Challenges for Pakistan's Courts in Enforcing Environmental Law

Abstract

The implementation of environmental law is not an easy a task, the courts of Pakistan having to face a lot of issues related to the environment including air and water pollution, deforestation, and wildlife protection. This abstract all so seeks to discuss the complex challenges which Pakistan judiciary experiences in the process of enhancing compliance with environment legislation. Inadequate legal environment and institutional arrangement constitutes a major challenge given the lack of adequate provisions for safeguarding the environment. Admittedly, environmental laws exist; however, enforcement measures fail to address due to uninspiring legislation, inadequacy of resources as well as lack of specialized environmental courts. Furthermore, there are intersession delays, difficulties with technical evidence, and lack of sufficient appreciation of the law amongst the legal profession for the judiciary to manage environmental cases effectively. Besides, socio-political factors include corruption, bureaucratic rigidity as well as vested self-interests weaken the environment legal codification. Finally, poor sensitization of the public and low involvement in the community deem the fight against polluters and championing of sustainable development noble courses irrelevant. Therefore, it is suggested that comprehending measures that require enhancement to support Pakistan’s courts in executing environmental law necessitates reforms that raise the legal, institutional, and socio-political structures. Building capacity to implement sound legal reforms, improving institutional improvements, and engaging the civil society are some of the democratic reforms needed to promote environmental governance and sustainable development in Pakistan.

Keywords: Pakistan’s Courts, Environmental Laws, Governance, Implementation, Reforms.