PHILOSOPHY

of
ENVIRONMENTAL LAW
PHILOSOPHY (BALLB - Seventh Semester)
OF
ENVIRONMENTAL LAW
(BALLB – Seventh Semester)

.Hima Lal Parajul

. Hima Lal Parajuli

PHILOSOPHY
Of
 ENVIRONMENTAL LAW 2.2 Concept meaning and Definition, Origin and Kinds of Environmental
Justice
(Seventh Semester) 2.3 Principles of Environmental Law

(2078) 2.3.1 Preventive Principal

2.3.2 Polluter Pays Principle

Course Code: Law 523 Credit: 3 2.3.3 Precautionary Principle

Pass mark: 50% Duration: 48 hrs 2.3.4 Principle of Inter- and Intra-Generational Equity

Subject: Environmental Law Nature: Compulsory 2.3.5 Principle of Common Heritage of Human Kinds

2.3.6 Principle of Good Neighborliness and International Cooperation

Environmental law 2.3.7. Principle of Common but Differentiated Responsibilities

Unit-1: Introduction (6hrs) 2.3.8. Principle of No Significant Harms

1.1 Concept & Philosophy of Environment 2.3.9. Principles of Sustainability

1.2 Meaning and Definition, Nature, Scope and kinds of Environment 2.3.10. Principles of Environment Justice

1.3 Global, regional and National Environment Problems and issues: Climate Unit 3: International Environment Law (10hrs)
change
3.1 Meaning, Nature and Scope of International Environmental Law
1.4 Ozone Layer Depletion, acid Rain, nuclear winter, atmospheric Pollution
3.2 Sources of International Environmental Law
1.5 Loss of biodiversity: Depletion of Cultural Heritage, Energy Issue and Food
sovereignty issues 3.3 Kinds of International Law

1.6 Causes and Effects of Environmental problems 3.4 Major Provisions of Multilateral Environmental Agreements (MEAs) to
Which Nepal is a Party
Unit 2: General Principles of Environment Law and 3.5 Major Global and Regional (SAARC) Environmental Agencies for the
Justice (10 hrs) Protection of Environment

2.1 Concept, Meaning, Definition and kinds of environmental law Unit 4: Environment Laws of Nepal (14hrs)
4.1 Concept, History of Environment Protection in Nepal
4.2 Sources of Nepalese Environment Laws
4.3 Forest Conservation Laws
4.4 Water Conservation Laws
4.5 Biodiversity and Wildlife Conservation Laws
4.6 Cultural Heritage Preservation Laws
4.7 Pollution Preservation and Control Laws
4.8 Climate Change Policies and Action Plans
Unit: 5 Relevant Court Cases (8hrs)
1. Surya Prasad Sharma Dhungel & Other vs. Godavari Mable Industries &
Others, Nepal Kanoon Patrika (NKP) (2052), P.168
2. Yogi Narahari Nath vs. Prime Minister Girija Prasad Koirala & Others, NKP
(2061), No. 1, P. 1361.
3. Bhoj Raj Aer vs. Ministry of Population and Environment, NKP (2061), No.
10, P. 1368.
4. Bhoj Raj Aer vs. Ministry of Water Resources & Others, NKP (2061), No. 10,
P. 1288.
5. Prakash Mani Sharma & Others vs. His Majesty's Government of Nepal,
Writ No. 2898, Decision Date 2061/09/06.
6. Bhoj Raj Aer & Other on Behalf of Society for Environment, Law and Good
Governance Activities (SELGA) vs. Prime Minister & Others, Writ No. 3377
(2060).
7. Narayan Devkota vs .Prime Minister and Council of Ministers & Other,
NKP (2067), No. 12, P. 2053.
8. Advocate Bharat Mani Gautam vs. Council of Ministers & Other, Writ No.
2791 (2057), Date of Decision 2058/2/19.
9. Advocate Bharat Mani Gautam vs. Council of Ministers & Others, Writ No.
3474 (2056), Date of Decision 2059/7/3.
10. Batawaran Sambandhi Muddaharuko sangaalo (in Nepal), Kathmandu:
Pro-PUBLIC, 2057 BS. Pro- Public, Batabaran Samrakchhyan Muddaharuko
Sangalo (in Nepali), Kathmandu: Pro-Public, 2057 BS.
Unit-1: Introduction (6hrs)
1.1 Concept & Philosophy of Environment
1.2 Meaning and Definition, Nature, Scope and kinds of Environment
1.3 Global, regional & National Environment Problems and issues: Climate
change
1.4 Ozone Layer Depletion, acid Rain, nuclear winter, atmospheric Pollution
1.5 Loss of biodiversity: Depletion of Cultural Heritage, Energy Issue & Food
sovereignty issues
1.6 Causes and Effects of Environmental problems
How to see environment cases? {S.No. and Name of the Treaties} {Date of
Ratification(R), Accession (A), Acceptance (a) by NEPAL}
39. Statute of the International Atomic Energy Agency, 1957
8/7/2008 (A)
40. Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space
and Under Water, 1963
7/10/1964 (R)
41. Convention on the World Meteorological Organization, 1873
12/8/1996 (A) 48. Convention on Biological Diversity, 1992

42. Convention on Wetlands of International Importance especially as 23/11/1993 (R)

Waterfowl Habitat (Ramsar Convention), 1971
49. United Nations Convention to Combat Desertification in those Countries
17/12/1987 (A) Experiencing Serious Drought and/or Desertification Especially in Africa, 1994

43. Convention on International Trade in Endangered Species of Wild Fauna 15/10/1996 (R)
and Flora, 1973
50. Kyoto Protocol to the United Nations Framework Convention on Climate
18/6/1975 (A) Change, 1997

44. Vienna Convention for the Protection of the Ozone Layer, 1985 16/10/2005 (A)

6/7/1994 (A) 51. Stockholm Convention on Persistent Organic Pollutants, 2001

45. Basel Convention on the Control of Transboundary Movements of 6 /3/ 2007 (R)
Hazardous Wastes and Their Disposal, 1989 15/10/1996 (A)

46. Montreal Protocol on Substances that Deplete the Ozone Layer, 1987,
52. Rotterdam Convention on the Prior Informed Consent Procedure for
London Amendment to the Montreal Protocol on Substances that Deplete the Certain Hazardous Chemicals and Pesticides in International Trade, 1998
Ozone Layer, 1990
9/2/2007 (A)
Copenhagen Amendment to the Montreal Protocol, 1992
53. Instrument of Ratification (Paris Agreement)
Montreal Amendment to the Montreal Protocol, 1997
01/10/2016 (A)
Beijing Amendment to the Montreal Protocol, 1999

6/7/1994 (A)

6 /7/1994 (A)

18/5/2012 (A)

18/5/2012 (A)

8/5/2012 (A)

47. United Nations Framework Convention on Climate Change, 1992

1.1 Concept & Philosophy of Environment
2 /5/1994 (R)
1.1.1 Origin and Concept of Environment
The term ‘Environment’ is supposed to be originated from
the French word 'Environmmer'. The English meaning of
this term is 'Encircle'. "Environ" is the Middle French
preposition whose meaning is "around" or "that which
surrounds".
The word "Environment” is a complex web of
relationships and interdependencies among biotic and
abiotic factors. In simple terminology, environment is the
surrounding that exists around us. Environment has been
defined from different perspectives. The definition by
science perspectives, legal perspectives, social
perspectives etc. We introduce some legal definitions
given by different institutions and acts.
1.1.2 Philosophy
This word philosophy was firstly developed from the
SAMSKRIT word "DARSHAN".The word "DARSHAN"
was used 5,000 years ago firstly in the Eastern
philosophy but the word "Philosophia" was used 1,500
years ago in Greek. The terminology philosophy is
supposed to be originated in Western philosophy from
Greek word "Philosophia". Philosophia is composed of
from two Greek words: "Philos" and "Sophia". The
English meaning of Philos is "Love" and Sophia means
"wisdom or knowledge". Thus, the meaning of
Philosophy is "Love of knowledge" or "Love of
wisdom". In SAMSKRIT language, philosophy is called
"DARSHAN". DARSHAN was created from the samskrit
root word "DRISH". The English meaning of the
SAMSKRIT root word "DRISH" is "to see". An
Esperanto language Philosophy is called "filozofio".
The Greek philosopher Plato has accepted that the
reasons of birth of philosophy are surprise and curiosity
(JIGYASA). Auguste Comte has declared the points:
(i) ignorance created religion.
(ii) Curiosity created philosopher and
(iii) reality created knowledge.
Some definitions of philosophy are as below:
i. Socrates (SUKARAT) - "Those who are lovers of the
vision of truth are philosopher. Philosophy is the
knowledge of truth."
ii. Aristotle: Philosophy is a science which discovers the
real nature of supernatural things (PARALAUKIK
ATMIK BASTU).
iii. Hegal: "Philosophy is the metaphysics
(TATAWOGYAAN) of reality".
DARSHAN or Philosophy are broadly categorized into
two types:
I. Eastern philosophy
Eastern philosophy was during 1200- 1000 A.D. The first
VEDA is "RIGBED". The second VEDA is
"AJURBED"-related with KARMAKANDA. Next is
"SAAMBED"- the methods of studying and worshiping
"VEDPATH". The next one is "ATHARBAVED" – it
deals with methodology of "YEGYE". Basis on VEDAS,
the six(///???) DARSHAN (Philosophy) were developed in
the world:
A. HINDU DARSHAN or Theism (AASTIK) or
VEDIC DARSHAN:
Vedic Darshan consists following philosophy:
A. 1. Naya Darshan (Philosophy) - founder of
MAHARSHI GAUTAM. Naya is related with present
law.
A.2.Vaisheshika Darshan (Philosophy) - founder RISHI
KANAAD, founder of three laws of motion in
SAMSKRIT language for the first time in the world. He is
the father of Science.
A.3. SAANKHYE DARSHAN (Philosophy) – The
founder of this philosophy is KAPIL, accepted three
features of nature: Activity (RAJAGUN), Inactivity
(TAMAGUN) and Steadiness (SATWOGUN).
A.4. MIMAAMSA DARSHAN (Philosophy) – The
founder of this philosophy is JAIMINI. This philosophy
works in accordance with VEDA knowledge.
A.5. YOGA DARSHAN (Philosophy)
The founder of YOGA DARSHAN was MAHARSHI
PATANJALI. It is worldwide famous till now.
Nowadays, the yoga performed by him is called as
"PATANJALI YOGA". The main book is
"YOGASUTRA".
B. NON-VEDIC DARSHAN or Atheism (NAASTIK):
B.1. Charwaka Philosophy or LOKAAYAT
DARSHAN:
The founder of this philosophy is AACHARYE
BRIHASPATI. It is eastern materialistic philosophy
(BHAUTIKBAADI DARSHAN). It is also called
Hedonist Philosophy (SUKHAWAADEE DARSHAN).
B.2. Jain Darshan: The founder of this philosophy is
RISHABVDEV and PRATHAM JAIN TIRTHAKAR
WARDDAMAN MAHABIR. It does not accept
existence of god but accept spiritual (adhyatmic
knowledge) experiences. It insisted on "MOCHHYE".
B.3. Buddha Darshan: The founder of this philosophy is
Siddartha Gautam Buddha. It does not accept god. It
accepts four supreme truth (AARYE SATYE):
i. There is pain (DUKHA) in the world,
ii. There is cause of pain,
iii. Pain can be removed,
iv. There are ways of removing pain.
To remove pain, following eightfold truth
(ASTHAMAARGA) should be followed:
1. Right view/ samayek drishti
2. Right aspiration/ samayak sankalpa
3. Right speech/ samayak boli
4. Right action/ samayak karma
5. Right livelihood/ samayak jiwan
6. Right effort/ samayak byaayam
7. Right mindfulness/ samayak smriti
8. Right contemplation/ samayak samadhi. When these
eight fold principles are applied in action, then ignorance
and pain is removed through is the ultimate peace is
achieved which is known as "Nirwana".
II. Western Philosophy
This philosophy has been divided into three periods:
1. Ancient (600-300 ISHAPURBAKO ABADHI)
Thales, Pythagoras, Heraclitus, Parmenids, Protagoras,
Anaxagoras, Socrates, Plato, Aristotle developed the
ancient western philosophy
2. Medieval (300-1400 ISHWIAMMAKO ABADHI):
Plotinus, Saint Augustine, Saint Thomas developed the
western philosophy.
3. Modern (1400 ISHWI PACCHIKO ABADHI).
Erasmas, Francis Bacon, Rene Descartes, Bruch Spinoza,
John Lock, George Berkeley Leibnizes, David Hume,
Rousseau, Kant, Heghel, Ludwikh phayerbakh, Karl Marx,
Jhon Dewey, Stefen Hawkins developed the philosophy.
In western philosophical schools, the following philosophy
are highlighted nowadays:
-idealism (AADARSHABAAD),
-Naturalism (PRAKRITIBAAD), It is the God centered ethics.
-Realism (YETHARTHABAAD), [See Apppendix - K for detail]

-Pragmatism (PRAYOJANBAAD) are famous nowadays. INTRODUCTION way of life, provides efficient, holistic
and comprehensive
[See Appendix – C for "Philosophy"] 2. Aesthetics of environment
1.1.3. Environmental philosophy It presents the beauty of natural environment and its
conservation aspects.
A. Environmental philosophy as a branch
of philosophy: 3. Ecofeminism

It is a branch of philosophy that is concerned with Ecofeminism is also called as ecological feminism which
the natural environment and humans' place within it. It is regarded as a branch of feminism that examines the
helps to study following points:
connections between women and nature deeply.Its name
1. Ethics of environment or environmental ethics. was coined by French feminist Françoise d'Eaubonne in
In practice, the famous ethics of environment are as 1974. Specifically, this philosophy emphasizes the ways
follows:
both nature and women are treated by patriarchal (or male
i. Ecocentric ethics:
- centred) society.
It is the ecology-centered ethics.
ii. Anthropocentric ethics: Merriam Webster: Ecofeminism is a movement or
theory that applies feminist principles and ideas to
It is the human-centered ethics.
ecological issues.
iii. Biocentric ethics:
4. Environmental hermeneutics
It is the biology centeredethics.
iv. Theocentric ethics:
Hermeneutics is the art of understanding and of making
oneself understood. Hermeneutic philosophers examine,
for example, how our cultural traditions, our language,
and our nature as historical beings make understanding
possible. The hermeneutic approach holds that the most
basic fact of social life is the meaning of an action. Social
life is constituted by social actions, and actions are
meaningful to the actors and to the other social
participants.
5. Theology of environment or environmental theology.
6. Contemporary issues of environmental philosophy:
It include issues related to the depletion of finite resources
and other harmful and permanent effects brought on to the
environment by humans, as well as the ethical and
practical problems raised by philosophies and practices of
environmental conservation, restoration, and policy in
general.
B. Environment as an ecosystem:
In fact, the term 'environment' is often used interchangeably
with an ecological term 'ecosystem' that can be defined as a
community of interacting organisms together with their
physical surroundings. Ecosystem is the community of biotic
factors in conjunction with the abiotic factors of their
environment, interacting among them forming a special
system.
C. Environment as a Systems analysis approach
The term 'earth system' is a more useful one than the classical
term 'the environment', due to the fact that the natural world is
a dynamic, more complex entity with its own natural laws and
processes, rather than being simply a passive space that is
inhabited, exploited and given significance by humans.
Moreover, increasingly, environmentalist have acknowledged
that the study of environment is ideally an interdisciplinary in
nature and is studied in many academic disciplines for different
issues. Understanding complex global environmental issues
such as climate change, global warming require expertise
beyond the scope of any single academic discipline. The study
of environmental science and law is, ultimately, focused on the
planetary scale in earth system forms and how human utilizes
and integrate this approach for their survival. This is not to say
that the study of environmental issues at other scales is
unimportant and useless but, in fact, the management of
localized environmental issues - such as the pollution of
streams and rivers and ponds - is critically important for
human communities, livelihoods and well-being, as well as for
the health and integrity of ecosystems. Nevertheless, the study
and management of local and regional environmental issues
within a holistic, integrated, global context are very important.
The earth system may be subdivided, for our convenience, into
categories like 'geosphere', 'atmosphere', 'hydrosphere' and
'biosphere' - as well as into smaller categories - it is important
to emphasize that such categories interact and overlap at all
spatial and temporal scales.
D. Modern movement of environmental philosophy
Environmental philosophy emerged as a branch of
philosophy in 1970s. Early environmental philosophers
include Richard Routley, Arne Næss, and J. Baird
Callicott.
The movement was an attempt to connect with
humanity's sense of alienation from nature in a
continuing fashion throughout history.
E. Environment philosophy as Deep ecology movement
In 1984, two famous environmentalist George Sessions
and Arne Næss articulated the "principles of the new Deep
Ecology Movement". The basic principles adopted by
them are enlisted here:
-The well-being and flourishing of human and non-human
life have value.
-Richness and diversity of life forms contribute to the
realization of these values and are also values in
themselves.
-Humans have no right to reduce this richness and
diversity except to satisfy vital needs.
-The flourishing of human life and cultures is compatible
with a substantial decrease in the human population.
-Present human interference with the nonhuman world is
excessive, and the situation is rapidly worsening.
-Policies must therefore be changed. These policies affect
basic economic, technological, and ideological structures.
The resulting state of affairs will be deeply different from
the present.
-The ideological change is mainly that of appreciating life
quality (dwelling in situations of inherent value), rather
than adhering to an increasingly higher standard of living.
There will be a profound awareness of the difference
between big and great.
-Those who subscribe to the foregoing points have an
obligation directly or indirectly to try to implement the
necessary changes.
In sum, philosophy of environment is like an ornament of
environmental law without which real study and
understanding of environmental law is impossible.
[SEE Appendix - 0 for environmental philosophy]
Assignment – Unu (1)
1. Define the meaning of philosophy. And how the
philosophy of environment plays significant role to
beautify our living? Explain with special references.
2. How philosophy of environment is related with deep
ecological movement?
3. Discuss the significance of the philosophy of
environment as a System Analysis Approach.
4. What do you mean by Natural environment? How can
we protect it? Present your views.
5. How can you define artificial environment. Is there any
philosophical connection to conserve such environment?
What is the role of UN and UNESCO to conserve such
artificial environment? Make slide presentation preparing
20 beautiful slides.
1.2 Meaning and Definition, Nature, Scope and kinds
of Environment
1.2.1 Meaning of Environment
Literary environment means the surrounding and external
conditions influencing development or growth of people,
animal or plants, living or working conditions etc. In
Nepali language, environment is called "PARYAWARAN"
and "environmental law" is called "PARYAABARAN
KAANUN". To define environment, we need to give the
answers of three questions: What is surrounded? By what
surround? Where surrounded?
The living objects in general and man in particular is
surrounded. The answer of the first problem. Man is
surrounded by the physical attributes which are, indeed,
physical environment. In fact, the concern of all education
is the environment of man. Man cannot exists in isolation
without using the life of plants. Hence, environment refers
to the sum total of condition, which surround point in
space and time. The answer of the second problem. It is in
nature that physical component of the plant earth, viz land,
air, water etc., support and affect life in the biosphere. The
answer of third problem. In this way, the most common
meaning of Environment is Nature. The very soft meaning
of environment is surroundings.
1.2.2 Definition of Environment
The term environment has been defined in different
disciplines like natural science, biology, geology,
geography, hydrography, meterology, sociology,
anthropology, economics, law etc.
There is no universally accepted common definition of
the environment. Every person can define the word
environment in his own acumen. That’s why, there is a
difficult task to find the single definition of environment.
It is because we have categorized the definitions in the
following different view point:
A. From the view point of “Aspects”
i. Eco - centric Definition
The definition which focuses on the protection of
ecological system is considered as eco-centric definition.
It does not concern with the benefits of human from the
nature.
ii. Anthropocentric Definition
The definition which focuses and explains the needs and
benefits of human being is defined as anthropocentric
definition.
iii. Hybrid Definition
The definition which encapsulates both the aspects eco-
centric and anthropocentric definition is called hybrid
definition. This is regarded as wide definition also.
B. From the view point of “Sense”
i. Narrow Definition
The definition containing one aspect of environment only.
ii. Broader Definition
The definition containing both aspects of environment.
iii. Comprehensive Definition
The definition containing both aspects of environment and
other possible aspects also.
C. From the view point of “Forms”
i. Dictionary Definition
According to Black's Law Dictionary, environment,
environment means" the totality of physical, economic,
cultural, aesthetic, and social circumstances and factors
which surrounds and affect the desirability and value of
property and which also affect the quality of peoples' lives.
The surrounding conditions influences or forces which
influence or modify".
This definition is comprehensive because it has
incorporated both eco-centric and anthropocentric
aspects of the environment.
According to the American Heritage Science Dictionary
(2002), environment means "all of the biotic and abiotic
factors that act on an organism, population, or ecological
community and influence its survival and development.
Biotic factors include the organism themselves, their food,
and their interactions. Abiotic factors include such items
such as sunlight, soil, air, water, climate, and pollution.
Organism responds to change in their environment by
evolutionary adaptations in form and behavior."
This definition is broader but has adopted eco-centric
aspect of the environment only.
According to Webster's New Collegiate Dictionary,
environment means "the circumstances, objects, or
conditions by which one is surrounded"
This definition is narrow and has adopted again eco-
centric aspect of the definition.
According to Encyclopedia Britannica, environment
means "the entire range of external influences acting on an
organism both the physical and biological, and other
organisms, i.e. forces of nature surrounding and
individuals". Environment, the complex of physical,
chemical, and biotic factors that act upon an organism or
an ecological community and ultimately determine its
form and survival. Encyclopedia Britannica definition is in
broader sense and has adopted both aspects: eco-centric
and anthropocentric.
ii. Academic Definition
According to academician Ernest Callenbach,
environment means" everything that surrounds us, sky,
sea, mountains, forests, rivers, birds, and animals".
Another academician S.C. Kendeigh, environment is "the
sum total of the physical and biotic conditions influencing
the activities of organisms. The life activities or growth of
organs are centered around the thin surface zone of the
earth. This life supporting component is known as the
biosphere, which is the biological world or the biotic
world. Air, soil, and water are the most important Parts of
the abiotic world." This definition is in narrow sense and
has adopted eco-centric approach only.
iii. Institutional Definitions
In the broadest sense, environment is defined as a complex
web including water, air, soil, flora and fauna and
interactions among them with human activities done for
their survival.
The simple meaning of environment is surroundings. The
legal meaning of environment are listed from different acts
presented by various countries of the world. The legal
environment in the court, programming environment in the
computer office, class room environment in the teaching
field, school environment in education field, campus
environment in higher education field, game environment
in Olympic match, yoga environment in forest, treatment
environment at hospital can be taken as an examples of
environment in ordinary sense. Indeed, environment is a
vast philosophical term which contains nature, Ecosystems
(Forest Ecosystems, Grassland Ecosystems, Desert
Ecosystems, Tundra Ecosystems, Freshwater Ecosystems,
Marine Ecosystems), Ecology, all types of interactions
among biotic and abiotic factors including both natural
and artificial things. The cultures which we performs, the
cultural heritages that we prepare, the social activities that
we follow, all are included in the true definition of the
environment.
Some legal institutional definitions of environment are
mentioned here to make the meaning more clear.
1. The regional level convention was held on 1993,
Lugano convention or Council of Europe (COE)
Convention on " Civil Liability for Damage Resulting
from Activities Dangerous to the Environment" and has
presented definition in the form: “'Environment’ includes -
natural resources both abiotic and biotic, such as air,
water, soil, fauna and flora and the interaction between the
same factors; - property which forms part of the cultural
heritage; and - the characteristic aspects of the landscape.”
Items of the natural and the man-made environment are
included, but not items of the human environment.
2. In principle 2 of "Declaration of the UN Conference on
Human Environment, Stockholm 1972", Stockholm
Declaration - 1972, also presented the definition of
environment including especially representative samples
of natural ecosystems. The term “environment” could be
said to cover "all those elements which in their complex
inter-relationships form the framework, setting and living
conditions for mankind, by their very existence or by
virtue of their impact".
3. The definition given by Council of the European
Economic Community –CEEC is stated as follow:
"Environment is the water, air, land and the
interrelationship between them and any organism".
It has emphasized on the relationships within water, air,
land themselves and with any other living organisms also.
iv. Statutory Definitions
Currently, more than 100 countries of the world have
enacted. Environment protection Act or Resources
Management Act. All the Environment Protection Acts
have provided definition of the environment. Few
statutory definitions under (a) and (b) are observed below:
iv. (a) Definition of environment from environment
protection act:
iv. (a) 1. Definition of environment from act in "The
environment protection Act, 1986 of India":
The term "environment" includes "water, air and land and
human beings, other living creatures, plants,
microorganism, and property".
This definition is broader and has adopted both aspects of
the environment – eco – centric and anthropocentric.
iv. (a) 2. Definition of environment from act "The
Environment Protection Act, 1990 of the United
Kingdom":
The English Environment Protection Act 1990, Section
1(2),defines the “environment” as consisting “of all, or
any, of the [media] the air, water and land; and the
medium of air includes the air within buildings and the air
within other natural or man-made structures above or
below ground”. In simple words, Environment consists of
all or any of the following media, namely, air, water and
land and the medium of air includes the air within the
building and the air within other natural or man- made
structures above or below ground. The definition is in
narrow sense and has adopted anthropocentric aspect of
the environment.
iv. (a) 3. The definition given by Canadian
environment protection act, 1988:
Under section 3(1) of said act is stated as follow:
Environment is components of the earth and includes
(a) Air, land and water
(b) All layers of the atmosphere
(c) All organic and inorganic matter and living organism
and
(d)The interacting natural systems that include
components referred to in (a) to (c).
It is somewhat practical definition. Canada has also done
remarkable functions in the conservation of environment
in these days.
iv. (a). 4. Definition from environment protection act
1997, under section 2(a) of Nepal:
"Environment means the interaction and the
interrelationship among the components of natural,
cultural, and social system, economic, and human
activities, and their components."
The above definition is also good and it has covered eco –
centric and anthropocentric aspects of the environment but
it is not so comprehensive compared to the definition
provided by the resources management act of New
Zealand.
iv. (a). 5. The definition given by Environment
Protection Act, 2019 (2076) under section 2(t):
"Environment" means the interaction and inter-
relationship among the components of natural, cultural and
social systems, economic and human activities and their
components." Almost the definition of this act is same as
of previous act.
iv. (a).6. Another definition has been taken from the
New Zealand Environment Act of 1986:
The term environment includes: “a) ecosystems and their
constituent parts; b) all natural and physical resources; c)
the social, economic, aesthetic and cultural conditions
which affect the environment or which are affected by
changes to the environment."
The legal approach to “the environment” is to separate
regulations into broad categories.
iv. (b) Definition from resource management acts
iv.(b).1. Definition from resource management Act,
1990 New Zealand:
"Environment" includes following:
a. Ecosystems and their constituent parts, including people
and communities; and
b. All the natural and physical resources; and
c. Those qualities and characteristics of an area which
contribute to its pleasantness, harmony coherence,
convenience and sense of community, and any person's
reasonable enjoyment of those qualities and
characteristics; and
d. The social, economic, aesthetic and cultural conditions
which affect the matters stated in paragraphs (a) – (c) or
which are affected by those matters.
This definition is comprehensive and covers both the
aspects of the environment – eco – centric and
anthropocentric as well as elements of environment –
physical, biological, and cultural. Neither the protection of
ecological system without addressing human needs nor the
meeting of the human needs without maintain ecological
system can be considered as good. There must be equal
consideration on the both – ecocentric and anthropocentric
aspects of the environment.
v. Definitions from precedents/ justice system
Some definitions during of justice process from supreme
courts and definitions of ICJ can be regarded as definitions
of environment.
v. 1. According to ICJ (International Court of Justice):
" The environment is not an abstraction, but represents the
living space, the quality of life, and very health of human
beings including generations unborn".
This definition is short but in broader sense, because it has
adopted both aspects of the environment, ecocentric as
well as anthropocentric. The phrase "represents the living
space" reflects naturel and built environment and the
phrase" quality of life" and " the very health of human
being" reflects anthropocentric aspects.
v. 2. In Godabari Marble Case, Supreme Court of
Nepal has defined the term environment……………….
[see: Give Godabari Marble case for study: Appendix -H]
vi. Definitions from Expert
1. Boring:
‘A person’s environment consists of the sum total of the
stimulation which he receives from his conception until
his death.’ It can be concluded from the above definition
that Environment comprises various types of forces such
as physical, intellectual, economic, political, cultural,
social, moral and emotional. Environment is the sum total
of all the external forces, influences and conditions, which
affect the life, nature, behaviour and the growth,
development and maturation of living organisms.
2. Douglas and Holland:
‘The term environment is used to describe, in the
aggregate, all the external forces, influences and
conditions, which affect the life, nature, behaviour and the
growth, development and maturity of living organisms.’
3. Salter:
He has suggested three groups. Under a heading of
“natural” environment, protection of environmental media
is included. A second category is the “manmade”
environment including the cultural heritage. A third
category concerns “human” environment, including
regulations on food content, products, safety issues, leisure
and economic health (consumer protection, eco-labelling,
and so forth).Further categories could be indoor and
working environment, but in Salter’s distinctions these
should probably be treated as sub-categories of a “man-
made" environment. This article is primarily concerned
with the “natural” environment in Salter’s classification.
4. Backer:
He uses the four categories to define the term
environment. Environment consists of following things: i.
social, ii. physical, iii. internal (working environment) and
iv. external (natural) environment.
5. Sands:
He presents the “four possible elements” included in
international acts, “(a) fauna, flora, soil, water, and
climatic factors; (b) material assets (including
archaeological and cultural heritage) (c) the landscape and
environmental amenity; and (d) the interrelationship
between the above factors” in his book "Principles of
international environmental law, Vol 1 Frameworks,
standards and implementation, 1995.
6. P. Gisbert:
He has defined as “Environment, as the term itself
indicates, is anything immediately surrounding an object
and exerting a direct influence on it”.
7. Kimball Young:
Environment refers to “those forces, situations or stimuli
which influence the organism from outside”. The role of
environment is so great that it can affect our society and
our behaviour. The environment is more than a
“conditioning” factor of life.
8. MacIver:
He says, “It interpenetrates life everywhere. It directs or
diverts, stimulates or depresses man’s energies. It moulds
his speech; it subtly changes his frame. It is entirely
inseparable from life. Life and environment are, in fact,
correlates. Furthermore, every change in a living creature
involves some change in its relation to environment, and
every change in the environment, some change in the
response of the organic being. It is, indeed, a factor of
great complexity. It consists of various aspects.
 Buddhists accept changes in nature. Change is an
9. Goudie:
Environment is the representative of physical components
of the earth where in man is an important factor affecting
the environment.
10. Himalal Parajuli:
"Environment is a earth system where human activities are
performed for their sound living and the interactions
among all biotic and abiotic factors, together with special
creation human, play the significant role in ecological
balance."
vii. Definitions from man of law (elected international
personalities, President or Ministers or Government
authorized legal person)
Nelson Mandela: Environment is a natural system where
our activities for the human welfare without destroying the
ecological balance.
Mahatma Gandhi: Environment system is a mother
system of living world where all living and non-living
things are correlated.
viii. Definitions from theology
a. Definition from Buddhist approach
essential part of growth. People should allow for change
in the world.
Most Buddhists believe people need to live simply and
respect the cycle and balance in nature so everything can
continue for future generations. To some Buddhists,
living 'skilfully ' means to live without producing waste.
The whole world benefits from avoiding needless
exploitation.
The Buddha said, "there is no spot on the ground where
men had not died and therefore every part of nature will
be endowed with a spirit, these will be the spirits of the
trees, the mountains and the water."
[see appendix – L]
b. Definition from Hindu approach:
Vedic view on environment is well-defined in one verse
of the Atharvaveda where three coverings of our
surroundings are referred as Chandamsi:'Wise utilize three
elements variously which are varied, visible and full of
qualities. These are water, air and plants or herbs.
(See APPENDIX- J FOR MORE HINDU CONCEPT ABOUT
SAMSKRIT)
c. Definition from Islamic approach:
According to Islamic law, the basic elements of nature –
land, water, fire, forest, and light – belong to all living
things, not just human beings. Allah (Subhanahu Wa
Ta'ala) commands human beings to avoid doing mischief
and wasting resources as these acts cause degradation of
the environment.
Environmental awareness and protection of natural
resources is an integral part of Islamic beliefs. A major
objective of Islamic teachings and Prophet (Peace Be
Upon Him) traditions is to build and maintain a healthy
and clean environment which is devoid of any source of
pollution and misuse.
In Islam, nature caters to the spiritual and material needs
of mankind. In the Qur'anic perspective, humans are
created to serve the Creator which actually means to serve
the highest good for oneself, the community, and
the environment. This perspective is part of the
foundation of Islamic environmental ethics.
In Islam, nature caters to the spiritual and material needs
of mankind. In the Qur'anic perspective, humans are
created to serve the Creator which actually means to serve
the highest good for oneself, the community, and
the environment. This perspective is part of the
foundation of Islamic environmental ethics.
d. Definition from Christian Approach:
Some Christians favor a more biocentric approach,
Catholic officials and others seek to retain an emphasis on
humanity while incorporating environmental
phenomenon. Christian views on
environmentalism vary among
different Christians and Christian denominations. Major
Christian denominations endorse the Biblical calling of
our stewardship of God's creation and our responsibility
for its care. Some of this church policy is relatively recent
and may not be followed by some parishioners. According
to some social science research, conservative Christians
and members of the Christian right are typically less
concerned about issues of environmentalism than the
general public. Many Christians, however, are
environmental activists and promote awareness and action
at the church, community, and national levels. Green
Christianity is a broad field that encompasses Christian
theological reflection on nature, Christian liturgical and
spiritual practices centered on environmental issues, as
well as Christian-based activism in the environmental
movement. Within the activism arena, green Christianity
refers to a diverse group of Christians who emphasize
the biblical or theological basis for protecting and
celebrating the environment. The term indicates not a
particular denomination, but a shared territory of concern.
Jesus- “Be fruitful and multiply and fill the earth.” “I am
establishing my covenant ... with every living creature.”
“The trees of the hills… will clap their hands.” “The Word
became flesh and lived among us.”
Environmental sustainability is a major issue in society
today. While Christian response was generally slow in the
1980s and ’90s, concern has grown rapidly in the 21st
century across the church. In this book, two environmental
experts consider eight of the key contemporary issues,
offering eco-tips to enable practical response, as well as
Bible-based reflections to deepen understanding. Among
the issues covered are climate change, food, biodiversity
and population, and the relationship between
environmental problems and issues relating to world
development.
In sum, we can find various definitions given by different
institutions and acts. Not a single definition is perfect but
each of them has given the true sense of definition of
environment. The term environment also includes the
universe and its existence together with earth in a vast
sense.
[ See Environment Protection Act, 2076 (2019) in
Appendix : B of the book " Philosophy of Environmental
Law"]
Assignment – Du (2)
1. How can you define the term "environment" from
different legal perspectives? Present your opinion. Also,
mention at least five definitions of different acts presented
by different environmental protection acts of different
countries.
2. What is your opinion about the definition given by
present "Environmental Protection Act, 2019" of Nepal?
How the social and cultural environment plays significant
role in determining a healthy environment? Does the
practice of sustainable development protect the natural
environment?
3. Present your views on the topic "Natural and Artificial
Environment." Enlist at least fifty natural environment of
your locality. Also, give thirty matters that are helping to
construct artificial environment of Nepal.
4. Give a conceptual meaning of environment.
Differentiate between the definition given by Canadian
Environment Protection act and Environment protection
Act of Nepal.
1.2.3 Nature of Environment
Neither man created the natural environment nor can
survive without it. Men only exploit it. This the real nature
of environment. Natural Environment is the best creation
of the universe. But there are many philosophical attitudes
towards how the nature, natural environment and universe
were created? Was it special creation by anybody else, or
there is special process of its formation? It is unsolved
question till now.
The concept of ‘environment’ is considered as a very old
concept like ‘nature’. In fact, "nature" and "environment"
can be considered as two sides of a coin.
The space where we live in, the air which we breathe, the
water which we drink, the food which we consume, the
fruits which we eat, the sunlight, heat and sight which we
get, the natural, cultural and spiritual heritages that we
experienced, in deed, all are achieved from the
environment.
The most basic definition of environment is the immediate
external surrounding of an object. It includes all those
forces, situations and stimuli that influence an organism
from outside. The power of the types of environment is so
great that it affects not only the society but also the
behaviour of humankind.
Humankind has existed for millions of years, and they
have interacted with the environment, but still, there is a
lot to learn. The environment is a fantastic thing that
continues to surprise us, but on the other hand, it has been
on the constant attack from human activity. Most of the
activities of man have had a negative impact resulting in
global patterns that are unforgiving.
In a broad sense, the term environment includes the
followings-
i. Air ii. Water iii. Land iv. Human beings
v. Plants vi. Animals vii. Sound viii. Micro-
organisms
ix. Space/Sky x. Sunlight xi. Cultural
Heritages.
Interactions between and among all the above things helps
to compose an environment.
No organism can exist on our beautiful earth without a
decent and healthy environment. In fact, human beings
have been creating social and cultural environment as per
need respecting their ethnicity and trend of evolution. The
complex wave have been continuously generated on the
ecosystem owing to the interrelations, interactions and
interdependencies of biotic (living) and abiotic (non-
living) matters that exist within environment. The
environment is the sum of all these biotic and abiotic
factors which has maintained the ecology. Our
surroundings is our environment, our environment is our
nature. Placid (peace and calm) lakes, rivers, forests and
mountains like Mount Everest, Fish-tail (Macchapuchhre)
etc. help to define the natural environment whereas
Pashupatinath Temple, Bindhabasini Temple, Barahi
Temple, Bauddha Stupa, Hanuman Dhoka etc. help to
define man-made or artificial environment.
These are the resources that are found in the environment
and are developed without the intervention of humans.
Natural resources include air, sunlight, water, soil, stone,
plants, animals and fossil fuels. Natural resources are
naturally occurring materials that are useful to man or
could be useful under conceivable technological,
economic or social circumstances or supplies drawn from
the earth, supplies such as food, building and clothing
materials, fertilizers, metals, water and geothermal
power. For a long time, natural resources were the domain
of the natural sciences.
In very common term, our natural surroundings is called
our natural environments. Environment is that what we
have experienced and observed in surroundings, both
natural, and artificial. It is said that to get the separate
entity of environment is impossible. It has spread over
different sectors like air, water, land, plants, landscape,
sound, light, sky, living creatures, microorganisms and
cultural heritages. There are two components of
environment. They are: Biotic Components and Abiotic
Components.
In simple words, the circumstances, objects or conditions
by which one is surrounded, is called an environment. In
another words, the complex of physical, chemical that act
upon an organism or an ecological community and finally
determine its form and survival is known as environment.
The definition of environment is somewhat vast also. The
aggregate of social and cultural conditions that influence
the life of an individual or community is the wide
definition of environment. Sometimes, environment is
defined as the position or characteristic position of
linguistic element in a sequence. Technically, computer
interface from which different tasks can be performed is
simply known as a programming environment in the
language of computer.
Elements of Environment
Environment is constituted by the interacting systems of
physical, biological and cultural elements inter-related in
various ways, individually as well as collectively. The
elements may be explained as under:
(1) Physical elements
Physical elements are as space, landforms, water bodies,
climate soils, rocks and minerals. They determine the
variable character of the human habitat, its opportunities
as well as limitations.
(2) Biological elements
Biological elements such as plants, animals,
microorganisms and men constitute the biosphere.
(3) Cultural elements
Cultural elements such as economic, social and political
elements are essentially manmade features, which make
cultural milieu.
[See nature of environmental studies in Appendix –G]
1.2.4 Scope of Environment
Scope means coverage, end aimed at purpose, intention,
outlook, purview and sphere of observation. The scope of
environmental studies is vast and wide which includes its
field of study. Sky is its limit and ocean is its depth. What
is not covered in environmental studies shall take years
and years yet to think as how to cover.
The scope of the term Environment has been changing and
widening by the passage of time. In the primitive age, the
environment consisted of only physical aspects of the
planted earth' land, air and water as biological
communities. As the time passed on man extended his
environment through his social, economic and political
functions.
Environment is a multidisciplinary academic field which
systematically studies human interaction with the
environment. Environmental law studies connects
principles from the physical sciences,
commerce/economics, the humanities, and social sciences
to address complex contemporary environmental issues
with the legal aspects. It is a broad field of study that
includes the natural environment, the built environment,
and the relationship between them. The field encompasses
study in basic principles of ecology and environmental
science, as well as associated subjects such as ethics,
geography, anthropology, policy, politics, urban planning,
law, economics, philosophy, sociology and social justice,
planning, pollution control and natural resource
management. There are many Environmental Students in
Environmental law Studies gain the intellectual and
methodological tools to understand and address the crucial
environmental issues of our time and the impact of
individuals, society, and the planet with the existing laws.
So far as the matter of Scope of Environment is concerned,
we study the four segments of environment under it.
A. Atmosphere:
The earth’s atmosphere comprises a thick layer of gases
surrounding the planet. This layer of gases is held in place
by the gravitational force. The atmosphere is essential
because it protects life on planet earth through the
absorption of dangerous ultraviolet solar radiation,
warming the earth’s surface by way of the greenhouse
effect and contributing to the reduction of temperature
extremes between day and night. Also, the scope
(jurisdiction) of atmosphere in environmental law are
again studied under following headings. Atmosphere
consists:
a.Troposphere / weather layer (0-16km) living things are
rich in this layer.
b.Stratosphere / protective layer/middle atmosphere (16-
50km),
c. Mesosphere / middle atmosphere (50-80km),
d.Thermosphere / upper atmosphere (80-720km),
e. Exosphere / Fringe region (above 720 km)
The atmosphere implies the protective blanket of gases,
surrounding the earth: (a) It sustains life on the earth. (b) It
saves it from the hostile environment of outer space. (c) It
absorbs most of the cosmic rays from outer space and a
major portion of the electromagnetic radiation from the
sun. (d) It transmits only here ultraviolet, visible, near
infrared radiation (300 to 2500 nm) and radio waves. (0.14
to 40 m) while filtering out tissue-damaging ultraviolate
waves below about 300 nm. The atmosphere is composed
of nitrogen and oxygen. Besides, argon, carbon dioxide,
and trace gases. There is negligible quantity of air in this
layer of atmosphere. Because of the outermost layer of the
atmosphere, it is also called as the fringe region. Climate
change disturbs the ecological balances of the earth so that
monsoon changes. Weather and climate changes. We can
see drought even in rainy season. We cannot see ice cubes
on the top of the mountains.
Significance of atmosphere
The atmosphere is the protective cover of gases which
surrounds the earth. Atmosphere is composed of nitrogen,
oxygen, argon, carbon dioxide and other trace gases.
Atmosphere helps in the following way:
i. Helps to sustain life on the earth.
ii. Saves from the hostile environment of outer space.
iii. Absorbs most of the cosmic rays from outer space and
major portion of the electromagnetic radiation from the
sun.
iv. Transmit only ultraviolet, visible, near infrared
radiation (300-200 nm) and radio waves (0.14-40 m) while
filtering out tissue damaging ultraviolet waves below
about 300 nm.
B. Hydrosphere:
The layer is made up of a combined mass of water located
on, under and over the planet. It includes all the water
bodies.
The Hydrosphere comprises all types of water resources
oceans, seas, lakes, rivers, streams, reserviour, polar
icecaps, glaciers, and ground water. (i) Nature 97% of the
earth’s water supply is in the oceans, (ii) About 2% of the
water resources is locked in the polar icecaps and glaciers.
(iii)Only about 1% is available as fresh surface water-
rivers, lakes streams, and ground water fit to be used for
human consumption and other uses.
Hydrosphere comprises all types of water resources,
oceans, seas, lakes, rivers, streams, reservoir, polar
icecaps, glaciers and ground water.
-Oceans supply 97% of the earth’s water.
-Polar icecaps and glaciers has locked 2% of water
resources.
-Only about 1% of water is available as fresh surface
water by rivers, lakes, streams, ground water.
C. Lithosphere:
It is the rigid outermost shell that forms the surface of the
planet. It is also called the crust and is made of different
minerals. The major component of this part of the
atmosphere is the earth’s tectonic plates of the earth, such
as rivers lakes, oceans and ponds.
Lithosphere is the outer mantle of the solid earth. It
consists of minerals occurring in the earth’s crusts and the
soil e.g. minerals, organic matter, air and water.
So far as the matter of lithosphere is concerned, it is also
outer part of the earth crust. The internal structure of earth
is also divided into three parts like:
1. Crust (outer 5- inner 50 km., up to 4000c temp., living
animals in outer parts, silicon, iron, magnesium,
aluminium, oxygen etc. are found in solid state).
Earth’s surface has been changed continuously because of
the factors like: Heat of the sun, Wind and storm, Rainfall,
Overgrazing, Deforestation, Unscientific agricultural
practice, Developmental works etc.
It is the outer mantle of the solid earth. It consists of
minerals occurring in the earth’s crust and the soil Eg.
Minerals, organic matter, air and water.
The earth is the living place of all the living organisms. It
is the only planet in the solar system which consists of life.
Life has become possible on the earth due to the presence
of water in it, suitable gases including oxygen for life and
moderate temperature in which living organism can
survive.
Earth is the beautiful combination of land, water and air.
The three layers of the earth are lithosphere, hydrosphere
and atmosphere. Lithosphere is made by various forms of
lands, like plain, desert, hills, mountains etc.
2. Mantle (inner 50-2900 km., 7500c - 25000c temp.,
molten rocks are found in magma form.
3. Core
1. Outer core (2100 km., 25000c to 50000c temp., molten
state of matters are found)
2. Inner core (1300 km, up to 60000c, solid state of
matters are found)
Life is possible only in earth crust which we have covered
here from the explanation of lithosphere.
4. Biosphere:
The biosphere can also be termed as the global sum of all
ecosystems that encompass regions where life exists. It is
where life is found on earth. The zone is closed and self-
regulating, thus ensuring the continuity of life. It is the
immediate physical and social setting in which human
beings live and also where things happen or develop. It
delves further into the cultures of societies how they
influence individuals. The aspects of the social
environment include culture, language, social condition,
social class, health, type of occupation and the economic
conditions of people within specific parameters.
The realm of entire living organism has been included
under biosphere and their interactions with environment,
viz. atmosphere, hydrosphere, lithosphere.
ASSIGNMENT - tri (3):
Discuss the Scope of Environment in your own words.
Answr: The scope of environmental studies is very wide.
It deals with the Conservation of natural resources,
Ecological aspects, Pollution of the surrounding natural
resources, Control of the pollution, Social issues, Impacts
of human population on the environment.
Environment is the aggregation of what is around
something or someone. Indeed, environment means the
surroundings or conditions of life, may be social, political,
economic, cultural, natural etc. To produce goods in the
spheres- agriculture and industry, natural resources are
used with the artificial resources. While we use the natural
resources continuously, some resources are depleted, some
may be degraded lowering their quality, some may be
polluted. Owing to that reason future generation will not
get enough resources in future and their living standards
will be adversely affected. That's why we should have a
rational intention of using natural resources without
harming it.
In fact scope of environment consists of four segments:
[(at –hy –li – bio)sphere]
1. Atmosphere:
-Protective blanket of gases
-surrounds the earth
- sustains the life on earth, saves from hostile environment
of outer space
- absorbs most of the cosmic rays from outer space
- absorbs electromagnetic radiation from sun
- transmits only ultraviolet visible, near infrared radiation
(300 to 2500 mm) and radio waves (0.14 to 40 m) while
filtering out tissue- damaging ultraviolet waves below 300
nm
- It has major two gases: nitrogen and oxygen
-It also contains argon, carbondioxide and other trace
gases.
2. Hydrosphere:
- comprises all types of water resources
- oceans, seas, lakes, streams, reservoir, polar icecaps,
glaciers and ground water are the major parts
- 97 % of water supply from oceans
- 2 % of locked water in icecaps and glaciers
- I % fresh water in surface water – rivers, lakes, streams
and underground
3. Lithosphere:
- outer mantle of the solid earth
- consists minerals occurring in the earth's crust
4. Biosphere:
- The entire realm of living organism
-their inerreaction with atmosphere, hydrosphere and
lithosphere.
ASSIGNMENT – kvar (4):
Define the term environment with its basic concept.
Explain different meaning of environment and
environmental law. Also, discuss the scope of environment
and environmental law in your own words. (20 pages)
ASSIGNMENT – kavin (5):
What do you mean and environmental law. Discuss about
the components, elements, sectors of the environment
relating with the factors affecting the environment. Also,
highlight types of environment with the proper example
of your own. (10 pages)
[seeAppendix–D for Importance of the Environment
Studies]
ASSIGNMENT – ses (6):
1. What is Environment? Discuss the scope of
Environment.
2. Describe the importance of environment studies.
3. “The need for public awareness about environment is
of vital importance.” Discuss.
4. Discuss the various types of environment.
Short Answer Type Questions
1. Define the term environments and physical (c) Cultural Environment,
environment.
P. Gisbert: He has divided environment into four types:
2. Discuss the scope of environment in your own words.
3. What do you mean by "Earth System?" (a) Natural Environment,
5. Define the term biological environment. (b) Artificial Environment,

(c) Social Environment, and

1. 2. 5 Types of Environment
(d) Psychological Environment,
Environment is a complex totality of many things. It has
been divided into different types by different scholars. Kimbal Young: He has divided it into only two types:
MacIver and Page: They have mentioned of two types of (i) Geographic Environment, and
environment:
(ii) Social-Cultural Environment.
(a) Outer environment, and
Kurt Lewin: According to Kurt Lewin, environment is of
(b) Inner environment, three types which influence the personality of an
individual as under:
Marshall Jones: He has spoken of three kinds of
environment: (a) Physical Environment,
(b) Social and Cultural Environment, and
(a) Physical Environment,
(c) Psychological Environment. These may be explained
(b) Social Environment, and as under:
1. Physical Environment
Physical environment, refers to geographical climate and
weather or physical conditions wherein and individual
lives. The human races are greatly influenced by the
climate. Some examples are as under: (a) In the cold
countries i.e. European countries the people are of white
colour. Likewise, in Asian and African countries, that is,
in hot countries people are of dark complexion. (b) The
physique of an individual depends on climate conditions
as the individual tries to adjust in his physical
environment. (d) The human working efficiency also
depends on the climatic conditions.
2. Social Environment
Social Environment includes an individual’s social,
economic and political condition wherein he lives. The
moral, cultural and emotional forces influence the life and
nature of individual behaviour. Society may be classified
into two categories as under: (i) An open society is very
conductive for the individual developement. (ii) A closed
society is not very conductive for the developenment.
3. Psychological Environment Although physical and
social environment are common to the individual in a
specific situation. Yet every individual has his own
psychological environment, in which he lives. Kurt Lewin
has used the term ‘life space’ for explaining psychological
environment. The Psychological environment enables us
to understand the personality of an individual. Boththe
person and his goal form psychological environment. If a
person is unable to overcome the barriers, he can either get
frustrated or completed to change his goal for a new
psychological environment. But adopting this mechanism,
the individual is helped in his adjustment to the
environment.
For our purpose of study in this level, we divide
environment in the following two types of environment
namely:
(i) Geographic or Natural Environment, and
(ii) Man-made or Artificial Environment.
(i) Geographical Environment:
This can be called ‘natural environment’ for it consists of
things that are provided by nature, this can also be called
‘physical environment’ for it includes the physical
conditions of life. The geographic or physical conditions
exist independently of man’s existence. Man has limited
and sometimes no control over them.
This environment includes; the surface of the earth, natural
resources, land and water, mountains and plains, fertile
lands and deserts, oceans, storms and cyclones, weather
and climatic factors, seasons, etc. It also includes
biological conditions such as plants, animals with all their
complexities.
(ii) Man-made or artificial Environment.
In order to control the conditions of his life man has
created a new environment which can be called ‘man-
made environment’ and some have called it ‘social-
cultural environment’. It can be subdivided into two types:
(a) outer environment, and (b) inner environment.
ii. (a) The Outer Environment:
Man, through the introduction of science and technology
has tried to modify the conditions of physical
environment. It can be understood as ‘outer environment’.
We, what we are today, are because of the modifications
of physical environment introduced by man’s technology
and law.
It includes our houses and cities, our means of transport
and communication, our comforts and conveniences. It
also includes the vast, systems of industry and machinery
created by man. It covers, in brief, the whole apparatus of
our civilization. Some anthropologists have called this part
of socio-cultural environment, ‘material culture’.
ii. (b) The Inner Environment:
The inner environment is the society itself. It is the social
environment and endures only so long as the society
endures. It consists of the organizations and regulations,
the traditions and institutions. It includes the folkways and
mores and customs which every human group provides for
man.
This environment is also known as ‘social heritage’, and
sometimes referred to as the order of ‘non-material
culture’. The social heritage is the necessary condition for
human social life to arise and to continue. It has a
profound influence on man’s life.
The so-called ‘artificial environment’ which refers to the
modified form of physical environment and the economic
environment, which refers to all the things of human
creation that have great economic value—can be
understood as nothing but two aspects of the man-made
environment.
In should be noted that man cannot separate the outer
environment as one order of the things from the social
environment. The outer and the inner environments are
blended. For example, the land which we bring under
cultivation is more than a land; it is a form of property. It
is often worshipped also, as the Hindus do.
The houses are also homes that represent the institution of
family. Thus the various factors of the total environment
(the physical, the inner and the outer) are merged together
in our experience.
In sum, the environment can be categorized as built,
natural and social environments. Both the natural and built
environments form what is known as the physical
environment. Built environment refers to all the human-
made structures that are part of the surroundings and
provides the setting for people to carry out their activities.
A built environment is defined by places and spaces
created or altered by people such as buildings, green
spaces and parks, and infrastructure. Natural environment
encompasses all the living and non-living things that occur
naturally on earth. Often, it is replaced by the word habitat
to mean the same. It has several components that include
the lithosphere, hydrosphere, atmosphere and biosphere.
Assignment: sep (7)
Discuss about the Types of Environment.
Answer: There are two types of environment:
1. Natural Environment:
Natural Environment consist natural resources of all types.
They are water resources, water shed, wet land, biotic
components like plants, animals, living community
including producers, consumers- primary, secondary,
tertiary, decomposers – Bacteria , Fungi and abiotic
components like air, water, land, sunlight, soil etc. There
are two types of Components of Environment which are
Biotic and Abiotic components.
The natural environment encompasses all the living and
non-living things occurring naturally, meaning in this case
not artificial. The term is most often applied to the
Earth or some parts of Earth. This environment
encompasses the interaction of all living species, climate,
weather and natural resources that affect human survival
and economic activity. The concept of the natural
environment can be distinguished as components:
-Complete ecological units that function as natural systems
without massive civilized human intervention, including
all vegetation, microorganisms, soil, rocks, atmosphere
and natural phenomena that occur within their boundaries
and their nature.
-Universal natural resources and physical phenomena that
lack clear-cut boundaries, such as air, water, and climate,
as well as energy,radiation, electric charge, and
magnetism, not originating from civilized human actions.
2. Built Environment
In contrast to the natural environment is the built
environment. In such areas where humans have
fundamentally transformed landscapes such as urban
settings and agricultural land conservation, the natural
environment is greatly modified into a simplified human
environment. Even acts which seem less extreme, such as
building a mud hut or a photovoltaic system in the desert,
the modified environment becomes an artificial one.
Though many animals build things to provide a better
environment for themselves, they are not human, hence
beaver dams, and the works of mound- building termites,
are thought of as natural.
People seldom find absolutely natural environments on
Earth, and naturalness usually varies in a continuum, from
100% natural in one extreme to 0% natural in the other.
More precisely, we can consider the different aspects or
components of an environment, and see that their degree
of naturalness is not uniform. If, for instance, in an
agricultural field, the mineralogic composition and
the structure of its soil are similar to those of an
undisturbed forest soil, but the structure is quite different.
Natural environment is often used as a synonym for
habitat, for instance, when we say that the natural
environment of giraffes is the savanna.
[See APPENDIX – E for Types of environmental systems]
1.3 National, Regional and Global Environmental
Problems and issues: Climate Change
1. 3. a. Concept on weather and climate:
While talking about "climate change", we need to have
clear concept on weather, cloud and climate. The
atmospheric condition like temperature, cloud, rainfall,
wind etc. of a particular place in a certain time is known as
weather.
The condition like temperature, rainfall, wind, its direction
and speed, clouds, humidity etc. determines what will be
the day like in a local area. The weather of a place is
changing constantly. Sometimes we might have
experienced that when there is bright sunshine in a place,
it is suddenly covered with clouds and starts raining. There
can be seen bright sunshine just after a be declared as
rainy day, sunny day, hot day, humid day, cloudy day, fair
day, cold day etc.
The current of cold air flows from above the see to fill up
the space on land is called sea breeze. During the day, the
sun heats the land surfaces only to a certain depth. The
land gets heated faster than the water in the ocean. Warm
air above the land becomes lighter and rises up. But the
cool air is heavier that is denser and sink.
The wind that blows from the land to the ocean is called
land breeze. During the night, land cools down much
quicker than the water of the ocean. The hot air from the
ocean rises up as a result of the current of cold water
blows from land to the ocean. Thus, because of the land
and see breeze, the temperature in the coastal region does
not have large range of difference. The following
instruments helps to measure the weather:
1. Maximum and minimum thermometer: tells the
maximum and minimum temperature of a place in a given
period of time (24 hours). This is u- shaped tubes one arm
of tube shows maximum temperature and another arm
shows the minimum temperature. The ends of the
thermometer is filled with alcohol and u part is filled with
mercury. The thermometer has to be set in every 24hours
to record the maximum and minimum temperature of the
day.
2. Barometer: measures atmospheric pressures. It is the
chief tool of weather forecast. It can also be used as an
Altimeter. There is decrease in the atmospheric pressure
with the increase in the altitude. There are two types of
barometer: mercury and aneroid.
3. Hygrometer: It is a kind of thermometer used to
measure the relative humidity of air. It consists of a set of
two thermometers mounted on the same frame. One of
them is called dry bulb thermometer and anther is called
wet bulb thermometer. The dry one is kept free in the air
whereas the wet is wrapped with cotton wig which has to
be dipped in water in a small container that fits in it. In
order to measure the relative humidity, the reading of dry
and wet bulb thermometer is taken. The differences in the
temperature of the thermometer shows the humidity which
can be measured from the standard chart provided along
with the thermometer. There is increase in the humidity
with the decrease in the temperature and vice versa. The
humidity of air is higher in rainy season.
4. Anemometer: The device which is used to measure of
speed and direction of wind is called anemometer. The
number of revolution of the cup shaped structures on the
top revolves about the vertical rod when the wind blows
and strikes on it. The number of revolution in a unique
time gives the speed of the air. The speed of wind is
expressed in kilometer per hour or mile per hour. The
structure beneath the cup helped arrangement also helps
the direction in which the wind is blowing.
5. Rain Gauze: It is used for measuring the amount of
rain over a specified period of time. Generally, rainfall is
measured for a day (24 hours). It consists of a cylindrical
vessels with a jar and a funnel fitted together in order to
measure the amount of rainfall. The Gauze is kept on the
open space. When there is rainfall, water collects through
the funnel into the jar. The depth of water collected in the
jar gives the measurement of rainfall.
Weather can be forecasted nowadays. The weather is
predicted by collecting and analyzing the information from
the weather measuring tools like thermometer, barometer,
hygrometer and anemometer and rain gauze. In our
country too, such measuring tools are installed in different
parts of the country.
They accumulate data obtained on different weather
centers and find out what short of changes are occurring in
the condition of the sky. On the basis of this,
meteorologist forecast the weather. Nowadays, forecasting
of weather is done by observing the satellite picture if the
earth from high above the sky.
Factors that affect the weather
1. Tempreature
The degree of hotness or coldness of any place or body is
called temperature. The other factors of weather also rely
on this factor. Air flows occurs on atmosphere because of
temperature. When the earth receives heat from the sun
which is absorbed by the air and the surface of the earth.
As the air is heated up, it becomes lighter as a result, the
hot air raises above and help to create the space partially
vacuum. It is because the cold air flows from one place to
another place to fill that vacant space which help to
determine the weather of that area.
Weather is the state of the atmosphere at a particular place
and time with regards to heat, cloudiness, sunshine,
dryness, wind, rain etc. in a short interval of times.
2. Cloud:
The cloud is the visible mass of condensed water vapor
floating in the atmosphere, typically high above the
general level of ground. Cloudiness of a day also causes
the change in the temperature of a surroundings.
The water of oceans, lakes, ponds, streams, rivers etc. gets 1. 3. b Concept on climate
heated up due to sunlight as a result it raises up in the form
Climate is the weather conditions prevailing in an area
of water vapour which clings to dust and other numerous
over a long period of time. Indeed, climate is the
particles of the atmosphere. When it goes up, it is cooled
aggregation of weathers of different places over the long
and the cold air cannot hold water vapour as that of warm
periods of times. No doubt, climate plays a significant role
air. Therefore, it condenses onto small tiny pieces of dust
in determining the natural environment.
and forms a droplet around the dust particles. When these
droplets come together, larger droplets are formed. The Generally, environmental problems are global due to their
collection of such numerous droplets forms a cloud. Cloud nature and structure, because the implication of a degraded
are of following types: environment are complex and cannot be confined within a
certain location alone. Some largest problems now
i. Cirrus (6 - 8 km. above, thin with white feathery
affecting the world are:
appearance, like ice-crystals, predict fair and pleasant
weather, can bring light rain with hailstones) Acid rain, air pollution, global warming, hazardous
wastes, ozone depilation, smog, water pollution,
ii. Cumulus (2 - 6 km above sky, white puffy clouds, like a
overpopulation and rain forest destruction etc.
floating cotton or wools, fair weather clouds, top is like
cauliflower, blocks sunlight, casts dark shadow, can cause 1. 3. c Environmental Problems
lightening, thunderstorm and heavy rainfall)
Environmental Problems are studied under following
iii. Stratus (1.6 km. above the earth’s surface, low level headings:
clouds characterized by horizontal layering with a uniform
A. Environmental Problems From the View Point of
base, white grey in appearance, spread across whole sky,
Nature:
look like fog early morning and evening before wind
blowing) Some problems are local, and others are national, sub-
regional, regional, and global. The introduction has been
iv. Nimbus (2 km above, dark brown and thick cloud, no
presented here.
fixed shape, contains maximum water vapour on the lower
i. Local problems 3. List 50 local environmental problems that you have
experienced and explain the role and initiatives taken by
Pollution, Waste Disposal, Water Scarcity, Endangered
local government to mitigate those environmental
Species etc.
problems.
ii. National problems
4. List 30 national environmental problem that you have
Deforestation, Pollution, waste disposal, water scarcity seen in your country.
etc.
5. List 15 global environmental problems that you have
iii. Sub-regional problems seen in your own words.
Deforestation, Pollution, Desertification etc.
iv. Regional problems
B. From the view point of structure:
Deforestation, Pollution, Desertification etc.
They are economic, ecological, health,
v. Global problems
cultural problems. All nation of the world are
May be some common regional and global environmental:
Global Warming, Ocean acidification, Pollution, Acid
facing various types of environmental
rain, Ozone depletion etc. problems.
Assignment – ok (8) i. Economic problems:
1. List 20 regional (SAARC) environmental problems that . Nature- haves (rich) vs. have nots
you have seen in your own words.
(poor)
2. List 25 sub-regional (in south Asian countries)
environmental problems in your own words. . Effect - class struggle
ii. Ecological problems:
Nature: ecosystem vs. exploitation
Effect: land sides, acid rain, diseases
iii. Health problems:
Nature: natural life vs. cosmetic life
Effect: skin diseases, virus attack (corona)
iv. Cultural problems:
Nature: cultural heritages vs. crime &
war, Political aspects
Effect: loss of ancient properties
C. From the view point of law:
There are several global environment
problems on the eye of the law. Among these,
following are taken as major environmental
problems:
1. Climate Change -CC
2. Global Warming -GW
3. Depletion of Ozone Layer -DOL
4. Acid Rain -AR
5. Green House Effects - GHE
6. Nuclear Winter - NW
7. Atmospheric Pollution - AP
8. Degradation of Existing Natural
Resources – DENR
8. i. Loss of Biological Diversity – LBD
8. ii. Disappearance of Species – DS
8. iii. Depletion of Cultural Heritage –
(DCH)
The above mentioned points are the major
environmental problems.
But, Climate change has been considered as
the topmost global environmental problem at
present time.It has been taken as a measure
issue of present era. We discuss about it as
below.
1. 3. d. Climate change
A. Introduction
The study of atmospheric conditions like
temperature, rainfall, air pressure etc. over a
large area in a long period of time is known
as climate. The climate is a generalized form
of weather.
Weather changes from time to time. But the
climate remains the same for a long periods
of time, there can be seen a very little change
in a climate over a long period of time in a
normal situation. Due to uncontrolled human
activities, the climatic conditions of a place
changes very fast with the fluctuation in the
atmospheric conditions like temperature,
rainfall, air pressure, etc. The disturbance in
the normal pattern of climate is simply
known as climate change. The climate
change is the negative effects of global
warming on rainfall, wind, temperature and
environment.
B. The examples of climate change:
i. The fluctuation in temperature on the earth
and
ii. The irregularity in rainfall patterns are
the examples of the climate changes
C. Causes of climate change
The fluctuation in atmospheric conditions is
due to the following two reasons as a result
climate change is occurred:
i. Green House Effect (GHE)
The atmosphere is getting denser due to
deforestation and more use of fossils fuels.
The greenhouse gases like carbon dioxide,
methane, sulphur dioxide, chloroflurocarbon
etc. have been increased. This has formed a
thick layer in the atmosphere. Similarly, the
use of coal, natural gases, petroleum,
firewood etc. has been increasing. Besides,
the gases emitted from science lab, industries
has also thicken the layer of the atmosphere.
The effects due to this process is known as
greenhouse effect.
ii. Global warming (GW)
The earth reflects the rays of the sun back to
atmosphere after it absorbs little heat. Due to
the presence of greenhouse gases in the
atmosphere, the rays of the sun return to the
earth again. This increases temperature on
the earth. This process is called the global
warming.
Climate is a long term change in the
statistical distribution of weather patterns
over a period of time that range from
decades to millions of years. It may be a
change in the average weather conditions or
a change in the distribution of weather
events with respect to an average, for
example, greater or fewer extreme weather
events. Climate change may be limited to
specific region or may occur across the
whole earth. The United Nations Framework
Convention on climate Change (UNFCCC)
1992 defines the phrase ‘climate change’ as
“a change activity that alters the
composition of the global atmosphere and
which is in addition to natural climate
variability observed over comparable time
periods."
D. Effects of Climate Change
The climate change has adverse effect on the
whole earth. It has become a serious global
issue in these days. Nepal has also been
affected by climate change, global warming,
fluctuation in rainfall, increase in diseases,
loss of the beauty of the nature, etc. have
increased.
According to a report, annual average
temperature of Nepal had been increased by
0.6 % in the period of 30 years from 1970-
2000 A.D.
There is disturbance in the balance of the
rainfall. Some areas received more rainfall
whereas other remains to dry. Many species
of plants have been extinct and some others
are in the verse of extinction.
The heart touching effects that are directly
experienced by human are as follows:
i. There was heavy rainfall in Mustang
district unexpectedly in 1998 AD. This had
badly damaged the muddy roofs of the people
there.
ii. Outburst of glacial lake has been taking
place.
iii. There was an ice slide in Machhapuchhre
area on 13th Baisakh 2069 B.S. which flooded
Seti River in Kaski district of Nepal. Many
people and household animals were killed.
The houses and many properties were
damaged. The beautiful mountain turns into
ugly ridges due to over-melting of icecaps.
iv. Rise in the sea level and the low-lying
areas. The countries such as the Maldives
are at the risk of drowning.
v. Untimely flooding and loss of properties
have been seen owing to the outburst of
glacial lakes of mountainous regions.
vi. Soil erosion and landslide also take place.
vii. The perennial rivers with glacier are
drying up because of source disturbance.
viii. The snow in the Himalayas and arctic
region has started melting and the level of
sea increases.
ix. The biodiversity of the earth is also badly
affected.
x. The nature of flora and fauna changes as
their flower start blooming before or after
time.
xi. Birds hatch eggs before the hatching time.
xii. The natural time of bird’s migration
changes.
xiii. Many new communicable and viral
diseases have been seen. Corona, different
flues are the result of climate changes.
E. Ways to minimize the effects of climate
change
The problem of climate change should be
solved with joint efforts of all the people of
the world. The following measures are useful
to adopt on solving the problem of climate
change:
i. Use of solar power and electricity should
be increased to minimize the production of
greenhouse gases.
ii. Use of coal, firewood, petroleum should
be reduced and alternative sources of
energies should be sought and adopted.
iii. Unplanned style of modern urbanization
and industrializatin should be discouraged.
iv.Various programs to raise public
awareness should be launched.
v. People should have collective commitment
to minimizing the global warming and
reduction of greenhouse effects.
F. Efforts towards the minimizing of climate
change
The climate change has threatened the
world. In order to minimize the effects of
climate change, there should be the
collective efforts with the proper initiations
and efforts from all side. Some efforts are
noteworthy:
1. The council of ministers of Nepal had a
meeting at Kalapathar in 2009 AD (Madhav
Numar Nepal - PM).
2. The council of ministers of Maldives had
their meeting under the ocean in the same
year.
3. These meetings were conducted to appeal
the world to protect the world from the
climate change.
4. UN conference at Mexico regarding
climate change had established “Green
Climate Fund” in 2010 AD. It decided to
raise fund of 100 billion US dollars a year by
2020 AD. This fund is to help the poor
developing countries for minimizing the
effects of climate change.
5. To support the natural environment, whole
world has emphasized on eco-friendly
sustainable development which could fulfill - falling ground water tables,
the present need without deteriorating future -water pollution,
natural life of our coming generations.
- waste disposal,
Assignment- Naux (9)
-desertification,
1. Define climate change and explain the effects of
climate change in your own words and also mention some -endangered species,
mitigational measures to control it.
-preservation and quality of forest,
Discuss Local, Regional and Global Environmental
Issues in your own languages. -biodiversity loss,
→In past decades, human activities have -land/soil degradation,
raised serious issues related to environment
-Global Climate change,
and its protection. Current environment
problem that make us vulnerable to disasters -land pollution,
and tragedies now and in the future. Some -environmental degradation,
noted problems are:
-Global Warming,
-Air pollution,
-Greenhouse effect,
-poor management of its waste,
-Acidification,
- growing water scarcity,
-Ozone depletion and
-other local, regional and global level
environmental problems and
-genetically modified foods.
What is Environment? The word
environment refers to all ecological units
which are naturally present on earth in the
form of land, water, air, soil, forest, sunlight,
minerals, living organisms etc. This earth is
full of natural surroundings, some are biotic
and some are non- biotic. Biotic element are
those elements like human, birds, animals,
plants, and microorganisms. Whereas non-
biotic elements are those which have no life
like air, sunlight, water, land, soil, minerals
etc. Atmosphere has been divided among
four different spheres viz. biospheres,
lithosphere, atmosphere and hydrosphere. In
which hydrosphere is the largest part on the
earth among all life on earth has become
possible due to some kind of action and
reactions between different kinds of
resources that are present in environment.
Currently, the situation of environment is
very poor that could never be imagine by our
ancestor in previous time. We have endlessly
spoil our environment by using its resources
in very wrong way. We can see that every
day and everywhere pollution is rapidly
increasing on earth where it is air, land,
water or soil pollution, deforestation, acid
rain, and other dangerous disasters created
by the human beings through technological
advancement. Use of natural resources
should be carefully planned and executed.
For providing a better and healthy life to our
forth coming generation.
The main Environmental issues are as
follows:
An environmental problem occurs when
there comes a change in quality or the
quantity of the environmental factor that
directly or indirectly affect everything on
earth. “Environmental issues are defined as
problems with the planet's system (air, water,
soil etc.) that have developed as a result of
human interference or mistreatment of the
planet.” A variety of environmental problems
now affect our entire world.
As globalization continues and the earth's
natural processes transform local problems
into international issues.
Some largest problems now affecting the
world are:
acid rain,
air pollution,
global warming,
hazardous wastes,
ozone depilation,
smog,
water pollution,
overpopulation and
rain forest destruction.
Environmental issues are not related only
environment but with everyone that live in
the planet. It effects every human, animal,
and nation on this planet. Human have faced
poor environmental conditions throughout
history, but what we think of as
environmental problems become more
common and apparent with industrialization
and urbanization. In the United State by the
1960s become recognized as significant
problems. Air and water pollution from the
factories and dense urban living conditions
attracted growing attention throughout the attention worldwide. Environmentalist, a
last centuries, and Concern over air and social and environmental movement
water pollution rapidly spread to a range of addresses environmental issues through
other conditions- soil erosion, pesticides advocacy, education and activism.
contamination, deforestation, declining The environmental issues can occurs at three
animal population and species and so on levels local, regional and global.
through the efforts of environmental scientist,
activists, and policy-makers. These diverse Local environmental issues-
concerns gradually merged into Some major local environmental issues are
environmental problems, and the 1970 Earth given below:
Day in United States and then the 1972
1. Pollution
United Nation Conference on the Human
Environment in Stockholm helped turn 2. Waste Disposal
“Environmental Quality” into a major 3. Desertification
international issue. By the time of the United
4. Water Scarcity
Nation Conference on Environment and
Development in Rio De Janeiro in 1992, 5. Endangered Species
significant “Green Parties” had been formed 1. Pollution
in Europe and environmental problems were
the subject of citizen and governmental
Pollution can be defined as an undesirable
addition of constituents to water, land, or air
which adversely affect human life, species,
living conditions and will deteriorate our
resources. Pollution can be classified mainly
into four categories- air pollution, water
pollution, soil pollution, noise pollution. The
pollution is occurs at the local and also
global level. Airpollution: Air pollution is
refers to any physical, chemical and
biological change in the air. It is the
contamination of air by harmful gases, dust
and smoke which affect the plant, animals,
and human drastically. There is a certain
percentage of gases present in the
atmosphere. Major air pollutants their
sources and their impact: § Carbon
monoxide (CO): its main source is fuel
combination from engines and vehicles. It
reduces the amount of oxygen, aggravate
heart disease, chest pain. § Lead (Pb): it
release from metal refineries and other metal
industries, waste incinerators. It impacts on
our nervous system, result in IQ loss,
cardiovascular and renal effects in adult,
effects related to anemia. § Nitrogen oxide: it
release in environment due to fuel
combustion, wood burning. It's mainly
impact our lung, lung diseases leading to
respiratory symptoms increases susceptibility
to respiratory infection. § Sulphur dioxide
(SO ): it release due to fuel combustion as
well as natural occurrences like volcanoes. It
causes asthma and 2 breathing difficulty.
Airpollution control: The techniques
employed to reduce or eliminate the emission
into the atmosphere of substances that can
harm the environment or human health.
Different types of method use for the air
pollution control – Control of particulates-
airborne particles can be removed form a
polluted airstream by a variety of physical
process. Some common types of equipment
for collecting fine particulates includes
cyclones, scrubbers, electrostatic
precipitators, and baghouse filters. Once
collected, particulates adhere to each other,
forming agglomerates that can readily be
removed form equipment and disposed of,
usually in landfill. Control of gases- gaseous
criteria pollutants, as well as volatile
organic compounds (VOCs) and other
gaseous air toxics, are controlled by means
of three basic techniques: absorption,
adsorption and incineration. These
techniques can be employed singly or in
combination. They are effective against the
major greenhouse gases as well. In addition,
a fourth technique, known as carbon
sequestration, is in development as a mean of
controlling carbon dioxide levels. b)
Waterpollution Water pollution is the
contamination of pollutants in water bodies
like lakes, rivers, oceans, aquifers and
groundwater without treatment very often by
human activities which leads to harmful
effects.
Source of waterpollution: Natural
sources:these includes decay, the
composition of plants and animals, volcanic
eruptions, coastal, cliff erosion, landslides
and soil erosion. Anthropogenic sources:this
include industry, urban, agricultural and
cultural sources. Effect of waterpollution: §
Death of aquatic animals. § Irrigation by
polluted water affect plants resulting in
yellowish coloration and defoliation. §
Diseases- hepatitis, cholera, typhoid,
jaundice, diarrhea and skin diseases. §
Disruption of food chains. Destruction of
ecosystems. Control measure of water
pollution:water pollution, to a larger extent,
can be controlled by a variety of methods.
Rather than releasing sewage waste in water
bodies, it is better to treat them before
discharge. Practicing this can reduce the
initial toxicity and the remaining substances
can be degraded by the water bodies itself. If
the secondary treatment of water has been
carried out, than this can be reused in
sanitary systems and agricultural fields.
Some chemical methods that helpin the
control of water pollution are precipitation,
the ion exchange process, reverse osmosis
and coagulation. As an individual, reusing,
reducing, and recycling wherever possible
will advance a long way in overcoming the
effects of water pollution.
2. Waste Disposal
Waste disposal, the collection, processing,
and recycling or deposition of waste material
of human society. Waste is classified by
source and composition. Waste materials are
either liquid or products that require
appropriate disposal to limit their harm to
the environment. The term waste is typically
applied to solid waste, sewage, hazardous
waste, and electronic waste. Sources of
waste: · Medical solid in form, and their
components may be either hazardous or inert
in their effects on health and environment.
We used plastic bag, broken glass, obsolete
cell phone, or used battery cells, they are all
used or clinical sources of wastes- this
includes the surgical items, pharmaceuticals,
blood, body parts, would dressing materials,
needles, syringes. · Agricultural sources of
wastes- waste generated by agricultural
activities, including horticulture, livestock
breeding, market gardens and seedling
nurseries are called agricultural wastes. ·
Industrial sources of wastes- these are the
wastes released from manufacturing and
processing industries like chemical plants,
cement factories, power plants, textile
industries, petroleum industries. · Wastes
from construction or demolition- concrete
debris, wood, huge package boxes. Some
other sources such as Commercial sources,
mining sources, radioactive sources,
electronic sources are also the big sources of
waste pollution. Waste disposal problems: ·
Production of too much waste- one of the
major problem related to disposal is attribute
to the generation of too much waste. Mumbai
and Delhi generate about 11,000 and 8,700
tones of solid waste per day, respectively.
India is getting buried under mounds of
garbage as the country has been generated
more than 1.50 lakh metric tone of solid
waste every day. Worse approximately 90
per cent of the total amount is collected
waste. · Most of the waste is toxic and
harmful for the human beings and the
environment-the majority of the state and
local authority legislations are generally lax
on regulating the even expending
manufacturing industries produce toxic
products that end up getting thrown away
after use. Most of the products contain
hazardous and health threatening chemicals.
This chemicals causes majority of water
pollution, soil pollution. · Landfill are a
problem as well- most landfills lack proper
on site waste management there by
contributing to additional threats to the
environment. In long term, landfills leak and
pollute ground water and other neighboring
environment habitat making waste disposal
very difficult. They also give off potentially
unsafe gases. · Reliance of dying
technologies to reduce and recycling waste-
waste disposal and management facilities as
well as state 236 resources have continued to
rely on myopic and quickie solutions instead
of developing effective recycling and waste
reduction programs. Solution to Waste
Disposal: · Eco responsibility –“reduce,
reuse, recycle”- Eco-responsibility pertains
to the three Rs mantra of reuse, reduce and
recycle. Local communities authorities and
state need to put more efforts towards the
education of waste management. · Effective
waste disposal and management- it ensures
there is gradual improvement of new and
cost- effective facilities which aim to
encourage higher environmental protection
standards. An effective management strategy
will also see to it that landfills are
purposefully located to ease waste collection,
transfer, and monitoring or recycling. ·
Control and monitoring of land filling and
fly-tipping activities- thousand of tones of
construction and demolition materials are
generated by various local construction
industries. In most of case, a large portion of
these waste materials can be re used,
reclaimed or recycled. With the control and
monitoring of land filling and fly- tipping
activities in the area of public work,
constructions and demolition materials an be
resourcefully reclaimed, reused or recycled
in other projects such as landscaping, village
houses, recreation facilities or car parks, or
roads. · Waste diversion plans- A
multifaceted approach on waste transfer and
diversion in terms of more hygienic and
efficient waste disposal management can
offer tremendous solution to waste problems.
· Improvement of thermal waste treatment-
thermal waste treatment have been proved
not to be 100% green as they are normally
pronounced. Therefore, to mitigate the
problems that come with thermal waste
treatments issues such as emission of toxic
gases with organic compounds such as
furans, PAHs, and dioxins: states and
researches as well as green groups and
academicians can explore the possible
developments with regards to advanced
thermal waste treatment techniques.
3. Desertification –
Desertification is a type of land degradation
in dry lands in which biological productivity
is lost due to natural processes or induced by
human activities where by fertile areas
become increasingly more arid. It is the
spread of arid areas caused by a variety of
factors, such as through climate change and
through the overexploitation of soil through
human activity. Various causes of
desertification- · Overgrazing – if there are
too much animals that that are overgrazing
in certain spots it makes it difficult for the
plant grow back, which hunts the biome and
make it loss its former green glory. ·
Deforestation- wood extraction, and
infrastructure expansion such as road
building and urbanization, then it
contributing to problems related to
desertification. Without the tree rest of the
biome cannot thrive. · Farming practice-
some farmers do not know how to use the
land effectively. They may essentially strips
the land of everything that it has before
moving the another plot of land. By stripping
the soil of its nutrients, desertification
becomes more of a reality for the area that is
being used for the farming. · Excessive use of
fertilizers and pesticides- the use of excessive
amount of fertilizer and pesticides to
maximize to their crop yields in the short
term often lead to significant damages for the
soil. In the long run, this may turn from
arable into arid land over time and not
suitable for the farming. · Overdrafting of
groundwater- over drafting is a process in
which groundwater ids extracted in excess of
the equilibrium yield of the aquifer that is
pumping or the excessive pulling up of
groundwater from underground aquifers. Its
depletion causes desertification. · Climate
change- climate change play a huge role in
desertification. As the days get warmer and
periods of drought become more frequent,
desertification becomes more and more
eminent. Unless climate change is slowed
down, huge areas of land will become desert.
· There are also some reason such as natural
disasters, soil pollution, overpopulation and
excessive consumptions, mining etc. causes
desertification. Effects of desertification- ·
Farming become next to impossible-an area
become desert than it's impossible to grow
sustainable crops there without special
technologies. This can cost a lot of money to
try and do, so many farmer will have to sell
their desert land. Hunger is 237 also a
problem, without farms in this area the food
that this farm produce will become much
scarcer, and people try and deal with hunger
problems. · Flooding- without life in an area,
flooding is a lot more imminent. Not all
desert are dry; those that are wet could
experience a lot of flooding because there is
nothing to stop the water from gathering and
going all over the place. · Biodiversity loss,
endangerment and extinction of species- the
destruction of habitats and desertification
may also contribute to a loss of biodiversity.
Many species will not to able adjust to the
altered environmental conditions and may
suffer from serious decline in population. ·
Migration- when large areas of land that are
currently used for farming will no longer be
suitable for farming due to water triggered
by global warming. This results in serious
migration movements. Solution to
desertification: · Policy changes related to
how people can farm-policy change related
to how much they can farm and how much
they can farm on a certain areas could be put
into place to help reduce the problems that
are often associated with farming and
desertification. · Education- in developing
countries, education is an incredibly
important tool that needs to be utilized in
order to help people to understand the best
way to use the land that they are farming on.
By educating them on sustainable practices,
more land will be save from becoming desert.
Sustainable practice to prevent
desertification from happening. · Technology
advances-research and application of the
latest technology that pushes the limit of
what we currently know about the drivers of
desertification. · Restricting mining practice-
mining often implies the destruction of large
area of land. Therefore it should be
regulated by governments to keep the nature
reserves intact and protect the natural
habitats of many animals and plants. Thus,
less land will arid and the desertification
issues can be mitigated to a certain extent. ·
Reforestation-the area that have been subject
to deforestation in past should be considered
for reforestation. Planting trees in those
areas are quite important since they are
natural carbon dioxide storage spaces; they
slow down the global warming and
contribute to maintaining a natural balance.
Therefore, planting trees in the affected
areas not only prevents desertification but
also fight against additional environmental
issues. 4. WaterScarcity Water scarcity
involves water crisis, water shortage, water
deficit or water stress. Water scarcity can be
due to physical water scarcity and economic
water scarcity. Physical water scarcity refers
to a situation where natural water resources
are unable to meet a region's demand while
economic water scarcity is a results of poor
water management resources. “Water
scarcity is the lack of sufficient available
water resources to meet the demands of
water usage within a region. It already 2.8
billion people around the world at least one
month out of every year. More than 1.2
billion people lack access to clean drinking
water.” Causes of water scarcity : · Overuse
of water-water overuse is a huge issue that a
lot of people are dealing with. It may be
overused on people, animals, land or many
other numbers of things. · Pollution of water-
water pollution can come from a variety of
sources. Pollution comes from oil, carcasses,
to chemicals, industrial wastes, and from
municipality waste makes a lot of issues for
people who may need to use it. · Global
warming- when our average air temperature
become warmer, water from rivers and lakes
evaporates faster, which may contribute to
drying up of water bodies. · Illegal dumping-
industries frequently dispose of their
industrial garbage into near by river and
lakes since it is an easy and cheap way to get
rid of this waste. It leads to serious water
pollution, which may result in several water
scarcity for their local people. · Natural
disasters- Natural disasters like tsunamis,
floods may also cause serve water shortages
for local population since important public
infrastructure may be destroyed. The serve
natural disaster may entirely collapse the
local water supply. · Drought- A drought is,
in short, an area especially hot and dry,
which is not getting enough rainfall to be
able to sustain the 238 life that is residing
there. Some areas are in a perpetual
drought, whereas other areas may be dealing
with a drought on occasion. Effects of water
scarcity: · Lack of access to drinking water-
the biggest problem that happens when you
have water scarcity is that people are not
able to get fresh, clean drinking water. ·
Hunger and poverty- if there is no water that
can be used to help water the crops, then you
are going hungry. People who are dealing
with water scarcity are often stuck in poverty
as well . · Diseases and sanitation issues- if
we don't have clean water access than we
will be more likely to get disease from the
water .we need water for several tasks of our
daily life, without having access to clean
water for drinking, cooking, washing or
bathing, it usually results in unhygienic
conditions for people and causes diseases
like diarrhoea, typhoid, cholera etc. ·
Destruction of habitats and loss of
biodiversity-water is crucial for all life forms
on our planet. If water scarcity persists over
a longer period, it lead to the destruction of
whole habitats. Animals and plants may no
longer be able to get enough water and may
therefore die or have to move to other
regions. Some animals become extinct they
no longer be able to grow and reproduce in a
sufficient manner causing serious
biodiversity loss. Solutions to control water
scarcity: · Save water wheneverpossible- this
could mean limiting the use of water, the use
of washing machines, taking shorts showers
instead of full baths. Even if you are no
vacation in countries where water is scare,
try to save water. You should also try to
convince your family and friends to save
water. · Recycle water- there are plenty of
technologies available that allow you to
recycle rainwater and other water that you
may used in your home. Not only does it help
to prevent scarcity, but it can save some
money as well. Advance technology use to
conserve water. · Improve practices related
to farming-farming and irrigation are often a
huge culprit when it comes to water scarcity.
Because of that, we need to improve
practices so that we don't use as much water
and those who are using water are using it to
fullest potential. · Less use of chemical in
farming- At present, excessive levels of
chemical fertilizers and pesticides are used
to maximize crop yields. It leads to serious
soil pollution, which in turn translates into
groundwater pollution and contributes to the
water scarcity issue. It is crucial that farmers
reduce the use of chemicals for farming to
ensure clean water and reduced water
shortage problem. · Improve sewage systems-
clean drinking water stars with a good
sewage system. Without proper sanitation,
the water in an area becomes ridden with
disease and any number of other problems.
By improving the sewage systems, we can
prevent water scarcity from becoming any
worse. · Better water distribution
infrastructure- many people worldwide,
especially in poor developing countries, are
still not connected to the public water
infrastructure. These people are at high risk
to suffer from severe water shortages. By
cone ting this people to the public water
supply, water scarcity risk could be greatly
reduced. · Education- by educating those
who are not dealing with it can get educated
on how they can prevent the problem from
becoming even worse in the future.
5. Endangered species
An endangered species can be define as
species that is very likely to be extinct in near
future. The number of endangered species
has dramatically risen over time. As of 2020,
there are 6,811 species that are considered
to be critically endangered. This is out of the
120,372 species currently tracked by the
IUCN. If the number of endangered species
is continuously increased we will loss many
species in the future. To prevent this,
governments and other institutions all over
the world try to save the endangered species
by measures by creating protected areas or
forbidding hunting. Classifications of
endangered species: a) Least concern-there
is no immediate threat to the survival of the
species. E.g. saltwater crocodile, olive
baboon, brown bear, cane toad, rock pigeon.
b) Near threatened- species in this category
might be threatened in the near future.
E.g. emperor goose, American bison, mane
wolf. c) Vulnerable- high risk of
endangerment in the medium run.
E.g.African leopard, carp, cheetah, golden
hamster, blue crane. d) Endangered- high
risk of extinction in the near future. E.g.
African penguin, Bengal tiger, blue whale,
giant otter, gray parrot. e) Critically
endangered- extremely high risk of extinction
in the very near future. E.g.Arabian leopard,
Asiatic cheetah, axolotl, black rhino. f)
Extinct in the wild- already extinct in their
natural environments, but there are some
individuals who live in a captive state. E.g.
Guam rail, Hawaiian crow, scimitar oryx,
Socorro dove, south china tiger. g) Extinct-
there is not a single living individual of this
species left on the planet. E.g.Blackfin cisco,
Caspian tiger, eastern cougar, dodo, great
auk, java tiger, toolache wallaby. Causes for
endangered species: · Destruction of
habitats- many animals and plants which
lived in untouched nature are now adversely
influences by human behavior since their
natural environments are altered or even
destroyed. Thus many animals and plants
have to took out for new homes or they will
be in danger of becoming extinct. · Hunting-
illegal hunting and poaching still is a big
problem and can cause the extinction of
whole species. since people are greedy and
often want to make as much money as
possible, theykill animals just to get their
precious parts like their ivory or fur. ·
Pollution- water pollution air pollution acid
rain and other kind of pollution can harm
many species in an extremely adverse way. If
they are not adopt to the higher levels of
pollution, they will be danger and die out. ·
Insufficient reproduction rate-some species
are quite eager to reproduce, others are just
lazy to do so. Especially for animals that
have a low reproduction rate, this cause big
problems since they may likely not be able to
sustain their species. · Disease- not only do
people suffer from epidemic diseases, also
animal can be adversely affected. Disease
like Ebola can cause thousands of deaths
among certain species like monkeys and
therefore diminish their numbers. · Degree of
specialization- highly specialized animals or
plants are more likely to become endangered
or extinct since they are not flexible at all in
their conditions. · Conflicts between wildlife
and humans- since our world population is
growing, we need more and more settlement
space in order to build houses and other
infrastructure. To gain this settlement space,
it is often necessary to cut down forests or
invade other habitats that are currently used
by animals. These animals will lose their
living space, which may force to move to
other areas. Effect of endangered species: ·
Biodiversity and chain reactions-since nature
is a big system in which species depend upon
each other and function as a whole, the
extinction of a small number of animals or
plants can cause chain reactions to the whole
ecosystem and thus have a big effect on the
environment. For example, if a species
Awhich eats another species B goes extinct,
the number of species B would increase
dramatically. Since species B will also eat
other species C, species C now be
endangered.This circle continues and will
often have profound effects on the ecosystem.
· Diseases- some animals can serve as
buffers between pathogens and humans.
Animals can thus lower the probability that
human get infected by certain diseases. Thus,
if species become extinct, this buffer is lost
and humans can be more likely hit by
diseases. · Decrease in crop yields-since
insect like bees play important role in the
crop growing process, losing this species
would be extremely harmful to the crop
yields of farmers and could also cause global
famine. · Loss of medical sources- many
components that are contained in drugs are
extracted from plants. If these plants become
endangered or even extinct, we will not be
able to use the plant ingredients for medical
purposes anymore. · Economic effects-animal
often are popular attraction for tourists.
Countries that can provide these animals can
often make 240 significant amounts of money
with touristic activities. However, if certain
animal species become extinct, these
countries will suffer from serve adverse
economic effects since tourists may not come
to their countries anymore after the animals
vanished. Solution to save endangered
species: · The endangered species act (ESA),
passed in 1973, was enacted to half the rapid
loss of plant and animal life. Frequently
referred to as the “crown jewel” of our
nation's environmental laws, the ESA has
been responsible for saving many species
formerly on the brink of extinction, including
the bald eagle, gray wolf and California sea
otter. · Learn about endangered species in
your area. Teach your friends and family
about the wonderful wildlife, animals plants.
First step to protecting endangered species is
learning about how interesting and
important they are. · Recycle and buy
sustainable products- buy recycle paper,
sustainable products like bamboo and Forest
Stewardship Council wood products to
protect forest species. Never purchase
products made from threatened or
endangered species. · Herbicides and
pesticides may keep yards looking nice but
they are in fact hazardous pollutants that
effect wildlife at many levels. · Harassing
wildlife is cruel and illegal shooing,
trapping, or forcing a threatened or
endangered animal into captivity is also
illegal and can lead to their extinction. Don't
participate in this activity.
Regional and Global environmental issues –
there some regional and global
environmental issues are given below:
1. Global Warming
2. Ocean acidification
3. Pollution
4. Acid rain
5. Ozone depletion
1. Global Warming
Global Warming is the unusually rapid
increase in earth's average temperature over
the past century primarily due to the
greenhouse gases released by people burning
fossil fuels. Global warming occurs when
carbon dioxide (CO2) and other air
pollutants and greenhouse gases collect in
the atmosphere and absorb sunlight and
solar radiation that have bounced off the
earth's surface. Normally, this radiation
would escape into space—but these
pollutants, which can last for years to
centuries in the atmosphere, trap the heat
and cause the planet to get hotter. That's
what's known as the greenhouse effect.
Causes Global Warming Causes of global
warming-The issues that cause global
warming are divided into two categories
include “natural” and “human influences”
of global warming. 241 Natural cause of
global warming- · The climate has
continuously changing for centuries. The
global warming happens because the natural
rotation of the sun that changes the intensity
of sunlight and moving closer to the earth. ·
Another cause of global warming is
greenhouse gases. Greenhouse gases are
carbon monoxide and sulphur dioxide it trap
the solar heats rays and prevent it from
escaping from the surface of the earth. This
has cause the temperature of the earth
increase. · Volcanic eruptions are another
issue that causes global warming. For
instance, a single volcanic eruption will
release amount of carbon dioxide and ash to
the atmosphere.. · Methane is another issue
that causes global warming. Methane is also
a greenhouse gas. Human activity influences
global warming: · First issue is industrial
revolution. Industrial have been using fossil
fuels for power machines. Everything that we
use is involved in fossil fuel. For example,
when we buy a mobile phone, the process of
making mobile phone have involve machines
and machines uses fossil fuels, during the
process carbon dioxide is releasing to the
atmosphere. Besides industrial,
transportation such as cars is also releasing
carbon dioxide from exhaust. · Another issue
is mining. During the process of mining, the
methane will trap below the earth. Besides,
rearing cattle will also cause methane
because cattle released the form of manure. ·
Next is the most common issue that is
deforestation. Deforestation is a human
influence because human have been cutting
down trees to produce papers, wood, build
houses or more Effect of global warming: ·
First effect is polar ice caps melting. As the
temperature increase, the ice at the North
Pole will melt. Once the ice melt the first
effect will be raise on sea levels because the
melting glaciers become oceans. According
to the National Snow and Ice Data Center “if
the ice melted today the seas would rise
about 230 feet”. It affects many low lying
areas such as the Netherlands. In future, the
Netherlands will be cover by water once the
North Pole is melted. However, it is not
going to happen so fast but the sea level will
continue rise. · Another effect is the species
loss of habitat. Species that include polar
bears and tropical frogs will be extinct due to
climate change. · Next effect is more
hurricanes will occur and economic
consequences still affect as well. Hurricane
causes damage to houses and government
need to spend billions of dollars in damage
and people need places to stay or have been
killed. Once a disaster happens many people
have died and diseases happen Solution to
Stop Global Warming: · However we human
and governments need to move forward to
implement the global warming solutions. To
reduce global warming we can do to reduce
the contribution of greenhouse gases to the
atmosphere. · To reduce gasoline mean we
have a choice to choose a hybrid car that
reduce using gasoline. Besides, petrol price
are increasing. If a person everyday drives to
work they need to pump petrol after 3 days
and causes carbon dioxide. Another way to
reduce gasoline is take public transport or
carpool to work. It can help reduce carbon
dioxide and save cost. · Another way to
reduce global warming is recycle. Recycle
can reduce garbage by reusing plastic bags,
bottles, papers or glass. For instance, when
we buy foods, we can use our own containers
instead of plastic bags. Besides, turn off
electricity if unused. It can save thousands of
carbon dioxide and buy product that have
energy saving because it saves cost and save
environment. · Finally, human should stop
open burning such as burning dry leafs or
burning garbage. It will release carbon
dioxide and toxic if burning garbage with
plastic. Besides, government should reduce
deforestation because the earth temperatures
are increasing. Trees will help to improve the
temperature on earth.
2. Ocean Acidification
Ocean acidification is the ongoing decrease
in the pH of the Earth's oceans, caused by
the uptake of carbon dioxide (CO2) 242 from
the atmosphere. Seawater is slightly basic
(meaning pH > 7), and ocean acidification
involves a shift towards pHneutral conditions
rather than a transition to acidic conditions
(pH < 7). Carbon dioxide released from the
burning of fossil fuels dissolves in seawater
and produces carbonic acid, and this lower
the pH of the ocean water finally lead to
ocean acidification. Ocean Acidification
Causes of Ocean Acidification: · The burning
of fossil fuels- Fuels such as petroleum,
diesel, and coal produce lots of carbon
dioxide when burnt. This increases the
concentration of carbon gas in the
atmosphere, which in turn finds a way into
the water. Increase in concentration of
carbon dioxide in the oceans, which causes
acidification of ocean. · Waste disposal-
Industrial revolution leading to an increase
in pollution. Due to increase in atmospheric
carbon dioxide concentration. Alongside
direct sewage waste disposal, there are other
wastes that increase the level of acidity in the
water. · Increase in the concentration of
hydrogen ion due to the chemical reaction-
at the sea beds, there are some chemical
reactions that may take place, and they can
have negative impacts on the quality of the
ocean water. Such reactions increase in
hydrogen ion concentration which combined
with other compounds such as nitrogen,
water, among other gases, and their
reactions lead to ocean water acidity. · Lack
of eco-friendly laws and regulations- the
harm induced in the atmosphere can spread
into the waters. This is when carbon dioxide
released into atmosphere through various
human activities. This in turn, contaminates
the water. Adecrease in carbonate ions
Effects of Ocean Acidification: · Loss of
coral reefs-Loss of marine plants as more
carbon dioxide is absorbed into the oceans, it
bonds to form carbonic acid. The acid then
produces hydrogen ion and bicarbonate ion
and the hydrogen ion bonds with free
carbonate ions in the ocean to form other
bicarbonate products.The problem with this
reaction is that marine organisms possessing
shells (corals, crustaceans, molluscs,
foraminifera's, and coralline algae) need the
carbonate ions to make calcium carbonate
shells and skeletons. · Disturbance in food
chain-Ocean acidification leads to the death
and disappearance of some plants and
animals in the sea. When some organisms
become extinct, their dependents are also
threatened because they have nothing to feed
on. · A decrease in local economy due to lack
of fish and other marine products- The
seawater supports life at its normal
conditions. Due to lowered or raised of pH
level various type of fish, mammals such as
whales, sharks and any many more are
affected. when fish die human who depend on
them or food and livelihood are hit by the
socio- economic problems. · Impact on
Human Health-Humans depend on water for
various purposes. When the ocean water
acidity gets higher, the consumers or the
users of such water are living in a perilous
situation. Diseases such as cancers can
easily be transmitted to humans when they
consume fish intoxicated with higher sulfur
concentrations. Solution to Ocean
Acidification: · Reducing the use of fossil
fuels- Carbon emitted from fossil fuels can be
reduced through the minimization of the use
of such fuels. Adopting the use of
alternative/renewable energy sources can be
the best available option. Diversification of
energy sources such as the use of solar and
wind as the alternative energy sources can
significantly pay off. Increasing the use of
ecofriendly fuels. 243 · Making strict
regulations- Human actions are best guarded
by the policies of the land. The first step
towards the fight against ocean acidification
can be commenced through the ratification of
legislation that can ensure that the waste
handling, among other pollution-risk
activities, is controlled. Such regulations
would spread to the fisheries department to
ensure that safety is maintained in food
consumption. · Spreading the awareness to
the masses and eating less meat- This is not
surprising at all. Raising livestock is a major
source of greenhouse gases. It is these
greenhouse gases that cause all the
problems. By reducing our meat
consumption, we would reduce the demand
for meat. This, in turn, would result in lesser
rearing and raising of livestock. · Use of
Alternative Water Sources-Because of the
need to ensure that there is safety, scepticism
may pay off. Such can be through the use of
alternative water sources such as the use of
boreholes, wells or tapped rainwater instead
of ocean water domestically. This can help in
minimizing possible ocean water pollution.
Promotion of environmentally friendly
initiatives. Use of geo- engineering.
3. Acid Rain
Acid rain, or acid deposition, is a broad term
that includes any form of precipitation with
acidic components, such as sulfuric or nitric
acid that fall to the ground from the
atmosphere in wet or dry forms. This can
include rain, snow, fog, hail or even dust that
is acidic. It can have harmful effects on
plants, aquatic animals, and infrastructure.
Acid rain is caused by emissions of sulfur
dioxide and nitrogen oxide, which react with
the water molecules in the atmosphere to
produce acids. Some governments have made
efforts since the 1970s to reduce the release
of sulfur dioxide and nitrogen oxide into the
atmosphere with positive results. Acid Rain
Process Causes of Acid Rain: · Although all
bodies of water have acid in it, but the
problem with acid rain is that too much
acidic chemical compounds such as sulfuric
and nitric acid, formed when Sulfur Dioxide
(SO2) and Nitrogen Oxide(NOx) come into
contact with water and oxygen in the
atmosphere, lower the normal PH of water. ·
Together with natural disasters such as
wildfires, lightning, and volcanic eruption,
which blasts pollutants into the air, rotting
vegetation and biological processes are
natural sources of acid rain forming gases. ·
However, human based sources such as
factories, power generations facilities, oil
refineries and automobiles are the primary
contributors to chemical gases. Electricity
generating power plants burn coal and other
fossil fuels which are the biggest contributors
to gaseous emissions. They are responsible
for about 60% of SO2 and 25% of NOx found
in the atmosphere. Moreover, the exhaust
from cars, trucks, and buses, especially in
urban regions with heavy traffic, and
factories in industrialized areas release high
scores of pollutant gaseous into the air. ·
These compound pollutants can be blown by
winds or carried in jet streams around the
world and turned into acid in presence of
water and Oxygen. This acid is capable of
reducing the normal pH of rain, which is 5.6,
to about 4.3. The lower the number of pH is,
the more acidic it is.
Effects of Acid Rain: · Essential nutrients in
soil such as calcium and magnesium, which
are essential for trees to survive, are
dissolved as a result of acid rain seepage
into the soil. In absence of these vital
nutrients, the trees and plants are less
healthy and more vulnerable to infections
and damage by cold weather and insects.
Acid rain also causes Aluminum release in
soil which makes it difficult for trees to take
up water. It inhibits trees' ability to grow and
reproduce. · Water bodies and aquatic
environment are the most affected by either
direct acid rainfall or flow of precipitations
into streams and lakes through forest, roads
and fields, which usually contains amount of
Aluminum leached from soil. · Most lakes
and streams have a pH level near 6.5, while
acid rain reduces this number to about 5 or
less and makes the water more acidic. At
lower pH levels, most fish eggs cannot hatch
and some adult fish even die. Increased
acidity and aluminum level in water surfaces
are toxic to aquatic wildlife and can also be
deadly. · Acid rain water is too dilute to
cause direct health problems for human.
However, infinitesimal acid particles like
nitrogen oxides (NOx) and sulfur dioxide
(SO2) known as gaseous particulates, when
inhaled cause serious respiratory diseases or
deteriorate them when inhaled. This includes
asthma and chronic bronchitis as well as an
increase in heart disease risk. · Not only are
living creatures affected, but acid rain
damages many objects. It leaves
irreplaceable damage on old heritage
buildings as well as weathering limestone
and marble buildings and monuments like
gravestones. It causes corrosion of metals,
like steel bridges, pipes, and even affects the
surface of vehicles as it peels the paint.
Solution to control Acid Rain: · Acid rain can
be stopped in several ways. As well as
governments' role in focusing on more
sustainable energy sources, such as solar,
wind and water energy, and putting
restrictions on the use of fossil fuels, we
people play a key role in reducing acid rain
emissions. · The biggest step to prevent acid
rain is to conserve energy. Simply shutting
off electrical appliance. Whenever you're not
using them is a good start. You can also help
reducing auto emissions by using public
transport or carpooling as well as riding
bikes or even walking to near destinations. ·
Power plants need to do their part as well.
Washing coal to remove some of the sulfur or
using coal comprised of low sulfur are some
actions they can do. They can also use
devices called scrubber. They are capable of
removing the sulfur dioxide from gases
leaving the smokestack. 4. Ozone
LayerDepletionOzone layer depletion is the
thinning of the ozone layer present in the
upper atmosphere. This happens when the
chlorine and bromine atoms in the
atmosphere come in contact with ozone and
destroy the ozone molecules. One chlorine
can destroy 100,000 molecules of ozone. It is
destroyed more quickly than it is
created.Some compounds release chlorine
and bromine on exposure to high ultraviolet
light, which then contributes to the ozone
layer depletion. Such compounds are known
as Ozone Depleting Substances (ODS). The
ozone-depleting substances that contain
chlorine include chlorofluorocarbon, carbon
tetrachloride, hydrochlorofluorocarbons,
and methyl chloroform. Whereas, the ozone-
depleting substances that contain bromine
are halons, methyl bromide, and hydro
bromofluorocarbons. Chlorofluorocarbons
are the most abundant ozone-depleting
substance. It is only when the chlorine atom
reacts with some other molecule, it does not
react with ozone. 245 Ozone LayerDepletion
Causes of Ozone LayerDepletion: The ozone
layer depletion is a major concern and is
associated with a number of factors. The
main causes responsible for the depletion of
the ozone layer are listed below: ·
Chlorofluorocarbons-Chlorofluorocarbons
or CFCs are the main cause of ozone layer
depletion. These are released by solvents,
spray aerosols, refrigerators, air-
conditioners, etc. · The molecules of
chlorofluorocarbons in the stratosphere are
broken down by the ultraviolet radiations
and release chlorine atoms. These atoms
react with ozone and destroy it. ·
Unregulated Rocket Launches-Researches
say that the unregulated launching of rockets
result in much more depletion of ozone layer
than the CFCs do. If not controlled, this
might result in a huge loss of the ozone layer
by the year 2050. · Nitrogenous Compounds-
The nitrogenous compounds such as NO2,
NO, N2O are highly responsible for the
depletion of the ozone layer. · Natural
Causes-The ozone layer has been found to be
depleted by certain natural processes such as
Sun-spots and stratospheric winds. But it
does not cause more than 1-2% of the ozone
layer depletion. Effects of Ozone
LayerDepletion: The depletion of the ozone
layer has harmful effects on the environment.
Let us see the major effects of ozone layer
depletion on man and environment. · Effects
on Human Health-The humans will be
directly exposed to the harmful ultraviolet
radiations of the sun due to the depletion of
the ozone layer. This might result in serious
health issues among humans, such as skin
diseases, cancer, sunburns, cataract, quick
ageing, and weekend immune system. ·
Effects on Animals-Direct exposure to
ultraviolet radiations leads to skin and eye
cancer in animals. · Effects on the
Environment-Strong ultraviolet rays may
lead to minimal growth, flowering and
photosynthesis in plants. The forests also
have to bear the harmful effects of the
ultraviolet rays. · Effects on Marine Life -
Planktons are greatly affected by the
exposure to harmful ultraviolet rays. These
are higher in the aquatic food chain. If the
planktons are destroyed, the organisms
present in the lower food chain are also
affected. Solutions to Ozone LayerDepletion:
· Following are some points that would help
in preventing this problem at a global level: ·
Avoid Using Pesticides-Natural methods
should be implemented to get rid of pests and
weeds instead of using chemicals. One can
use eco-friendly chemicals to remove the
pests or remove the weeds manually. ·
Minimize the Use of Vehicles-The vehicles
emit a large amount of greenhouse gases that
lead to global warming as well as ozone
depletion. Therefore, the use of vehicles
should be minimized as much as possible. ·
Use Eco-friendly Cleaning Products-Most of
the cleaning products have chlorine and
bromine releasing chemicals that find a way
into the atmosphere and affect the ozone
layer. These should be substituted with
natural products to protect the environment. ·
The Use of Nitrous Oxide should be
Prohibited-The government should take
actions and prohibit the use of harmful
nitrous oxide that is adversely affecting the
ozone layer. People should be made aware of
the harmful effects of nitrous oxide and the
products emitting the gas so that its use is
minimized at the individual level as well.
[STUDY IT AND MAKE SHORT]
Assignment 3. Discuss the major environmental issues.
: Environmental issues are those issues
Answer
which are harmful effects of human activities
on the biophysical environment. The
practices of protecting the natural
environment on the individual,
organizational or governmental levels, for
the benefit of both the environment and
humans is called environmental
protection. Environmentalissm, is indeed a
social and environment-related movement
which addresses environmental issues
through advocacy, education and activism.
The carbondioxide gas equivalent of GHG
(Green House Gas) in the atmosphere has
already exceeded. The amount of greenhouse
gas in the atmosphere is possibly above the
threshold that can potentially cause climate
change. The UN Office fro the Coordunation
of Humanitarian Affairs (OCHA) has stated
"Climate change is not just a distant future
threat. It is the main driver behind rising
humanitarian needs and we are seeing its
impact. The number of people affected and
the damages inflicted by exreme weather has
been unprecedented.
OCHA has clearly stated the following
points:
- Climate disasters are on the rise. Around
70 percent of disasters are now climate-
related – up from around 50 percent from
two decades ago.
- These disasters take a heavier human toll
and come with a higher price tag. In the last
decade, 2.4 billion people were affected by
climate-related disasters, compared to 1.7
billion in the previous decade. The cost of
responding to disasters has risen tenfold
between 1992 and 2008.
- Destructive sudden heavy rains, intense
tropical storms, repeated flooding, and
droughts are likely to increase, as will the
vulnerability of local communities in the
absence of strong concerted action.
Environment destruction caused by humans
is a global, ongoing problem. By the year
2050, the global human population is
expected to grow by 2 billion people, thereby
reaching a level of 9.6 billion people. The
human effects on Earth can be seen in many
different ways. A main effect, is an increase
in global temperature. According to the
report "Our Changing Climate", the global
warming that has been going on for the past
50 years is primarily due to human
activities. Since 1895, the average
temperature in the United States has
increased by between 0.7 °C and 1.1 °C
(1.3 °F and 1.9 °F), with most of the
increase taking place since around 1970.
Major current environmental issues are as
follows:
- Environmental
- Pollution
- Environmental degradation
- Resource depletion
The conservation movement, nowadays,
lobbies for protection of endangered species
and protection of any
ecologically valuable natural areas,
genetically modified foods and global
warming.
In 2006, many species were formally
classified as rare, endangered and
threatened. Scientists have estimated that
millions more species are at risk which have
not been formally recognized. About 40
percent of the 40,177 species assessed using
the IUCN red list criteria are now listed a
total of 16,119 species as threatened with
extinction.
Environmental issues are addressed at a regional, national or
international level by government organizations.
The largest international agency, set up in 1972, is the United Nations
Environment Programme. The International Union for Conservation of
Nature brings together 83 states, 108 government agencies, 766 Non-
governmental organizations and 81 international organizations and
about 10,000 experts, scientists from countries around the world.
[10]
International non-governmental
organizations include Greenpeace, Friends of the Earth and World
Wide Fund for Nature. Governments enact environmental policy and
enforce environmental law and this is done to differing degrees around
the world.
What are the keys to control?
Sustainability is the key to prevent or reduce the effect of
environmental issues. There is now clear scientific evidence that
humanity is living unsustainably, and that an unprecedented collective
effort is needed to return human use of natural resources to within
sustainable limits.[12][13] For humans to live sustainably, the
Earth's natural resources must be used at a rate at which they can be
replenished (and by limiting global warming). This condition is
measured by ecological footprint accounting.
Concerns for the environment have prompted the formation of green
parties, political parties that seek to address environmental issues.
Initially, these were formed in Australia, New Zealand, and Germany
but are now present in many other countries.
"The only question is whether [the world's environmental problems] will
become resolved in pleasant ways of our own choice, or in unpleasant
ways not of our choice, such as warfare, genocide, starvation, disease
epidemics, and collapses of societies." - Climate change
— Jared Diamond, Collapse: How Societies Choose to Fail or
Survive[11]
The term plasticulture refers to the practice of using plastic materials - Exploitation
in agricultural applications. The plastic materials themselves are often
and broadly referred to as "ag plastics". Plasticulture ag plastics
include soil fumigation film, irrigation drip tape/tubing, plastic plant - Industrialization
packaging cord, nursery pots and bales, but the term is most often
used to describe all kinds of plastic plant/soil coverings. Such
coverings range from plastic mulch film, row coverings, high and low - Land degradation
tunnels (polytunnels), to plastic greenhouses.
Plastic used in agriculture was expected to include 6.7 million tons of
plastic in 2019 or 2% of global plastic production .[1] Plastic used in
- Popupaltion growth
agriculture is hard to recycle because of contamination by agricultural
chemicals.[1] Moreover, plastic degradation into microplastics is - Water scarcity
damaging to soil health, microorganisms and beneficial organism like
earth worms.[1][2] Current science is not clear if there are negative
impacts on food or once food grown in plasticulture is eaten by - Water conflict
humans.[1] Due to these impacts, some governments, like the European
Union under the Circular Economy Action Plan, are beginning to
regulate it's use and plastic waste produced on farms. -Urbanization
Common Environmental issues - Waste
1. Issues related with population 2. Issues related with Hydrology
- Issues related with biocapacity - Environmental effects on water reservoirs
- Carrying capacity - impacts on tile drainage
- Agricultural impact - built environment
-Flooding - desertification
-Landslide - habitat fragmentation
3. Issues related with intensive farming - land degradation
-impact on agriclutral subsidy - land pollution
-impact on meat production - urban heat
- affect on crop farming 5. Issues related with natural disasters
- affects on irrigation - untimely rainfall
- affect on nutrient - flooding
- overgrazing - land sliding
- affect of pesticide (BHC, DDT) 6. Issues related with uclear issues
-plasticulture - nuclear fallout
4. Issues related with land use - nuclear meltdown
- nuclear power
- nuclear radiation accidents
- Nuclear safety
- high level radioactive waste management
7. Issues related with Ocean
8. Issues related with water pollution
Some noted effects are as follows:
1. climate change
- global warming
- flooding
- heat increase in urban
2. Environmental degradation:
- habitat distruction
- sepecis loss
3. Environmental health
- Air quality • Asthma • Birth defect • Developmental
disability • Endocrine disruptors • Environmental impact of the coal
industry • Environmental impact of nanotechnology • Electromagnetic
field • Electromagnetic radiation and health • Indoor air quality • Lead
poisoning • Leukemia • Nanotoxicology • Nature deficit disorder • One
Health • Sick Building Syndrome • Environmental impact of hydraulic
fracturing

4. Environmental issues with energy — Environmental impact of the

- Global dimming coal industry • Environmental impact of the energy
industry • Environmental impact of hydraulic fracturing
- gases from fossil fuels 5. Environmental impact of transport
Environmental impact of aviation
-greenhouse gases Environmental impact of the petroleum industry — Exhaust
gas • Waste tires • Motor vehicle emissions and
pregnancy • Externalities of automobiles
- ocean acidification
 Environmental impact of shipping (Cruise ships in
Europe • Cruise ships in the United States)
6. Environmental issues with war — Agent Orange • Depleted
uranium • Military Superfund site (Category only) • Scorched
earth • War and environmental law • Unexploded ordnance
7. Overpopulation — Burial • Overpopulation in companion
animals • Tragedy of the commons • Gender Imbalance in Developing
Countries • Sub-replacement fertility levels in developed countries
8. Mutation breeding — Genetic pollution
9. Synthetic biology — Synthetic DNA • Artificially Expanded Genetic
Information System • Hachimoji DNA
10. Genetically modified food — Genetically modified
crops • Genetically modified livestock • Genetically modified food
controversies
11.Pollution — Nonpoint source pollution • Point source pollution
Air pollution — Environmental impact of the coal
industry • Environmental impact of hydraulic fracturing • Indoor
air quality • Smog • Tropospheric ozone • Volatile organic
compound • Atmospheric particulate matter CFC • Biological
effects of UV exposure
Light pollution • Visual pollution
Noise pollution
Soil pollution — Alkali soil • Brownfield • Residual Sodium
Carbonate Index • Soil conservation • Soil erosion • Soil
contamination • Soil salination • Superfund • Superfund sites
Water pollution — Acid rain • Agricultural runoff • Algal
bloom • Environmental impact of the coal
industry • Environmental impact of hydraulic
fracturing • Eutrophication • Fish kill • Groundwater
pollution • Groundwater recharge • Marine debris • Marine
pollution • Mercury in fish • Microplastics • Nutrient
pollution • Ocean acidification • Ocean dumping • Oil
spills • Soda lake • Ship pollution • Thermal pollution • Urban
runoff • Wastewater
Space debris • Interplanetary contamination • Ozone depletion
12. Resource depletion — Exploitation of natural
resources • Overdrafting (groundwater) •Overexploitation
13. Consumerism — Consumer capitalism • Planned
obsolescence • Over-consumption
14. Fishing — Blast fishing • Bottom trawling • Cyanide fishing • Ghost
nets • Illegal, unreported and unregulated fishing • Overfishing • Shark
culling • Shark finning • Whaling
15. Logging — Clearcutting • Deforestation • Illegal logging
16. Mining — Acid mine drainage • Environmental impact of hydraulic
fracturing • Mountaintop removal mining • Slurry impoundments
17. Water (depletion) — Anoxic waters • Aral Sea • California Water
Wars • Dead Sea • Lake Chad • Water scarcity
18. Toxicants — Agent
Orange • Asbestos • Beryllium • Bioaccumulation • Biomagnification • C
hlorofluorocarbons (CFCs) • Cyanide • DDT • Endocrine
disruptors • Explosives • Environmental impact of the coal
industry • Herbicides • Hydrocarbons • Perchlorate • Pesticides • Persis
tent organic pollutant • PBBs • PBDEs • Toxic heavy
metals • PCB • Dioxin • Polycyclic aromatic hydrocarbons • Radioactive
contamination • Volatile organic compounds
19. Waste — Electronic waste • Great Pacific Garbage Patch • Illegal
dumping • Incineration • Litter • Waste disposal incidents • Marine
debris • Medical waste • Landfill • Leachate • Toxic
waste • Environmental impact of the coal industry • Exporting of 9. Recreation — Protected areas
hazardous waste
10.Water conservation
Mitigation
11. Disaster mitigation
Mitigation of aviation's environmental impact – Aviation taxation
and subsidies (Air passenger tax • Kerosene tax) • Electric aircraft 12. Environmental law — Environmental crime • Environmental
justice • Polluter pays principle • Precautionary principle • Regulatory
1. Conservation capture • Trail ethics

2. Ecosystems — Anoxic waters • Biodiversity • Biosecurity • Coral 13. Phase-out of fossil fuel vehicles
bleaching • Black carbon • Edge effect • Habitat destruction • Organic
farming • Habitat fragmentation • In-situ leach o Environmental aspects of the electric car
o Hydrogen economy
3. Fishing — Blast fishing • Bottom trawling • By-catch • Cetacean o Scrappage program
bycatch • Gillnetting • Illegal, unreported and unregulated o Vehicle recycling
fishing • Environmental effects of fishing • Marine
pollution • Overfishing • Whaling 14. Phase-out of single-use plastics

4.Forests — Clearcutting • Deforestation: reforestation and afforestatio o Phase-out of lightweight plastic

n • Illegal logging • Trail ethics bags (Australia • United States) • Biodegradable
bags • Reusable shopping bags
5. Natural resources — Resource depletion • Exploitation of natural o Bottled water ban — Reuse of bottles
resources • Steady-state economy o Plastic straw ban

6. Species — Endangered species • Genetic diversity • Habitat 15. Sustainable agriculture

destruction • Holocene extinction • Invasive
species • Poaching • Pollinator decline • Species extinction • Threshold
host density • Wildlife trade • Wildlife disease o Nutrition transition — Cellular
agriculture (cultured meat) • Plant-based
diet (reducitarianism • veganism • vegetarianism)
7. Energy conservation — Efficient energy use • Carfree city • Local
food Global env. Issues
8. Renewable energy — Renewable energy commercialization
A global issue is any issue (problem, risk) that adversely affects the
global community and environment, possibly in a catastrophic way,
including environmental issues, political crisis, health crisis, social
issues and economic crisis. Solutions to global issues generally require
cooperation among nations.[1]
In their book Global Issues,[2] Hite and Seitz emphasize that global
issues are qualitatively different from international affairs and that the
former arise from growing international interdependencies which
makes the issues themselves interdependent.[3] It is speculated that our
global interconnectedness, sometimes instead of making us more
resilient, makes us more vulnerable to global catastrophe.[4]
Global env. contents
 1Overconsumption
 2Global warming


3World overpopulation
4Human impact on the environment
 5Water scarcity
 6Mass surveillance
 7Conflict-related global issues
o 7.1Artificial intelligence arms race
o 7.2Nuclear proliferation
o 7.3Weapons of mass destruction
o 7.4Nuclear holocaust
o 7.5Potential for World War III
 8Global catastrophic risk
 9Civilization's perception and handling of such issues
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
1. Overconsumption is a situation where resource use has outpaced
the sustainable capacity of the ecosystem. A prolonged pattern of
overconsumption leads to environmental degradation and the
eventual loss of resource bases. Generally, the discussion of
overconsumption parallels that of world overpopulation;[5] that is the
more people, the more consumption of raw materials takes place to
sustain their lives. But, humanity's overall impact on the planet is
affected by many factors besides the raw number of people. Their
lifestyle (including overall affluence and resource utilization) and the
pollution they generate (including carbon footprint) are equally
important. Currently, the inhabitants of the developed nations of the
world consume resources at a rate almost 32 times greater than those
of the developing world, who make up the majority of the human
population (7.4 billion people).[6]
However, the developing world is a growing market of consumption.
These nations are quickly gaining more purchasing power and it is
expected that the Global South, which includes cities in Asia, Latin
America and Africa, will account for 56% of consumption growth by
2030.[7] This means that consumption rates will plateau for the
developed nations and shift more into these developing countries.
2. Global warming is a long-term rise in the average temperature of
the Earth's climate system, an aspect of climate change shown
by temperature measurements and by multiple effects of the warming.[8]
[9]
The term commonly refers to the mainly human-caused observed
warming since pre-industrial times and its projected continuation,
[10]
though there were also much earlier periods of global warming. [11] In
the modern context the terms global warming and climate change are
commonly used interchangeably,[12] but climate change includes
both global warming and its effects, such as changes to precipitation
and impacts that differ by region.[13][14] Many of the observed warming
changes since the 1950s are unprecedented in the instrumental
temperature record, and in historical and paleoclimate proxy records of
climate change over thousands to millions of years.
Future climate change and associated impacts will differ from region
to region.[15][16] Ongoing and anticipated effects include rising sea levels,
changing precipitation, and expansion of deserts in the subtropics.
[17]
Future warming is expected to be greater over land than over the
oceans and greatest in the Arctic, with the continuing retreat of
glaciers, permafrost, and sea ice. Other likely changes include more
frequent extreme weather events such as heat
waves, droughts, wildfires, heavy rainfall with floods, and heavy
snowfall;[18] ocean acidification; and massive extinctions of species due
to shifting temperature regimes. Effects significant to humans include
the threat to food security from decreasing crop yields and
the abandonment of populated areas due to rising sea levels.
[19]
Migration of animals has been a serious situation, the effects from
Global Warming are messing with animals, their habitats, and when
animals migrate. Studies show that in the future, changes will happen
to how animals forage in the micro and macro habitat. A selection of
these animals could become climate change sensitive species, for
example high-alpine birds. Because the climate system has a large
"inertia" and greenhouse gases will remain in the atmosphere for a
long time, many of these effects will persist for not only decades or
centuries, but tens of thousands of years
Possible societal responses to global warming include mitigation by
emissions reduction, adaptation to its effects, building
systems resilient to its effects, and possible future climate engineering.
Most countries are parties to the United Nations Framework
Convention on Climate Change (UNFCCC),[21] whose ultimate objective
is to prevent dangerous anthropogenic climate change.[22] Parties to the
UNFCCC have agreed that deep cuts in emissions are required [23] and
that global warming should be limited to well below 2.0 °C (3.6 °F)
compared to pre-industrial levels,[a] with efforts made to limit warming to
1.5 °C (2.7 °F).[25] Some scientists call into question climate adaptation
feasibility, with higher emissions scenarios,[26] or the two degree
temperature target
Public reactions to global warming and concern about its effects are
also increasing. A global 2015 Pew Research Center report showed
that a median of 54% of all respondents asked consider it "a very
serious problem." Significant regional differences exist, with Americans
and Chinese (whose economies are responsible for the greatest
annual CO2 emissions) among the least concerned.[28]
Most of the habitat selection that was studied was affected by
grassland cover. An issue at the footnote of global warming is ocean
acidification, it is an issue today regarding the rising amounts of acidity
in both surface and deeper waters that threaten biological and
biochemical processes. The role of the ocean is a major role in climate
regulation, yet ocean acidification is not looked at as a big deal when it
comes to global warming. It alters marine ecosystems which include
destroying a wide array of marine ecosystem services. There is no
policy, international or nationally, to help with ocean acidification.
Although, it is a global issue, ocean acidification will have great effects
along coastlines and in coral reefs. Some people think that ocean
acidification can be dealt with through UNFCCC, this is thought
because climate changes is causing ocean acidification because of
increase of CO2 in the atmosphere, but some do not agree. There are
multiple reasons why nothing has been done on a larger scale
regarding ocean acidification, such as the fact that it is not well
understood scientifically. Also, the impacts may be felt locally but the
problem is a global issue and cannot be dealt with easily. More people
need to realize the problems of ocean acidification; coral reefs are
becoming bleached and more animals are becoming extinct because it
is not a livable habit for aquatic animals
3. The global population has grown from 1 billion in 1800 to 7.8 billion
in 2020.[30] It is expected to keep growing, and estimates have put the
total population at 9.8 billion by mid-2050.[31] World overpopulation has
occurred when the ecological footprint of the world population exceeds
the carrying capacity of the planet.
The rapid increase in world population over the past three centuries
has raised concerns that the planet may not be able to sustain the
future or even present number of its inhabitants. The InterAcademy
Panel Statement on Population Growth, circa 1994, stated that many
environmental problems, such as rising levels of atmospheric carbon
dioxide, global warming, and pollution, are aggravated by the
population expansion.

4. Human impact on the environment (or anthropogenic impact on the
environment) includes changes to biophysical
environments and ecosystems, biodiversity, and natural resources[34]
[33]
[35]
caused directly or indirectly by humans, including global warming,[33]
[36]
environmental degradation[33] (such as ocean acidification[33][37]), mass
extinction and biodiversity loss,[38][39][40][41] ecological crisis, and ecological
collapse. Modifying the environment to fit the needs of society is
causing severe effects, which become worse as the problem of human
overpopulation continues.[42] Some human activities that cause damage
(either directly or indirectly) to the environment on a global scale
include human reproduction,
[43]
overconsumption, overexploitation, pollution, and deforestation, to
name but a few. Some of the problems, including global
warming and biodiversity loss pose an existential risk to the human
race,[44][45] and overpopulation causes those problems.[46] People are
mostly malnourished in countries where the population is growing very
rapidly, like third world countries that do not have access to birth
controls or family planning. Overpopulation is a growing issue among
many people, at a growing rate of 1.2%, the population is projected to
double to 14 billion people in 60 years. It is believed that the earths
carrying capacity is going to be around 14 billion people because of the
food shortages most of the world's population is already experiencing.
More than 66% of the world's population is malnourished or starving
according to the World Health Organization. In 1950 only 20% of the
world's population was recorded as malnourished or starving, the
percentage has more than tripled, which is alarming. Natural resources
that are becoming critically low due to over harvesting are; oil, natural
gas, and coal, once these resources run out the earth's population
could drop from 14 billion to 2 billion. It is important that humans start
recycling and reducing the amount of natural resources, in doing this
we can hopefully prolong the quality and sustainability of life on earth.
5. Water scarcity is the lack of fresh water resources to meet water
demand. It affects every continent and was listed in 2019 by the World
Economic Forum as one of the largest global risks in terms of potential
impact over the next decade.[48] It is manifested by partial or no
satisfaction of expressed demand, economic competition for water
quantity or quality, disputes between users, irreversible depletion
of groundwater, and negative impacts on the environment.[49] One-third
of the global population (2 billion people) live under conditions of
severe water scarcity at least 1 month of the year. [50][51][52][53] Half a billion
people in the world face severe water scarcity all year round. [50] Half of
the world's largest cities experience water scarcity
6. Mass surveillance is considered as a global issue. Mass surveillance
has often been cited as necessary to fight terrorism, prevent crime and
social unrest, protect national security, and control the population.
Conversely, mass surveillance has equally often been criticized for
violating privacy rights, limiting civil and political rights and freedoms,
and being illegal under some legal or constitutional systems. Another
criticism is that increasing mass surveillance could lead to the
development of a surveillance state or an electronic police state where
civil liberties are infringed or political dissent is undermined by
COINTELPRO-like programs. Such a state could be referred to as a
totalitarian state.
7. Conflict-related global issues[edit]
Artificial intelligence arms race[edit]
Main article: Artificial intelligence arms race
An artificial intelligence arms race is a competition between two or
more states to have its military forces equipped with the best "artificial
intelligence" (AI). Since the mid-2010s, many analysts have argued
that such a global arms race for better artificial intelligence has already
begun.
According to Siemens, worldwide military spending on robotics was
US$5.1 billion in 2010 and US$7.5 billion in 2015.[54][55]
China became a top player in artificial intelligence research in the
2010s. According to the Financial Times, in 2016, for the first time,
China published more AI papers than the entire European Union.
When restricted to number of AI papers in the top 5% of cited papers,
China overtook the United States in 2016 but lagged behind the
European Union. 23% of the researchers presenting at the
2017 American Association for the Advancement of Artificial
Intelligence (AAAI) conference were Chinese.[56] Eric Schmidt, the
former chairman of Alphabet, has predicted China will be the leading
country in AI by 2025.[57]
AAAI presenters:[56]
Countr
in 2012 in 2017
y weapons
US 41% 34%
China 10% 23%
UK 5% 5%
Nuclear proliferation
Nuclear proliferation is the spread of nuclear weapons, fissionable
material, and weapons-applicable nuclear technology and information
to nations not recognized as "Nuclear Weapon States" by the Treaty
on the Non-Proliferation of Nuclear Weapons (NPT), commonly known
as the Non-Proliferation Treaty or NPT. Proliferation has been opposed
by many nations with and without nuclear weapons, as governments
fear that more countries with nuclear weapons will increase the
possibility of nuclear warfare (up to and including the so-called
"countervalue" targeting of civilians with nuclear weapons), de-stabilize
international or regional relations, or infringe upon the
national sovereignty of states.
Four countries besides the five recognized Nuclear Weapons
States have acquired, or are presumed to have acquired, nuclear
weapons: India, Pakistan, North Korea, and Israel. None of these four
is a party to the NPT, although North Korea acceded to the NPT in
1985, then withdrew in 2003 and conducted announced nuclear
tests in 2006, 2009, 2013, 2016, and 2017.[58] One critique of the NPT
is that the treaty is discriminatory in the sense that only those countries
that tested nuclear weapons before 1968 are recognized as nuclear
weapon states while all other states are treated as non-nuclear-
weapon states who can only join the treaty if they forswear nuclear
….
Weapons of mass destruction[edit]
Main article: Weapon of mass destruction
A weapon of mass destruction (WMD) is
a nuclear, radiological, chemical, biological, or any other weapon that
can kill and bring significant harm to a large number of humans or
cause great damage to human-made structures (e.g., buildings),
natural structures (e.g., mountains), or the biosphere. The scope and
usage of the term has evolved and been disputed, often signifying
more politically than technically. Originally coined in reference to aerial
bombing with chemical explosives during World War II, it has later
come to refer to large-scale weaponry of other technologies, such
as chemical, biological, radiological, or nuclear.
Nuclear holocaust[edit]
Main article: Nuclear holocaust
A nuclear holocaust, nuclear apocalypse, or atomic holocaust is
a theoretical scenario involving widespread destruction
and radioactive fallout causing the collapse of civilization, through the
use of nuclear weapons. Under such a scenario, some or all of the
Earth is made uninhabitable by nuclear warfare in future world wars.
Besides the immediate destruction of cities by nuclear blasts, the
potential aftermath of a nuclear war could involve firestorms, a nuclear
winter, widespread radiation sickness from fallout, and/or the
temporary loss of much modern technology due to electromagnetic
pulses. Some scientists, such as Alan Robock, have speculated that a
thermonuclear war could result in the end of modern civilization
on Earth, in part due to a long-lasting nuclear winter. In one model, the
average temperature of Earth following a full thermonuclear war falls
for several years by 7 to 8 degrees Celsius on average.[60]
Potential for World War III[edit]
Main articles: World War III and Second Cold War
World War III (WWIII or WW3) and the Third World War are names
given to a hypothetical third worldwide large-scale military
conflict subsequent to World War I and World War II. The term has
been in use since at least as early as 1941. Some have applied it
loosely to refer to limited or smaller conflicts such as the Cold War or
the War on Terror, while others have operated under the assumption
that such a conflict would surpass both prior world wars in both the
level of its widespread scope and of its overall destructive impact.[61]
Because of the development and use of nuclear weapons near the end
of World War II and their subsequent acquisition and deployment
by many countries, the potential risk of a nuclear devastation of Earth's
civilization and life is a common theme in speculations of a Third World
War. Another major concern is that biological warfare could cause a
very large number of casualties, either intentionally or inadvertently by
an accidental release of a biological agent, the unexpected mutation of
an agent, or its adaptation to other species after use. High-
scale apocalyptic events like these, caused by advanced technology
used for destruction, could potentially make Earth's
surface uninhabitable.
Prior to the beginning of the Second World War, the First World
War (1914–1918) was believed to have been "the war to end all wars,"
as it was popularly believed that never again could there possibly be a
global conflict of such magnitude. During the inter-war period between
the two world wars, WWI was typically referred to simply as "The Great
War." The outbreak of World War II in 1939 disproved the hope that
mankind might have already "outgrown" the need for such widespread
global wars.
With the advent of the Cold War in 1945 and with the spread of nuclear
weapons technology to the Soviet Union, the possibility of a third
global conflict became more plausible. During the Cold War years, the
possibility of a Third World War was anticipated and planned for by
military and civil authorities in many countries. Scenarios ranged
from conventional warfare to limited or total nuclear warfare. At the
height of the Cold War, a scenario referred to as Mutually Assured
Destruction ("MAD") had been calculated which determined that an all-
out nuclear confrontation would most certainly destroy all or nearly all
human life on the planet.
…..
Global catastrophic risk[edit]
Main article: Global catastrophic risk
A global catastrophic risk is a hypothetical future event which could
damage human well-being on a global scale,[62] even crippling or
destroying modern civilization.[63] An event that could cause human
extinction or permanently and drastically curtail humanity's potential is
known as an existential risk.[64]
Potential global catastrophic risks include anthropogenic risks, caused
by humans (technology, governance, climate change), and natural or
external risks.[63] Examples of technology risks are hostile artificial
intelligence and destructive biotechnology or nanotechnology. changes they deduced to be adequate or necessary in the form of very
Insufficient or malign global governance creates risks in the social and brief and broad descriptions.[
political domain, such as a global war, including nuclear
holocaust, bioterrorism using genetically modified
organisms, cyberterrorism destroying critical infrastructure like
[COORECTION NEE ABOVE ABOVE ]
the electrical grid; or the failure to manage a natural pandemic.
Problems and risks in the domain of earth system
governance include global warming, environmental degradation,
including extinction of species, famine as a result of non-
equitable resource distribution, human overpopulation, crop
1.4 Ozone Layer Depletion, acid Rain,
failures and non-sustainable agriculture. Examples of non- nuclear winter, atmospheric Pollution
anthropogenic risks are an asteroid impact event,
a supervolcanic eruption, a lethal gamma-ray burst, a geomagnetic
storm destroying electronic equipment, natural long-term climate 1.4.1 Meaning of ozone layer
change, hostile extraterrestrial life, or the predictable Sun transforming
into a red giant star engulfing the Earth. Ozone is a pale yellow gas formed in the
Civilization's perception and handling of stratosphere. It is a molecule that consists of
such issues three atoms of oxygen stuck together. It is
A complex fabric of economic mechanisms, ethical motivations, chemically active and rare form of oxygen. In
societal incentives, international coordination, national purposive
structures, international organizations, technological means, inter- the stratosphere, there is a thick layer of
group competition, communication and more was designed and
emerged in the global human civilization that aims to or effectively
ozone which is called ozone layer. The
addresses such issues. thickness of ozone is about 35km. The ozone
… In 2021, a group of 17 high-ranking ecologists published a layer is also called ozonosphere that extends
Perspective piece reviewing research and data that indicate future
environmental conditions will be "far more dangerous than currently
from 15 km to 50 km from the earth surface.
believed", and conclude that the current challenges that humanity The ozonosphere absorbs all harm full
faces – when considered individually – are enormous, that an
"optimism bias" is prevalent and that fundamental socioeconomic radiation coming from the sun and space.
changes are required. In the largely static document that was
published by a scientific journal, the small group lists a few of such
Hence it acts as a protective umbrella for the
living organism on the earth surface. If there
were no ozonosphere in the atmosphere, all
harmful ultra – violet radiation and the
highly energetic particles coming from the
space could enter into the troposphere
causing damage to the living organisms. In
addition, the ozonosphere absorbs the short
wave ultra – violet radiation capable of
heating the lower atmosphere and saves the
atmosphere from overheating. It is presented
in minute traces in the atmosphere. It has a
peak concentration (10 mg/kg) around 25 km
above the surface of the earth and then
decreases again.
The ozone is formed on the atmosphere by
absorbing certain radiation by the oxygen
present in the atmosphere. When an oxygen
molecule absorbs high energy solar
radiation, it is dissociated into nascent
oxygen. Then nascent oxygen combines with
other oxygen molecules to form a ozone
molecule. The reaction is as follows:
o 2 ( high energy radiation ) +o (Nacent oxygen)→ o3 (ozone molecule)
1.4.2 Meaning of depletion of ozone layers
Nitrogen dioxide is one of the greenhouse
gases. When the oxides of nitrogen reach the
stratosphere of the atmosphere, they react
with ozone forming oxygen according to
following equations.
NO ¿ ¿(Oxygen gas)
NO 2 ( Nitrous oxide ) ↑+O3 ( Ozone ) → N 2 O3 ↑+2 O2 ↑(Ozone is
depleted)
In this way, the ozone layer is depleted that is
the destruction of ozone results in thinning of
the ozone layer which is known as ozone
depletion.
According to the environmental scientists,
the ozone layer in the stratosphere is
gradually being depleted due to the action of
the chlorofluro carbon {CFC’S} and oxides
of nitrogen. The chlorofluro carbon {CFC’S}
and oxides of nitrogen are blown to the
atmosphere by the wind. These compounds
linger there for a long time. At the
stratosphere, the CFC’S products undergo
photolytic dissociation in the presence of
ultraviolet radiation. As a result, nascent
chlorine is produced which then attacks
another molecule. The process is shown
below:
CFCl 3 →[UV-Radition] CFCl 2 + Cl (Nacent chlorine)
Cl+ O3 → ClO+O2 ↑
2 ClO→ Cl 2+O2 ↑
The process goes in a cyclic order. It is
estimated that a CFC molecule can destroy
about 1 lakh ozone molecules.
1.4.3 Measures of controlling depletion of
ozone layers
1. Unnecessary industrialization should be
controlled.
2. Over production of cars and cosmetics
should be controlled.
4. Firing on forest should be banned.
5. Awareness program should be launched.
1.4.4 National attempts to control ozone
layer depletion.
Nepal has not done any remarkable work in
view of protection ozone layer destruction.
Nepal neither has produced cars and bikes
till now, nor has harmed over natural
environment. It is due to our underdeveloped
nature.
1.4.5. International attempts to control ozone
layer depletion.
a. UN (United Nation, 1945):
(Study yourself)
b. UNCHE (United Nation's Conference on
Human Environment, 1972); It is also called
Stockholm Conference".
c. UNCED (United Nation's Conference on
Environment and Development, 1992):
It is also called Rio Conference. Sometimes
it is known as Earth Summit. Briefly, it is
also called as ECO-92.
d. 1985, Vienna Convention on Ozone layer
Depletion. [Nepal became party on 4
October 1994]
e. 1987, Montreal Protocal for the protection
of the ozone layer. [Nepal became party on 6
July 1996. It established the Precautuionary
Approach].
f. London Amendment to the Montreal
Protocal [ Nepal became party on 6 july
1996].
g. United Nations Framework Convention on
Climate Change [Nepal became party on 31
July 1994]
f. Treaty Banning Neuclear Weapon Test,
1963.[Nepal became party on 7 october
1964).
Assignment: Sep (7)
1. What is meant by ozone and ozone layer? How it is are formed in atmosphere?
How is ozone depleted in the atmosphere? Mention some effects of it taking some
references and present some mitigational measures to control ozone layer
depletation in your own words.
1.4.6 Acid Rain
Acid rain means the presence of excessive
acids in rain – water. It has been taken as
one of the effects of air pollution. Every
source of energy that we use such as coal,
fuel, wood or petroleum products has
sulphur and nitrogen. These two acts when
burnt in the presence of the atmospheric
oxygen are connected into their respective
oxides i.e. sulphur dioxide (SO2) and
nitrogen dioxide (NO2) which are highly
soluble water during rain. These oxides react
with large quantities of water vapor of the
atmosphere to form acids like sulphuric acid
and nitric acid, nitrous acid which then
returns to the earth surface with rain water
or remain in the atmospheric clouds and fog.
Rain is a popular term referring to the
deposition of wet (rain, snow, sleet, fog,
cloudwater, and dew) and dry ( acididfying
particles aand gases) acidic components.
Distilled water, once carbondioxide is
removed, has a neutral Ph of 7are alkaline.
Clean or unpolluted rain has a slightly acidic
Ph of over 5.7, because carbondioxide and
water in the air react together to form
carbonic acid, but unpolluted rain also
contains other chemicals. Acommon example
is nitric acid produced by electric discharge
in the atmosphere such as lightining,
Carbonic acid is formed by the reaction:
H 2O (Liq.) + CO (Gas) ⇋
2 H 2CO3(Aq)
Carbonc acid then can ionize in water
forming low concentrations of hydronium
and carbonate ions:
H 2O (Liq.)+ CO (Gas)
2 ⇋ HCO
−¿ ¿
3 (Aq)+ H3 O
+¿¿
(Aq.)
Acid deposition as an environmental issue
would include additional acids H CO , Acid2 3
rain does not directly affect human health.
The acid in the rainwater is too dilute to
have direct adverse effects. However, the
particulates responsible for acid
rain9sulphure dioxide and nitrogen oxide) do
have an adverde affect. Increased amount of
fine particulate matter in the air do
contribute to heart and lung problems
including asthma and bronchitis. Acid rain
can also damage buildings and historic
monuments, ecpecially those made of rocks
such as limestone and marble containing
large amounts of calcium carbonates. Acids
in the rain react with the calcium compounds
in the stones to create gypsum, which then
flakes off.
Effects of acid rain:
1. It reduces the Ph of streams and lakes
which kills the aquatic life and reduces the
growth of plankton and reproduction of fish
and other aquatic animals.
2. It is harmful for the forest and vegetation.
It causes damage to leaves i.e. suppressing
the growth of the leaves which results in the
vanishing of the greenery.
3. It affects the soil and reduces the fertility
of the soil. A plant nutrient such as
potassium is gradually leached out of the
soil. Under acidic conditions, toxic metals to
plant get accumulated the soil.
4. It also disturbs the microbial activity of
the soil.
5. It effects in eco – system and ecological
balance.
Control of Acid rain:
a) Legal approach (National/domestic laws):
Acid rain can be controlled by making rules
and regulation by a government. Following
actions can be done:
1. Reducing the greenhouse effect.
2. Controlling in more urbanization.
3. Controlling air pollution, land pollution,
water pollution and sound pollution.
4. Controlling more industrialization.
5. Control of excessive use of coal.
6. Control in over use of fuel.
7. Control in excess use in wood, fire wood
and wood products.
8. Controlling forest fire.
9. Controlling over use of petroleum
products.
10. Controlling the source of producing
sulphur and nitrogen.
b) Awareness campaign: National, Regional
and Global awareness program can be
conducted by NGO, INGO and International
organization.
Attempts of controlling Acid rain
i. National Attempt
- unnecesary old vechile are replaced
- over use of cars buses are controlled.
ii. International Attempt
-Framework Convention of Climate Change
(FCCC), 1992
-Kyoto Protocal, 1997
- Treaty Banning Neuclear Weapon, 1963
-Transboundary Movements of Hazardous
Wastes, 1989
- Basel convention on the control of
Transboundary Movements of Hazardous
wastes and their Disposal, 1989
-Convention Against Desertification, 1994
……,…..incy…..?
Assignment: Ok (8)
1. What is meant by acid rain? How acid are
formed in atmosphere? Mention some effects
of acid rainfall taking some references and
present some mitigational measures to
control acid rain in your own words.
1.4.7 Nuclear winter [AANAWIK JAADO]
Background:
"Nuclear winter," or as it was initially
termed, "nuclear twilight," began to be
considered as a scientific concept in the
1980s, after it became clear that an earlier
hypothesis, that fireball generated
NOx emissions would devastate the ozone
layer, was losing credibility. It was within
this context that the climatic effects of soot
from fires became the new focus of the
climatic effects of nuclear war.
The state of environment after war is Nuclear
Winter. It is, indeed, a period of abnormal
cold and darkness predicted to follow a
nuclear war, caused by a layer of smoke and
dust in the atmosphere blocking the sun's
rays. Nuclear winter is, indeed, a severe,
vast and prolonged global climatic cooling
effect that is hypothesized to occur after
widespread firestorms following a large-
scale nuclear war.
The hypothesis is based on the fact that such
fires can inject soot (Soot is the common
term for a type of particle pollution called
PM 2.5—particulate matter that is 2.5
micrometers in diameter or smaller. Such
fine particles are even smaller than dust and
mold particles, or approximately 1/30 of the
size of a human hair) into the stratosphere,
where it can block some direct sunlight from
reaching the surface of the Earth. It is
speculated that the resulting cooling would
lead to widespread "crop failure" and
"famine".
When developing computer models of
nuclear-winter scenarios, researchers use
the conventional Bombing of Hamburg
(Germany), and the Hirosima (Japan)
firestorm in World War Second as example
cases where soot might have been injected
into the stratosphere, alongside modern
observations of natural, large-area wildfire -
firestorms.World War II or the Second
World War, often abbreviated
as WWII or WW2, was a global war that
lasted from 1939 to 1945. It involved the vast
majority of the world's countrieies including
all of the great powers forming two opposing
military alliances: the Alies and the Axis
powers. In a total directly involving more
than 100 million personnel from more than
30 countries.
The basic cause of nuclear winter, as
hypothesized by researchers, would be the
numerous and immense fireballs caused by
exploding nuclear warheads. These
fireballs would ignite huge uncontrolled
fires (firestorms) over any and all cities and
forests that were within range of them.
Nuclear winter, the environmental
devastation that certain scientists contend
would probably result from the hundreds of
nuclear explosions in a nuclear war. The
damaging effects of the light, heat, blast, and
radiation caused by nuclear explosions had
long been known to scientists, but such types
of explosions' indirect effects on the
environment remained largely ignored for
decades. In the 1970s, however, several
studies posited that the layer of ozone in the
stratorphere that shields living things from
much of the Sun’s harmful ultrvoilet
radiation might be depleted by the large
amounts of nitrogen oxides produced by
nuclear explosions. Further studies
speculated that large amounts of dust kicked
up into the atmosphere by nuclear explosions
might block sunlight from reaching the
Earth's surface, leading to a temporary
cooling of the air.
Scientists then began to take into account the
smoke produced by vast forests set ablaze by
nuclear fireballs, and in 1983 an ambitious
study, known as the TTAPS study (from the
initials of the last names of its authors, R.P.
Turco, O.B. Toon, T.P. Ackerman, J.B.
Pollack, and Carl Sagan), took into
consideration the crucial factor of smoke and
soot arising from the burning petroleum fuels
and plastics in nuclear-devastated cities.
(Smoke from such materials absorbs sunlight
much more effectively than smoke from
burning wood.) The TTAPS study coined the
term “nuclear winter,” and its ominous
hypothesis about the environmental effects of
a nuclear war came under intensive study by
both the American and Soviet
scientific communities.
The basic cause of nuclear winter, as
hypothesized by researchers, would be the
numerous and immense fireballs caused by
exploding nuclear warheads. These fireballs
would ignite huge uncontrolled fires
(firestorms) over any and all cities and
forests that were within range of them. Great
plumes of smoke, soot, and dust would be
sent aloft from these fires, lifted by their own
heating to high altitudes where they could
drift for weeks before dropping back or being
washed out of the atmosphere onto the
ground. Several hundred million tons of this
smoke and soot would be shepherded by
strong west-to-east winds until they would
form a uniform belt of particles encircling
the Northern Hemisphere from 30° to 60°
latitude. These thick black clouds could block
out all but a fraction of the Sun’s light for a
period as long as several weeks. Surface
temperatures would plunge for a few weeks
as a consequence, perhaps by as much as 11°
to 22° C (20° to 40° F). The conditions of
semidarkness, killing frosts, and subfreezing
temperatures, combined with high doses of
radiation from nuclear fallout, would
interrupt plant photosynthesis and could thus
destroy much of the Earth’s vegetation and
animal life. The extreme cold, high radiation
levels, and the widespread destruction of
industrial, medical, and transportation
infrastructures along with food supplies and
crops would trigger a massive death toll
from starvation, exposure, and disease. A
nuclear war could thus reduce the Earth’s
human population to a fraction of its
previous numbers.
A number of scientists have disputed the
results of the original calculations, and,
though such a nuclear war would
undoubtedly be devastating, the degree of
damage to life on Earth remains
controversial. This explanation has explored
the concept of nuclear winter and shows
some environmental and societal
catastrophes that would happen under such
gloomy scenario.
What is Nuclear Winter?
What would happen if the world is filled with
frost and ice-cold wind. The landscape has
shifted from lush forests, teeming with life, to
a charred terrain, with only the remnants of
trees remaining. Animal carcasses have been
incinerated. In the cities, cars are torched
and buildings have crumbled. There are few
traces of human society, such as gas masks
littering abandoned buildings. Although this
may sound like a scene from an apocalyptic
movie, this is what scientists predict a
nuclear winter would look like.
Nuclear winter is an extreme theoretical
climate change that would result from
nuclear war. Although this hasn't happened
yet, there is some important evidence
predicting what the bleak results of a full on
nuclear war would look like.
The consequences of intense fire, heat and
blast damage, and radiation have been
known to scientists since the development of
nuclear weapons. However, it was only in the
1970's that scientists began exploring the
drastic climate changes that would result
from nuclear war. Through these studies,
scientists realized that the effects would be
long lasting. Frost and famine would
eventually wipe out billions of people that
were nowhere near the blast site.
When was the last nuclear war?
In1945, the last nuclear war was in the
world. During the final stages of
World War II in 1945, the United States
conducted atomic raids on the Japanese
cities of Hiroshima and Nagasaki, the first on
August 6, 1945, and the second on August 9,
1945. These two events were the only
times nuclear weapons have been used in
combat.
Nuclear winter has following adverse effects:
1. Climate Change
First, there would be a devastating drop in
temperature from the dust released during
the explosions. It would rise into the
atmosphere, carried by winds, and create a
belt around the globe. The dust would block
out the sun, our source of heat. As a result
global temperatures would drop drastically.
Also, fuel, plastics and other harmful
chemicals in the cities would be ignited by
the explosions and fire storms, releasing
toxic chemicals into the air. All of these
different chemicals could damage the ozone
layer, which shields us from the sun's
harmful radiation.
Winds carrying these chemicals would affect
the entire globe, not just the targeted area.
The result of these chemical and dust clouds
would be a drastic cooling of the Earth. A
recent study suggested that even in summer
months, temperatures in North America
could drop by 34 degrees Fahrenheit every
year, for as long as a decade.
2. Lost of food Sources
The drastic temperature change, along with
the high levels of radioactivity and fire,
would devastate any agricultural production.
Grains, vegetables and farm animals, as well
as natural forests, would cease to exist. The
poisons released from burning chemicals,
radiation levels, and climate change would
make most of the earth inhospitable to crops
and livestock. Our oceans would also be
poisoned with radioactivity, and fish would
no longer be edible.
3. Loss of civilization
Civilization across the world would cease to
exist. Trains, buses, airports and roads in
major cities would be destroyed by the blast
and its after-effects. There would be little
transportation throughout the country, and
people would need to rely on local food and
water sources, instead of the cross-country
food sources available now. Infrastructure
would also be wiped out. Local government
buildings would crumbled.
4. Long term climatic effect
A study presented at the annual meeting of
the American Geophysical Union in
December 2006 found that even a small-
scale, regional nuclear war could disrupt the
global climate for a decade or more. In a
regional nuclear conflict scenario where two
opposing nations in the subtropics would
each use 50 Hiroshima-sized nuclear
weapons (about 15 kilotons each) on major
population centers, the researchers estimated
as much as five million tons of soot would be
released, which would produce a cooling of
several degrees over large areas of North
America and Eurasia, including most of the
grain-growing regions. The cooling would
last for years, and, according to the
research, could be "catastrophic".
5. Ozone depletion
Nuclear detonations produce large amounts
of nitrogen oxides by breaking down the air
around them. These are then lifted upwards
by thermal convection. As they reach the
stratosphere, these nitrogen oxides are
capable of catalytically breaking down
the ozone present in this part of the
atmosphere. Ozone depletion would allow a
much greater intensity of harmful ultraviolet
radiation from the sun to reach the ground.
[57]
A 2008 study by Michael J. Mills et al.,
published in the Proceedings of the National
Academy of Sciences, found that a nuclear
weapons exchange between Pakistan and
India using their current arsenals could
create a near-global ozone hole, triggering
human health problems and causing
environmental damage for at least a decade.
[58]
The computer-modeled study looked at a
nuclear war between the two countries
involving 50 Hiroshima-sized nuclear
devices on each side, producing massive
urban fires and lofting as much as five
million metric tons of soot about 50 miles
(80 km) into the stratosphere. The soot
would absorb enough solar radiation to heat
surrounding gases, increasing the break
down of the stratospheric ozone
layer protecting Earth from harmful
ultraviolet radiation, with up to 70% ozone
loss at northern high latitudes.
6. Nuclear summer
A "nuclear summer" is a hypothesized
scenario in which, after a nuclear winter
caused by aerosols inserted into the
atmosphere that would prevent sunlight from
reaching lower levels or the surface, [59] has
abated, a greenhouse effect then occurs due
to carbon dioxide released by combustion
and methane released from the decay of the
organic matter and methane from dead
organic matter and corpses that froze during
the nuclear winter.[59][60]
Another more sequential hypothetical
scenario, following the settling out of most of
the aerosols in 1–3 years, the cooling effect
would be overcome by a heating effect
from greenhouse warming, which would
raise surface temperatures rapidly by many
degrees, enough to cause the death of much
if not most of the life that had survived the
cooling, much of which is more vulnerable to
higher-than-normal temperatures than to
lower-than-normal temperatures. The
nuclear detonations would release CO2 and
other greenhouse gases from burning,
followed by more released from the decay of
dead organic matter. The detonations would
also insert nitrogen oxides into the
stratosphere that would then deplete
the ozone layer around the Earth. This layer
screens out UV-C radiation from the Sun,
which causes genetic damage to life forms on
the surface. As the temperature rises, the
amount of water in the atmosphere would
increase, causing further greenhouse
warming of the surface, and if it rose enough,
it could cause the sublimation of methane
clathrate deposits on the sea floor, releasing
huge amounts of methane, a greenhouse gas,
into the atmosphere, perhaps enough to
trigger runaway climate change
Other hypothesis that nuclear winter might
give way to a nuclear summer. The high
temperatures of the nuclear fireballs could
destroy the ozone gas of the middle
stratosphere.
What is Nuclear Winter?
The concept Nuclear winter can be
summarized as follows:
- Nuclear winter is a theoretically deduced
state which some scientists believe would
exist after a nuclear war involving major
atmospheric nuclear explosions.
- The devastation caused by the blast
combined with the heat generated from the
resulting fires, and the death of plants and
animals as a result of radioactive fallout
would lead to a major increase in the
particulate matter in the atmosphere.
- The lower atmosphere would become so
opaque that the transmission of solar energy
would be prevented, leading to a substantial
lowering of the average air temperature.
- As the particular matter was removed from
the atmosphere by gravitational fallout then
so the nuclear winter would retreat.
v. It has following effects:
1. Climate change 2. Loss of food source
3. Loss of civilization 4. Long climatic effect
5. Nuclear summer
During the first World War, Germany,
Austria, Hungary and Italy were in a group
whereas Britan, France, Russia were in
another group in the battle. Millions of army
and people had lost their life and property.
Just after the First World War, Spanish flu
(1918 – 1920 AD) was a result of nuclear
winter in which 5 – 10 crores people died. In
India almost 80 lakhs (millions), 40 – 94
lakhs in china, 15 lakhs in Indonesia, 9 – 25
lakhs in Iran, 6 lakhs 75 thousands in USA
and 4 lakhs in Japan died because of Spanish
flu which was the result of nuclear winter.
National Attempt:
Nepal has not done remarkable work but
became a party on it in 7, October 1964 of
the Treaty banning Nuclear Weapon Test,
1963.
International Attempt:
Treaty banning Nuclear Weapon Test, 1963.
But, no country has stopped their actions of
preparing and testing such weapons.
Assignment: Naux (9)
What is meant by nuclear winter? Mention
some of its direct and indirect effects and
also present some mitigational measures to
control it.
1.4.8 Atmospheric Pollution
A. Atmosphere
What is meant by atmosphere?
The synonyms word of atmosphere are " air,
aerospace, sky, the heavens, ambience, aura,
mood, feel, character etc.
In Nepali word, the terminology
"atmosphere" has the meaning
"WAATAWARAN" and Samskrit meaning is
"BAAYUMANDAL" whereas the Nepali meaning
of the term "environment" is "PARRYAWARAN".
In Esperanto language, environment is called
"Medio".
The word atmosphere has also taken from
two famous Greek words, namely; ἀτμός
(pronounced as "atmos"), the meaning of
which is 'vapour', and σφαῖρα ( pronounced
as sphaira), the meaning of which is 'ball' or
'sphere'. In Esperanto, atmosphere is called
"ATMOSFERO". Thus, atmosphere is a layer or
a set of layers of gases surrounding a planet
or other material body, that is held in place
by the gravity of that body. The meaning of
atmosphere has also be presented as the
gaseous envelope of a celestial body (such as
a planet) or as a whole mass of air
surrounding the earth. What do you mean by
"the air of a locality the stuffy atmosphere of
the waiting room"?
Earth's atmosphere has a series of layers,
each with its own specific traits. Moving
upward from ground level, these layers are
named the troposphere, stratosphere,
mesosphere, thermosphere and exosphere.
The exosphere gradually fades away into the
realm of interplanetary space.
Indeed, the atmosphere of Earth is the layer
of gases commonly known as air, retained by
Earth's gravity, surrounding the planet Earth
and forming its planetary atmosphere. The
atmosphere of Earth protects life on Earth by
creating pressure for liquid water to exist on
the Earth's surface absorbing ultraviolet
solar radiation, warming the surface through
heat (retention Green House Effect)and
reducing temperature extremes between day
and night (the diurnal temperature variation)
By volume, dry air contains nitrogen
78.09%, oxygen 20.95%, argon 0.93%,
0.04%, and small amounts of other
gases. Air also contains a variable amount of
water vapour, on average around 1% at sea
level, and 0.4% over the entire atmosphere.
Air composition, temperature, and
atmospheric pressure vary with altitude, and
air suitable for use in photosynthesis by
terrestrial plants and breathing of terrestrial
animals is found only on the atmosphere of
Earth and in artificial atmospheres. Earth's
atmosphere has changed much since its
formation as primarily a hydrogen
atmosphere, and has changed dramatically
on several occasions—for example, the Great
Oxidation Event, 2.4 billion years ago,
greatly increased oxygen in the atmosphere
from practically no oxygen to levels closer to
present day. Humans have also contributed
to significant changes in atmospheric
composition through air pollution, especially
since industrialization, leading to rapid
environmental change such as ozone
depletion and global warming.
It has been accepted that the atmosphere has
a mass of about 5.15×1018 kg, three quarters
of which is within about 11 km (6.8 mi;
36,000 ft) of the surface. The atmosphere
becomes thinner and thinner with increasing
altitude, with no definite boundary between
the atmosphere and outer space,
The Kármán line, at 100 km (62 mi), or
1.57% of Earth's radius, is often used as the
border between the atmosphere and outer
space. Atmospheric effects become
noticeable during atmospheric reentry of
spacecraft at an altitude of around 120 km
(75 mi). Several layers can be distinguished
in the atmosphere, based on characteristics
such as temperature and composition.
The study of Earth's atmosphere and its
processes is called aerology or atmospheric
science, and includes multiple subfields, such
as climatology and atmospheric physics.
Early pioneers in the field are Bort and
Assmann. The study of historic atmosphere is
called Paleoclimatology.
Atmosphere has following five layers:
i. Troposphere/Weather layer (0-16 km.)
living things are rich in this layer.
ii. Stratosphere/Protective layer/Middle
Atmosphere: (16-50 km.),
iii. Mesosphere/Middle atmosphere:(50-
80km),
iv. Thermosphere /Upper atmosphere: (80-
720 km.),
v. Exosphere/Fringe region: (above 720 km)
The atmosphere is the protective cover of
gases which surrounds the earth. Atmosphere
is composed of nitrogen, oxygen, argon,
carbon dioxide and other trace gases.
Atmosphere helps in the following way:
1. Helps to sustain life on the earth.
2. Saves from the hostile environment of
outer space.
3. Absorbs most of the cosmic rays from
outer space and major portion of the
electromagnetic radiation from the sun.
4. Transmit only ultraviolet, visible, near
infrared radiation (300-200 nm) and radio
waves (0.14-40 m) while filtering out tissue
damaging ultraviolet waves below about 300
nm.
B. Atmospheric pollution
The term Atmospheric pollution is the
presence of undesirable materials in
the heaven (air) in quantities large enough
to produce harmful effects.
Air pollution is caused by solid and liquid
particles and certain gases that are
suspended in the air. These particles and
gases can come from car and truck exhaust,
factories, dust, pollen, mold spores,
volcanoes and wildfires.the main
international principle is "PPP – Polluter
Pays Principle."
There are four main types of air pollution
sources:
i. Mobile sources – such as cars, buses,
planes, trucks, and trains.
ii. Stationary sources – such as power
plants, oil refineries, industrial facilities, and
factories.
iii. Area sources – such as agricultural
areas, cities, and wood burning fireplaces.
Atmospheric pollution means pollution in all
layers (Troposphere/Weather layer (0-16
km.): living things are rich in this layer),
Stratosphere/Protective layer/Middle
Atmosphere: (16-50 km.),
Mesosphere/Middle atmosphere: (50-80km),
Thermosphere /Upper atmosphere: (80-720
km.), Exosphere/Fringe region: (above 720
km) of atmosphere. That's why atmospheric
pollution refers environmental pollution.
Environment regulates the life of the
organisms including human beings. In
other words environment refers to those
surroundings that surrounds living beings
from all sides and affect their lives in total. It
consists of atmosphere, hydrosphere,
lithosphere and biosphere. Atmospheric
pollution has been degraded the
environment.
Environmental degradation is regarded as a
main cause of atmospheric pollution of our
surroundings. Environmental Degradation is
the destruction or any change in the actual
structure of physical aspects of the
environment like air, water, land and soil.
There are two causes of environmental
degradation:
a. Human activities:
We human beings are using natural
resources excessively to fulfill our
requirement and also conducting various
development related activities due to which
environment is getting degraded. Following
are the causes of environment degradation
under human activities:
(i) Deforestation: Forest is very important
natural resource. It is the habitat for various
animals. We collect various things like
timber, firewood, medicinal herbs, grass,
fodder, etc. from the forest to fulfill our
needs. Forest products are also used as raw
material for various industries. Forest
resources are excessively used to fulfill the
needs of growing population. Due to this,
forest is getting destroyed which is called
deforestation.
The following are the causes of deforestation
- cutting down trees for settlement.
- forests are cleared to make agricultural
land.
- deforestation also occurs due to over
grazing of animals.
- forest fire is another cause of deforestation.
- Industrialization.
- various construction works.
- over use of forest products.
- due to flood, soil erosion and landslide, etc.
Deforestation has directly affected the
environment. It creates an imbalance in
environment. It disturbs in ecosystem and
ecological balances.
(ii) Urbanization:
(iii) Industrialization:
(iv) Pollution: Land, Water, Air and Sound.
b. Natural activities:
Natural disasters like flood, erosion,
landslide, snowfall, earthquake, tsunami,
volcanic erosion are the natural causes of
environmental degradation.
Assignment – Dek (10)
1. What is meant by pollution? Give the meaning of atmospheric pollution in your
words. Explain the effects of it.
2. Define the term pollutant? Enlist the 10 Causes of each Air, Water, Land and
Sound pollution.
3. What are the causes of pollution? Mention measures of controlling pollution.
4. Give the meaning of the term environmental sanitation in your own words with
some examples.
5. Discuss about the measures of controlling Atmospheric Pollution.
1.5 Loss of biodiversity: Depletion of
Cultural Heritage, Energy Issue and Food
sovereignty issues [ start sec . B here]
1.5. A. Concept on Biodiversity
Earth is the habitat of large number of living
beings including plants, animals, birds and
micro level organism. Diversity is found
among these organism. Such differences or
diversities in ecosystem are considered as
biodiversity. It includes ecosystem, genetic
and species diversity. Biodiversity of a
location refers to a total number of living
beings and ecosystem per unit of land. It
refers to a total number of living organism of
the earth and their diversities. In this regard,
biodiversity can be defined as verity and
variability of all living organisms and the
ecological complexes in a given region
(habitat).
Biodiversity can be defined into three levels:
First level: species diversity,
Second level: genetic diversity
Third level: ecosystem diversity.
Different species of plants and animals such
as man, elephant, bird, maize, pulse, potato,
species of bacteria and virus are included in
species diversity. There is a numerical
counting of species. Ecosystem provides the
habitat for the living organisms. Living
beings spend their lives according to the
capacity of adaptation. Biodiversity is
occurred by the structure of ecosystem.
Growth, Survival and development of the
organisms are controlled by genes. Living
beings have their own heredity qualities
because of which they can adjust in their own
existing environment.
Biodiversity has the variation according to
geographical region. Some living beings are
found on land, some in the water and the
other in the atmosphere. Similarly some
plants are found in lithosphere and some are
found in the hydrosphere. Biodiversity has
been maintained because living beings can -Other vegetation
adjust themselves according to the -Other living beings.
geographical conditions. There is a special
relation among the living organisms if one is Second level: genetic diversity
disturbed, the whole structure of living -Richness in variety and variability of
beings can be affected. For example, if organisms within the single species.
deforestation takes place, the system of
-Clouded Leopard, snow leopard, common
vegetation, plants, wildlife and other living
leopard, etc.
beings will be adversely affected.
Third level: ecosystem diversity.
Biologists most often define biodiversity as
the totality of genes, species and ecosystem -Richness in variety and frequency of distinct
of a region. ecosystem including the variation in habitats.
Leopard, elephant, tiger, etc.
The Division of Biodiversity can be classified
in the following form: - Grass ecosystem,
First level: species diversity, - Forest ecosystem,
-Richness in variety and variability of - Desert ecosystem,
organisms between the species. - Marine ecosystem,
-Leopard, elephant, tiger, etc. - Land ecosystem,
-Agricultural vegetation -Crop land ecosystem
-Mountain ecosystem etc.
i. Ecosystem Diversity
ED maintains the diversity of a place at the
level of ecosystems. It refers to the variety of
habitat types and ecosystem processes
extending over a given region. ED can be
defined as:
“The variety and frequency of distinct
ecosystems including the variability of
habitats, biotic communities and ecological
processes in the biosphere”.
Ecosystem diversity encompasses the broad
differences between ecosystem types and
diversity of habitat and ecological process
occurring within each ecosystem type. There
are glaciers in Mountain region. Similarly.
Lakes, ponds, cool places and wetlands in
various places. There are small and large
eco systems in various places containing
land and water ecosystems. The wetland
ecosystem has more significance for the
growth and conservation of biodiversity.
ii. Genetic Diversity
Among the vegetation, plants and animals
living on the earth, there are some
differences. It is due to the genes within the
nucleus of cells found in their offspring.
Thus, inherited characters of living beings
help to maintain biodiversity.
Genetic diversity is a level of biodiversity
that refers to the total number of genetic
characteristics in the genetic makeup of
species. Genetic diversity occurs within and
between population of species as well as
between species. It covers genetic variation
between distinct populations of same species.
Chromosomes, genes and DNA determine the
uniqueness of each individual and each
species. Genetic diversity can be measured
within a variety of DNA and other
techniques. Hence, genetic diversity can be
defined as: the range of genetic variation
and variability found within the population of
single species and between the species in a
given region (habitat). 4. Sarpaganda (Rauwolfia Serpentina)
iii) Species Diversity 5. Jatamasi (Nardostachys grandiflora)
Some major species of plants in Nepal are as Plant group World Nep
al
% Animal
groups
Wor
ld
Nep
al
%
6.
follows:
1. Shrikhanda (Santalum album) Gymnosper 529 28 5.1 Mamma 4,00 181 4.5
m ls 0
2. Rudrakshya (Elaeocarpus sphaericus) Angiosper
m
2,20,0
00
585
6
2.7 Aves 9,04
0
852 9.3

Mosses 380 Reptile 6,30 100 1.6

3. Rakta chandan (Daphniphylum Lichen 2,000 465 23.25 Amphib
0
4,18 43 1.0

himalensis) Algae 26,00 687 2.6

ian
Fish
4
18,1 182 1.0
0 50
Fungi 69,00 1,8 2.6 Butterfl 24,6 640 2.6
0 22 y 15
Bryophytes 16,00 853 5.1 Spiders 73,4 144 0.2
0 00
Pteridophyt 11,30 380 3.4
es 0

Yarsagumba (Cordyceps sinensis)

7. Chap (Michelia champaca)
8. Sal ( Shorea Robusta)
 Animals, Birds and other Species of the world Species of the Percent of
9. Satisal (Dalbergia latifola) living beings Nepal Nepal

Nepal has covered 0.01% of the land in the Insects 9,00,000 4,438 4.48

earth. 72% area covered by water is not Butterfly

Spider
24,615
73,400
640
144
2.6
0.2

included. If it is included the percent Fish

Amphibians
18,150
4,184
182
43
1.0
1.0

becomes 0.03%. It has different land Reptiles

Aves (Birds)
6,500
9,881
100
852
1.53
8.6

topography and climate. There has been Mammals 4,327 181 4.2

created differences in ecosystem because of source of these foods is the agricultural

it. Hill ecosystem has much diversity while
comparing to the plants and animals. In this
regard, Nepal is rich in species diversity.
Species diversity refers to the variety of
species within a specific ecological area. A
species can be defined as a group of similar
organisms that reproduce by inter breeding
within the group. Reproduction takes place
within the members of same species. Aspects
of species diversity can be measured in a
number of ways. Most of these can be
classified into three types: species richness,
species abundance and species taxonomic or
phylogenetic diversity.
biodiversity. In the ancient time, people
brought useful species from forest and
cultivated to produce food for them. Then
they selected best seeds to get high yield.
These processes contributed in the
development of best agricultural crops,
which are the source of food for people.
b) Animal products
Animals are the sources of milk, meat, eggs,
labour and other raw materials. Fish is
another source of food. Birds are the beauty
of nature. They can be used for food and for
other purposes also. Dogs are pet animals.
Some medicines are made by using some
animal products. People can conduct animal
farming to produce more products. Thus, all
the animal products are the product of
biodiversity.
c) Plant products
Plants are the sources of food. Flowers and
raw materials are either obtained from
forests or from agricultural land. Industries
use leaves, barks, fruits and materials for the
production of papers, clothes and other
useful materials. Several species of
mushrooms, medicinal herbs, fruits,
vegetables and plant products are collected
and marketed. Plants have the economic
value in improvement of living standard of
the people.
d) Improvement of breeds
Animals and plants are used for breeding to
produce new varieties. It is for improving
their production and quality. Wild animals,
Birds, and other living beings are valuable
sources. That can be used for breeding. This
breeding can help to improve the quality of
the established domesticates, they can be
crossed to generate new varieties in the
world. These improve varieties or Hybrids
produce high yield of excellent quality.
e) Conservation of Soil
Land is one of the important natural
resources. Soil erosion deteriorates the
quality of land. Vegetation is the basic
ground that protects the land. The vegetation
and plants conserve the moisture of the land.
Their roots contribute to keep together the
particles of soil.
f) Conservation of watersheds
The vegetation and plants contribute in
conservation of sources of water. Plants
absorb water and help to remain in the soil.
The plants also speed down the evaporation
process. Thus, there is a close relationship
among the biodiversity, water sources and
watershed.
g) Natural beauty
Nature is full of BD. The plants and animals
in the nature have their own habitat and
lifestyles. There is diversity of plants and
animals to keep the beauty of nature. Thus,
BD has contributed to make the most
valuable natural scene.
h) Income generation
Yet BD has also great importance as a direct
source of income and economic development.
One example is “Bio – prospecting” (The
search for previously unknown biotic
products of specific utility, such as natural
pesticides, antifungal toxins and oil – eating
enzymes). Proper way of preservation and
commercialization of bio – logical resources
helps to promote the scope of income
generation.
i) Development of Tourism
The places in and around the Mountain, Hill
and Terai region have own natural
environment. There are different species of
plants, flowers, animals, birds, insects etc. in
these places. The richness and adundance of
biodiversity have maintained natural beauty
in various places of the country. These
natural beauties in different parts of the
country may promote the flow of tourists and
eventually it may provide background to
development process of tourism sector. After
all, the development of eco – tourism helps Innovative knowledge and information are
the local people to improve their standard of the basic aspects for the exploration and
living. enrichment of BD. Therefore, it is essential
j) Function of natural ecosystem to conduct research and study on different
aspects of BD for the economic and social
BD plays a significant role in the functioning development of human kind. The knowledge
of natural ecosystem. Different species of and skills acquired from the research and
living organisms and nonliving components study should be utilized for the preservations
of the environment of the given habitats are and promotions of living organisms and their
its inseparable parts. Hence, BD contributes habitats. The research and study in BD can
to regulate the natural process lie water be a great contribution for the welfare of all
cycle, food cycle, flow of energy, recycling of the creatures including human beings.
carbon, Nitrogen, oxygen and ecological
processes and functions. Besides this, it also Species Species in Species in Percent
world Nepal
helps to maintain the balance in temperature,
Insect 750000 5000 0.17
precipitation, moisture, productivity of soil Butterfly 5000 656 4.2
etc. Therefore, BD has a significant role in Reptiles 6500 100 1.5
Birds 9883 847 1.5
human life system and natural ecosystem. Mammals 4327 181 4.2
Flowering plants 5175 2.07
k) Study and research
 1. Assami Mnkey 2. Salak
3. Wild Wolf 4. Pygmy Hog
1.5. B. Loss of Biodiversity 5. Wild Ass 6. Hispid Hare
What is meant by Loss of Biodiversity? 7. Genetic Dolphin 8. Black Buck
Nepal is also called mini zoo of the world. 9. Snow Leopard 10. Musk Dear
The highland of Nepal is also called third 11. Wild Buffalo 12. Wild Elephant
pole. The chart shows the biodiversity of
Nepal. Nepal covers 0.03% land of the world 13. One-horned Rhino 14. Wolf
whereas it covers 2% in biodiversity. ii. Birds:
Thebiodiversity of Nepal has been divided in 15. Black Stork 16. White necked stork
three groups;
17. Crane 18. Impeyan Pheasant
(a) Endangered species
19. Hornbill 20. Cheer pheasant
(LOP HUNA LAAGEKA PRAJAATIHARU)
21. Danphe 22. Munal
Endangered species are those species which
are going to be disappear soon. Some 23. Crimpson-horned pheasant
examples are listed as follows: iii. Reptiles:
i. Mammals: 1. Python 2. Crocodile (Gharial)
3. Sun Gohoro Rare species are those species which are in
(b)Vulnerable species very few in number. Some examples are as
follows:
(LOP HUNE DAR VAYEKAA PRAJAATIHARU)
Vulnerable species are those species which i. Mammals
are going to be decrease in number. Some Langoor, Deer
examples are as follows:
ii. Birds
i. Mammals
Danfe, munal
List some name yourself.
iii. Reptiles
ii. Birds
Red snakes
List some name yourself.
How to save biodiversity?
iii. Reptiles
To save biodiversity, Nepal has managed 10
List some name yourself. National Parks, 3 wildlife conservation
(c)Rare species areas, 5 protection area , 1 hunting area.
(DURLAV PRAJAATIHARU)
S. Name Are District Features Special
N a in /place animal
(N.P)-
sq.k
establishe
m
d date
All the parks concerned area has covered
20,273 sq. km. area of Nepal. Earth is the
home of 3 Crores species of living organism
including unicellular to multicellular
organism. There are 2, 50, 000 species of
plants in the world which are going to
disappear very soon. More than 50,000
species of plants are going to disappear in
coming 30 years.
According to government of Nepal, IUCN-
International Union for Conservation of
Nature and Natural resource (1998) has
declared that 10 species of trees, 6 species of
fibre plants, 6 species of fruits, 4 species of
herbs(medicine) and 50 species of other
common plants will disappear very soon. As
a result 200 species of birds, 40species of
mammals, 20 species of reptiles and
amphibians will disappear very soon.
The chart shows the National parks of Nepal,
Wildlife conservation area. It is well
remarked here that Dhorpatan hunting
reserve area was established in 2044 B.S
covering the land of Baglung,Myagdi, Rukum
with area 1325sq.km where from specified
weapon under certain specified paid fee
animal can be hunted legally.
1.5. C. Disappearance of species
Species is an assemblage of similar
individuals (animal or plants) alike is
fundamental structural and functional
characteristics which can breed amongst
themselves to produce fertile offspring and
have a common ancestry.
The life of species depends on adaptation
nature. The unsuccessful living organism in
adaptation disappear. The organism should
be equipped with certain means or defence
tools to enable it to live successfully on the
earth and enhance its chances of survival.
The modification of a part or the complete
body of an organism that enable it to perform
special function and help it to face a
particular environmental condition are
known as adaptation.
1.5. D. Depletion of Cultural Heritage,
What is culture?
The term "Culture" is called "kulturo" in
Esperanto, "SMSKRITI" in Nepali. Culture
means the arts and other various
manifestations of human intellectual
achievement regarded collectively over a
long period of time. The ideas that you have
received, customs that you are following, the
social behaivour of an individual or of
society that you have experienced, are all
cultures. For example: The most ancient
Hindu SANATAN culture, the traditional RODHI
culture of gurung society, Afro-caribbean
culture, European culture etc.
In biology, culture means maintain and
development of tissue cells, bacteria in a
suitable conditions. Example: Many
scientists have attempted to culture biliary
cells.
In the language of law, culture includes the
charachteristics and knowledge of a
particular gropu of people, encompassing
language, religion, cuisine, social habits,
music, arts, religious laws, social laws etc. In
fact, clture is the collection of group identity
fostered by social patterns unique to the
group which has prolonged their
civilization.Generally, culture is that word
which simply refers the "way of life" of
groups of people that they share, care and
dare. Diferent peoples of the world have
distict types of culture which they prepare
from their own intellect for their survival.
Culture is thus the means of survival which
has been accepted from the group of people.
Culture can be observed in people's writing,
singing, dacing, clothing, music, cooking and
in oter realm in what they perform.No doubt,
culture is a beliefs, behaviours, objects, ways
of presentation and other features shared by
the groups of people. Some cultures place
significant values in things like ceremonial
artifacts, jewelry or even in fashaion
designing /clothing. For example: RATHYATRA
of RAATO MACHHINDRANATH, FULKO LATTHO in
THULI EKAADASHI, CHRISTMASS tree etc. can be
taken as ceremonial or cultural objects. In
addition to its such intrinsic values, culture
provides social and economic benefits also.
People come together and share their lovi
and care with improved learning and health,
increased tolerance and whatever they find
opportunities. The Customs, laws, dress,
architechtural style, social standards,
religious beliefs, and traditions are all
examples of cultural elements. Since 2010
onwards, Culture has been considerd as the
Fourth Strong Piller of Sustainable
Development bu UNESCO .UNESCO has been
emphasized on the preservation and
conservation of traditional cultures as
follows:
1. Norms (MULYE): They are informal and
unwritten rules in nature but governs social
behaviors and socity follow it strictly.
2. Language: There is no written letters of
Dura Language in Nepal but society of DURA
still follow and speak it.
3. Festivals: Our country is also famous as a
land of festivals. How many festivals are
their in Nepal?
4. Rituals and ceremony
5. Holidays: SHIVA RAATRI, LOSHAR, TIHAAR,
DASHAIN etc.
6. Pastimes
7. Food culture: DAAL, BHHAT, TARKAARI
8. Architechture: SWOEMBHU, DHARAHARA
In the words of Himalal Parajuli:
Culture, the integration of the human
intellect of history, includes (i) social
organizations - the family patterns, social
classes, social institutions, (ii) Customs and
traditions - the way people act, wear, what
they eat, and accepted laws (iii) languages -
language communication by word of mouth
(iv) Religions - religious institutions,
Buddha, muslim, shikh, chrischiyaniti (v) arts
- (vi) literatures - (v) politics - forms of
government (vi) economic systems –
socialism, capitalism, mixed (vii)
Philosophy- Hindu philosophy, Eastern
Philosophy, Western Philosophy etc.
From the above definition, the elements of
cultures can easily be listed as follow:
1. Values – beliefs, principles, important
aspects of lifestyle
2. Customs – holidays, clothing, greetings,
typical rituals and other social performances
3. Marriage and Family – ASSURYE and
MAADHURYE marriage, ASSURYE family,
MAADHURYE family (more broad language than single
and joint family)
4. Government and Laws
5. Games and Leisure
6. Economy and trade
7. Language
8. Religion
Some basic features of culture are as
follows"
1. Culture is learned behavior.
2. It is Abstract form of social behavior.
3. It is a Pattern of Learned Behaviour:
4. It is the Products of Behaviour:
5. It includes Attitudes, Values Knowledge:
6. It also includes Material Objects.
7. It is shared by the Members of Society.
8. It is Super-organic in nature.
9. It is human civilization.
10. It is the way of life.
11. It is symbol of society.
12. It is that what the man does from their
intellect.
In sum, the elements of culture are
Language, shelter, clothing, economy,
religion, education, values, climate,
goverment and laws.
Meaning of Cultural Heritages
(SAAMSKRITIK BIRAASATKO ARTHA)
The tangible assets (tangible cultures like
buildings, monuments, landscapes, books,
works of arts, artifacts etc.) , intangible
assets ( like folklore, traditions, language,
knowledge etc.) and natural heritages (like
culturally significant landscape,
biodiversity ) of a group or society whose
legacy has been inherited from past
generations to present genrations is known
as cultural heritages.All the legacies of the
past are not heritages like personal
perperties but the product of such properties
which are selected by society in common. In
American concept, the deliberate act of
keeping cultural and heritages from the
Present for the future is called as
preservation whereas in terms of British
aspects, it is conservation where cultural,
historical ethnic museums, cultural centres.
They present economc value for the local
communities owing to the attraction of
tourists from different parts of the
worlds.Anumber of international agreements
and national laws has given legal protection
of cultural properties all over the worlds
whose leading organisations are United
Nations,UNESCO, and BSI (Blue Shield
International)which integrated the nations
into United Nation's peacekeeoing process.
Legal protection of cultural property comprises a number of
international agreements and national laws. United
Nations, UNESCO and Blue Shield International deal with the
protection of cultural heritage. This also applies to the integration
of United Nations peacekeeping..
 1. Cultural property – immovable artworks
like historic places, large buildings,
…………………….. residences of ancient models, monuments etc.
Example of cultural hertages: and moveable heritages (artworks) like
books, documents, machines, clothings and
1. Roman were ruined by the leadership of Giovanni Pannini in 1751. But,
other artifacts which are worthy for
the artistic cultural heritage of the Roman Empire were served as a foundation
for later Western culture, particularly via preservation which plays significant role in
the Renaissance and Neoclassicism (are exemplified here).

2. Monarchy, of Nepal has been abolished 2066, but Narayanhiti Raaj

archaeology.tangible heritsge includes:
darbar , has been under protection as a museum in Nepal.
i. Museology
Contents
ii. Archival science
 1Types of heritage
o 1.1Cultural property iii.Art conservationiv.
o 1.2Intangible culture
o 1.3Natural heritage iv. Archaeological conservation
 2Protection of cultural heritage
 3The ethics and rationale of cultural preservation
v. film preservation
 4World heritage movement
 5National and regional heritage movements
vi. Phonograph record preservation
 6Issues in cultural heritage
 7Management of cultural heritage
vii. Digital preservation
 8Value Creation through Digitisation
 9See also
2. Intangible culture
o 9.1Digital methods in preservation : Intangible cultural heritage

"Intangible cultural heritage" consists of

Types of cultural heritages: non-physical aspects of a particular culture,
more often maintained by social customs Aspects of the preservation and
during a specific period in history. The conservation of cultural intangibles
concept includes the ways and means of include:
behavior in a society, and the often formal folklore
rules for operating in a particular cultural
oral history
climate. These include social values
and traditions, customs and language preservation
practices, aesthetic and spiritual beliefs, art
3. Natural heritages
istic expression, language and other aspects
Natural heritage" is also an important part of
of human activity. The significance of
physical artifacts can be interpreted as an a society's heritage, encompassing
act against the backdrop of socioeconomic, the countryside and natural environment,
political, ethnic, religious and philosophical including flora and fauna, scientifically
values of a particular group of people. known as biodiversity, as well as geological
Naturally, intangible cultural heritage is elements (including mineralogical,
more difficult to preserve than physical geomorphological, paleontological, etc.),
objects. scientifically known as geodiversity. These
kind of heritage sites often serve as an
important component in a country's tourist
industry, attracting many visitors from abroad
as well as locally. Heritage can also include
cultural landscapes (natural features that may
have cultural attributes).
Aspects of the preservation and conservation
of natural heritage include:
 Rare breeds conservation
 Heirloom plants
Protection of cultural heritage
There have been examples of respect for the
cultural assets of enemies since ancient
times. The roots of today's legal situation for
the precise protection of cultural heritage
also lie in some of Austria's ruler Maria
Theresa (1717 - 1780) decided Regulations
and the demands of the Congress of
Vienna (1814/15) not to remove works of art
from their place of origin in the war. [9] The
process continued at the end of the 19th
century when, in 1874 (in Brussels), at least
a draft international agreement on the laws
and customs of war was agreed. 25 years
later, in 1899, an international peace
conference was held in the Netherlands on
the initiative of Tsar Nicholas II of Russia,
with the aim of revising the declaration
(which was never ratified) and adopting a
convention. The Hague Conventions of 1899
and 1907 also significantly advanced
international law and laid down the principle
of the immunity of cultural property. Three
decades later, in 1935, the preamble to the
Treaty on the Protection of Artistic and
Scientific Institutions (Roerich Pact) was
formulated. On the initiative of UNESCO,
the Hague Convention for the Protection of
Cultural Property in the Event of Armed
Conflict was signed in 1954.[10]
Protection of cultural heritage or protection
of cultural goods means all measures to
protect cultural property against damage,
destruction, theft, embezzlement or other
loss. The term “monument protection” is
also used for immovable cultural property.
This relates in particular to the prevention of
robbery digs at archaeological sites, the
looting or destruction of cultural sites and
the theft of works of art from churches and
museums all over the world and basically
measures regarding the conservation and
general access to our common cultural
heritage. Legal protection of cultural
heritage comprises a number of international
agreements and national laws, and these
must also be implemented.[11][12][13][14][15]
There is a close partnership between
the UN, United Nations
peacekeeping, UNESCO the International
Committee of the Red Cross and Blue Shield
International.
The protection of the cultural heritage should
also preserve the particularly sensitive
cultural memory, the growing cultural
diversity and the economic basis of a state, a
municipality or a region. Whereby there is
also a connection between cultural user
disruption or cultural heritage and the cause
of flight. But only through the fundamental
cooperation, including the military units and
the planning staff, with the locals can the
protection of world heritage sites,
archaeological finds, exhibits and
archaeological sites from destruction,
looting and robbery be implemented
sustainably. The founding president of Blue
Shield International Karl von
Habsburg summed it up with the words:
“Without the local community and without
the local participants, that would be
completely impossible”.[17][18][19][20]
The ethics and rationale of cultural preservation
Objects are a part of the study of human
history because they provide a concrete basis
for ideas, and can validate them. Their
preservation demonstrates a recognition of
the necessity of the past and of the things that
tell its story.[21] In The Past is a Foreign
Country, David Lowenthal observes that
preserved objects also validate memories.
While digital acquisition techniques can
provide a technological solution that is able
to acquire the shape and the appearance of
artifacts with an unprecedented
[22]
precision in human history, the actuality
of the object, as opposed to a reproduction,
draws people in and gives them a literal way
of touching the past. This unfortunately poses
a danger as places and things are damaged
by the hands of tourists, the light required to
display them, and other risks of making an
object known and available. The reality of
this risk reinforces the fact that all artifacts
are in a constant state of chemical
transformation, so that what is considered to
be preserved is actually changing – it is
never as it once was.[23] Similarly changing is
the value each generation may place on the
past and on the artifacts that link it to the
past.
Classical civilizations, and especially the
Indian, have attributed supreme importance
to the preservation of tradition. Its central
idea was that social institutions, scientific
knowledge and technological applications
need to use a "heritage" as a "resource".
[24]
Using contemporary language, we could
say that ancient Indians considered, as social
resources, both economic assets (like natural
resources and their exploitation structure)
and factors promoting social integration
(like institutions for the preservation of
knowledge and for the maintenance of civil
order).[25] Ethics considered that what had
been inherited should not be consumed, but
should be handed over, possibly enriched, to
successive generations. This was a moral
imperative for all, except in the final life
stage of sannyasa.
What one generation considers "cultural
heritage" may be rejected by the next
generation, only to be revived by a
subsequent generation.
World heritage movement
Significant was the Convention Concerning
the Protection of World Cultural and Natural
Heritage that was adopted by the General
Conference of UNESCO in 1972. As of 2011,
there are 936 World Heritage Sites: 725
cultural, 183 natural, and 28 mixed
properties, in 153 countries. Each of these
sites is considered important to the
international community.
The underwater cultural heritage is
protected by the UNESCO Convention on the
Protection of the Underwater Cultural
Heritage. This convention is a legal
instrument helping states parties to improve
the protection of their underwater cultural
heritage.[26][27]
In addition, UNESCO has begun
designating masterpieces of the Oral and
Intangible Heritage of Humanity.
The Committee on Economic, Social and
Cultural Rights sitting as part of the United
Nations Economic and Social Council with
article 15 of its Covenant had sought to
instill the principles under which cultural
heritage is protected as part of a basic
human right.
Key international documents and bodies
include:
 Athens Charter, 1931
 Roerich Pact, 1935
 Hague Convention for the Protection of
Cultural Property in the Event of Armed
Conflict, 1954, (with a definition of
cultural heritage item adopted by some
national law)
 Venice Charter, 1964
 Barcelona Charter, 2002 (regarding
maritime vessel preservation)
 ICOMOS
 The Blue Shield, a network of committees
of dedicated individuals across the world
that is “committed to the protection of the National and regional heritage movements
world’s cultural property, and is Much of heritage preservation work is done at the national, regional, or
local levels of society. Various national and regional regimes include:
concerned with the protection of cultural
and natural heritage, tangible and  Australia:
Burra Charter
intangible, in the event of armed conflict, Heritage Overlay in Victoria, Australia
natural- or human-made disaster.”  Brazil:
 International Institute for Conservation National Institute of Historic and Artistic Heritage

 Canada
Heritage conservation in Canada
  Chile  Iran
National Monuments Council (Chile) Cultural Heritage, Handcrafts and Tourism Organization

 China  Japan
State Administration of Cultural Heritage Cultural Properties of Japan

Egypt  Kenya
Supreme Council of Antiquities Monuments

 Estonia  Macedonia
Ministry of Culture (Estonia) Institute for Protection of Cultural Monuments
National Heritage Board (Estonia)[28]
 Malaysia
 Ghana The National Heritage Act
Ghana’s material cultural heritage
 Namibia
 Honduras National Heritage Council of Namibia
Secretary of State for Culture, Arts and Sports National Monuments Council

 Hong Kong  New Zealan

Heritage conservation in Hong Kong New Zealand Historic Places Trust

 India  Pakistan
Ministry of Culture (India) Lahore Museum of Art and Cultural History
National Archives of India Lok Virsa Heritage Museum
Archaeological Survey of India National Museum of Pakistan
Anthropological Survey of India Pakistan Monument and Heritage Museum
Culture of India
National Museum Institute of the History of Art, Conservation  Philippines
and Museology National Commission for Culture and the Arts
List of World Heritage Sites in India National Historical Commission of the Philippines
Indian Heritage Cities Network, Mysore
Heritage structures in Hyderabad  Poland
National Ossoliński Institute[29] Note: International attempt on protection of
 South Africa
HERITAGES
South African Heritage Resources Agency Rio conference 1992 had established the
Provincial heritage resources authorities following :
Amafa aKwaZulu-Natali
1. Satement of Forest Principles
Heritage Western Cape
Northern Cape Heritage Resources Authority 2. Rio Declaration
National Monuments Council 3. Agenda 21
Historical Monuments Commission 4. Framework convention on climate change

(FCCC ) and Kyoto protocol -1997
United Kingdom
Conservation in the United Kingdom 5. Convention on Biological diversity-1992 (Rio
English Heritage De Generio)
English Heritage Archive
National Trust
6. Biosafety protocol, 2000
Cadw 7. .convention on international trade in
Northern Ireland Environment Agency endangered species(CITES, 1973)
Historic Environment Scotland
National Trust for Scotland
WE HAVE IDIRECT ACTS:
1. National Parks and wildlife
 United States of America
National Register of Historic Places
conservation act, 1972 Raastriye nikunja
tathaa bannyejantu samraxen yen- 2029
 Zimbabwe
National Monuments of Zimbabwe
2. National paks and wildlife conservation
rules (Niyemaabali), 1973(2030)
3. Forest Acts, 1992
1.5. E. Energy Issue
A. Meaning and Importance of Eenergy
Energy is a form of usable power that comes
from electricity, heat, petroleum and coal. It
play a very important role in our day to day
life. It is a key to progess in nation, too.
Production of energy has a direct relation
with human comfort, economic prosperity
and infrastructural development. Hence,
energy has been an essesce of human life and
foundation of development.
Electricity is one of the main sources of
energy. It is the backbone of industrial
development in the country. We use
electricity for light, cooking, operation
heaters, refrigerators, washing machines,
irons, etc. At a large scale, electricity is used
to run big machines in industries. We may
have seen a rice or oil mill run by electricity.
Same is the case of printing press, sawing
factory and other industries. They are not
possible without electricity.
B. Sources of Energy
ii. We mainly produce electricity from
running water. However, electricity can also
produced from solar energy, vapour energy,
bio – gas energy, steam power and diesel,
solar power, petroleum/fuel, firewood, coal,
natural gas, wind, battery. Additionally,
automatic plant, petroleum products, biotic
or wasted materals can be also used to
produce energy. But hydeo-electricity is very
cheap and reliable as it is renewable.
Realizing the bigger importance and reliable
use, hydro-electricity is often reffered as
white coal. Therefore, in places where hydro-
electricity is not possible, other sources can
be used fro generationg electricity.
C. Current Situation of Hydro-electricity in
Nepal
In our country, electricity was produced for
thr first time in 1910. It was the time of
Prime Minister Chandra Shumsher. Water
was stored in a pond located in pharaping.
Then it was poured down to the lower part
and 500 kilowatt (KW) electricity was
produced. After that in 1936, 640 KW
electricity was produced at sundarijial. Few
other projects were established outside the
Kathmandu Valley too.
In all the periodic plans, the government of
Nepal has given high priority for the
development of hydro-energy. There is
seprate Ministry call Ministry of Water
Resources which looks into the matter
related to hydro-power. Under the Ministry,
the Water and Energy Commission surveys,
plans and recommends the potentialities of
establishing water power projects. According
to the survey, there is a potential of 83,000
Megawatt hydro – power in our country.
From the technical and economical point of
view Nepal can produce 42,000 MW hydro-
power. But till the date about 1000 MW has
been produced. Looking at the resources and
needs of the people, the amount of electricity
prosuced so far is not sufficient. Electricity is
available mainly in urban areas. Attempts
have been made to produce more and supply
it to all the district headquarters (if not all
rural municipalities) in near furture.
The following table shows the data of
sources of lighting the buld and lamp in
Nepal.
Key Types No.of households
1. Lighting electric bulb 3,647,746
2. Lighting the kerosene 991,510 have been started recently. At the completion
lamp of these projects, it is expected that we will
3. Lighting bio-gas bulb 15,264 have sufficient energy not only for domestic
4. Lighting solar bulb 403,504 use but also for export to neighbouring
5. Lighting bulb with other 330,170 countries.
sources
6. Not concerned 35,103 S.No Name of hydro Total
. Projects Capacity
Total 14,546,897 1. Kali Gandaki A 144 MW
Source: CBS, 2011 2. Mid-Marsyangdi 70 MW
One of the main problems in producting 3. Marsyandi 69 MW
electricity at large scale is lack of fund. A 4. Kulekhani-I 60 MW
large amount of money is needed to install a 5. Bhotekoshi 36 MW
6. Kulekhani – II 32 MW
hydro-power pant, to make a dam or to meet
7. Trishuli 21 MW
other necessary requirement. A number of
8. Chilime 20 MW
foregin agencies including the World Bank,
9. Modikhola 14 MW
Asian Developmet Bank and some developed 10. Devighat 14 MW
countries have been helping us in developing Source: NEA, 2017
hydro-power. Sonme large projects, like
Arun III, Kali Gandaki (A) and Pancheswor D. The energy issue
The rality is that Nepal's social and
economic development is being hampered
and delayed owing to the lack of inadequate
energy supply. Nepal does not have its own
reserves of gas, coal or oil. Its most
significant energy resource is water but less
than one percent of the total potential 83,000
megawattes of hydropower has been
currently harnessed. The energy
problem that receives most attention, in case
of Nepal, is the link between energy access
and greenhouse gas emissions. But, it is well
known thing that the world has another
global energy problem that is just as big:
hundreds of millions of people lack access to
sufficient energy entirely, with terrible
consequences to themselves and the
environment. So far as the matter of the
current status of electricity in Nepal is
concerned, the installed capacity is 1,128.69
MW as of 2019 and over 20 %
of Nepalese remain deprived of
grid electricity. Nepal's current peak
load electricity demand in 2019 was 1,320
MW (annual energy demand increased by
9%). Biomass is also the most important
primary energy source in Nepal. Biomass
comprises wood, agricultural residues and
dung. 95 % of the biomass is predominantly
and traditionally used for cooking and
heating purposes in households. The current
peak load electricity demand of Nepal is
around 1,500 MW, according to the Nepal
Electricity Authority (NEA). This is expected
to increase to 2,379 MW by 2022 and 4,280
MW by 2030 in a business-as-usual scenario.
The best alternative source of energy in
Nepal can be solar energy which is more
reliable than traditional electricity in Nepal.
Private installations of solar
panels are more frequent in urban areas
used as a backup during the power outages.
The first hydropower project in Nepal was
commissioned on 22nd May 1911
(inaugurated by late King Prithvi Bir Bikram
Shah) in Pharping, about 10 km south of
Kathmandu, using water from two spring
sources, Satmule and Shikha Narayan3, with
installed capacity of 500 kW. Nepal
(27.7000o N, 85.3330 E coordinates,
1,47,181.6 sq. km. are, 28,608,710 total
population as in 2019, rural population 80
%,access to electricity 89.90% in 2020,
fossils fuel use 15.49 % in 2014) has not
thought about a nuclear power till now but it
has large scale of uranium in manang valley.
Nepal as a peace loving country has already
signed Nuclear-Non- Proliferation Treaty
(NPT) and Comprehensive Test Ban Treaty
(CTBT) with the commitment of
using nuclear energy in improving human
health, world peace, and prosperity and not
for military activities.
Most Nepali citizens have historically met
their energy needs with biomass, human
labor, imported kerosene, and/or traditional
water-powered vertical axis mills, yet per
capita energy consumption is thus
“startlingly low” at one-third the average for
Asia as a whole and less than one-fifth the
worldwide average. In 2010, Nepal’s
electrification rate was only 53 percent
(leaving 12.5 million people without
electricity) and 76 percent depended on
fuelwood for cooking (meaning 20.22 million
people placed stress on Nepali forests for
their fuel needs). This situation has led some
experts to call the country’s energy portfolio
“medieval” in the fuels it uses and
“precarious” in the load shedding that
occurs throughout Kathmandu, due to an
imbalance between electricity supply and
demand. Nepal, however, has all it needs to
escape these problems. Large markets for
improved cookstoves, biogas digesters, and
solar lanterns exist throughout the country.
Independent scientific studies have
calculated that the country could meet all if
its own energy needs—indeed, even the
potential needs of Nepal plus many of its
neighbors—if it tapped its solar resources or
its hydroelectric resources (and potentially
its wind resources). These efforts could be
complemented with attempts to strengthen
energy efficiency planning, with significant
potential for transmission upgrades and
retrofits and more efficient lighting practices.
Energy consumption: Biomass- 85%,
Petrolium Products – 9%, coal- 3%, Hydro-
electricity- 2%, Renewables -1%
Biogas, solar, fossil fuels, coal, wind,
electricity are major energy sources in
Neapl.
There are eleven sugar mills in Nepal
crushing approximately three million tons of
cane annually. All the mills are equipped
with bagasse cogeneration plants for captive
electricity and steam needs. Through updates
of their captive plants. Nepal’s sugar mills
could generate significant surplus power
during dry season when power generation
from hydropower projects is running low.
Even the quickly available potential from the
‘incidental’ option at 20,750 MWh/year is
more than double NEA’s current thermal
generation and would require only little
additional investment. The ‘high efficiency’
option could contribute as much as 18 % of
hydropower generation during the dry Nepalese Wind potential:
season (up to 257,886 MWh/year ). The Renewable Energy and Energy Efficiency Partnership published in
2012 Nepal has substantial wind potential in one study wth at least 200 to
300 MW of capacity possible and extreme wind speeds of 46 meters per
Nepalese hydropower potential in detail[12]: This potential was not
second in some areas recorded, with the best sites in the Mustang district
calculated by the cited paper. In fact it was done by Dr. Shrestha, as cited
(though many of these sites are remote from existing roads and
in that paper itself. This number is used bymany research papers. Could
transmission networks). A second, more thorough assessment looked at
you please clarifiy why only this paper was cited and is it okay to do that?
wind resources in the Annapurna Conservation Area and estimated at
least 716 MW of capacity within 10 kilometers of the NEA grid. A third
study done jointly by the Department of Geology at Tribhuvan
Universityand the Ministry of Physical Planning and Works found at least,
River Basin Nomber of project sites Economic potential [MW]
3,000 MW of technical wind potential and 448 MW of potential that could
Sapta Koshi 40 10,260 be quickly and commercially exploited.

Sapta Gandaki 12 5,270

Power Shortage & Load-Shedding

Karnali and Mahakali 9 25,125

The general shortage of electricity is manifesting itself in scheduled power
Southern River 5 878 cuts (so-called load-shedding), which became an incremental part of
power supply in Nepal within the last years. Especially during dry-season
Total 66 42,133
Nepal’s dependence on hydropower becomes obvious, forcing the NEA to
cut power in Kathmandu up to 16 hours per day (as in April 2011). The
The theoretical overall potential is 83,290 MW and the technical feasible situation has even worsened as only two hydropower plants with an
potential is 45,610 MW from which 42,133 MW is economically to realise.
installed capacity of 92 MW are storage types, while the rest are run-off As the construction period for new power generation projects and new
river plants.[16] import transmission capacities is very long, a rapid improvement of energy
supply cannot be expected. An emergency supply through diesel power
Follwoing figure illustrates the growing gap between electricity demand
plants is unrealistic, because of the high power generation costs
and supply and corresponds with the appearance of load-shedding. Since
associated. Therefore, the power supply crisis affects public life and
2006/07 the supply gap increased from 105 GWh to 678 GWh in 2009/10,
especially economic development negatively. Electricity provides nearly
with the temporary peak in 2008/09 with 745 GWh. Furthermore, the figure
one fourth of the total industrial energy consumption. It has to be expected
shows the seasonal fluctuations due to irregular run-off rivers. Due to
that more industrial enterprises and service providers make themselves
glacier melt and intensive rainfall during the monsoon season, electricity
independent from the unreliable public power supply by using diesel
supply almost matches the demand between June and October. However,
generators. Although this costly practice allows at least profitable
during the winter (where precipitation is far less) generation capacity
companies to maintain their business, it places a huge burden on the
decreases along with diminishing run-off rivers.
national economy as additional fuel imports will be necessary.
….
Coping with load-shedding is challenging both the industrial and Demand Forecast & Outlook
commercial sector. Despite preferential treatment of the industrial sector
(which is partly spared from load-shedding), manufacturing suffers hard According to estimations of the NEA energy demand will grow in the next

from the power crisis. Newspapers report, that manufacturing industries 17 years with an average annual rate of 8.34 %. The current demand of

have to cut their production between 25 and 80 % in peak times. Small 4430 GWh annually is expected to double until 2018 and exceed 17,400

commercial businesses are similarly affected by load-shedding, as many GWh by 2027. Along with the growing demand it is projected that system

are dependent on power and are thus forced to use generators or backup peak load will increase with similar annual growth rates, reaching 3679

systems.[17] The long-term impact of poor power supply is observable as MW in 2027.[10]

the share of manufacturing sector among GDP declined from 9 to 6 % These estimations require an immense increase in the exploitation of the
[18]
since 2000/01. vast hydropower resources in Nepal. Of the 42,000 MW of economically
feasible hydropower resources only the relatively small share of 1.7 % is
tapped.[16] Despite long term development plans targeting to reach 10,000
MW of installed capacity by 2020 (according to the 10-years hydropower
development plan), current development of the sector draw a rather
different picture.
Currently, projects with a total capacity of 547 MW are under construction.
NEA projects account for the major share (500 MW) of it. Planned and
proposed projects would furthermore increase the capacity by 1422 MW.
But considering the relatively slow deployment of new projects in Nepal, it
seems unlikely that until 2020 more than 7000 MW of capacity will be
contributed by projects that even have not been proposed until now.
Though, actions to upgrade generation capacity within the next ten years
were taken, the current situation of load-shedding is likely to persist and
may even get worse in the near future. Chamelia and Kulekhani-III with a
capacity of 30 and 14 MW respectively are expected to be completed in
2011. However, the first one is situated in the Far-Western region and is
thus unable to contribute to the major demand in the central and eastern
part of the country. If at all, relief can be expected when the Upper
Tamakoshi project is connected to the national grid. With a total capacity
of 456 MW it is expected to contribute 2281.2 GWh annually. Developed
as a PPP it is scheduled to start production in 2013/14.[10] Considering the
estimated growth of energy demand, capacity will hardly meet peak
demand even after completion of the three above mentioned projects.
Especially, in the dry seasons plants will operate far below their maximum
capacity, resulting in load-shedding or an immense increase of power
imports from India.
As all projects that are currently under construction are run-off-river types,
the Nepalese power sector will be even more dependent on seasonal
fluctuations of river flows. Furthermore, it is unclear how climate change
will affect water security in Nepal. Linked to many uncertainties, climate
change affects run-off rivers by (a) glacier retreat and (b) changes in
rainfall intensity and patterns. Projections estimate that run-off could be
reduced by 14 % due to climate change, reducing both generation
capacity and economically feasible hydropower potential.[19]
Limited financing: Inabilities to procure financing and foreign investment
are major barriers. One assessment calculated that if you take all of the
available capital in Nepali markets - this for everything, not just energy -
and directed it solely at building hydropower projects, you would not even
have enough for 200 MW. UNDP surveyed key lenders in the sector and
noted that commercial banks and financial institutions are “generally not
interested” in investing in energy. A separate evaluation commented that
Nepal lacked “long-term debt financing” for energy projects and that the
major lenders, the Agricultural Development Bank and National
Commercial Bank, have already “maxed out” their lending for microhydro,
solar PV, and biogas. A third study remarked that in Nepal, “financial
institutions are not readily motivated to invest in renewable energy
technologies because of the immature business models, market insecurity
and implementation and usage risks.”
….
Electricity Demand and Supply in the Household Sector
NEA provides approximately 1.5 million households with
electricity. The subscriber growth rate was about 10% per year in
recent years. Private households account for 43.4 % of national
electricity consumption. The average daily household consumption
is about 2 kWh which is used mainly for lighting. The other uses
being running radios, TVs and to some extent cooking and water
heating.
The electricity tariffs for households with 4 to 10 NRs / kWh
(approx. 0.04 - 0.10 EUR / kWh) are low to moderate in
international comparison. However, because of the high fixed
monthly minimum rate households are not motivated to save
electricity.
The electricity supply crises leads to cut offs that affect particularly
large numbers of consumers, especially during evening peak load
hours. The households are disadvantaged in two ways. They have to
pay a high monthly minimum rate for an unreliable supply and
moreover, they have additional expenses on lighting alternatives
such as kerosene lamps, candles or battery lighting. The increasing
use of electrical appliances such as refrigerators, water pumps, rice
cookers and water heaters lead to power supply overload. Due to the
lack of minimum standards for energy efficient appliances and a
lack of labeling of the devices regarding their electricity
consumption, private households can make no conscious purchase
decisions with regard to operation costs of the appliances. Inefficient
domestic appliances are usually cheaper than those with a higher
energy-efficiency. Therefore, costumers who have no access to
information about the operating costs usually buy the cheaper but
inefficient appliances. As a consequence, households have to bear
high operation costs, and the energy service companies have to
make higher power generation capacities available.
A social norm against collecting revenue for electricity further
inhibits the profitability of hydro schemes. Many believe
hydroelectric facilities should serve the community for free, and that
poor families should not have to pay for electricity. The problem
with this view is that it creates social opposition to charging rural
households for hydroelectricity.
Rural Electrification
Rural electrification in Nepal is very expensive due to the
topographical conditions and at the same time the purchasing power
of the consumers very low. This unfortunate combination of
obstacles is documented in the hard fact that 56.7 % of the Nepalese
population has no access to electricity. In rural arears of Nepal, 17
million peole are without electricity. [3]
State funds are insufficient to cope with the problem at hand, Public Institutions
therefore in 2003/04 GoN adopted a policy and created the
Community Electrification Program to accelerate the electrification
Several ministries have mandates affecting energy policy issues and
process. The model is that communities buy power in bulk from
the use of energy. These are the Ministry of Energy (MoE), the
NEA and manage/operate the local system through village
Ministry of Environment, Science & Technology (MoEST) and the
organizations called Community Rural Electrification Entities
Ministry of Industry. The Ministry of Forest and Soil
(CREE).The price the CREEs pay for the bulk power is lower than
Conservation (MoFSC) plays a role in the biomass sector and the
the lowest consumer tariff. The revenue can be spend for operation
Ministry of Housing (MoH) in the building sector. The Ministry of
and maintenance of the system.
Commerce and Supplies is responsible for questions regarding the
230 communities positively responded to this initiative and have use of fossil fuels.
deposited 5 % (as a pre-condition to be part of the program) of the
The Nepal Electricity Authority (NEA), the state-owned utility,
anticipated costs to the Community Rural Electrification Department
dominates the electricity sector and is responsible for all planning,
of NEA. Another 188 agreements have already been signed, and
construction, and operation of electricity supply. The NEA also acts
additional 444 community applications have been registered. 116
as the sole buyer of electricity from all IPPs, and it acts as the agent
communities have already got access to electricity under this
for all power purchase agreements for energy exchanges with India.
arrangement (20 % local contribution, 80 % grants from GoN).
The Ministry of Water Resources has the responsibility for all public
Among the 230 communities having paid 5 % already, a large
and private activities related to hydroelectricity supply. The Nepal
number will not be able to comply with their obligation to come up
Oil Corporation has a monopoly to sell and distribute all petroleum
with the remaining 15 %. In addition, the communities usually lack
products throughout the country. Apart from these three main actors,
the necessary management and technical skills to operate and
the Ministry of Energy was recently created in 2009 to “manage
manage the system properly.
Nepal’s energy sector” and “develop energy resources to accelerate
Institutional Set-up and Actors in the Energy development,” including activities such as policy design, planning,
Sector regulation, and research. It has within it a Department of Energy
Development which is supposed to ensure transparent energy
regulations and facilitate private sector involvement. The Ministry
of Environment enforces all environmental impact assessments, and
coordinates climate change adaptation and mitigation programs. The
National Development Council issues macroeconomic policy
directives to the National Planning Commission for the development
of annual and five-year plans. A Water and Energy Commission,
Water Resources Development Council, and Environmental
Protection Council all enforce regulations relating to either water
resources and permitting or environmental permitting. The
Department of Industry, lastly, plays a minor role and has been
tasked with overseeing energy efficiency audits and efforts in the
industrial sector. Though not an independent, high-level ministry,
the Alternative Energy Promotion Center (AEPC), established under
the Ministry of Environment, Science, and Technology, gets special
mention as it is the “nodal” agency for the promotion and
dissemination of all renewable energy in the country, as well as all
major off-grid electrification programs.[1]
Civil unrest lasted 11 years and stopped with the formal end of the
monarchy in Nepal and the establishment of the “People’s Republic
of Nepal” in 2006. as of November 2011, the government was still
in “crisis” without an elected Prime Minister. As a result, experts
have noted that “for the past three months, the economy has come to
a grinding halt, nothing is happening, no funds have been allocated
to Nepal Electricity Authority or to energy.” Although the new
budget published in November 2010 allocated 16.69 billion
Nepalese Rupees to power generation and transmission systems, the
Independent Power Producers of Nepal already stated that it is
insufficient to bring any projects online.[3]
UNDP has noted that “no single institution” could “provide the
horizontal alignment and necessary focus on linkages between
energy poverty” and give “overall direction to a collective pro-poor
energy strategy”. UNDP also documented a lack of
centralized energy planning, duplication of efforts resulting from
lack of coordination, and disputes between local and national
institutions over energy planning.
Nepal Electricity Authority (NEA)
The state-owned utility NEA was founded in 1985. Its task is the
generation, transmission and distribution of electricity and the
development and operation of the electricity grid. Furthermore, the
NEA is co-responsible in the preparation of energy planning and in
education and training of professionals in the field of power
generation, transmission and distribution.
The NEA cannot decide on electricity tariffs, but depends on the
decisions of the “Electricity Tariff Fixation Commission”
(EFTC). The revenues from electricity tariffs are not cost covering.
The last tariff adjustment was approved in 2001. According to its
own data, the total indebtedness of the NEA amounted to 7.1 billion
NRs (about 700 million EUR) at the end of the financial year
2007/2008.
The NEA is affiliated with the MoE. It is headed by a Board of
Directors, whose Chairman is the Minister of Energy. Further
members include the Secretary of Finance, the Managing Director of
the NEA, two representatives from the industrial / banking / trade
and consumer protection sector as well as two energy experts.
Due to the daily power cuts, the NEA is publically criticized. It tries
to bridge the gap between electricity demand and supply by
importing electricity from India. Therefore, a contract for the
provision of 150 MW was stipulated. However, due to technical
problems during transmission this capacity currently cannot be
retrieved.
Alternative Energy Promotion Center (AEPC)
The Alternative Energy Promotion Center (AEPC) was founded in
1996 to promote the development and deployment of renewable
energies and alternative energy technologies in Nepal. It is a semi-
autonomous institution formally attached to the Ministry of
Environment. AEPC acts as an intermediary institution between the
operational level NGOs / private promoters of renewable energy and
the policy decision levels in relevant ministries. It`s activities
include renewable energy policy formulation, planning and
facilitating the implementation of the policies/plans. It also
responsible for the delivery of subsidies and financial assistance for
off-grid Rural Electrification and also monitoring, evaluation and
quality control during the process of electrification projects. Beyond
that, AEPC is responsible for the standardization, quality assurance
and monitoring of RE programs
The highest body is a board with representatives from government
sector, industry sector and non-governmental organizations. . An
executive director leads the operational business. AEPC mainly
focuses its activities on rural areas. For that purpose it operates so-
called “District Energy and Environment Units” in currently 32
districts of Nepal.
AEPC receives basic funding from the Nepalese government.
Moreover, it is financed to a large extend by international
cooperation projects. Perhaps the most important project was the
implementation of the Energy Sector Assistance Program (ESAP),
mainly financed by DANIDA and NORAD. This program aimed at
improving the rural energy supply (solar home systems, small hydro
power plants, biogas plants, efficient stoves). ESAP managed the
Rural Energy Fund, which makes the partial financing of
investments in rural electrification measures possible. The German
KfW participated in the promotion of SHS with a financial
contribution to ESAP. Another important program is the Rural
Electrification Development Programme (REDP) by UNDP and
World Bank which was supporting the government in implementing
the Rural Energy Policy in all districts. The Renewable Energy
Project (REP), a joint effort by the European Union and the
government of Nepal focused on the provision of solar energy
systems in rural areas.
Currently, under the NRREP (National Rural and Renewable Energy
Programme, 2012-2017) ESAP, REDP and REP were combined
with the aim of having a single programme modality. AEPC is the
executing agency for NRREP. The programme has three
components: Central Renewable Energy Fund, Technical Support,
Business Development for Renewable Energy and Productive
Energy Use.
Furthermore, there are additional smaller projects focusing on
improved watermills, biogas and climate change adaption strategies.
►Go To Top
Water and Energy Commission Secretariat (WECS)
The Water and Energy Commission (WEC) was founded in 1975
with the aim of advancing the development of energy and water
resources in Nepal in an integral way. Six years later, a permanent
secretariat (WECS) was established, which is responsible for the
formulation of the water and energy strategy and policy of the
country as well as for the implementation of planning processes in
the water and energy sectors. Originally, WECS was
organizationally affiliated with the Ministry of Water Resources
(MoWR), which is by now merged into the new established Ministry
of Energy (MoE). The Commission consists of state secretaries of
almost all ministries and representatives of the Planning
Commission, the Federation of Nepalese Chamber of Commerce
(FNCCI), the Nepal Engineering Association, a technical university
and two experts from NGOs. Chairman is the Minister of the MoE.
The WECS has the following mandates:
 Formulation of policies and strategies in the sectors of water and
energy
 Preparation of legislative proposals in these sectors
 Coordination of policy dialogue in these sectors
 Identification of energy projects
 Analysis of the portfolio of bilateral and multilateral development
projects in the sectors of energy and water
 Energy planning and preparation of energy demand studies
Activities of Donors
Energising Development (EnDev)
Please see the regularly updated web activities of EnDev in Nepal.
Micro Hydropower Debt Fund Component - EnDev Nepal
German Government
implemented by GIZ:
Nepal Energy Efficiency Programme ((NEEP), 2009 - 2017),
Advisory towards energy efficiency
with three components: energy efficiency in markets (industries and
public infrastructure), clean cooking (with a focus on improved
cooking stoves) and policy advise on energy efficiency.
[20]
Global Sustainable Electricity Partnership (GSEP)
Energy for Education Project [21]
Project activities:
 Installation of two PV systems and construction of a computer room
(including computer) at the local schools in the Matela VDC of
Surkhet District in western Nepal and in addition distribution of small
solar home systems (clean portable lamps) to students and residents
of Matela displace the use of kerosene lamps. Fees for the use of
these lanterns and the computers, according to the beneficiary
aibility to pay, contribute to the financing of the project.
 Beautiful Nepal Association (BNA), a local NGO, and the Malika U Ma
Vi School’s Management Committee are responsible to ensure
maintenance and provide supervision to quality and sustainability.
Timeline:
 10-14th December, 2012, 29 technical training workshop on stand-
alone photovoltaic (PV) systems, participants from all over Nepal
 16 December 2012, groundbreaking ceremony
 16 April 2013, inauguration ceremony, project completed.
Key objectives:
 To demonstrate the potential of solar energy as a viable power
source for improving education in the region.
 To use the energy from photovoltaic system for lighting and to launch
a computer program in two rural schools.
 To provide clean portable small solar home systems for students and
residents of rural Matela, significantly reducing the emission of toxic
gases from the current use of kerosene lamps.

Distribution of Solar Home Systems within SE4ALL initiative[22]
GSEP, in partnership with the Global BrightLight Foundation
(GBLF), distributes already (status 03 February 2014) 5000 solar
home systems across Nepal within the SE4ALL initiative
Policy Framework, Laws and Regulations
Energy Policy
National Energy Strategy (NES)
To date, there is no “National Energy Strategy” for Nepal. A draft
forwarded to the parliament is not approved, yet. Up to now, the
energy policy objectives are set up as a part of the general 5-Year
Plans by the National Planning Commission. The energy policy of
the current 3-Year Interim Plan (2007/08 – 2009/10) deals
exclusively with electricity, and therefore development budgets are
allocated exclusively to the development of the electricity sector.
Targets for the sustainable use of energy from biomass (as the most
important primary energy source) or the efficient use of commercial
energy sources are not discussed. Likewise, no opportunities to
understand the consumer side as the addressee of an energy policy
are considered.
The objectives regarding electricity and energy in the Interim Plan
are:
 creation of an environment conductive to investment in the
development of hydropower
 ensure reliable and easily accessible electricity services for the
majority of the people in rural areas
 completion of ongoing hydropower projects adding 105 MW
generation capacity (85 MW by public sector, 20 MW by private
sector)
 initiation of construction of new hydropower projects with an
additional capacity of 2,115 MW with the objective to abandon the
practice of load-shedding in 2013/14
 provision of electricity to additional 10 % of the population (in total,
58.5 %) in 500 additional VDCs through extension of the national grid
 expansion of per capita consumption to 100 KWh
The realization of these objectives is delayed.
The tariffs and prices for electricity and petroleum products are
politically determined. They are geared to the lower limit of
acquisition costs or not cost covering at all. Tariff increase has been
denied to the Nepal Electricity Authority (NEA) since 2001.
Therefore, the electricity sale is in deficit and has to be balanced by
the state budget. In December 2011 the Nepalese Government
finally decided to hike electricity prices and from 15th of January
2012 a 20% increase in power tariffs will be in effect. However, the
minimum tariff of 80 NPR per 20 kWh per month will be left
unchanged.
From 2008 to 2010, the “Water and Energy Commission
Secretariat” (WECS) worked on a “National Energy Strategy”, in
whose regard a broad consultation process was undergoing. The
budget provided for this by the government was approximately
150,000 EUR. Furthermore, according to statements by the WECS,
the formulation of a “National Energy Policy” shall follow after the
adoption of the “National Energy Strategy”.
Biomass Energy Strategy (BEST)
In 2013 it was decided that the Alternative Energy Promotion Centre
(AEPC) and the Nepal Energy Efficiency Program (NEEP) will
prepare a Biomass Energy Strategy (BEST). The Strategy was ready
for implementation in 2014. The baseline study therefore tried to
cover a wide range of situations in both the supply and demand side
of all relevant sectors.
The specific objectives of the baseline study assignment were:
 To provide a comprehensive overview on the baseline situation of
the BE related sectors with respect to its diversity of supply sources
and end users;
 To analyze major trends over time from earlier studies and their
implications in the BE sector of Nepal;
 To analyze institutional responsibilities and challenges in the
management of the BE sector;
 To estimate the potential of savings and conservation of biomass
resource through the adoption of more efficient technologies;
 To identify possible strategic interventions to improve the
productivity and labour efficient access to sustainable biomass
energy sources and to improve the adoption and usage of efficient BE
technologies
 To provide information on cross cutting issues like governance,
poverty reduction, gender and social inclusion, health and climate
change and suggest intervention options accordingly.

Energy Efficiency Strategy (EEST)
Since 2011 WECS is drafting an Energy Efficiency Strategy (EEST)
supported by NEEP. The “efficient use of energy is a constituent of the
national energy strategy of Nepal” is one of the objectives of this
programme. Within this backdrop and the defined objective, WECS as an
implementing agency for the component is to draft National Energy
Efficiency Strategy of Nepal as a part of the “National Energy Strategy".
The approach is including the following points:
 Identify the gaps in strategy, institutions and legal/regulatory
measures to develop and adopt energy efficiency measures, and
technologies in Nepal;
 Bring in good practices in strategy, institutions and legal/regulatory
measures from more advanced countries in the South Asian regions
as well as from other regions and analyze their suitability for Nepal;
 Assessment of Energy Efficiency Potential of Nepal;
 Liaise with the relevant government agencies and undertake
consultation at relevant stages to develop ownership for the outputs of
this assignment.
 Review all relevant documents related to public and private
expenditure for energy infrastructure, demand side management and
energy efficiency for consistency. The documents may include, but not
limited to :
Institutionalizing Energy Efficiency
Nepal has been implementing energy efficiency measures for about two
decades in different scales and at different levels, but as of today, does
not have any nodal agency for addressing the issues of energy efficiency
and leading the process of promoting and improving energy efficiency. The
Ministry of Energy is currently working on the drafting of such a nodal
government agency for energy efficiency that shall lead the initiation of a
regulatory framework and facilitate the setting of energy efficiency
promoting policies.
Tariffs
To promote electricity based cooking, the government has waived the
custom duty on induction stoves in Nepal such that 700,000 induction
stoves have been imported till April 2020 in Nepal but they are mostly
concentrated in urban areas. The government is also planning to remove
 subsidies on LPG and is subsidizign electricity i.e it offers 25% discount on
the electricity bills of domestic consumers who consume up to 150 Units of
electricity every month[23].
……
ELECTRICITY ACT, 2049 (1992)
Date of Authentication and publication
Paush 2, 2049 (17 December, 1992)
An Act made for the Management and Development of Electricity
PREMABLE: WHEREAS, it is expedient to develop electric power
by regulating the survey, generation, transmission and distribute the
survey, generation, transmission and distribution of electricity and to
standardize and safeguard the electricity services.
NOW, THEREFORE, be it enacted by the Parliament in the twenty-
first year of the reign of His Majesty’s King Birendra Bir Bikram
Shah Dev;
 October 24, 2018 in ELECTRICITY ACT, 2049 (1992)
1. Short Title and Commencement:
1. Short Title and Commencement:
(1) This Act may be called “Electricity Act, 2049
(2) This Act shall come into force on such date as is Government of
Nepal may, by notification published in the Nepal Gazette, appoint.
 October 24, 2018 in ELECTRICITY ACT, 2049 (1992)
2. Definitions:
2. Definitions: Unless the subject or the context otherwise requires,
in this Act
(a) “Electricity” means electric power generated from water,
mineral oil, coal, gas, solar energy, wind energy, atomic energy or
any other means.
(b) “Hydro-electricity” means electric power generated from water.
(c) “License” means the license issued pursuant to this Act.
(d) “Consumer” means a person who obtains electricity from the
licensee.
(e) “Charges” means the fee charged to the consumer for the
electricity services rendered to them pursuant to this Act.
(f) “Licensee” means a person or a corporate body who has obtained
the license pursuant to Section 4.
(g) Inspector” means electricity inspector appointed pursuant to
Section 37 and this word also denotes Chief Electricity Inspector.
(h) “Prescribed” or “as prescribed” means prescribed or as
prescribed in the rules made under this Act.
 October 24, 2018 in ELECTRICITY ACT, 2049 (1992)
 3. Survey, Generation, Transmission or
Distribution of Electricity:
3. Survey, Generation, Transmission or Distribution of Electricity:
No person shall be entitled to conduct survey, generation,
transmission or distribution of electricity without obtaining license
under this Act. Provided that no license shall be required to be
obtained by a national or a corporate body for the generation,
transmission or distribution of electricity up to 1000 kilowatt and for
conducting necessary survey thereof. Before generating,
transmitting or distributing hydroelectricity of the capacity ranging
from 100 kilowatt to 1000 kilowatt, information to hat effect shall
be given to the prescribed officer in a manner as prescribed.
 October 24, 2018 in ELECTRICITY ACT, 2049 (1992)
 1 Comment
4. Provisions of License:
4. Provisions of License:
(1) A person or a corporate body, who desires to conduct survey,
generation, transmission or distribution of electricity, shall
be required to submit an application to the prescribed officer along
with the economic, technical and environmental study report and
with other prescribed particulars on the relevant subject.
Provided that such study report shall not be required to be included
while applying for the license to conduct the survey relating to
electricity.
(2) On receipt of an application pursuant to Sub-section (1) the
prescribed officer shall have to examine or cause to examine
necessary enquiries and shall have to issue license to the applicant
according to the format as prescribed within 30 days of receipt of
such application in case of license for conducting survey relating to
electricity
and within 120 days in as of license for generation, transmission or
distribution of electricity.
(3) A person or a corporate body, who is doing generation,
transmission or distribution of electricity prior to the
commencement of this Act, shall be required to submit an
application along with prescribed particulars to the
prescribed officer within one year from the date of the
commencement of this Act except otherwise provided in the proviso
clause of Section 3.
(4) On receipt of an application pursuant to Sub-section (3) the
prescribed officer after examining necessary enquiries, shall issue
the license according to the format as prescribed within 60 days of
receipt of such application.
 (5) In case a license desires to sell or otherwise transfer its license, it
shall be required to obtain the approval from the prescribed officer.
 October 24, 2018 in ELECTRICITY ACT, 2049 (1992)
5. Terms of License:
5. Terms of License:
(1) The term of license to be issued for the survey of electricity may
be of 5 (Five) years in maximum.
(2) The term of license to be issued for generations, transmission
or distribution of electricity may be of 50 (Fifty) years in maximum.
(3) In case a license is issued for a term less than prescribed term in
Subsection(1) or (2), it shall be required to be renewed before one
year of expiry of the term stipulated in the license.
(4) If the license is not renewed pursuant to Sub-section (3) such
license shall be void.
 October 24, 2018 in ELECTRICITY ACT, 2049 (1992)
6. Restriction of the Issuance of License:
6. Restriction of the Issuance of License: In case license has been
issued to any person or corporate body for the distribution of
electricity in any area in accordance with this Act, no license shall
be issued to any other person
or corporate body for the distribution of electricity in the same area
for the distribution of electricity in the same area for the whole term
of such license.
Provided that if the licensee is deemed to be unable to supply the
electricity as per demand of that area, license may be issued also to
any other person or corporate body for the distribution of electricity
in such area.
 October 24, 2018 in ELECTRICITY ACT, 2049 (1992)
7. Matters to be observed by the Licensee:
7. Matters to be observed by the Licensee: Matters to be observed by
the licensee in relation to survey, generation, transmission or
distribution of electricity shall be as prescribed.
 October 24, 2018 in ELECTRICITY ACT, 2049 (1992)
8. License may be Cancelled:
8. License may be Cancelled:
(1) If the licensee performs any act contrary to this Act or rules
made under this Act, the prescribed officer may issue an order to
the concerned licensee by prescribing necessary improvements to be
made on such activity within the specified period.
 (2) If the licensee makes no improvement within the prescribed
period pursuant to Sub-section (1), the prescribed officer may
cancellation of such person.
(3) Prior to the cancellation of license pursuant to Sub-section (2),
the prescribed officer shall give the licensee a reasonable
opportunity to explain one’s own innocence.
 October 24, 2018 in ELECTRICITY ACT, 2049 (1992)
9. Agreement may be Entered with the
Licensee:
9. Agreement may be Entered with the Licensee: Government of
Nepal may enter into agreement with the licensee for bulk purchase
of electricity, guarantee for the necessary capital to be invested or
other financial and technical matters.
 October 24, 2018 in ELECTRICITY ACT, 2049 (1992)
10. Ownership of Government of Nepal:
10. Ownership of Government of Nepal:
(1) The land, building, equipment and structure related to the
 October 24, 2018 in ELECTRICITY ACT, 2049 (1992)
electricity generation plant or transmission and distribution line
established by the foreign national or corporate body as more than
50 (Fifty) percent of the total investment, shall be under the
ownership of Government of Nepal after the expiry of the term as
prescribed in the license.
(2) The assets coming under the ownership of Government of
Nepal pursuant to Sub-section (1) may be purchased by the prior
licensee on the amount as assessed pursuant to Sub-section (3) for
generation, transmission
or distribution of electricity and after acquiring such asset, such
person, after entering into an agreement with His Majesty’s
Government, shall generate, transmit or distribute electricity
according to the agreement so made.
(3) Government of Nepal shall constitute a committee comprising
of at least five persons for the purpose of assessing the amount
pursuant to sub- section (2).
(4) The electricity generation plant, transmission or distribution
line established by the foreign national or corporate body as up to
fifty percent of the total investment or established without foreign
investment shall be operated
or managed by the prior licensee by entering into an agreement with
Government of Nepal after the expiry of the term as prescribed in
the license on conditions as mentioned in the agreement so made.
11. Royalty to be Paid:
 11. Royalty to be Paid:
(1) The licensee shall have to pay royalty to Government of Nepal at
a rate of Rs. 100 for each installed kilowatt of electricity per year
plus 2 percent of the average tariff per unit (per kilowatt hour) for a
term of upto fifteen
years from the date of generation of electricity for commercial
purpose.
(2) After the term specified in Sub-section (1), the licensee shall
have to pay royalty to Government of Nepal at a rate of Rs.1000 for
each installed kilowatt of electricity per year plus 10 percent of the
average tariff per unit (per kilowatt hour).
 October 24, 2018 in ELECTRICITY ACT, 2049 (1992)
12. Facilities Relation to Other Tax and
Charge:
12. Facilities Relation to Other Tax and Charge:
(1) …….∝
(2) ……..∝
(3) ……. ∝
(4) …….. ∝
(5) …….. ∝
(6) …….. ∝
(7) Customs duties and sales tax shall be levied as per the
prevailing schedule for the import of construction equipment,
machines, tools and equipment required for repair and maintenance
as well as the spare parts thereof
for hydro electricity generation, transmission or distribution which
are produced and sold by local industries. Only one percent customs
duties shall be levied for the import of materials which are not
produced in Nepal and no charge
for import license and sales tax shall be levied for such imports.
 October 24, 2018 in ELECTRICITY ACT, 2049 (1992)
13. Facility of Foreign Exchange:
13. Facility of Foreign Exchange: In case foreign currency has been
invested in the generation, transmission or distribution of
hydroelectricity as a loan or share capital, Government of Nepal
shall make available necessary foreign currency at the prevailing
market rate of foreign exchange for repatriation of investment
or repayment of principal or interest of loan.
 October 24, 2018 in ELECTRICITY ACT, 2049 (1992)
14. Facilities under the Prevailing Law
shall be Enjoyed:
 14. Facilities under the Prevailing Law shall be Enjoyed: The
licensee shall also enjoy facility pursuant to prevailing law in
addition to the facilities obtained under this Act in such a manner
that the facilities are not repeated.
 October 24, 2018 in ELECTRICITY ACT, 2049 (1992)
 25 Comments
15. Arrangement Relating to Housing and
Bonus:
15. Arrangement Relating to Housing and Bonus: Notwithstanding
anything written in the prevailing law, the arrangement of housing
and bonus of the laborer and staff associated with the work of
electricity generation, transmission or distribution shall be as
prescribed.
 October 24, 2018 in ELECTRICITY ACT, 2049 (1992)
16. Electricity Charge and Other Charges
to be Realized:
16. Electricity Charge and Other Charges to be Realized:
(1) Government of Nepal or the licensee may realize electricity tariff
or other charges as assessed pursuant to Section 17 from persons,
using such services, in consideration of the services rendered to
them.
(2) Electricity charge and other charges pursuant to Sub-section (1)
shall be realized as prescribed.
 October 24, 2018 in ELECTRICITY ACT, 2049 (1992)
17. Assessment of Electricity Tariff and
Other Charges:
17. Assessment of Electricity Tariff and Other Charges:
(1) Government of Nepal shall constitute a Tariff Fixation
Commission for the purpose of fixing electricity tariff and other
charges.
(2) The commission constituted pursuant to Sub-section (1) shall
consist of at least five persons from among the representative of the
Government of Nepal, economist and those involved in the
generation, transmission and distribution of electricity and the
consumers.
(3) The commission, pursuant to Sub-section (1), shall fix the
electricity tariff and other charges on the basis of the rate of
depreciation, reasonable profit, mode of the operation of the plant,
changes in consumer’s price index, royalty, etc.
(4) The licensee shall not entitled to realize electricity charges and
 other charges and in excess of what has been fixed or any other
charges other than those fixed pursuant to Sub-section (3).
(5) The commission pursuant to Sub-section (1) may, in order to
complete its function, call for the concerned company, person,
institution or corporate body, the necessary information and
document and it shall be their duty to give such information and
document.
(6) While fixing electricity tariff and other charges pursuant to Sub-
section (3) the commission, constituted pursuant to Sub-section (1),
may classify the types of consumer and fix the tariff accordingly.
(7) The working procedure of the commission, constituted pursuant
to Sub-Section (1), shall be as prescribed.
 October 24, 2018 in ELECTRICITY ACT, 2049 (1992)
18. Separate Tariff and Other Charge may
be Assessed:
18. Separate Tariff and Other Charge may be Assessed:
(1) Notwithstanding anything written in Section 17, one who
distributes electricity in isolation of the national grid, shall be
entitled to fix the electricity tariff and other charges for the
electricity so distributed.
(2) While fixing electricity tariff and other charges pursuant to Sub-
section (1), it may be so fixed that all investments made on
electricity generation, transmission or distribution is paid back in
average of 25 years by deducting the
depreciation cost and a dividend of 25 percent on share capital is
earned.
 October 24, 2018 in ELECTRICITY ACT, 2049 (1992)
19. Electricity Service may be Stopped:
19. Electricity Service may be Stopped:
Electricity services may be stopped in the following condition:
(a) If there is a need to inspect, repair or to perform any important
work relating to the electrical equipment and the electrical line.
(b) If there occurs natural calamities like flood, landslide,
fire, earthquake or strike, lockout, riot or any other
extraordinary circumstances which are beyond one’s control.
(c) For any consumer, who do not pay the electricity tariff and other
charges, which have to be paid.
(d) For any consumer, who utilizes electricity unauthoritatively or
utilizes electric power contrary to the terms and conditions as set
forth.
 October 24, 2018 in ELECTRICITY ACT, 2049 (1992)
 20. National Transmission Line of Grid:
20. National Transmission Line of Grid: Government of Nepal may,
by a notification published in the Nepal gazette, specify a
transmission line or grid as national transmission line or grid.
 October 24, 2018 in ELECTRICITY ACT, 2049 (1992)
21. Sale of Generated Electricity:
21. Sale of Generated Electricity:
(1) If any person desires to sell in bulk the electricity generated
pursuant to this Act, Government of Nepal may purchase or cause to
purchase such electricity to the national grid.
(2) The rate of electricity purchased pursuant to Sub-section (1)
shall be determined on the basis of fixed percentage of avoided cost
or an addition to the generation cost or fixed percentage of average
tariff of Nepal Electricity
Authority.
(3) While determining the rate of electricity purchased pursuant to
Subsection(2) calculation shall be made in such a way that the total
investment could be paid back in twenty five years in average by
deducting the depreciation cost.
 October 24, 2018 in ELECTRICITY ACT, 2049 (1992)
22. Import and Export of Electricity:
22. Import and Export of Electricity:
(1) If the licensee desiring to distribute electricity by importing the
same within the Nepal, may do so by obtaining
prior approval of Government of Nepal as prescribed.
(2) The licensee desiring to export electricity generated on its own to
the foreign country may do so by entering into an agreement with
Government of Nepal on such matter.
(3) The exporter of electricity pursuant to Sub-section (2) shall have
to pay export duty as prescribed to Government of Nepal.
 October 24, 2018 in ELECTRICITY ACT, 2049 (1992)
23. Fixing of Quality Standard of
Electricity:
23. Fixing of Quality Standard of Electricity:
(1) Government of Nepal may, by a notification published in the
Nepal Gazette, fix the quality standard of electricity,
which is generated, transmitted and distributed pursuant to this Act.
(2) While generating, transmitting or distributing electricity, the
 quality standard as prescribed pursuant to Sub-section (1) shall be
maintained.
 October 24, 2018 in ELECTRICITY ACT, 2049 (1992)
24. No Substantial Adverse effect be made
on Environment:
24. No Substantial Adverse effect be made on Environment:
While carrying out electricity generation, transmission or
distribution, it shall be carried out in such manner that no
substantial adverse effect be made on environment by way of soil
erosion, flood, landslide, air pollution etc.
 October 24, 2018 in ELECTRICITY ACT, 2049 (1992)
 25 Comments
25. Volt level and other Technical Matters:
25. Volt level and other Technical Matters:
(1) For the purpose of electricity generation, transmission or
distribution, the volt level and other technical matters
shall be as prescribed.
(2) The person who conducts electricity generation, transmission or
distribution shall maintain the prescribed standard pursuant to Sub-
section (1).
 October 24, 2018 in ELECTRICITY ACT, 2049 (1992)
26. Arrangements for Security Measures:
26. Arrangements for Security Measures: The security measures to
be adopted in the process of generation, transmission or distribution
of electricity shall be as prescribed.
 October 24, 2018 in ELECTRICITY ACT, 2049 (1992)
27. Repair and Maintenance:
27. Repair and Maintenance: If the supply of electricity is required
to be interrupted for the purpose of repair and maintenance of
electricity generation plant or transmission line or distribution line
or any other structure or due to any other reason, the licensee shall
notify the general public by publishing a notification at least Twenty
four hours in advance.
 October 24, 2018 in ELECTRICITY ACT, 2049 (1992)
28. Special Condition:
28. Special Condition:
 (1) If it is required that the generation of electricity in any area is to
be stopped due to any special circumstance or if the supply of
electricity service is to be made immediately in any area,
Government of Nepal shall issue necessary order to the person who
generates, transmits or distributes electricity audit shall be the duty
of the concerned person to obey such order.
(2) Government of Nepal shall compensate the concerned person for
the loss or damage caused due to the obeying of the order issued
pursuant to Subsection (1).
 October 24, 2018 in ELECTRICITY ACT, 2049 (1992)
29. No Nationalization to be made:
29. No Nationalization to be made:
(1) The land, building, equipment and structure related to electricity
generation, transmission or distribution shall not be nationalized.
Provided that the land, building equipment and structure related to
the generation, transmission or distribution of 1000 kilowatt or less
of hydro electricity, Government of Nepal may for the extensive
public use take over such property and develop and develop that
itself.
Explanation: “Extensive Public Use” means the use, which serves
benefits to larger population than the existing population benefited
from it.
(2) Government of Nepal shall pay compensation, as prescribed, to
the concerned person for the land, building, equipment and structure
which is taken over by Government of Nepal pursuant to the proviso
clause of Sub-section (1).
(3) The compensation payable pursuant to Sub-section (2) shall
be determined on the basis of current price (after deducting wear,
tear and depreciation) of the land, building, equipment and structure
taken over by Government of Nepal.
 October 24, 2018 in ELECTRICITY ACT, 2049 (1992)
30. Purchase of Electricity Generation
Plant etc.:
30. Purchase of Electricity Generation Plant etc.: In case where the
licensee is going to distribute electricity in an area where any person
or corporate body is already distributing electricity by generating up
to 1000 Kilowatt of hydroelectricity, such person or corporate body
who is generating hydroelectricity up to 1000 Kilowatt if desires to
sell the hydroelectricity plant, transmission and distribution line
which is operated by him/her, the said licensee shall have
to purchase such hydroelectricity plant, transmission and
distribution line on the price (after deducting wear, tear and general
depreciation) as fixed by mutual agreement.
 October 24, 2018 in ELECTRICITY ACT, 2049 (1992)
 31. Security of Electricity Structure:
31. Security of Electricity Structure:
(1) Government of Nepal may make necessary arrangement for the
security of any electricity generation plant, transmission plant,
substation, or any reservoir made for generating electricity or
any other structure related to electricity, on the request of the
licensee or by itself, if it deems it necessary to provide such security.
(2) If the security arrangement is made pursuant to Sub-section (1)
on the request of the licensee, all the expenses incurred for such
security shall be borne by the licensee.
 October 24, 2018 in ELECTRICITY ACT, 2049 (1992)
32. To Enter into Others’ Premises:
32. To Enter into Others’ Premises:
If Government of Nepal or the licensee requires to enter into
anyone’s premises in connection with survey,
generation, transmission or distribution of electricity, the employee
of Government of Nepal or the licensee may enter into such
premises only after giving a prior notice to the concerned person. In
case any loss or damage is caused due to such entry, Government of
Nepal or the licensee shall pay compensation as prescribed for such
loss or damage.
Provided that such employee may, without giving prior notice, enter
into the concerned premises to rescue from any accident or to carry
out investigation into the matter if there is a reasonable ground to
suspect that the electricity is
being unauthoritatively used or pilfered in such premises.
 October 24, 2018 in ELECTRICITY ACT, 2049 (1992)
33. Utilization or Acquisition of Other’s
Land and House:
33. Utilization or Acquisition of Other’s Land and House:
(1) If it is required that the land and house of any person be used or
acquired for the purpose of generation, transmission, or distribution
of electricity, the licensee may submit an application to His
Majesty’s Government.
(2) On receipt of an application pursuant to Sub-section (1),
Government of Nepal may, after conducting necessary inquiries into
the matter, make available such land and house in the same manner
as it makes available to any
corporate body under the prevailing laws. If the land is owned by the
 government, such premises shall be made available on lease for the
period up to the term of license.
(3) If a construction work relating to the generation, transmission, or
distribution of electricity has been preformed by Government of
Nepal or a licensee, Government of Nepal may prohibit to use the
premises of a house or land
located in the area where such construction work is performed or the
premises of a house or land located in the prescribed distance from
such place of construction by any other person for any specified
purpose. Government of Nepal or the licensee shall pay
compensation, as prescribed, to the concerned person for such
damage or loss caused due to such prohibition.
 October 24, 2018 in ELECTRICITY ACT, 2049 (1992)
 27 Comments
34. Government of Nepal may Generate
and Develop Electricity:
34. Government of Nepal may Generate and Develop Electricity:
Nothing mentioned in this Act shall be deemed to have prevented
Government of Nepal to generate or to develop electricity on its
own.
 October 24, 2018 in ELECTRICITY ACT, 2049 (1992)
 25 Comments
35. Government of Nepal may enter into
contract for Generation, Transmission or
Distribution of Electricity:
35. Government of Nepal may enter into contract for
Generation, Transmission or Distribution of Electricity:
Notwithstanding anything written elsewhere in this Act,
Government of Nepal, by entering into a contract with any person or
corporate body, may do or cause to do the generation, transmission
or distribution of electricity subject to the terms and conditions as
mentioned in such contract.
 October 24, 2018 in ELECTRICITY ACT, 2049 (1992)
 25 Comments
36. Hydro-electricity Development Unit:
36. Hydro-electricity Development Unit: In order to develop or
cause to develop hydroelectricity and to encourage private sector
entrepreneurs for the development of hydroelectricity and to follow
up the works relating to hydroelectricity development, a
Hydroelectricity Development Unit shall be constituted in
the Ministry of Water Resources.
 October 24, 2018 in ELECTRICITY ACT, 2049 (1992)
37. Appointment of Inspector:
37. Appointment of Inspector:
(1) In order to carry out inspection and supervision of generation,
transmission and distribution of electricity, Government of
Nepal may appoint Chief Electricity Inspector and Electricity
Inspector as may be necessary.
(2) The qualification required for the Chief Electricity Inspector
and Electricity Inspector shall be as prescribed.
(3) Other functions, rights and duties of the Chief Electricity
Inspector and Electricity Inspector shall be as prescribed.
 October 24, 2018 in ELECTRICITY ACT, 2049 (1992)
38. Penalties:
38. Penalties:
(1) The prescribed officer may impose a fine up to five
thousand rupees to any person who acts in contravention of this Act
or Rules made under this Act. If the damage is caused to anybody
due to such act, compensation for such damage shall also be realized
from such person by the prescribed officer.
(2) If any person generates, transmits or distributes electricity,
without obtaining the license, which is required to be obtained under
this Act, or without observing the terms and conditions set forth in
the license, the prescribed officer may impose a fine up to five
thousand rupees and cause to close such activity.
(3) ……∝
.
(4) If any person cause adverse effect, demolishes, destroys or
causes harm otherwise with mala fide intention to any electricity
generation plant or transmission center or transmission line,
distribution line or any other structure related to the same or
induces to do the said acts or attempt to do so, such person may be
punished with a fine at par with the value of the damages or
with imprisonment up to ten years or both realizing the value of
damages from such person.
 October 24, 2018 in ELECTRICITY ACT, 2049 (1992)
39. Appeal:
39. Appeal: Any person who is not satisfied with the decision of the
cancellation of license by the prescribed authority pursuant to Sub-
section (2) of section 8 or the decision on the amount of
compensation given pursuant to section 29, 32 or 33 or an order of
the punishment issued by the prescribed authority pursuant to
Subsection (1) or (2) of section 38, an appeal against such decision
 or order may lie in the Appellate Court within a period of thirty five
days.
 October 24, 2018 in ELECTRICITY ACT, 2049 (1992)
40. Power to Frame Rules:
40. Power to Frame Rules:
(1) Government of Nepal may frame necessary Rules in order to
carry out the objectives of this Act.
(2) Without prejudice to the generality of the powers conferred by
Subsection
(1), Government of Nepal may frame Rules, in particular, on the
following subjects:
(a) Matters relating to the format of application for license and
the particulars to be mentioned in the application, format of license,
terms and conditions, charges or fee and other necessary matter,
____________________________________
Delated by Electricity thief control Act,2058
Amended by Eletricity thief control Act,2058
(b) Matters relating to quality, volt level of electricity and quality
standard of service of electricity to be distributed and other
necessary technical matters,
(c) Matters relating to the construction work relating to
electricity structures and its quality standard,
(d) Matters relating to quality standard of materials and equipment
which are used for generation, transmission or distribution of
electricity and methods for using them,
(e) Qualification and function, rights and duties of Inspector,
(f) Matters relating to electricity tariff, service charge or other
charges,
(g) Matters relating to security measures to be followed
while generating, transmitting and distributing electricity,
(h) Matters, which are to be observed by customers or consumers,
(i) Accident and inquiries thereof,
(j) Other necessary matters.
 October 24, 2018 in ELECTRICITY ACT, 2049 (1992)

Rural Energy Policy, 2006
1. Background
There are huge possibilities of producing energy in Nepal. Availability of
enormous water resources and topographic situation gives rise to a
potential for 83,000 MW of hydropower of which about 43,000 MW of
power production seems to be economically and technically feasible. Till
now, where only about 563 MW has been harnessed which is mainly
consumed in urban areas, the rural and remote areas of the nation has no
access to reliable and clean energy. In the other hand, in spite of enough
possibility of producing energy in rural areas in the form of biogas, solar
energy, wind energy, improved water mill, micro and mini hydropower, it
has not been used as per the needs. In Nepal, only 160,000 biogas plants
have been installed out of the installation potential of 1.9 million biogas
plants. There has been savings in the energy consumption by installing
250,000 improved cooking stoves. Similarly, in spite of huge potential of
solar energy, only 75,000 solar home systems have been installed. With
regard to the wind energy, it has not been possible to harness its
potential. Up to now about 2,000 traditional water mills have been
improved. Only about 8 MW power is produced through micro hydro.
These efforts have made it possible to provide electricity services to
about 40 percent of the population in the country. In the rural areas, only
29 percent of the population has access to electricity. There has been
difficulty in availability of kerosene and LPG due to low purchasing power
of the people and adverse topographic condition, most rural population
are compelled to meet their energy needs through traditional energy
sources like fuel-wood, dung cake, rice husk etc. Statistics show that 77
percent of the energy demand is met by fuel wood, 9 percent by
agricultural residues and animal dung, 14 percent by imported petroleum
products, coal and electricity in the energy www.lawcommission.gov.np 2
www.lawcommission.gov.np consumption of rural areas of Nepal. Since,
86 percent of the energy consumed in rural areas comes from the
traditional sources, which results on environmental degradation and
there has been reduction in agricultural production due to reduction in
productivity of agricultural land because of use of dung and agricultural
residues. There has also been adverse impact on the health of rural
population mainly women and children because of use of traditional
energy resources. Similarly, rural children are also deprived of
opportunity of education, as they have to spend most of time in collecting
such energy source. In this context, there is ample possibility of improving
the living standards of rural population by developing environment-
friendly energy resources in rural areas by making financially affordable
to reduce dependency on traditional and fossil fuel resources. 1.1
Rationale The difficulties has been experienced in rapid extension of the
National Grid for rural electrification due to remote topography,
dispersed settlement pattern, and the limited financial resources of the
Government of Nepal. Only limited efforts have been done in providing
clean and reliable energy in the rural areas. It is necessary to create
conducive environment that shall self motivate and mobilize local
institutions, rural energy users groups, non-government organizations,
cooperatives and private sector organization for the development and
expansion of rural energy resources. In the context of Nepal’s rural areas,
clean and reliable energy technologies seem to be less expensive and
require less time to develop. Effective management of national energy
sector and energy development and expansion in rural areas shall
contribute directly in the improvement of the overall rural population’s
living standard through maintaining ecological balance, save time in
collection of fuel wood, generate additional employment opportunities,
improve health and increase access to education to rural children. This
policy has been formulated as it was felt that there is an
www.lawcommission.gov.np 3 www.lawcommission.gov.np absence of
the overall rural energy policy, although the Tenth Plan, Poverty
Reduction Strategy Paper, Millennium Development Goal, etc. provides
general guideline for the rural energy development. 1.2 Definitions and
Explanations “Rural Energy” means energy that is environmental friendly
and used for rural households, economic and social purpose such as
Micro and Mini Hydro, Solar Energy, Wind Energy, Biomass Energy, etc.
Rural energy is also known as renewable energy. 2 Goal: The overall goal
of this policy is to contribute to rural poverty reduction and
environmental conservation by ensuring access to clean, reliable and
appropriate energy in the rural areas. In order to achieve this goal, the
“Rural Energy Policy” shall have following objectives: 2.1 To reduce
dependency on traditional energy and conserve environment by
increasing access to clean and cost effective energy in the rural areas. 2.2
To increase employment and productivity through the development of
rural energy resources. 2.3 To increase the living standards of the rural
population by integrating rural energy with social and economic activities.
3 . Policies: Above objectives shall be achieved by adopting following
policies: 3.1 Emphasis shall be given to the development of the
environmental friendly Rural Energy Technologies. 3.2 The capacity of the
local bodies shall be improved by playing a leadership role in rural energy
project planning, implementation, monitoring and evaluation at
www.lawcommission.gov.np 4 www.lawcommission.gov.np the local
level and involvement of cooperatives, user groups, NGOs, private sector
shall be increased. 3.3 Rural Energy Fund shall be established at the
central level to mobilize financial resources to be availed from various
sources and fund shall be expanded to the local level as per need. 3.4
Alternative Energy Promotion Centre under Ministry of Environment,
Science and Technology, Government of Nepal shall provide necessary
support to the local bodies to develop its capacity to formulate and
implement rural energy programmes. 3.5 Emphasis shall be given in the
development of affordable and suitable rural energy resources. 3.6 An
Arrangement shall be made for increasing human resource capacity of
rural population for rural energy development through human resource
development activities that are integrated with activities of academic
institutions for skill enhancement training and awareness improvement.
3.7 Economic activities shall be implemented in integrated way for
increasing energy consumption capacity at rural level by development of
Micro and Mini Hydro, Biogas, Improved Cook Stove, Improved Water
Mills, Solar Energy Systems, etc. and expansion of the central grid. 3.8
Private sector and non-governmental organizations shall be involved in
the rural energy development for the development and expansion of new
technologies. In this activity, the role of the Government of Nepal shall be
that of facilitator and promoter. 3.9 Economic and industrial activities
based on rural energy technologies shall be encouraged. 3.10 Community
management through social mobilisation shall be encouraged in
www.lawcommission.gov.np 5 www.lawcommission.gov.np activities of
rural energy development and dissemination. 3.11 Emphasise shall be
given to increase private sector participation by motivating the
involvement of private sector in manufacturing of equipments related to
rural energy. 3.12 Economic instruments shall be used to mobilize the
capital from banks and financial institutions, internal capital market,
community capital for rural energy development. 3.13 The local body,
cooperatives, private sector, user organisation or community
management shall be encouraged to purchase and distribute electricity
from electricity production. 3.14 The efficiency of rural energy technology
shall be increased and diversification of the productive end-use shall be
encouraged. 3.15 Special emphasis shall be given to bring improvement
in social, economic and environmental aspect by coordinating rural
energy with local bodies. 3.16 The emphasis shall be given for
development and management of new technology to increase efficiency
of use of traditional energy. Similarly the emphasis shall be given for
Research and Development of rural energy technology. 3.17 Special
programmes of promotional activities shall be implemented that
emphasize on access to rural energy and role of rural energy in
sustainable development, poverty reduction and positive impacts on
women and children. 3.18 In order to ensure quality of rural energy, an
arrangements shall be made for quality standard tests and quality control
by increasing capacity of Renewable Energy Test Station. 3.19 Off-grid
and small rural energy system may be integrated mini-grid with
www.lawcommission.gov.np 6 www.lawcommission.gov.np national grid.
4. Strategies 4.1 Micro and Small Hydro Power 4.1.1 Arrangements shall
be made to encourage local groups and private sector to distribute the
electricity by producing the power up to 1000 kW in rural areas. 4.1.2
Arrangements shall be made to provide concessional loan or pay in
installment facility if local consumer groups or cooperative wants to
takeover publicly owned small hydro power projects for operation and
maintenance or own the projects. 4.1.3 Necessary arrangements shall be
made to utilize locally available skill and labour in the construction of
micro hydro projects. 4.1.4 Arrangements shall be made to provide
technical assistances also from District Development Committee for the
implementation of micro hydro projects initiated locally in rural areas.
4.1.5 Guidelines and manuals related to micro hydro projects shall be
made available to the stakeholders by revising as per needs. 4.1.6
Arrangements shall be made for the MHPs to enter into Power Purchase
Agreement (PPA) to allow power sales and purchase from the grid in the
event that the grid extends to the areas served by MHPs. 4.1.7
Arrangement shall be made for wheeling electricity in the national grid
for the community and private sector electricity projects. 4.1.8
Arrangement shall be made for bulk purchase of electricity by the
community, cooperatives and user groups from the national grid for
retailing electricity to the consumers. www.lawcommission.gov.np 7
www.lawcommission.gov.np 4.1.9 Mini and micro hydro projects shall be
integrated with irrigation, education, health, drinking water, small-scale
industry and ropeways and the operation of the projects at community
and institutional level shall be encouraged. 4.1.10 Electricity produced by
the micro hydro projects developed by private sector and community
may be leased out. 4.2 Biogas 4.2.1 Emphasis shall be given to carry out
necessary research and studies to increase efficiency, reduce cost of the
household biogas production technology, and to promote it in high
mountains. 4.2.2 Emphasis shall be given on research, development and
dissemination of community and institutional biogas plants. 4.2.3
Establishment of biogas related information centre and exhibitions would
be encouraged in coordination and support of the local institutions. 4.2.4
Use of animal dried dung, as household energy shall be discouraged. 4.3
Fuel-wood, Charcoal, Briquette, Biomass Energy, Biomass Gasification
4.3.1 Charcoal supply system shall be managed through the scientific
management of its production, distribution and uses. 4.3.2 Technology
for production of briquette, bio-fuel, biomass gasification, etc., based on
the availability of fuel-wood, paddy husk, saw dust and other agricultural
residues shall be developed and disseminated by identifying suitable
location. 4.3.3 Emphasis shall be given on research activity to identify raw
material for the production of the briquette and reduce the cost of its
production. www.lawcommission.gov.np 8 www.lawcommission.gov.np
4.3.4 Activities related to awareness creation in the use of briquette; bio-
fuel, biomass gasification, etc. shall be conducted by encouraging the use
of local skill and resource. 4.3.5 The consumption of fuel shall be reduced
by developing less fuel consuming technologies like improved cook stove
(ICS) and gassifiers. 4.4 Solar Energy Technology 4.4.1 Emphasis shall be
given for the necessary study and research for reducing cost of solar
energy technology and its efficient use. 4.4.2 Arrangement shall be made
to operate solar energy technology at community and institutional level
by integrating it with irrigation, health, education and drinking water.
4.4.3 Development of solar energy technologies shall be encouraged by
integrating it with technologies for drying and cooking of food, purifying
water, lighting and communication systems. 4.4.4 Necessary public
awareness activities shall be launched to increase the use of solar
cookers. 4.4.5 Solar energy map for whole Nepal shall be prepared. 4.4.6
Arrangement shall be made to collect the battery used in solar energy
production for recycling or proper management. 4.5 Wind Energy
Technology 4.5.1 Arrangement shall be made to initiate work to prepare
Wind Energy Master Plan by collecting wind energy data from potential
sites. 4.5.2 Technology transfer activities shall be undertaken to develop
wind energy by involving the private sector. www.lawcommission.gov.np
9 www.lawcommission.gov.np 4.6 Improved Cook Stove Technology 4.6.1
The public awareness shall be increased on smokeless and fuel-wood
efficient improved cook stove. 4.6.2 Emphasis shall be given on research,
development and dissemination of household and institutional stoves
appropriate for varying geographical and cultural needs. 4.6.3 Activities of
technology transfer of improved cook stove in rural areas shall be
undertaken. 4.7 Improved Water Mill Technology 4.7.1 Arrangement shall
be made to provide hulling and grinding services in rural areas by
improving the traditional water mills. 4.7.2 Private sector shall be
encouraged to manufacture equipments locally for the use in improved
water mill. 4.7.2 Electricity production from the improved water mill shall
be encouraged. 4.8 Rural Electrification 4.8.1 Arrangement shall be made
to enable cooperatives and local bodies to take electricity from national
grid on lease. 4.8.2 Arrangement shall be made for wheeling electricity in
the national grid for electricity produced by communities, cooperatives
and private electricity project. 4.8.3 Rural electrification with users'
participation shall be implemented in their own initiative by safeguarding
their interests. 4.8.4 Regarding the maximum use of surplus electricity,
arrangements shall be made to increase the consumption of the unused
low priced electricity as per www.lawcommission.gov.np 10
www.lawcommission.gov.np dual tariff system, especially in sectors like
agriculture, irrigation, drinking water, small and cottage industry,
ropeway, etc. 5 Subsidy Arrangement. The subsidy rate and disbursement
criteria as per the existing renewable (rural) energy subsidy arrangement
shall be revised as required in the basis of geographical condition,
population, and available resources. Subsidy delivery shall be as per the
provisions of the existing subsidy delivery mechanism. The following
strategy shall be adopted for this purpose: 5.1 Subsidy shall be arranged
by classifying Village Development Committees based on poverty,
remoteness, dalit and backward caste and tribes. 5.2 The existing subsidy
shall be gradually reduced in accessible areas and areas where it is
commercial viable. 5.3 Community management and holistic approach
shall be encouraged as may be necessary for the sustainable rural energy
development and management. 5.4 Micro hydro projects developed by
the user-groups and cooperatives shall be encouraged. 5.5 Poor and
backward families shall be identified and provided with additional
support for use of rural energy system. 5.6 Necessary arrangement shall
be made for encouragement in the feasible areas where there is no
biogas. 5.7 The operation of biogas plants with toilet attachment shall be
encouraged. 5.8 Development and promotion of briquette, bio-fuel,
biomass gasification etc. shall be encouraged. 5.9 Subsidy to solar
electricity shall be discouraged in the areas where there is
www.lawcommission.gov.np 11 www.lawcommission.gov.np financial
and physical feasibility of micro and small hydro. 5.10 Use of solar energy
and wind energy shall be encouraged where hydropower is not feasible.
5.11 Necessary arrangement shall be made for development of solar
thermal technology in the rural areas. 5.12 Necessary financial support
shall be made available for research and development of new technology.
6 Resources Arrangement: 6.1 Resource Mobilization 6.1.1 Arrangement
shall be made for investment by District Development Committee in the
community micro and mini hydro projects to be constructed in their
district through concerned District Energy Fund. 6.1.2 Arrangement shall
be made for investment by Village Development Committee in the
community micro and mini hydro projects to be constructed in its area
through concerned Village Energy Fund. 6.1.3 Development of industries
for manufacturing and producing equipments and materials to be used in
the rural energy sector shall be encouraged. 6.1.4 The formation of user
and community organisations shall be done through community
mobilization and arrangement of the representation of women, dalits,
Janjatis, disadvantaged (utpidit) and backward groups. 6.1.5 Necessary
facilitation and assistance shall be provided for registration and renewal
of user/community organisations through District Development
Committee. 6.1.6 Arrangements shall be made to utilise the fund,
collected by levying tax www.lawcommission.gov.np 12
www.lawcommission.gov.np for this purpose in the sales and distribution
of petroleum products, in the rural energy development. 6.2 Human
Resource Management 6.2.1 Human Resource capacity shall be
developed at the central level in Alternative Energy Promotion Centre
and at the local level for formulation, management, monitoring and
evaluation of rural energy development programmes. 6.2.2 Arrangement
shall be made for training and skill development to the rural energy users
to operate, maintain and manage the rural energy systems. 7
Coordination Arrangement: 7.1.1 Central level coordination of the rural
energy development activities shall be carried by the Alternative Energy
Promotion Centre and at local level by concerned local bodies. 7.1.2 The
women’s development, irrigation, drinking water, community saving,
health, forests, industries, environmental conservation, road, micro-
finance, literacy campaign programmes, which are conducted at the local
level shall be implemented by integrating with the rural energy
development programmes. 7.1.3 Government, non-government and
donor agencies shall be encouraged to collaborate in the capacity
building of the District Development Committee for implementation of
rural energy prgrammes prioritised in the periodic plan of the District
Development Committee and activities related to districts rural energy
master-plan. 8. Monitoring and evaluation Arrangement: 8.1.1
Arrangements shall be made for monitoring and evaluation from Central
www.lawcommission.gov.np 13 www.lawcommission.gov.np level by
Alternative Energy Promotion Centre and at local level by concerned local
bodies. 8.1.2 Monitoring and evaluation activity shall be strengthened in
all level of rural energy development programmes by updating
geographic and management information systems. 8.1.3 Rural energy
programmes shall be monitored and evaluated based on output oriented
indicators. 8.1.4 Energy auditing system shall be developed and
implemented. 8.1.5 Arrangements shall be made for rewards and penalty
based on monitoring and evaluation. 9. Institutional Arrangement : 9.1 At
Central Level At the central level, Alternative Energy Promotion Centre
shall carry out activities related to formulation of rural energy policy and
programmes, studies and researches, subsidy disbursements, technical
assistance, selection of companies and organizations installing rural
energy systems, donor coordination, monitoring and evaluation etc. 9.1.1
Rural Energy Central Coordination Committee Government of Nepal shall
form a Rural Energy Central Coordination Committee under the
chairpersonship of member of the National Planning Commission looking
after energy sector. The Executive Director of the Alternative Energy
Promotion Centre shall be the member secretary of this committee. The
formation and operation of this committee shall be as prescribed by the
law. 9.1.2 Central Rural Energy Fund www.lawcommission.gov.np 14
www.lawcommission.gov.np With the objectives for the development,
expansion, promotion of rural energy technologies and assist in rural
electrification, the existing Rural Energy Fund under Alternative Energy
Promotion Centre shall be expanded into Central Rural Energy Fund
(CREF). The CREF shall have the fund from the Government of Nepal and
other sources. The formation and management working modality of the
CREF shall be as prescribed by the Government of Nepal. 9.2 At District
level Institutional arrangement for rural energy development shall be
arranged as prescribed in Local Self Governance Act, 2055 BS. District
Energy Fund and Village Energy Fund shall be established to promote and
2. Discuss energy issues of Nepal.
expand rural energy at district and village level, respectively. Formation of Also explain the potentiality of energy in
this fund shall be as prescribed by the Government of Nepal. 10 Other
Arrangement: 10.1 Arrangement shall be made for community
Nepal.
mobilization as may be required for implementation of energy
development programme. 10.2 Rural energy systems shall be developed
3. Explain food sovereingnity issues taking
and expanded in the basis of cluster. 10.3 Access to energy shall be special referece of Neplalese law.
increased through different rural energy technologies and grid by
preparing district level energy master plan based on district energy 1.5. Food Sovereignty issues
potential and requirement. 10.4 Use of rural energy shall be encouraged
in diversifying productive enduses for industry, food processing, i. Concept on sovereignty:
household equipment, agricultural equipment, irrigation, and drinking
water in addition to cooking and lighting uses.
www.lawcommission.gov.np 15 www.lawcommission.gov.np 10.5 Except
A state is the composition of following
for the edible oil, research and development and dissemination shall be elements:
emphasized on oils that can be used as energy from vegetations, fruits
and seeds and that are not used traditionally 10.6 As the rural energy is 1. Territory 2. Population
directly linked to activities traditionally carried out by the women,
programmes of rural energy technology shall be implemented 3. Government 4. Sovereignty
considering it as an integral part of the women’s enabling activities.

10.7 Fund received from selling greenhouse gas emission reduction sales
shall be used for the promotion and development of the rural energy.
Assignment: 1.What is meant by cultural
depletion? Explain the effect of cultural
depleation over society.
That’s why, Sovereignty is an element of a
state. The qualified people living in a definite
territory under the control of a stable
government which is guided by a democratic
constitution cannot form a perfect state
unless there is no sovereignty in the state.
Sovereignty is a kind of power of a
government to carry out its functions without
any alien’s interference and internal
disturbances. Sovereignty is the soul of a
state. In the absence of sovereignty, a state
cannot be a complete state. Sovereignty
provides a state with national and
international importance and values.
According to the constitution of Nepal
(2072), Nepal’s sovereignty is inherent in the
hands of the people.
Besides these four elements based on
Garner’s definition, constitution is another
important element of modern state.
Constitution is the supreme law of a state
which provides a procedure for the
government to carry out its administrative
activities. It safeguards the right of the
citizens. It describes the structures and main
functions of the organs of the government.
Constitution also describes the relationship
among the organs of government. A state
provides its citizens with various facilities. A
state has to maintain peace by establishing
security. The responsibility of state is to
adopt the democratic ruling system based on
people’s will. Therefore, democratic
constitution is essential for a good state.
What the Fundamental right is?
Right are those claims which are accepted by
society, granted by a state and achieved by
performing duties related to them. Right are
essential for personal as well as community
benefits. The rights which are essentials for
the benefits of the people guaranteed by the
constitution of the respective country are
fundamental rights.
The constitution of Nepal (2072) has been
brought into effect at present in Nepal. This
constitution has granted 31 fundamental
rights to Nepali under the articles from 16 to
46 of part III. They are as follows:
1. Art.16 - Right to live with dignity
2. Art. 17 - Right to freedom
3. Art. 18 - Right to equality
4. Art. 19- Right against being
communication
5. Art. 20 - Right to justice
6. Art. 21 - Right to victim of crime
7. Art. 22 - Right against torture
8. Art. 23 - Right against prevention
detention
9. Art.24- Right against untouchability and
discrimination
10. Art. 25- Right to property
11. Art. 26- Right to religious freedom
12. Art. 27- Right to information
13. Art. 28- Right to privacy
14. Art. 29- Right against exploitation
15. Art. 30- Right to clean environment
16. Art. 31- Right relating to education
17. Art. 32- Right to language and culture
18. Art. 33- Right to employment
19. Art. 34- Right to labor
20. Article 35- Right to health care
21. Article 36- Right to food
Write here: ………………
22. Article 37- Right to housing
23. Article 38- Right to women
24. Article 39- Right to children
25. Article 40- Right of Dalits
26. Article 41- Right of senior citizens
27. Article 42- Right to social justice
28. Article 43- Right to social security
29. Article 44- Right of consumers
30. Article 45- Right against exile
31. Article 46- Right to constitutional remedy
In this way, Nepal has given food as a
fundamental right.
1.6 Causes and Effects of Environmental
problems
The basic definitions of environment has
been presented in previous topics. The
natural worlds around us in which plants
and animals live is called environment.
Environmental balance has been maintained
through the process of ‘food chain’. The
transfer of energy from one living thing to
another living thing in the form of food is
called the food chain. Food chain is formed
by eating and being eaten process of the
various living organisms. In a food chain,
green plants which have autotrophic
nutrition system. So, they are the producers
which are eaten by herbivores (heterotrophic
nutrition) which are primary consumers and
similarly, primary consumers are eaten by
secondary consumers and so on. Autotrophs
and Heterotrophs are also the parts of biotic
components. Heterotrophs may be
herbivores, carnivores, omnivores,
saprophytes, parasites etc. All these things
helps to maintain ecosystem.
 The evil practices of human beings cause the
environmental problems. Such problems can
be of two forms:
i. disturbance in ecosystem and ecology and
ii. environmental pollution.
The degradation in the quality of
environment by various ways is called
environmental pollutions. Pollution is caused
by mixing various unnecessary and unwanted
things in the environment. Environment is
getting degraded day by day because of
various human activities. We are polluting
the air, water and soil regularly. We are
cutting down the trees, taking out sands and
stones from the rivers haphazardly for
fulfilling our needs which is deteriorating
our beauty of nature. Increase in vehicles,
industrialization and modern urbanization
has become the challenge for the protection
of environment. In the name of eco-friendly
sustainable development, man has again
started to cheat the nature and environment.
Industries have thrown gases like Carbon
Dioxide, Carbon Monoxide, Sulphur
Dioxide, Chlorofluro Carbon, Chemicals,
Dusts, Smoke, Bad odours are those
pollutants which have polluted air mostly.
Assignment: Dek du (12)
……………………….
1.6. a. Causes of Environmental Problems
Following are the causes of environmental
problems:
a. Air pollution:
It is caused by following ways:
i. Burning of fossils fuel like diesel, petrol,
kerosene by vehicles, burning firewood,
plastics etc. produce harmful gases.
ii. Smoke from industries and vehicles
iii. Agricultural activities like use of
pesticides, insecticides, herbicides, chemical
fertilizers
iv. Emission of Dust particles released
during road construction and chemicals in
mining operations
v. Dust particles released from running
vehicles on dusty roads
vi. Improper management of sewage,
garbage and dead bodies of animals
vii. Natural disasters like forest fire, volcano,
storm, earthquake etc.
viii. Deforestation causes increase of carbon
dioxide gas in air
Effects of air pollution:
i. Breathing in polluted air causes various
respiratory and heart problems to humans.
ii. Temperature of the earth increases due to
air pollution which is called global warming.
Global warming results in melting of ice
from colder regions, floods and unexpected
weather change.
iii. Harmful gases promotes acid rain which
cause great damage to humans, animals and
crops.
iv. Air pollution causes the poor visibility for
flying the airplane, creates trouble in driving
vehicles.
v. Excessive use of chlorofluro-carbon may
result the ozone layer depletion. In such
condition, UV rays from the sun directly
enter into the earth’s surface causing various
problems in human health.
vi. Air pollution cause lungs cancer, skin
diseases, tuberculosis, irritation of eye, nose,
throat etc.
b. Water pollution
No life of living things is supposed without
water. All biotic components need water to
survive. Over two thirds of earth’s surface is
covered by water and less than a third is
made by land. Water is used for various
purposes like: drinking, cleaning, washing
clothes, swimming, irrigation etc. There are
different sources of water like pond, well,
river, rivulets, seas, oceans etc. As earth’s
population continues to grow, people are
putting ever increasing pressure on the water
resources. We all need clean and pure water
for our daily activities but due to the various
activities, water is being polluted day by day.
The mixing of unwanted things in the water is
called water pollution. Water pollution is the
contamination of water sources like lakes,
ponds, rivers, oceans and ground water. This
form of environmental degra dation occurs
when pollutants are directly or indirectly
discharged into the water bodies without
adequate treatment to remove harmful
compounds.
Causes of water pollution
i. The sewage and waste water that is
produced by each household activities makes
water polluted when they are directly
drained into the sources of water.
ii. Bathing, washing clothes and cleaning
utensils in or near the sources of water
makes water dirty.
iii. Mixing of industrial wastes and chemicals
produced in water resources.
iv. The agricultural activities like use of
insecticides, pesticides, herbicides and
chemical fertilizers produce some unused
chemicals that mix to the water sources.
v. Mixing of excreta of animals and disposing
dead bodies of animals to river causes water
pollution.
vi. Dumping of wastes from schools,
hospitals and municipalities in water.
vii. Spilling of petroleum oil while
transporting and extracting causes water
pollution in oceans as oil does not dissolve in
water.
viii. The wastes produced by construction
works, mining activities and marine dumping
by home countries produce several solid
wastes and makes the water polluted.
Effects of water pollution
i. Pollution of water causes various water
borne diseases like cholera, typhoid,
jaundice, diarrhea etc.
ii. Aquatic animals are harmed by polluted
water.It may effect on growth and kill them
also.
iii. Aquatic plants are harmed by polluted
water. It may effect on growth and kill them
also.
iv. Polluted water in irrigation causes
improper growth of plants and also
decreases the production.
v. Polluted water may cause skin diseases
and cancer to the humans when it is used for
drinking and bathing.
c. Soil pollution
The one third of the earth is soil. Animals
live in soil and some of the animals use soil
as shelter indirectly. All plants grow in soil.
We use plants for food and for many
purposes whose existence has become
possible owing to the presence of soil. The
quality of the soil should be good for the
proper growth of plants. Because of various
human activities, the soil is being polluted
day by day. We mix various undesirable
things in the soil because of which soil has
become polluted.
The mixing of unwanted and harmful
substances in the soil that can adversely
affect the quality of the soil is called soil
pollution. The pollution of the soil has
become common and fashionable in these
days and it happens due to the presence of
manmade elements. Soil pollution decrease
the fertility of the soil which finally affect the
agricultural production. There are many
harmful and unwanted substances that
pollute the soil. Household wastes like
sewage, detergents, plastics, bottles,
insecticides etc. and industrial wastes like
chemicals, solid wastes, etc. causes soil
pollution.
Soil pollution includes:
i. Deforestation ii. Flood
iii. Landslide iv. Soil erosion
Causes of soil pollution:
i. The industries and factories produce
various chemicals and wastes as byproducts.
When such things are mixed to the soil
without any treatment, they contaminate the
soil. The mixing of industrial wastes is the
biggest contributor to this problem.
ii. The excessive use of chemical fertilizers
and insecticides causes the soil pollution.
The unused fertilizers and insecticides
contaminate the soil and effect the growth of
plants and habitat of animals.
iii. The disposal of solid wastes from
household is another main cause of soil
pollution. Throwing of non-decaying
materials like plastics, glass pieces, metals,
bones and horns of animals etc. cause the
soil pollution.
iv. Mixing of sewage and accidentals oil
spills at the time of transportation also cause
soil pollution.
v. Acid rain caused by air pollution
ultimately leads to soil pollution.
Effects of soil pollution
i. The toxic chemicals presented in the soil
can decrease the fertility of the soil and
ultimately decrease the production.
ii. It causes various effects on human health.
Long term exposure to such soil can cause
various chronic health problems ands the
products of plants grown in polluted soil also
can sudden illness.
iii. It hampers the growth of plants. Polluted
soil van not support most forms of plant life.
iv. The emission of toxic and foul gases from
polluted land pollutes the environment and
causes serious effect on human life.
v. It causes the death of many soil organisms
like earthworms. Apart from that, it could
also force other predators (an animal that
naturally preys on other) to move to other
places in search of food.
d. Sound pollution:
Noise pollution, also known as environmental
noise or sound pollution, is the propagation of noise
with ranging impacts on the activity of human or animal
life, most of them harmful to a degree. The source of
outdoor noise worldwide is mainly caused by
machines, transport, and propagation systems.
……………………………………………………
Noise is not only a nuisance but a serious environmental problem
and a health hazard. Like all other pollution, noise pollution is
needed to be controlled. •
Noise pollution refers to an undesirable sound or sound which
generates horrible discomfort on the ears. It is measured in decibels
(dB) and sound levels beyond 100 dB can cause permanent
hearing loss.
Underwater noise pollution due to human activities is also prevalent
in the sea, and given that sound travels faster through water than
through air, is a major source of disruption of marine ecosystems
and does significant harm to sea life, including marine mammals,
fish and invertebrates.
Noise pollution, unwanted or
excessive sound that can have deleterious effects
on human health, wildlife, and environmental
quality. Noise pollution is commonly generated
inside many industrial facilities and some other
workplaces, but it also comes from highway,
railway, and airplane traffic and from outdoor
construction activities.
Measuring and perceiving loudness
Sound waves are vibrations
of air molecules carried from a noise source to the
ear. Sound is typically described in terms of the
loudness (amplitude) and the pitch (frequency) of
the wave. Loudness (also called sound pressure
level, or SPL) is measured in logarithmic units
called decibels (dB). The normal human ear can
detect sounds that range between 0 dB (hearing
threshold) and about 140 dB, with sounds
between 120dB and 140 dB causing pain (pain
threshold). The ambient SPL in a library is about
35 dB, while that inside a moving bus or subway
train is roughly 85 dB; building
construction activities can generate SPLs as high
as 105 dB at the source. SPLs decrease with
distance from the source.
……………………………………………………
The rate at which sound energy is transmitted,
called sound intensity, is proportional to the
square of the SPL. Because of
the logarithmic nature of the decibel scale, an
increase of 10 dB represents a 10-fold increase in
sound intensity, an increase of 20 dB represents a
100-fold increase in intensity, a 30-dB increase
represents a 1,000-fold increase in intensity, and
so on. When sound intensity is doubled, on the
other hand, the SPL increases by only 3 dB. For
example, if a construction drill causes a noise
level of about 90 dB, then two identical drills
operating side by side will cause a noise level of
93 dB. On the other hand, when two sounds that
differ by more than 15 dB in SPL are combined,
the weaker sound is masked (or drowned out) by
the louder sound. For example, if an 80-dB drill is
operating next to a 95-dB dozer at a construction
site, the combined SPL of those two sources will
be measured as 95 dB; the less intense sound
from the compressor will not be noticeable.
…………
Frequency of a sound wave is expressed in cycles
per second (cps), but hertz (Hz) is more
commonly used (1 cps = 1 Hz). The human
eardrum is a very sensitive organ with a
large dynamic range, being able to detect sounds
at frequencies as low as 20 Hz (a very low pitch)
up to about 20,000 Hz (a very high pitch). The
pitch of a human voice in normal conversation
occurs at frequencies between 250 Hz and 2,000
Hz.
…
Precise measurement and scientific description of
sound levels differ from most subjective human
perceptions and opinions about sound. Subjective
human responses to noise depend on both pitch
and loudness. People with
normal hearing generally perceive high-frequency
sounds to be louder than low-frequency sounds of
the same amplitude. For this reason, electronic
sound-level meters used to measure noise levels
take into account the variations of perceived
loudness with pitch. Frequency filters in the
meters serve to match meter readings with the
sensitivity of the human ear and the relative
loudness of various sounds. The so-called A-
weighted filter, for example, is commonly used
for measuring ambient community noise. SPL
measurements made with this filter are expressed
as A-weighted decibels, or dBA. Most people
perceive and describe a 6- to 10-dBA increase in
an SPL reading to be a doubling of “loudness.”
Another system, the C-weighted (dBC) scale, is
sometimes used for impact noise levels, such as
gunfire, and tends to be more accurate than dBA
for the perceived loudness of sounds with low
frequency components.
Noise levels generally vary with time, so noise
measurement data are reported as time-averaged
values to express overall noise levels. There are
several ways to do this. For example, the results
of a set of repeated sound-level measurements
may be reported as L90 = 75 dBA, meaning that
the levels were equal to or higher than 75 dBA for
90 percent of the time. Another unit,
called equivalent sound levels (Leq), can be used to
express an average SPL over any period of
interest, such as an eight-hour workday. (Leq is a
logarithmic average rather than an arithmetic
average, so loud events prevail in the overall
result.) A unit called day-night sound level (DNL
or Ldn) accounts for the fact that people are more
sensitive to noise during the night, so a 10-dBA
penalty is added to SPL values that are measured
between 10 PM and 7 AM. DNL measurements are
very useful for describing overall community
exposure to aircraft noise, for example.
Effects on humans and wildlife
Noise is more than a mere nuisance. At certain
levels and durations of exposure, it can cause
physical damage to the eardrum and the sensitive
hair cells of the inner ear and result in temporary
or permanent hearing loss, known as noise-
induced hearing loss. Hearing loss does not
usually occur at SPLs below 80 dBA (eight-hour
exposure levels are best kept below 85 dBA), but
most people repeatedly exposed to more than 105
dBA will have permanent hearing loss to some
extent. In addition to causing hearing loss,
excessive noise exposure can raise blood
pressure and pulse rates, cause
irritability, anxiety, and mental fatigue, and
interfere with sleep, recreation, and personal
communication. Children living in areas with
high levels of noise pollution may suffer
from stress and other problems, such as
impairments in memory and attention span.
Noise pollution control is therefore important in
the workplace and in the community.
human ear
Structure of the human ear.
Encyclopædia Britannica, Inc.
Noise pollution also impacts wildlife. A wide
range of animals, including insects, frogs, birds,
and bats, rely on sound for a variety of reasons.
Noise pollution can interfere with an animal’s
ability to attract a mate, communicate, navigate,
find food, or avoid predators and thus can even
be an existential threat to vulnerable organisms.
The problem of noise pollution is especially
serious for marine animals, particularly those
that rely on echolocation, such as
certain whales and dolphins, and much of the
world’s oceans are polluted with chaotic sounds
from ships, seismic tests, and oil drills. Some of
the loudest and most detrimental sounds in the
sea are from naval sonar devices, whose noise can
travel hundreds of miles through the water and is
associated with mass strandings of whales and
dolphins.
Noise regulation and mitigation
Noise-control ordinances and laws enacted at the
local, regional, and national levels can be effective
in mitigating the adverse effects
of noise pollution. Environmental and industrial
noise is regulated in the United States under the
Occupational Safety and Health Act of 1970 and
the Noise Control Act of 1972. Under these acts,
the Occupational Safety and Health
Administration set up industrial noise criteria in
order to provide limits on the intensity
of sound exposure and on the time duration for
which that intensity may be allowed.
If an individual is exposed to various levels of
noise for different time intervals during the day,
the total exposure or dose (D) of noise is obtained
from the relation
D = (C1/T1) + (C2/T2) + (C3/T3) +…,where C is the
actual time of exposure and T is the allowable
time of exposure at any level. Using this formula,
the maximum allowable daily noise dose will be 1,
and any daily exposure over 1 is unacceptable.
Criteria for indoor noise are summarized in three
sets of specifications that have been derived by
collecting subjective judgments from a large
sampling of people in a variety of specific
situations. These have developed into the noise
criteria (NC) and preferred noise criteria (PNC)
curves, which provide limits on the level of noise
introduced into the environment. The NC curves,
developed in 1957, aim to provide a comfortable
working or living environment by specifying the
maximum allowable level of noise in octave bands
over the entire audio spectrum. The complete set
of 11 curves specifies noise criteria for a broad
range of situations. The PNC curves, developed in
1971, add limits on low-frequency rumble and
high-frequency hiss; hence, they are preferred
over the older NC standard. Summarized in the
curves, these criteria provide design goals for
noise levels for a variety of different purposes.
Part of the specification of a work or living
environment is the appropriate PNC curve; in the
event that the sound level exceeds PNC limits,
sound-absorptive materials can be introduced
into the environment as necessary to meet the
appropriate standards.
Low levels of noise may be overcome using
additional absorbing material, such as heavy
drapery or sound-absorbent tiles in enclosed
rooms. Where low levels of identifiable noise may
be distracting or where privacy of conversations
in adjacent offices and reception areas may be
important, the undesirable sounds may be
masked. A small white-noise source such as static
or rushing air, placed in the room, can mask the
sounds of conversation from adjacent rooms
without being offensive or dangerous to the ears
of people working nearby. This type of device is
often used in offices of doctors and other
professionals. Another technique for reducing
personal noise levels is through the use of hearing
protectors, which are held over the ears in the
same manner as an earmuff. By using
commercially available earmuff-type hearing
protectors, a decrease in sound level can be
attained ranging typically from about 10 dB at
100 Hz to more than 30 dB for frequencies above
1,000 Hz.
Outdoor noise limits are also important for
human comfort. Standard house construction will
provide some shielding from external sounds if
the house meets minimum standards of
construction and if the outside noise level falls
within acceptable limits. These limits are
generally specified for particular periods of the
day—for example, during daylight hours, during
evening hours, and at night during sleeping
hours. Because of refraction in
the atmosphere owing to the
nighttime temperature inversion, relatively loud
sounds can be introduced into an area from a
rather distant highway, airport, or railroad. One
interesting technique for control of highway noise
is the erection of noise barriers alongside the
highway, separating the highway from adjacent
residential areas. The effectiveness of such
barriers is limited by the diffraction of sound,
which is greater at the lower frequencies that
often predominate in road noise, especially from
large vehicles. In order to be effective, they must
be as close as possible to either the source or the
observer of the noise (preferably to the source),
thus maximizing the diffraction that would be
necessary for the sound to reach the observer.
Another requirement for this type of barrier is
that it must also limit the amount of transmitted
 sound in order to bring about significant noise Hearing Loss (NIHL). Exposure to loud noise can also cause
reduction. high blood pressure, heart disease, sleep disturbances, and
stress. These health problems can affect all age groups,
especially children.
…..

There are few laws that provide provisions on noise

pollution in Nepal. The Civil Aviation Act, 1958 provides a Effects of noise pol.
provision to control airplane noise, the Explosives Act, 1961
is to regulate noise from the use of explosives to some
extent. ... Noises in hospitals, educational and other sensitive Respiratory agitation, racing pulse, high blood pressure,
areas need to be prohibited. headaches and, in case of extremely loud, constant noise,
gastritis, colitis and even heart attacks.
……. CAUSES OF NOISE POLLUTION
Types of Noise Pollution
 Traffic noise. Traffic noise accounts for most
polluting noise in cities. ...  Transport Noise.
 Air traffic noise. ...  Neighbourhood Noise.
 Construction sites. ...  Industrial Noise.
 Catering and night life. ... …
 Animals. ...
 Physical. ...
 Psychological. ... Noise pollution: how to
 Sleep and behavioural disorders.
Results of noise pollution reduce the impact of an
Noise pollution impacts millions of people on a daily basis. invisible threat?
The most common health problem it causes is Noise Induced
#nature #environmental sustainability #society
Atmospheric pollution is not the only type of serious damage to wildlife. Experts say noise pollution can
contamination that is harming living beings on the interfere with breeding cycles and rearing and is even hastening the
planet. According to the World Health Organization extinction of some species.
(WHO), it is one of the most dangerous environmental
threats to health. And according to the European
Environment Agency (EEA), noise is responsible for WHAT IS NOISE POLLUTION?
16,600 premature deaths and more than 72,000
Not all sound is considered noise pollution. The World Health
hospitalisations every year in Europe alone.
Organization (WHO) defines noise above 65 decibels (dB) as
noise pollution. To be precise, noise becomes harmful when it
……
exceeds 75 decibels (dB) and is painful above 120 dB. As a
consequence, it is recommended noise levels be kept below 65 dB
Drivers honking the horn, groups of workers drilling the road
during the day and indicates that restful sleep is impossible with
surface, aircraft flying over us in the sky... Noise, noise and more
nighttime ambient noise levels in excess of 30 dB.
noise. Cities have become the epicentre of a type of pollution,
acoustics, which, although its invisibility and the fact that
coronavirus crisis reduced it until almost yearn it, is severely CAUSES OF NOISE POLLUTION
damaging to human beings. So much so that the European
There are many sources of noise pollution, but here are some of the
Environment Agency estimates that noise is responsible for 72,000
main ones:
hospital admissions and 16,600 premature deaths every year in
Europe alone.

Not only does it hurt humans, it is bad for animals, too. According Traffic noise

to the National Park Service (NPS) in the United States, noise

Traffic noise accounts for most polluting noise in cities. For
pollution has an enormous environmental impact and does
example, a car horn produces 90 dB and a bus produces 100 dB.
 EFFECTS OF NOISE POLLUTION
Air traffic noise
As well as damaging our hearing by causing — tinnitus or
There are fewer aircraft flying over cities than there are cars on the
deafness —, constant loud noise can damage human health in
roads, but the impact is greater: a single aircraft produces 130 dB.
many ways, particularly in the very young and the very old. Here are
some of the main ones:

Construction sites

Building and car park construction and road and pavement Physical

resurfacing works are very noisy. For example, a pneumatic

Respiratory agitation, racing pulse, high blood
drill produces 110 dB.
pressure, headaches and, in case of extremely loud, constant noise,
gastritis, colitis and even heart attacks.

Catering and night life

Bars, restaurants and terraces that spill outside when the weather is Psychological

good can produce more than 100 dB. This includes noise from pubs
Noise can cause attacks of stress, fatigue, depression, anxiety and
and clubs.
hysteria in both humans and animals.

Animals
Sleep and behavioural disorders

Noise made by animals can go unnoticed, but a howling or barking

Noise above 45 dB stops you from falling asleep or sleeping
dog, for example, can produce around 60-80 dB.
properly. Remember that according to the World Health
Organization it should be no more than 30 dB. Loud noise can have
latent effects on our behaviour, causing aggressive behaviour and
irritability.
Memory and concentration
Noise may affect people's ability to focus, which can lead to low
performance over time. It is also bad for the memory, making it hard
to study.
Interestingly, our ears need more than 16 hours' rest to make up for
two hours of exposure to 100 dB.
SOLUTIONS TO REDUCE NOISE POLLUTION
International bodies like the WHO agree that awareness of noise
pollution is essential to beat this invisible enemy. For example:
avoid very noisy leisure activities, opt for alternatives means of
transport such as bicycles or electric vehicles over taking the car, do
your housework at recommended times, insulate homes with noise-
absorbing materials, etc. Educating the younger generation is also an
essential aspect of environmental education.
Governments can also take measures to ensure correct noise
management and reduce noise pollution. For example: protecting
certain areas — parts of the countryside, areas of natural
interest, city parks, etc. — from noise, establishing regulations that
include preventive and corrective measures — mandatory separation
between residential zones and sources of noise like airports, fines for
exceeding noise limits, etc. —, installing noise insulation in new
buildings, creating pedestrian areas where traffic is only allowed to
enter to offload goods at certain times, replacing traditional asphalt
with more efficient options that can reduce traffic noise by up to 3
dB, among others.
1.6. b. Effects of Environmental Problems
………………………………
Humans impact the physical environment in many ways:
overpopulation, pollution, burning fossil fuels, and deforestation.
Changes like these have triggered climate change, soil erosion,
poor air quality, and undrinkable water.
Consequences include increased poverty, overcrowding, famine,
weather extremes, species loss, acute and chronic medical
illnesses, war and human rights abuses, and an increasingly
unstable global situation that portends Malthusian chaos and
disaster.
Causes of Environmental Degradation
 Land Disturbance. A more By planned urbanization
basic cause of environmental degradation is land
damage. ...
 Pollution. Pollution, in whatever form, whether it is air, water,
By proper disposal of wastes
land or noise is harmful to the environment. ...
 Overpopulation. ...
By increasing public awareness
 Landfills. ... 1.6. d. Environmental Degradation
 Deforestation. ...
 Natural Causes. Destruction or change in the actual structure
or the aspects of the environment is called
1.6. c. Environmental conservation environmental degradation. ED occurs due
to two reasons:
By reducing of air pollution
i. Human developmental activities
By the conservation of forest/ Afforestation
-Deforestation(causes: Forest is getting
By the protection of wild animals destroyed for the settlements, agriculture,
By controlling forest fire ( Australian fire of grazing of animals, migration,
2019) industrialization, construction works, forest
By the conservation of water resources products, flood, soil erosion, landslide and
effects: i. effects on oxygen cycle, carbon
By terrace (systematic and scientific) cycle, water cycle, change in the climate,
farming destruction of wild life habitats, destruction
By constructing of dams and embankments of forest products, extinction of various plans
and animals species, degradation of soil i. Climate change effect on human
quality, occurrence of natural disasters like On other living organisms
flood, landslide and soil erosion))
Spreading of various ENT (ear, nose, throat)
-Urbanization (construction of modern related diseases
houses in limited area for luxurious life,
employment opportunities, education and Expansion of eye diseases
health) High blood pressure
-Industrialization (establishment of factories Heart diseases & insomnia -by noise
and industries for the better and quality pollution
production)
Reduction of agricultural production
-Pollution creation (water, land, air and
Exploitation of natural resources
sound pollution)
Shortage of water
ii.Natural disasters
Depletion of ozone layer
-Flood -Landslide
Imbalance in ecology
-Fire -Earth quake
Desertification
-Volcano
1.6. e. Effects on Human beings due to ED:
Occurence of natural calamities like erosion,
landslide, flood and acid rain
1.6. g. Local efforts on environmental
conservation:
i. Public Awareness
Exercise 1.
ii. Public Participation
1. Define the term environment. How is the
iii. Integrated Conservation Plan term environment different from atmosphere?
iv. Afforestation Present your logics.
v. Conservation of forest resources 2. … … … … … … … … … … … … … …
vi. Environmental sanitation 3.
vii. Conservation and restoration of cultural 4.
heritages 5.
viii. Management of garbage and sewage 6.
ix. Controlling over grazing 7.
x. Controlling exploitation of sand and rocks 8.
9.
10.
Unit 2: General Principles of Environment
Law and Justice (10 hrs)
2.1 Concept, Meaning, Definition and kinds of environmental law
2.2 Concept meaning and Definition, Origin and Kinds of Environmental Justice
2.3 Principles of Environmental Law
2.3.1 Preventive Principle
2.3.2 Polluter Pays Principle
2.3.3 Precautionary Principle
2.3.4 Principle of Inter- and Intra-Generational Equity
2.3.5 Principle of Common Heritage of Human Kinds
2.3.6 Principle of Good Neighborliness and International Cooperation
2.3.7. Principle of Common but Differentiated Responsibilities
2.3.8. Principle of No Significant Harms
2.3.9. Principles of Sustainability (sustainable development)
2.3.10. Principles of Environment Justice
2.1 Concept, Meaning, Definition, scope and
kinds of environmental law
2. 1. a. Concept on Environmental law:
Environmental law is the essential device for
the governance and management of
sustainable development. It provides the
basis for the government policies, planning
and actions for the conservation of
environment and for ensuring that the use of
natural resources is both equitable and
sustainable. environmental law is now taken
as a branch of law in its own right. In
general sense, environment is a body of legal
rules and principles directed specially to
activities that after the quality of the
environment, whether natural or
manufactured.
2. 1. b. Meaning of Environmental law:
An Environmental legal system is eventually
a set of statutes common law precedent and
associated administrative rules. That
regulate the relationship and conflicts
between people concerning the environment
as well as defining the relationships between
people and the environment itself.
Environmental law its broadest sense is an
essential for achieving sustainability. It
requires standard of social behavior and
gives a measure of permanency to policies.
Environment based on scientific
understanding and a clear analysis of social
goals, should set our rules for human
conduct which, it followed should lead to
communities living within the capacity of the
earth.
Environmental Law comprise legal strategies
and procedures designed to contact the
pollution abuse and neglect air, earth and
water resources.
It is concerned with the protection of the plot
and its protection from activityes that upset
the earth and its life sustaining capacity.
2. 1. c. Definition of Environmental law:
i. W.H. Rodger - Environmental law can be
defined as the law of planetary house-
keeping.
ii. …….
iii. …..
2.1.d. Subjects matter of Environmental Law
1. Rules, laws & precedents relative usage of
land
2. Pollution control
3. Evolution of environmental impacts
4. Protection of nature
2.1.e. Five components of Environmental
Law
1. Environmental planning protection laws
2. Conservation of natural and cultural
heritage
3. Natural resources use legislation
4. Development control
5. Social environment
2. 1. f. Types of Environmental law:
EL
National EL International EL
NEL is mechanism for translating
environmental and sustainable development
policies into action at the national level-D.G.
Craig.
IEL also includes not only public
informational law, but also relevant aspects
of private informational law, and in some
instances has barrow heavily from national
law.
It is a convenient way to encompass the
entire corpus of international law, public and
private relevant to environment issues and
problems.
IEL is an essential tool for the governance
development. It provides the semi
governmental policies and activities for the
protection of the environment as well as for
ensuring that the use of natural resources is
both equitable and sustainable.
2.1.g. Scope of Environmental law:
We know that E.L consist N.E.L. and I.E.L.
Environmental law have played significant
role to maintain the quality of life for human
as well as flora and fauna in the biosphere,
to maintain Economic system that depend on
sustainable mineral resources, to attain
equitable distribution of social well-being
some important soft law have seen developed
by the institution like 1982 world chanter for
nature, 1992 RIO declaration on
Environment and Development, 1972 stock
conference on the human environment etc. In
the last decades, some bilateral and
multicultural treaties have helped to protect
environment in the fields like:
i. Biological diversity
ii. Trans-boundary long-range Air pollution.
iii. The law of the sea.
iv. Climate change.
v. Desertification
vi. Protection of the world’s cultural and
natural heritages.
The Environmental agreement and treaties
have shown the possible conservation of our
Environment.
The scope of Environmental Law can be
studied under following headlines.
A. Green Law Sector:
i. Forest- laws related to forest both national
and international
ii. living beings – flora and faunna
iii. biological diversity - Ecological balance
iv. water resources - vast
v. laws related to land mining.
B. Brown Law Sector:
i. laws related with Modern scientific
inventions,
ii. laws related with Factories
iii. laws related with Pollution produced
during the large developmental planning/
project works.
C. Blue Law Sector:
i. Laws related with Fuel,
ii. laws related with Energy field
D. Cultural Heritage Law Sector:
i. Laws related with Cultural heritage,
ii. Laws related with the protection of
Aesthetic values,
iii. Natural beauties.
2.1. h. Nature of Environmental Law: soft
laws, hard laws related with
More than hundred treaties were introduced
in last 35 years. In the environment law,
LBD- (Loss of Biological Diversity), DS -
(Disappearance of Spices), CC - (Climate
Change), GW – (Global Warning), GHE –
(Green House Effect), DOL – (Depletion of
Ozone Layer), AR – (Acid Rain), PE –
(Pollution Effect) are studied as
Environmental Issue. Environmental
problems are of three types: National,
Regional and Global. Nepal is also called
mini -zoo of the world. The highland of
Nepal is also called third pole. The chart
shows the BD of Nepal. Nepal covers 0.03% national darks, 3 wildlife, conservation Area,
land of the world and World covers 2% BD. 5 protection area,1 hunting area, all the
parts, conserved area has cover 20,273 sq.
Species Species Specie % Loss
km. area of Nepal. Earth is the home of 3
in world s in of
cores species of living organism including
Nepal
unicellular to multi cellular organism. There
Insets 7,50,00 5,000 0.67
are 2,50,000 species of plants in the world
0 %
which are going to disappear very soon.
Butterfly 15,000 656 4.2% More than 50,000 species of plants are going
Reptiles 6,500 100 1.5% to disappear in coming 30 years. According
Birds 9,883 847 1.5% to government of Nepal IUCNC (1988), 10
species of trees, 6 species of fiber plants, 6
Mammals 4,327 181 4.2%
species of fruits, 4 species of herbs 50
Flowerin - 5175 2.07 species after common plants will disappear
g plants % very soon as a result, 700 species of birds, 20
Biological Diversity (LBD) of Nepal is species of reptiles and will disappear very
divided three groups: (a) Endangered soon.
species (b) Vulnerable species (c) Rare
species. To save B.D Nepal has managed
2.2 Concept meaning and Definition, Origin
and Kinds of Environmental Justice
2.2. a Origin and concept of Environmental
justice
How was the concept of Environmental
Justice developed?
In 1982, 500 people formed rally and
opposed to the preparation of landfield site
which was prepared for the hiding of PCB
(Poly - Chlorinated Biphenyel- poision) in
the North Carolina State of USA. The proper
place was “Wareen County” where African –
American and poor income leveled people
were lived. After this incidence, USA
accepted environmental justice concept
strongly.
The research of U.S. General Auditing Office
performed during 1983 also found another
bitter truth of throwing major three (among
four poisionious wastages matters) poisions
from powerful authourized government
nearby the area where nigro and poor people
used to live from ancient time. Then, this
concept of environmental justice became
more stronger than previous.
The same type of statement and reports were
prepared by the “United Church of Christ
Commission for Racial Justice” in 1983.
USA organized two environmental
conferences initially during 1990 which
completed the concrete form of
environmental justice.
In 1991, 27 October, 17 principles were
developed under the summit “National
People of Colour Environmental Leadership
Summit". We will discuss more in the coming
topic principle of environmental justice topic
later.
2.2.b Meaning of Environmental justice
The fair treatment and meaningful involvement of all
people regardless of race, color, national origin, or income
with respect to the development, implementation and
enforcement of environmental laws, regulations and
policies is the Environment Justice (EJ).
Environmental justice issues include inadequate access to
healthy food, inadequate transportation, air and water
pollution, and unsafe homes (examples).
There is a clear difference in between social justice and
environmental justice. The concept of social justice
promotes the fair distribution of advantages and
disadvantages within a society, regardless of background
and status. Environmental justice deals explicitly with the
clear and fair distribution of environmental benefits and
the burdens people experience, at home, at work, or where
they learn, play and spend leisure time.
Environmental justice advocates for universal protection
from nuclear testing, extraction, production, and disposal
of toxic/hazardous wastes and poisons and nuclear testing
that threaten the fundamental right to clean air, land,
water, and food. We should all work together help to
improve the environments of those who live in areas that
are affected by such issues.
Causes of raising EJ:
The term EJ has two distinct uses with the more common
usage describing a social movement that focuses on the
"fair" distribution of environmental benefits and burdens.
The other use is an interdisciplinary body of social
sciences literature that includes theories of the
environment and justice, environmental laws and their
implementations, environmental policy and planning and
governance for development and sustainability, and
political ecology.
The main causes of raising EJ issues are as follows:
i. Racism/racial discrimination,
ii. Alienating low-income community members
iii. Failing to represent all groups and government.
iv. Industrialization.
Environmental Justice seeks to address Environmental
discrimination Racism and discrimination against
minorities center on a socially-dominant group's belief in
its superiority, often resulting in privilege for the dominant
group and the mistreatment of non-dominant minorities.
The combined impact of these privileges and prejudices
are just one of the potential reasons that waste
management and high pollution sites tend to be located in
minority-dominated areas. A disproportionate quantity of
minority communities (for example in Warren County,
North Carolina) play host to landfills, incinerators, and
other potentially toxic facilities. Environmental
discrimination can also be the placement of a harmful
factory in a place of minority. This can be seen as
environmental discrimination because it is placing a
harmful entity in a place where the people often don't have
the means to fight back against big corporations.
Environmental discrimination has historically been evident
in the process of selecting and building environmentally
hazardous sites, including waste disposal, manufacturing,
and energy production facilities. The location of
transportation infrastructures, including highways, ports,
and airports, has also been viewed as a source of
environmental injustice. Among the earliest
documentation of environmental racism was a study of the
distribution of toxic waste sites across the United States.
Due to the results of that study, waste dumps and waste
incinerators have been the target of environmental justice
lawsuits and protests.
Litigation
Some environmental justice lawsuits are based on violations of civil
rights laws.
Title VI of the Civil Rights Act of 1964 is often used in lawsuits that
claim environmental inequality. Section 601 prohibits discrimination
based on race, color, or national origin by any government agency
receiving federal assistance. To win an environmental justice case that
claims an agency violated this statute, the plaintiff must prove the
agency intended to discriminate. Section 602 requires agencies to
create rules and regulations that uphold section 601. This section is
useful because the plaintiff must only prove that the rule or regulation
in question had a discriminatory impact. There is no need to prove
discriminatory intent. Seif v. Chester Residents Concerned for Quality
Living set the precedent that citizens can sue under section 601. There
has not yet been a case in which a citizen has sued under section 602,
which calls into question whether this right of action exists.
The Equal Protection Clause of the Fourteenth Amendment, which was
used many times to defend minority rights during the 1960s, has also
been used in numerous environmental justice cases.
When environmentalism first became popular during the early 20th
century, the focus was wilderness protection and wildlife preservation.
These goals reflected the interests of the movement's initial, primarily
white middle and upper class supporters, including through viewing
preservation and protection via a lens that failed to appreciate the
centuries-long work of indigenous communities who had lived without
ushering in the types of environmental devastation these settler
colonial "environmentalists" now sought to mitigate. The actions of
many mainstream environmental organizations still reflect these early
principles.[12] Numerous low-income minorities felt isolated or negatively
impacted by the movement, exemplified by the Southwest Organizing
Project's (SWOP) Letter to the Group of 10, a letter sent to major
environmental organizations by several local environmental justice
activists.[13] The letter argued that the environmental movement was so
concerned about cleaning up and preserving nature that it ignored the
negative side-effects that doing so caused communities nearby,
namely less job growth.[12] In addition, the NIMBY movement has
transferred locally unwanted land uses (LULUs) from middle-class
neighborhoods to poor communities with large minority populations.
Therefore, vulnerable communities with fewer political opportunities
are more often exposed to hazardous waste and toxins. This has
resulted in the PIBBY principle, or at least the PIMBY (Place-in-
minorities'-backyard), as supported by the United Church of Christ's
study in 1987.
As a result, some minorities have viewed the environmental movement
as elitist. Environmental elitism manifested itself in three different
forms:
1. Compositional – Environmentalists are from the middle and
upper class.
2. Ideological – The reforms benefit the movement's supporters
but impose costs on nonparticipants.
3. Impact – The reforms have "regressive social impacts". They
disproportionately benefit environmentalists and harm
underrepresented populations.
Supporters of economic growth have taken advantage of
environmentalists' neglect of minorities. They have convinced minority
leaders looking to improve their communities that the economic
benefits of industrial facility and the increase in the number of jobs are
worth the health risks. In fact, both politicians and businesses have
even threatened imminent job loss if communities do not accept
hazardous industries and facilities. Although in many cases local
residents do not actually receive these benefits, the argument is used
to decrease resistance in the communities as well as avoid
expenditures used to clean up pollutants and create safer workplace
environments.
Existing organizations and leaders[edit]
Just as the civil rights movement of the 1960s began in the South, the
fight for environmental equity has been largely based in the South,
where environmental discrimination is most prominent. In these
southern communities, black churches and other voluntary
associations are used to organize resistance efforts, including research
and demonstrations, such as the protest in Warren County, North
Carolina. As a result of the existing community structure, many church
leaders and civil rights activists, such as Reverend Benjamin Chavis
Muhammad, have spearheaded the Environmental Justice movement.
[22]
The Bronx, in New York City, has become a recent example of
Environmental Justice succeeding. Majora Carter spearheaded
the South Bronx Greenway Project, bringing local economic
development, local urban heat island mitigation, positive social
influences, access to public open space, and aesthetically stimulating
environments. The New York City Department of Design and
Construction has recently recognized the value of the South Bronx
Greenway design, and consequently utilized it as a widely distributed
smart growth template. This venture is the ideal shovel-ready project
with over $50 million in funding.
Litigation
Several of the most successful Environmental Justice lawsuits are
based on violations of civil rights laws. The first case to use civil rights
as a means to legally challenge the siting of a waste facility was in
1979. With the legal representation of Linda McKeever Bullard, the
wife of Robert D. Bullard, residents of Houston's Northwood Manor
opposed the decision of the city and Browning Ferris Industries to
construct a solid waste facility near their mostly African-American
neighborhood.
In 1979, Northeast Community Action Group, or NECAG, was formed
by African American homeowners in a suburban, middle income
neighborhood in order to keep a landfill out of their home town. This
group was the first organization that found the connection between
race and pollution. The group, alongside their attorney Linda McKeever
Bullard started the lawsuit Bean v. Southwestern Waste Management,
Inc., which was the first of its kind to challenge the sitting of a waste
facility under civil rights law. The Equal Protection Clause of
the Fourteenth Amendment, which was used many times to defend
minority rights during the 1960s, has also been used in numerous
Environmental Justice cases.
Title VI of the Civil Rights Act of 1964 is often used in lawsuits that
claim environmental inequality. The two most paramount sections in
these cases are sections 601 and 602. Section 601 prohibits
discrimination based on race, color, or national origin by any
government agency receiving federal assistance. To win an
Environmental Justice case that claims an agency violated this statute,
the plaintiff must prove the agency intended to discriminate. Section
602 requires agencies to create rules and regulations that uphold
section 601; in Alexander v. Sandoval, the Supreme Court held that
plaintiffs must also show intent to discriminate to successfully
challenge the government under 602.
Contributions of the Reproductive Justice Movement
Many participants in the Reproductive Justice Movement see their
struggle as linked with those for environmental justice, and vice
versa. Loretta Ross describes the reproductive justice framework as
addressing "the ability of any woman to determine her own
reproductive destiny" and argues this is inextricably "linked directly to
the conditions in her community – and these conditions are not just a
matter of individual choice and access."[26] Such conditions include
those central to environmental justice—including the siting of toxic
contamination and pollution of food, air, and waterways. Mohawk
midwife Katsi Cook helps illustrate one link between reproductive and
environmental justice when she explains, "at the breasts of women
flows the relationship of those generations both to society and to the
natural world. In this way the earth is our mother, grandma says. In this
way, we as women are the earth."[27] Cook founded the Mother's Milk
Project in the 1980s to address the toxic contamination of maternal
bodies through exposure to fish and water contaminated by a General
Motors Superfund site. In underscoring how contamination
disproportionately impacted Akwesasne women and their children
through gestation and breastfeeding, this Project brought to the fore
one of the many intersections between reproductive and environmental
justice.
Affected groups
Among the affected groups of Environmental Justice, those in high-
poverty and racial minority groups have the most propensity to receive
the harm of environmental injustice. Poor people account for more than
20% of the human health impacts from industrial toxic air releases,
compared to 12.9% of the population nationwide.[29] This does not
account for the inequity found among individual minority groups. Some
studies that test statistically for effects of race and ethnicity, while
controlling for income and other factors, suggest racial gaps in
exposure that persist across all bands of income.[30]
African-Americans are affected by a variety of Environmental Justice
issues. One notorious example is the "Cancer Alley" region of
Louisiana. This 85-mile stretch of the Mississippi River between Baton
Rouge and New Orleans is home to 125 companies that produce one
quarter of the petrochemical products manufactured in the United
States. The United States Commission on Civil Rights has concluded
that the African-American community has been disproportionately
affected by Cancer Alley as a result of Louisiana's current state and throughout much of the rest of the world because of the potential threat
local permit system for hazardous facilities, as well as their low socio- to human health and the natural environment, Endosulfan is a highly
economic status and limited political influence.[31] Another incidence of toxic chemical, the safe use of which cannot be guaranteed in the
long-term environmental injustice occurred in the "West Grove" many developing countries it is used in. Endosulfan, like DDT, is an
community of Miami, Florida. From 1925 to 1970, the predominately organochlorine and persists in the environment long after it has killed
poor, African American residents of the "West Grove" endured the the target pests, leaving a deadly legacy for people and wildlife.[33]
negative effects of exposure to carcinogenic emissions and toxic waste
Residents of cities along the US-Mexico border are also
discharge from a large trash incinerator called Old Smokey.[32] Despite
affected. Maquiladoras are assembly plants operated by American,
official acknowledgement as a public nuisance, the incinerator project
Japanese, and other foreign countries, located along the US-Mexico
was expanded in 1961. It was not until the surrounding, predominantly
border. The maquiladoras use cheap Mexican labor to assemble
white neighborhoods began to experience the negative impacts from
imported components and raw material, and then transport finished
Old Smokey that the legal battle began to close the incinerator.
products back to the United States. Much of the waste ends up being
Indigenous groups are often the victims of environmental illegally dumped in sewers, ditches, or in the desert. Along the
injustices. Native Americans have suffered abuses related to uranium Lower Rio Grande Valley, maquiladoras dump their toxic wastes into
mining in the American West. Churchrock, New Mexico, in Navajo the river from which 95 percent of residents obtain their drinking water.
territory was home to the longest continuous uranium mining in any In the border cities of Brownsville, Texas, and Matamoros, Mexico, the
Navajo land. From 1954 until 1968, the tribe leased land to mining rate of anencephaly (babies born without brains) is four times the
companies who did not obtain consent from Navajo families or report national average.[34]
any consequences of their activities. Not only did the miners
States may also see placing toxic facilities near poor neighborhoods as
significantly deplete the limited water supply, but they also
preferential from a Cost Benefit Analysis (CBA) perspective. A CBA
contaminated what was left of the Navajo water supply with uranium.
may favor placing a toxic facility near a city of 20,000 poor people than
Kerr-McGee and United Nuclear Corporation, the two largest mining
near a city of 5,000 wealthy people.[35] Terry Bossert of Range
companies, argued that the Federal Water Pollution Control Act did not
Resources reportedly has said that it deliberately locates its operations
apply to them, and maintained that Native American land is not subject
in poor neighbourhoods instead of wealthy areas where residents have
to environmental protections. The courts did not force them to comply
more money to challenge its practices.[36] Northern California's East Bay
with US clean water regulations until 1980.[31]
Refinery Corridor is an example of the disparities associated with race
The most common example of environmental injustice among Latinos and income and proximity to toxic facilities.[37]
is the exposure to pesticides faced by farmworkers. After DDT and
It has been argued that environmental justice issues generally tend to
other chlorinated hydrocarbon pesticides were banned in the United
affect women in communities more so than they affect men. This is
States in 1972, farmers began using more acutely toxic
due to the way that women typically interact more closely with their
organophosphate pesticides such as parathion. A large portion of
environments at home, such as through handling food preparation and
farmworkers in the US are working as undocumented immigrants, and
childcare. Women also tend to be the leaders in environmental justice
as a result of their political disadvantage, are not able to protest
activist movements. Despite this, it tends not to be considered a
against regular exposure to pesticides or benefit from the protections
mainstream feminist issue.
of Federal laws.[31] Exposure to chemical pesticides in the cotton
industry also affects farmers in India and Uzbekistan. Banned
U.S. Environmental Protection Agency
The United States Environmental Protection Agency (EPA), founded
during the Nixon administration, was established on December 2,
1970,[39][circular reference] as greater concern for environmental pollution was
being highlighted. During this time, astronauts began photographing
Earth from space that emphasized Earth’s finite resources,[40][41] Rachel
Carson published her book Silent Spring on the detriment of pesticide
use in 1962,[42][circular reference] offshore oil rig spills contaminated the oceans
along California’s coast,[43][circular reference] and in Cleveland, Ohio,
the Cuyahoga River filled with chemical contaminants burst into
flames.[44]
The EPA's mission is to "protect human health and the environment",
[45]
and has expanded to officially include environmental justice in 1994
by President Clinton signing the EJ Executive Order.[46] The executive
order established an Interagency Working Group on Environmental
Justice that is chaired by the EPA Administrator and heads of 17
departments, agencies, and several White House offices[47] in order to
collectively promote and advance environmental justice principals all
across the United States.
Lisa P. Jackson, who served as the EPA Administrator from 2009 to
2013, stated,[48]
We must take special pains to connect with those who have been
historically underrepresented in EPA decision making, including the
disenfranchised in our cities and rural areas, communities of color,
native Americans, people disproportionately impacted by pollution, and
small businesses, cities, and towns working to meet their
environmental responsibilities. Like all Americans, they deserve an
EPA with an open mind, a big heart, and a willingness to listen.
Office of Environmental Justice[edit]
Before President Clinton's EJ Executive Order, the Office of
Environmental Justice (OEJ) was created in 1992 and has coordinated
efforts of the EPA to address the needs of those most vulnerable by
decreasing environmental burdens, increasing environmental benefits,
and working with all levels of government and communities to build a
healthier and more sustainable environment. The Office of
Environmental Justice provides technical and financial assistance to
communities working to address environmental justice issues.[46]
Partnerships & Engagement
The EPA recognizes the importance of meaningful collaboration and
thus engages with relevant stakeholders to maximize EJ efforts in
communities. The National Environmental Justice Advisory
Council (NEJAC) provides independent advice and recommendations
to the EPA Administrator that crosses various environmental justice
issues. The Tribal Consultation & Indigenous People’s Engagement
works with federally recognized tribes and other indigenous peoples to
prioritize their environmental and public health issues.[49]
Direct Support
OEJ provides financial resources for creating healthy, sustainable and
equitable communities through the Environmental Justice Small Grants
Program and the Collaborative Problem-Solving Cooperative
Agreement Program. As of 2016, more than $36 million of financial
assistance has been given to nearly 1,500 community-based
organizations.
The Technical Assistance Services for Communities program provides
a way for communities to gain better understanding of the decision-
making process as well as assist to understand the science,
regulations, and policies that impact environmental issues and EPA
actions.[49]
2012 Environmental Justice Strategy[edit]
In compliance with the August 2011 Memorandum of Understanding
on Environmental Justice and Executive Order 12898 (MOU), USDA
released a final Environmental Justice Strategic Plan: 2012 to 2014 on
February 7, 2012 (Strategic Plan), which identifies new and updated
goals and performance measures beyond what USDA identified in a
1995 EJ strategy it adopted in response to E.O. 12898.[60] In the same
week, it also released its first annual implementation progress report
(Progress Report), as the MOU also required.[61] The Secretary's
message accompanying the Strategic Plan described two immediate
tasks: 1) each agency within USDA is required to identify a point of
contact for EJ issues, at the Senior Executive Service (SES) level; and
2) each agency must develop its own EJ strategy prior to April 15,
2012, and begin implementing it as soon as possible.[62] As of May
2012, it did not appear that such strategies had been made public,
although sub-agencies provided internal reports to the USDA's EJ
steering committee on April 9, 2012, according to Holmes. The
Secretary's message contained strong language that, "Given that
USDA programs touch almost every American every day, the
Department is well positioned to help in [the environmental justice]
effort."[62] USDA has determined that it can achieve the requirements
of the Executive Order by integrating EJ into its programs, rather than
implementing new and costly programs.[63] The agency took this same
approach in an EJ strategy it adopted in 1995.[64] In some areas, such
as agricultural chemicals and effects to migrant workers, USDA
reviews its practices to identify potential disproportionate, adverse
impacts on EJ communities, according to Blake Velde, Senior
Environmental Scientist with the USDA Hazardous Materials
Management Division.[65] Generally, USDA believes its existing
technical and financial assistance programs provide solutions to
environmental inequity, such as its initiatives on education, food
deserts, and economic development in impacted communities, and
ensuring access to environmental benefits is the focus of USDA's EJ
efforts.
Natural Resources and Environment (NRE) Under Secretary Harris
Sherman is the political appointee generally responsible for USDA's EJ
strategy, with Patrick Holmes, a senior staffer to the Under Secretary,
playing a coordinating role. Although USDA has no staff dedicated
solely to EJ, its sub-agencies have many offices dedicated to civil
rights compliance, outreach and communication and environmental
review whose responsibilities incorporate EJ issues.[66] The Strategic
Plan was developed with the input of an Environmental Justice
Working Group, made up of staff and leadership representing the
USDA's seven mission areas and the SES-level contacts, which were
appointed in early 2012, serve as a steering committee for the
agency's efforts.[66] The Strategic Plan is organized according to six
goals, which were purposefully left broad, and lists specific objectives
and agency performance measures under each goal. The details and
specific implementation of many of these programs and the
performance measures are left to the departments and sub-agencies
to develop.[67] The six goals are to:
 Ensure USDA programs provide opportunities for EJ communities.
 Provide targeted training and capacity-building to EJ communities.
 Expand public participation in agency activities, to enhance the
"credibility and public trust" of the USDA.
 Ensure USDA's activities do not have disproportionately high and
adverse human health impacts, and resolve environmental justice
issues and complaints.
 Increase the awareness of EJ issues among USDA employees.
 Update and/or Develop Departmental and Agency Regulations on
EJ.
The Strategic Plan also lists existing programs that either currently
support the goal, or are expected to in the future. According to Holmes,
some of the challenges of the Strategic Plan process have stemmed
from the diverse programs and missions that the agency serves,
limitations on staff time, and budgets.[68]
Environmental Justice initiatives[edit]
The Strategic Plan requires that EJ must be integrated into the
strategies and evaluations for sub-agencies' technical and financial
assistance programs.[69] It also emphasizes public participation,
community capacity-building, EJ awareness and training within the
USDA.
Transparency, accountability, accessibility and community
participation[edit]
A stated goal of USDA's Strategic Plan is to expand public participation
in agency activities, to enhance the "credibility and public trust" of the
USDA.[70] Specifically, the agency will update its public participation
guidelines to include EJ, beginning this process by April 15, 2012. The
Strategic Plan emphasizes capacity-building in EJ communities, and
includes objectives that emphasize communication between USDA
and environmental justice communities, including Tribal consultation.
Sub-agencies must announce schedules for training programs in EJ
communities and to develop new, preliminary outreach materials on
USDA programs by April 15, 2012.[71] An additional performance
standard is to encourage EJ communities to participate in the NEPA
process, an effort the Strategic Plan requires on or before February 29,
2012,[72] although the Strategic Plan does not articulate a standard by
which this could be measured. The Strategic Plan also reiterates
compliance with the Executive Orders on Tribal consultation and
outreach to non-proficient English speakers, and seeks more diverse
representation on regional forest advisory committees. [community
participation, outreach].
Generally, the USDA's process for developing the Strategic Plan
demonstrates a commitment to public involvement. The USDA EJ
documents are currently housed obscurely within the Departmental
Management section of the USDA website, under the Hazardous
Materials Management Division, although the agency plans to update
its entire site in 2012 and create a more robust EJ page.[73] The
Strategic Plan was released in draft form in December 2011 for a 30-
day public comment period, and responses to general types of
comments received are in the Progress Report, although the
comments themselves are not online.[74] The Secretary's message
accompanying the Strategic Plan requests that organizations and
individuals to continue to contact USDA with comments on the
Strategic Plan and to identify USDA programs that have been the most
beneficial to their communities.[62] The agency has a dedicated email
address for this purpose. Agency leadership has asked its sub-
agencies to prepare responses to additional comments that have been
received, and the agency will release an interim progress report, prior
to winter 2013.[66] [community participation, outreach, education]
Internal evaluation and training[edit]
The Strategic Plan also seeks to increase the awareness of
environmental justice issues among USDA employees.[75] The Strategic
Plan does not list any existing programs in this area, but does list a
series of performance measures going forward, most of which must be
met by April 15, 2012. The measures include environmental justice
trainings, new web pages, and potential revisions to staff manuals and
handbooks. Sub-agencies began reviewing their existing training in
2012 and in their April 9, 2012 reports to the USDA EJ steering
committee, sub-agencies were asked to describe their goals for
enhanced EJ training.[66] This internal, educational undertaking appears
to be new in the 2012 Strategic Plan. The Strategic Plan targets
Responsible Officials, meaning office and program managers, for the
trainings, as well as the SES-level points of contact required by the
Secretary's message. [education, study, compliance and enforcement]
The EJ Strategy tasked each sub-agency with developing its own EJ
strategy document by spring 2012, although as of May 2012 the sub-
agencies were still in an evaluation stage and had not issued final
documents.[62] For many sub-agencies, the 2012 process has been
their first focused assessment of their EJ impact and opportunities.
[66]
Going forward, sub-agencies will submit twice-yearly reports to NRE
about their implementation of the Strategic Plan's goals; the first of
these was due April 9, 2012, and as of May 2012, the USDA's EJ
steering committee was evaluating the first reports.[66]
Establishment of performance metrics[edit]
As part of its effort to ensure that EJ communities have the opportunity
to participate in USDA programs, the Strategic Plan requires each sub-
agency to set measurements through which it can track increased EJ
community participation in USDA technical and financial assistance
programs.[69] This must be done by April 15, 2012. As of late April 2012,
the sub-agencies were still in the process of describing a baseline of
current activities and determining the metrics to evaluate improvement,
such as staff time, grant funding or increased programming.[66] The
ultimate metrics are likely to be somewhat subjective, and must be
flexible given the broad range of undertakings by the sub-agencies.
[66]
Also related to evaluation, the Strategic Plan requires the sub-
agencies to determine an effective methodology with which they can
evaluate whether USDA programs have disproportionate impacts.
[76]
[study, redressing environmental racism, compliance and
enforcement]
EJ Initiatives in Marginalized CommunitIES
Tribal outreach[edit]
USDA has had a role in implementing Michelle Obama's Let's
Move campaign in tribal areas, by increasing participation by Bureau of
Indian Education schools in Federal nutrition programs, in the
development of community gardens on tribal lands, and in the
development of tribal food policy councils.[77] This is combined with
measures to provide Rural Development funding for community
infrastructure in Indian Country.[66] [children's issues, education, diet,
grants, Native Americans, public health].
The U.S. Forest Service (USFS) is working to update its policy on
protection and management of Native American Sacred Sites, an effort
that has included listening sessions and government-to-government
consultation.[78] The Animal and Plant Health Inspection Service
(APHIS) has also consulted with Tribes regarding management of
reintroduced of species, where Tribes may have a history of
subsistence-level hunting of those species. Meanwhile, the Agricultural
Marketing Service (AMS) is exploring a program to use meat from
bisons raised on Tribal land to supply AMS food distribution programs
to Tribes.[66] [Native Americans, diet, subsistence, community
participation]
The Intertribal Technical Assistance Network works to improve access
of Tribal governments, communities and individuals to USDA technical
assistance programs.[79]
Technical and financial assistance to farmers[edit]
The Progress Report highlights the NRCS Strike Force Initiative, which
has identified impoverished counties in Mississippi, Georgia and
Arkansas to receive increased outreach and training regarding USDA
assistance programs. USDA credits this increased outreach with
generating a 196 percent increase in contracts, representing more than
250,000 acres of farmland, in its Environmental Quality Incentives
Program.[79] [economic benefit, equitable development, grants,
outreach, ej as evaluation criteria] NRCS works with "private
landowners protect their natural resources"[80] through conservation
planning and assistance with the goal of maintaining "productive lands
and healthy ecosystems."[81] NRCS has its own civil rights compliance
guidance document, and in 2001 NRCS funded and published a study,
"Environmental Justice: Perceptions of Issues, Awareness and
Assistance," focused on rural, Southern "Black Belt" counties and
analyzing how the NRCS workforce could more effectively integrate
environmental justice into impacted communities.[82] [compliance and
enforcement, redressing environmental racism, grants, study, ej as
evaluation criteria]
The Farm Services Agency in 2011 devoted $100,000 of its Socially
Disadvantaged Farmers and Ranchers program budget to improving
its outreach to counties with persistent poverty, including improving its
materials and building relationships with local universities and
community groups.[83] [economic benefit, equitable development,
grants, outreach, ej as evaluation criteria]
In addition, USDA's Risk Management Agency has initiated education
and outreach to low-income farmers regarding use of biological
controls, rather than pesticides, for pest control, efforts that the agency
believes are valuable in the face of climate change.[66] [climate change,
agricultural chemicals, education]
Rural outreach
USDA Secretary Tom Vilsack has placed a clear emphasis on
supporting EJ in rural areas.[59] Although "often the highest profile
battles on [environmental justice] issue[s] are waged in at-risk
neighborhoods in major cities or at Superfund sites located near
populated urban and suburban areas" Vilsack highlighted the often
overlooked rural areas where environmental justice is largely ignored.
[59]
Through its Rural Utilities Service, the USDA supports a number of
Water and Environmental Programs. These programs work to
administer water and wastewater loans or grants to rural areas and
cities to support water and wastewater, stormwater and solid waste
disposal systems, including SEARCH Grants that are targeted to
financially distressed, small rural communities and other opportunities
specifically for Alaskan Native villages and designated Colonias.;[84][85] In
his speech, Secretary Vilsack said that the USDA funded 2,575 clean
water projects in rural areas during a two-year period to address
problems ranging from wastewater treatment to sewage treatment.
[59]
[water, land use, compliance and enforcement, improving health and
safety, pollution cleanup, ej as evaluation criteria]
The USDA also supports the Rural Energy for America Grant Program.
This program provides grants and loans to farmers, ranchers and rural
small businesses to finance renewable energy systems and energy
efficiency improvements.[86][grants, economic benefit, ej as evaluation
criteria]
Green jobs and capacity building[edit]
A 2011 MOU between a USDA sub-agency, the Food Safety
Inspection Service (FSIS) and the American Indian Science and
Engineering Society that aims to increase the number of Native
Americans entering the FSIS career path;[87] [education, community
participation, economic benefit, green jobs, Native Americans, diet,
interagency collaboration]
A partnership between APHIS and the Rural Coalition (Coalicion)--an
alliance of regionally and culturally diverse organizations working to
build a more just and sustainable food system. The partnership
focuses on outreach, fair returns to minority and other small farmers
and rural communities, farmworker working conditions, environmental
protection and food safety.[79] [agricultural chemicals, community
participation, diet, economic benefit, outreach, improving health and
safety, ej as evaluation criteria]
USFS is also funding pilot initiatives, such as its Urban Water
Ambassadors, summer internship positions for youth who coordinate
and implement urban tree planting projects.[66] In 2011, USFS provided
a grant to the Maryland Department of Natural Resources that funded
14 summer jobs for youth in Baltimore to work on urban watershed
restoration programs.[88] [community participation, green jobs, mapping,
water].
Current activities[edit]
In 2019, the Democratic party held the First-Ever Presidential Forum
on Environmental Justice.[121]
IN EUROPE:
In Europe, the Romani peoples are ethnic minorities and differ from the
rest of the European people by their culture, language, and history.
The environmental discrimination that they experience ranges from the
unequal distribution of environmental harms as well as the unequal
distribution of education, health services and employment. In many
countries Romani peoples are forced to live in the slums because
many of the laws to get residence permits are discriminatory against
them. This forces Romani people to live in urban "ghetto" type housing
or in shantytowns. In the Czech Republic and Romania, the Romani
peoples are forced to live in places that have less access to running
water and sewage, and in Ostrava, Czech Republic, the Romani
people live in apartments located above an abandoned mine, which
emits methane. Also in Bulgaria, the public infrastructure extends
throughout the town of Sofia until it reaches the Romani village where
there is very little water access or sewage capacity.[124]
The European Union is trying to strive towards environmental justice
by putting into effect declarations that state that all people have a right
to a healthy environment. The Stockholm Declaration, the
1987 Brundtland Commission's Report – "Our Common Future",
the Rio Declaration, and Article 37 of the Charter of Fundamental
Rights of the European Union, all are ways that the Europeans have
put acts in place to work toward environmental justice.[124] Europe also
funds action-oriented projects that work on furthering Environmental
Justice throughout the world. For example, EJOLT (Environmental
Justice Organisations, Liabilities and Trade) is a large multinational
project supported through the FP7 Science in Society budget line from
the European Commission.[further explanation needed] From March 2011 to March
2015, 23 civil society organizations and universities from 20 countries
in Europe, Africa, Latin-America, and Asia are, and have promised to
work together on advancing the cause of Environmental Justice.
EJOLT is building up case studies, linking organisations worldwide,
and making an interactive global map of Environmental Justice.[125] A
recent study of Environmental justice in Natura 2000 notes that an
environmental just policy can empower residents with the capacity to
initiate social change. In return, this social change modifies the form
that empowerment will take [12].
Sweden[edit]
Sweden became the first country to ban DDT in 1969.[126] In the 1980s,
women activists organized around preparing jam made from pesticide-
tainted berries, which they offered to the members of parliament.[127]
[128]
Parliament members refused, and this has often been cited as an
example of direct action within ecofeminism.
United Kingdom[edit]
Whilst the predominant agenda of the Environmental Justice
movement in the United States has been tackling issues of race,
inequality, and the environment, environmental justice campaigns
around the world have developed and shifted in focus. For example,
the EJ movement in the United Kingdom is quite different. It focuses on
issues of poverty and the environment, but also tackles issues
of health inequalities and social exclusion.[129] A UK-based NGO, named
the Environmental Justice Foundation, has sought to make a direct link
between the need for environmental security and the defense of basic
human rights.[130] They have launched several high profile campaigns
that link environmental problems and social injustices. A campaign
against illegal, unreported and unregulated (IUU) fishing highlighted
how 'pirate' fisherman are stealing food from local, artisanal fishing
communities.[131][132] They have also launched a campaign exposing the
environmental and human rights abuses involved in cotton production
in Uzbekistan. Cotton produced in Uzbekistan is often harvested by
children for little or no pay. In addition, the mismanagement of water
resources for crop irrigation has led to the near eradication of the Aral
Sea.[133] The Environmental Justice Foundation has successfully
petitioned large retailers such as Wal-mart and Tesco to stop
selling Uzbek cotton.[134]
Building of alternatives to climate change[edit]
In France, numerous Alternatiba events, or villages of alternatives, are
providing hundreds of alternatives to climate change and lack of
environmental justice, both in order to raise people's awareness and to
stimulate behaviour change. They have been or will be organized in
over sixty different French and European cities, such
as Bilbao, Brussels, Geneva, Lyon or Paris.
South Africa[edit]
Under colonial and apartheid governments in South Africa, thousands
of black South Africans were removed from their ancestral lands to
make way for game parks. Earthlife Africa was formed in 1988
(www.earthlife.org.za), making it Africa's first environmental justice
organisation. In 1992, the Environmental Justice Networking Forum
(EJNF), a nationwide umbrella organization designed to coordinate the
activities of environmental activists and organizations interested in
social and environmental justice, was created. By 1995, the network
expanded to include 150 member organizations and by 2000, it
included over 600 member organizations.[135]
With the election of the African National Congress (ANC) in 1994, the
environmental justice movement gained an ally in government. The
ANC noted "poverty and environmental degradation have been closely
linked" in South Africa.[attribution needed] The ANC made it clear that
environmental inequalities and injustices would be addressed as part
of the party's post-apartheid reconstruction and development mandate.
The new South African Constitution, finalized in 1996, includes a Bill of
Rights that grants South Africans the right to an "environment that is
not harmful to their health or well-being" and "to have the environment
protected, for the benefit of present and future generations through
reasonable legislative and other measures that
 1. prevent pollution and ecological degradation;
2. promote conservation; and
3. secure ecologically sustainable development and use of natural
resources while promoting justifiable economic and social
development".[135]
South Africa's mining industry is the largest single producer of solid
waste, accounting for about two-thirds of the total waste stream.
[vague]
Tens of thousands of deaths have occurred among mine workers
as a result of accidents over the last century.[136] There have been
several deaths and debilitating diseases from work-related illnesses
like asbestosis.[citation needed] For those who live next to a mine, the quality of
air and water is poor. Noise, dust, and dangerous equipment and
vehicles can be threats to the safety of those who live next to a mine
as well.[citation needed] These communities are often poor and black and have
little choice over the placement of a mine near their homes.
The National Party introduced a new Minerals Act that began to
address environmental considerations by recognizing the health and
safety concerns of workers and the need for land rehabilitation during
and after mining operations. In 1993, the Act was amended to require
each new mine to have an Environmental Management Program
Report (EMPR) prepared before breaking ground. These EMPRs were
intended to force mining companies to outline all the possible
environmental impacts of the particular mining operation and to make
provision for environmental management.[135]
In October 1998, the Department of Minerals and Energy released a
White Paper entitled A Minerals and Mining Policy for South Africa,
which included a section on Environmental Management. The White
Paper states "Government, in recognition of the responsibility of the
State as custodian of the nation's natural resources, will ensure that
the essential development of the country's mineral resources will take
place within a framework of sustainable development and in
accordance with national environmental policy, norms, and standards".
It adds that any environmental policy "must ensure a cost-effective and
competitive mining industry."[135]
Australia[edit]
In Australia, the "Environmental Justice Movement" is not defined as it
is in the United States. Australia does have some discrimination mainly
in the siting of hazardous waste facilities in areas where the people are
not given proper information about the company. The injustice that
takes place in Australia is defined as environmental politics on who get
the unwanted waste site or who has control over where factory opens
up. The movement towards equal environmental politics focuses more
on who can fight for companies to build, and takes place in the
parliament; whereas, in the United States Environmental Justice is
trying to make nature safer for all people.[137]
Ecuador[edit]
An example of the environmental injustices that indigenous groups
face can be seen in the Chevron-Texaco incident in the Amazon
rainforest. Texaco, which is now Chevron, found oil in Ecuador in 1964
and built sub-standard oil wells to cut costs.[138] The deliberately used
inferior technology to make their operations cheaper, even if
detrimental to the local people and environment. After the company left
in 1992, they left approximately one thousand toxic waste pits open
and dumped billions of gallons of toxic water into the rivers.[138]
Kenya[edit]
Kenya has, since independence in 1963, focused on environmental
protectionism. Environmental activists such as Wangari Maathai stood
for and defend natural and environmental resources, often coming into
conflict with the Daniel Arap Moi and his government. The country has
suffered Environmental issues arising from rapid urbanization
especially in Nairobi, where the public space, Uhuru Park, and game
parks such as the Nairobi National Park have suffered encroachment
to pave way for infrastructural developments like the Standard Gage
Railway and the Nairobi Expressway. one of the Top environmental
lawyers, Kariuki Muigua, has championed environmental Justice and
access to information and legal protection, authoring the
Environmental Justice Thesis on Kenya's milestones.[139]
Environmental Justice is guarded by and protected by the 2010
constitution, with legal procedures against damaging practices and
funding from the national government and external donors to secure a
clean, healthy and Eco-balanced environment. Nairobi, however,
continues to experience poor environmental protection, with the
Nairobi River always clogging and being emptied, an issue that the
Government blames on high informal sector and business
development in the city. the sector has poor waste disposals, leading
to pollution.
South Korea[edit]
South Korea has a relatively short history of environmental justice
compared to other countries in the west. As a result of
rapid industrialization, people started to have awareness on pollution,
and from the environmental discourses the idea of environmental
justice appeared. The concept of environmental justice appeared in
South Korea in late 1980s.[140]
South Korea experienced rapid economic growth (which is commonly
referred to as the 'Miracle on the Han River') in the 20th century as a
result of industrialization policies adapted by Park Chung-hee after
1970s. The policies and social environment had no room for
environmental discussions, which aggravated the pollution in the
country.[141]
Environmental movements in South Korea started from air
pollution campaigns. As the notion of environment pollution spread, the
focus on environmental activism shifted from existing pollution to
preventing future pollution, and the organizations eventually started to
criticize the government policies that are neglecting the environmental
issues.[142] The concept of environmental justice was introduced in
South Korea among the discussions of environment after 1990s. While
the environmental organizations analyzed the condition of pollution in
South Korea, they noticed that the environmental problems were
inequitably focused especially on regions where people with low social
and economic status were concentrated.
The problems of environmental injustice have arisen by environment
related organizations, but approaches to solve the problems were
greatly supported by the government, which developed various policies
and launched institution. These actions helped raise awareness of
environmental justice in South Korea. Existing environment policies
were modified to cover environmental justice issues.
Environmental justice began to be widely recognized in the 1990s
through policy making and researches of related institutions. For
example, the Ministry of Environment, which was founded in 1992,
launched Citizen's Movement for Environmental Justice (CMEJ) to
raise awareness of the problem and figure out appropriate plans.[143] As
a part of its activities, Citizen's Movement for Environmental Justice
(CMEJ) held Environmental Justice forum in 1999, to gather and
analyze the existing studies on the issue which were done sporadically
by various organizations. Citizen's Movement for Environmental
Justice (CMEJ) started as a small organization, but it is keep growing
and expanding. In 2002, CMEJ had more than 5 times the numbers of
members and 3 times the budget it had in the beginning year.[144][145]
Environmental injustice is still an ongoing problem. One example is the
construction of Saemangeum Seawall. The construction of
Saemangeum Seawall, which is the world's longest dyke (33
kilometers) runs between Yellow Sea and Saemangeum estuary, was
part of a government project initiated in 1991.[146] The project raised
concerns on the destruction of ecosystem and taking away the local
residential regions. It caught the attention of environmental justice
activists because the main victims were low-income fishing population
and their future generations. This is considered as an example of
environmental injustice which was caused by the execution of
exclusive development-centered policy.
The construction of Seoul-Incheon canal also raised environmental
justice controversies.[147] The construction took away the residential
regions and farming areas of the local residents. Also, the environment
worsened in the area because of the appearance of wet fogs which
was caused by water deprivation and local climate changes caused by
the construction of canal. The local residents, mostly people with weak
economic basis, were severely affected by the construction and
became the main victims of such environmental damages. While the
socially and economically weak citizens suffered from the
environmental changes, most of the benefits went to the industries and
conglomerates with political power.
Construction of industrial complex was also criticized in the context of
environmental justice. The conflict in Wicheon region is one example.
The region became the center of controversy when the government
decided to build industrial complex of dye houses, which were formerly
located in Daegu metropolitan region. As a result of the
construction, Nakdong River, which is one of the main rivers in South
Korea, was contaminated and local residents suffered from
environmental changes caused by the construction.[148][149]
Environmental justice is a growing issue in South Korea. Although the
issue is not yet widely recognized compared to other countries, many
organizations beginning to recognize the issue.[150]
Between Northern and Southern countries[edit]
Environmental discrimination in a global perspective is also an
important factor when examining the Environmental Justice movement.
Even though the Environmental Justice movement began in the United
States, the United States also contributes to expanding the amount of
environmental injustice that takes place in less-developed countries.
[151]
Some companies in the United States and in other developed
nations around the world contribute to the injustice by shipping the
toxic waste and byproducts of factories to less-developed countries for
disposal. This act increases the amount of waste in the third world
countries, most of which do not have proper sanitation for their own
waste much less the waste of another country. Often, the people of the
less-developed countries are exposed to toxins from this waste and do
not even realize what kind of waste they are encountering or the health
problems that could come with it.[152]
One prominent example of northern countries shipping their waste to
southern countries took place in Haiti. Philadelphia, Pennsylvania had
ash from the incineration of toxic waste that they did not have room to
dump. Philadelphia decided to put the ash into the hands of a private
company, which shipped the ash and dumped it in various other parts
of the world, outside of the United States. The Khian Sea, the ship the
ash was put on, sailed around the world and many countries would not
accept the waste because it was hazardous for the environment and
the people. The ship owners finally dumped the waste, labeled
Fertilizer, in Haiti, on the beach, and sailed away in the night. The
government of Haiti was infuriated and called for the waste to be
removed, but the company would not come to take the ash away. The
fighting over who was responsible for the waste and who would
remove the waste went on for many years. After debating for over ten
years, the waste was removed and taken back to a site just outside
Philadelphia to be disposed of permanently.[152]
The reason that this transporting of waste from Northern countries to
the Southern countries takes place is because it is cheaper to transport
waste to another country and dump it there, than to pay to dump the
waste in the producing country because the third world countries do
not have the same strict industry regulations as the more developed
countries. The countries that the waste is taken to are usually
impoverished and the governments have little or no control over the
happenings in the country or do not care about the people.[153]
Transnational movement networks[edit]
Many of the Environmental Justice Networks that began in the United
States expanded their horizons to include many other countries and
became Transnational Networks for Environmental Justice. These
networks work to bring Environmental Justice to all parts of the world
and protect all citizens of the world to reduce the environmental
injustice happening all over the world. Listed below are some of the
major Transnational Social Movement Organizations.[152]
 Basel Action Network – works to end toxic waste dumping in poor
undeveloped countries from the rich developed countries.[154]
 GAIA (Global Anti-Incinerator Alliance) – works to find different
ways to dispose of waste other than incineration. This company
has people working in over 77 countries throughout the world.
 GR (Global Response) – works to educate activists and the upper
working class how to protect human rights and the ecosystem.
 Greenpeace International – which was the first organization to
become the global name of Environmental Justice. Greenpeace
works to raise the global consciousness of transnational trade of
toxic waste.
 Health Care without Harm – works to improve the public health by
reducing the environmental impacts of the health care industry.[155]
 International Campaign for Responsible Technology – works to
promote corporate and government accountability with electronics
and how the disposal of technology affect the environment.
 International POPs Elimination Network – works to reduce and
eventually end the use of persistent organic pollutants (POPs)
which are harmful to the environment.
 PAN (Pesticide Action Network) – works to replace the use of
hazardous pesticides with alternatives that are safe for the
environment.[156]
Energy and Environmental Justice[edit]
While looking at nuclear power, coal, oil and gas, biomass,
and hydroelectric power, one can see potential environmental justice
issues with each energy option.
Nuclear Power:
 Nuclear power has disproportionately affected communities of
color in the past. This impact has occurred by mining uranium on
Native American lands,[157] placing uranium enrichment facilities in
Black and Hispanic communities, and placing “low-level” nuclear
waste disposal sites in non-white communities.[158]
 Nuclear reactors, especially older ones, have a higher potential to
pollute the surrounding air and water with radioactive pollution.
 In the United States, new nuclear power reactors are being
planned and built. One of the most recently planned and built
nuclear reactor is located in Claiborne County, Mississippi, a
demographically 82% African-American county.[159]
 A study published in 2009[160] found that the currently operating
nuclear reactors are predominantly concentrated in the
Southeastern U.S. and that the reactors are typically found in low-
income communities.
Coal
 68% of African-Americans live within 30 miles of a coal-powered
energy source. This distance is close enough in which the
smokestack plume and pollution’s maximum effects are expected
to occur. In contrast, around 56% of the white population lives
within 30 miles of these coal-powered plants. These statistics show
that coal-powered plants disproportionately affect African-
American communities.[161]
 Coal mining has harmed low-income rural communities in the
Appalachian Mountain area. The mountains in these areas are
being demolished, and the valleys are being filled with coal waste.
This waste then pollutes the air and local water utilized by the
region’s plants, animals, and people.[162]
Oil and Gas
 New gas and oil pipelines have been proposed to be built around
the United States. One proposed project would construct an
Alaskan natural gas pipeline to deliver natural gas to the lower
continental 48 states. The areas in which this oil and gas drilling
would occur in Northern Alaska are inhabited mainly by Native
Americans.[163] These Native Americans rely on the health of the
environment and the wildlife in the area, and this drilling has the
potential to harm this.
Biomass Incineration
 Incinerators have largely been located in low-income and or
minority communities. The pollution that these plants give off
contaminated the local air and water systems. The results of these
 biomass incineration facilities can lead to an increase in disability
and disease, which will lead to increased medical costs for these
low-income areas.[citation needed]
Hydroelectric Power
 Proposed hydroelectric dams in Canada would flood large areas of
land that are traditional Native American lands. This process would
displace these people from their homes while also harming their
historical sites and burial grounds in these areas.[164]
 These hydroelectric dams can cause methane to be released
when the vegetation is flooded. This pollution can contaminate the
water sources and the animals that live in the water, potentially
harming those who drink this water and eat the fish from the
contaminated water source.[165]
2.2. c. Definition of Environmental justice
Environmental justice affirms the fundamental right to
political, economic, cultural, and environmental self-
determination of all peoples. Environmental
justice protects the right of victims of environmental
injustice to receive full compensation and reparations for
damages as well as quality health care.
In a very basic way, Environmental Justice is about the
intersection of human rights, infrastructure and how
people--rich and poor, living in rich or developing
countries--equitably and sustainably access the resources
and things they need to survive and prosperity.
Environmental injustice can be defined as the
disproportionate exposure of commu- nities of color and
the poor to pollution, and its concomitant effects on health
and environment, as well as the unequal envi- ronmental
protection and environmental quality provided
through laws, regulations, governmental programs.
The environmental justice movement was started by
individuals, primarily people of color, who sought to
address the inequity of environmental protection in their
communities. The Civil Rights Movement of the 1960s
sounded the alarm about the public health dangers for their
families, their communities and themselves.
The executive order established an Interagency Working
Group on Environmental Justice that is chaired by the
EPA Administrator and heads of 17 departments, agencies,
and several White House offices in order to collectively
promote and advance environmental justice principals all
across the United States. Environmental justice emerged
as a concept in the United States in the early 1980s.
According to Wikipedia - Environmental justice is the fair
treatment and meaningful involvement of all people
regardless of race, color, national origin, or income, with
respect to the development, implementation, and
enforcement of environmental laws, regulations, and
policies. This goal will be achieved when everyone enjoys
the same degree of protection from environmental and
health hazards, and equal access to the decision-making
process to have a healthy environment in which to live,
learn, and work.
Environment Justice is needed to ensure that everyone
lives in a healthy environment is important and helps to
improve their overall health - Skelton & Miller.
Other definitions include: equitable distribution of
environmental risks and benefits; fair and meaningful
participation in environmental decision-making;
recognition of community ways of life, local knowledge
and cultural differences and the capability of communities
and individuals to function and flourish in society. An
alternative meaning, used in social sciences, of the term
"justice" is "the distribution of social goods"
2.2.5 Types of Environmental justice
………………………………….
2.3 Principles of Environmental Law
Concept:
General principles related to environmental
law are known as the general principles of
environmental law. General principles of
environmental law are bodies of general
guiding rules that are widely accepted and
applied by the international community for
further development of environmental law.
Such general guiding rules are based on the
fundamental truth or doctrine concerning the
environment. The general guiding rules
indicate or create norms and obligations to
all the actors of the environment
(governmental and non – governmental
entities) in relation to the management of the
environment. In this book, the term
management refers to the protection,
conservation and preservation. Similarly, the
further development of environmental law
refers to the improvement of the law and
policy – making process, the enforcement
mechanism and the effective implementation
of environment laws.
General principles of environmental law are
very important in the progressive
development of the environmental law for all
levels: global, regional, sub – regional,
national and local directives to all
individuals, organizations and nations of the
world in all process: policy – making,
decision – making, planning and design,
project implementation, benefit sharing, and
monitoring and evaluation.
Origin:
There is no standard rule for setting out the
general principles of environmental law.
Search origin and write
……
Various forms are being used such as
declarations and recommendations of global,
regional, sub – regional, and national
conferences, decisions of meeting at the
various levels, resolutions of the
management of the environment at global,
regional and sub – regional levels, UNEP
guidelines such as the conservation and
Harmonious Utilization of Natural Resources
Shared by two or more states, and judgments
of courts and tribunals.
….see correct mathiko……
2.3.1 Preventive Principle / Principle of
Preventive Action [PPA] (NIBAARAK SIDDANTA)
This is an international environmental
principle.
Prevention is one of the significant measures
to mitigate environmental problems,
particularly in controlling pollution that is
an essential aspect of environmental
management.
This approach has been endorsed, directly or
indirectly, by the 1972 Stockholm
Conference, the 1978 UNEP Draft Principles
and the principle 14 and 15 of the World
Charter for Nature, 1982.
“Prevention is better than cure” is the
conceptual basis of this principle.
Prevention is based on a preventive
approach, which is applicable to all sectors
of the environment, government and non –
governmental organizations, wherever the
consequences of their action may be felt.
In CEL-IUCN/ICEL, 1995, there has been
clearly stated about the preventive principle
in the world: “It reiterates an ecological
facts that preventive efforts are always
preferable to remedial actions that may be
attempted after harm has occurred.”
It focuses on the fact that preventive
measures are better than remedies or
compensation. According to this principle,
every state has a duty, “not to allow
knowingly its territory to be used for acts
contrary to the rights of other states” This
principle is inherent in the Trail Smelter
case, Corfu Channel case and Lac Lanoux
case.
It has been proclaimed in Principle 21of the
Stockholm Declaration.
This principle also has been accepted in
Principle 2, 11 of the Rio Declaration.
It is also adopted in the Draft Covenant. capacity, must be halted in order to ensure that serious or
irreversible
It has also been accepted in many
damage is not inflicted upon ecosystems.'* Action should be taken
international instruments such as Art. 194 of at an early stage to reduce pollution, rather than waiting to restore
UNCLOS 1982, Art. 3 of Convention on contaminated areas. To ensure this principle, states have established
authorization procedures, commitments to environmental standards,
Biological Diversity 1992 and UNGA ways to access information, the use of penalties, and the need to
carry out environmental impact 'assessments." For example,
Resolution 2996 (XXVII) of 1972. environmental impact assessments have been incorporated as a
decision-making instrument by international organizations42 as well
This principle was accepted in Europe in as in many conventions . 3 The preventive principle has been
Single European Act, 1986 in the history of supported by international instruments preventing the introduction
of pollutants," and also by agreements in the field of international
Europe. It was used in EAD (Environmental economic law." Finally, it has also been endorsed by international
case law."
Assessement Directive/ europiye samudaueko
waatawaran mulyaankkan nirdesan.)
Assignment: Explain preventive principle of
environmental law as an international
environmental law in your own words. (3,000
words).
III. PRINCIPLE OF PREVENTIVE ACTION The pollution
prevention principle should be differentiated from the duty to avoid
environmental harm. Under this new rule, a state may be under the
obligation to prevent damage within its own jurisdiction." Therefore, 2.3.2 Polluter Pays Principle [PPP]
the discharge of toxic substances in such quantities or concentrations
which exceed the capacity of the environment's degradation
This principle holds the polluter who creates
an environmental harm liable to pay
compensation and the costs to remedy that
harm.
This principle was set out by OECD
(Organization for the Economic Cooperation
and Development). OECD had developed the
most efficient way of allocating costs of
pollution prevention and control measures
introduced by the public authorities in
member countries to encourage rational use
of source environmental resources and to
avoid distortions in international trade and
investment.
Rio Declaration (1992) also helped for this
principle. The abstract form of its statement.
National Authorities should endeavor to
promote the environmental costs and the use
of economic instruments, taking into account
the approach that the polluter should, in
principle, bear the cost of pollution, with
regard to the public interest and without
distorting international trade and investment.
This is the principle 16 of the Rio
Declaration, 1992.
Prior to and after the Rio Conference, the
polluter pays principle requirement was
included in many international treaties and
introduced into the constitutive texts of the
European Community in 1987. The simplest
formulation can be found in the 1992
Convention for the Protection for the Marine
Environment in the Northeast Atlantic.
According to the polluter pays principle,
polluter pays principle means that the cost of
pollution, prevention, control and reduction
measures are to be borne by the polluter. It
has been submitted in the article 2 (2) (b) of
the Polluter Pays Principle.
In fact, pollution control costs can be
supported either by the concerned
community, by those who pollute or by the
consumers. In the first case, there are three
possibilities. If any industry discharge
pollutants in a river;
a. The river can remain polluted and cannot
be used for certain downstream activities.
Thus the community suffers and there is
economic loss,
b. The community build an adequate water
treatment plants at its own costs,
c. The polluter receives public subsidies for
controlling the pollution.
In all above three cases, the concerned
community bears the cost of the pollution
and of the measures aiming to eliminate it or
to mitigate its effects. In order to avoid these
hypothesis, the principle obliges the polluter
to incorporate the costs of pollution control
in its own costs, to internalize them.
However, in most cases, the polluter will not
pay such costs from its own pocket, he will
incorporate them in the price of the products.
This can raise problems in the international
trade since this procedures of countries
which have no effective legislation in order
to control pollution have a competitive
advantages.
The polluter pays principle really applied in
a geographic area where the constraints
imposed on the economic actors by
environmental legislation.
In 1992, Agenda 21 also endorses the
polluter pays principle at least implicitly in
para 3.3. In this para, free market
mechanisms in which the prices of goods and
services should increasing reflect the
environmental costs and by recommending
that prices should reflected environmental
costs.
In the section 69 of the Environment and
Conservation of National Environmental
Quality Control Act of Thailand, it requires
that the owner or possessor of the point
source of pollution have the duty to
construct, install or bring into operation on
site facility for waste treatment or waste
disposal.
PPP is one of the important measures in
managing the environment, in particular, in
the management of pollution.
This principle is also closely related to the
Principle of Prevention.
Originally, PPP was known as Economic
Principle.
Certainly, PPP emphasizes the economic
aspects of environmental management.
There are various aspects of environmental
managements such as
- Social - Economic
- Ecological - Political
- Science - Technology
There is an interrelationship between these
aspects and legal principles.
PPP has been established as a legal
principle and provides guidance for the
further development of environmental law at
all levels.
PPP plays responsibilities on the entity
causing or likely to cause damage to the
environment to pay compensation for
restoration.
In so doing, the costs of these measures need
to be reflected in the cost of goods and
services, which cause pollution in production
and or in consumption.
PPP means the costs of pollution
preservation, control and reduction
measures are to be borne by the polluter.
The purpose of this principle is to include the
polluter to bear the expenses of preventing
and controlling pollution to ensure that the
environment is an acceptable state.
PPP plays an effective role in the
internalization of the externalities and to
promote environmentally sound business and
industry.
PPP requires full compensation covering the
social or environmental cost.
The OECD has promoted the use of this
principle which at present is endorsed in
several international environmental
documents.
After incorporation in a global treaty such as
the Convention on Oil Preparedness,
Response and Cooperation London 1990, the
PPP has been established as a legal
principle at the global level.
Precedents
1. In the case of Indian Council for
Envirolegal Actions vs. Union of Indian, the
supreme court of India ruled that the PPP
demands that the financial cost of preventing
or remanding damage caused by pollution
should lie with the under taking which cause
pollution. Under the principle, it is not the
role of government to meet the cost involved
in either prevention of such damage, or in
carrying act remedial action, because the
effect of this would be to sift the financial
burden of pollution incident tax payer.
2. In the case of Vellore Citizens Welfare
Forum vs. Union of India, The supreme court
also observed that “The Polluter Pays
Principle has been interpreted by this court
means that the absolute liability for harm to
the environment extends not only to
compensate the victims of pollution but the
cost of restoring the environmental
degradation." From this basis, we can say
that the court accepted PPP as essential
features of sustainable development.
3. USA has been paying continuously a large
amount of money to Mexico every year
because of the pollution done by USA.
Assignment: What do you mean by
pollution? Explain PPP in your own words
and also mention related precedents. (2500
words).
2.3.3 Precautionary Principle
The dictionary meaning of precaution is
"care to be taken before doing any work or
action."
Precaution is one of the good measures to
prevent environmental degradation. It is a
progressive idea in the field of environmental
management. The precautionary principle
affirms the precautionary approach. It
advocates that environmental harm can be
avoided by precautionary measures. It is
based on the assumption that scientific
knowledge about the environment is still
developing and new activities on substances
may be found to be harmful only after
irreversible or catastrophic damage has
occurred. The second International North
Sea Conference was the first forum to
explicitly enunciate this principle. The
conference stipulated that “In order to
protect the north sea….a precautionary
approach is necessary which may require
action to control inputs of such substances
even before a causal link has been
established by absolutely clear scientific
evidence”. However, this principle was
followed in some European nations before
the adoption in the North Sea Conference.
The Bergen Ministerial Declaration on
Sustainable development on 16 May 1990
elaborated on this principle. It is also
adopted in the Draft Covenant. Now this has
been incorporated in many international
environmental instruments and has created
an obligation to the parties of the global
treaties.
1. It was developed for the sustainable
development principle of environment.
2. It was introduced in 1970 in Germany
(vorsorgeprinzip).
3. It was accepted in 2nd and 3rd North Sea
Conferences during 1987 and 1990.
4. This principle guides to take early
international legal action to address highly
threatens environmental issues when there is
a scientific uncertainty.
5. This principle is also closely related to the
principle of prevention because both are
concerned with taking anticipatory actions to
avoid environmental harm before it occurs.
Principle 15 of Rio declaration (in 1992)
provides –
In order to protect, the environment the
precautionary approach shall be widely
applied by states according to their
capabilities where there are threats of
serious or irreversible damage lack of full
scientific certainty shall not be used or a
reason for postponing cost effective measure
to prevent environmental degradation.
6. This principle has been included in the
following conventions also:
i. Article 4 of the Paris Convention 1974,
ii. Article 3(3) of the climate change
convention 1992,
iii. Preamble of Vienna convention 1985 and
iv. Montreal convention 1987 had included
this principle.
7. Precedents:
The European Court of Justice has adopted
the precautionary in respect to
environmental risk that pose dangers to
human health.
1. In the care of U.K. vs. Commission 1996,
the ECJ said “At the time when the contested
decision was adopted. There was great
uncertainty as to the risks posed by live
animal’s bovine meat and derived product
where there is uncertainty as to the existence
or extent of risks to human health, the
institution may take protective measures
without having to await the reality and
seriousness of those risks to become fully
apparent”.
2. In the European zee Trade Association
Surveillance Authority vs. Norway Case the
court held that proper application of the
precautionary principle presupposes an
identification of potentiality negative
consequences and a comprehensive
evaluation of risk based upon the most recent
scientific information.
3. In Mandalawangi class Action case of
Indonesia, the court stated that although
precautionary principle has not been
explicitly adopted in legislation, it had been
recognized in various international
declarations to which Indonesian takes part.
4. In the case of Vellore Citizens Welfare
Forum vs. Union of India, the Supreme Court
of India has accepted this Precautionary
Principle. Court held that once a principle is
accepted as part of customary international
law, there would be no difficulty in accepting
it as a part of national law.
5. In Nepal, the Environmental protection
and rules 1997 (present also) also and other
several rules has included this principle.
6. The supreme court of Nepal has accepted
this principle in the Godavari Marble case in
order to minimize the potential threats to the
environment protection. In this case, the
court had issued an order to Godavari
Marble Industry to take precautionary
measures.
In sum, this rule, although still evolving, is
reflected in principle fifteen of the Rio
Declaration, which states that where there are
warnings of serious or irreversible damage, lack of
full scientific certainty shall not be used as a
reason for postponing cost-effective measures to
prevent environmental degradation. Since
scientific certainty often comes too late for
politicians and lawyers to protect against
environmental danger, the burden of proof is
switched. To wait for scientific proof regarding the
impact of pollutants discharged into the
environment could result in irreversible damage to
the environment and human suffering.
Traditionally, states wishing to adopt certain
protective measures had to prove beyond a doubt
the hazard and the urgency of the desired
action.48 Fortunately, because of the
precautionary principle, this traditional view of
burden of proof was reversed so that a state would
not have to wait for proof of harm before taking
action. Another possible interpretation of the shift
in the burden of proof is that states wishing to
undertake certain activities will have to prove that
the activities will not cause harm to the
environment. 49 The first treaty to embody this
principle is the 1985 Vienna Convention for the
Protection of the Ozone Layer." Subsequently, the
precautionary approach for the protection of the
environment has been widely addressed.-
Regrettably, there exists no precision as to the
principle's requirements, and its formulations vary.
What remains ambiguous is the level at which the
lack of scientific evidence can not be claimed as an
argument to postpone measures.
When can a preventive action be legally required?
While the 1991 Bamako Convention" links the
preventive and precautionary principles and does
not require the possibility of damage to be serious
(lowering the level at which the lack of scientific
evidence launches action)," the 1992 Convention
for the Protection of the Marine Environment of
the NorthEast Atlanticm increases the threshold
needed to implement preventive measures,"
requiring more than a mere possibility of damage.
Assignment:
Is the precautionary principle of
International law hard law? Discuss the
main concept of precautionary principle of
environmental law with some precedents.
2.3.4 Principle of Inter (-and Intra-)
Generational Equity
Genereation gap is studued under three
phases: ancient --- present --- future
◊ Recognition of Intergenerational equity is
one of the essential measures to manage the
environment.
◊This is a progressive concept in
environmental management.
◊ Intergenerational equity refers to the idea
that the present generation should protect
resources and a sound environment to the
generations to come.
◊ This principle holds that each generation
has a duty to future ones to avoid impairing
their ability to fulfill their basic needs.
◊ Consservation of all natural resources and
sustainable use of those resources within
national jurisdictions and beyond are the
requirement of this principle.
◊ It is closely related with principle of
prevention and precaution. This principle is
proclaimed in Principle 1 and 2 of the
Stockholm Declaration, and the Principle 3
of the Rio Declaration. It is also
incorporated in the Draft Covenant (CEL-
IUCN/ICEL).
◊ It has been included in many international
and regional conventions and agreements
such as:
i. This principle has been accepted in Article
2 of the Convention on Biological Diversity,
1992.
ii. This principle has been accepted in Article
3(1) of Climate Change Convention, 1992.
iii. This principle has been accepted in
Preamble 2 of CITES, 1973.
iv. This principle has been accepted in
Barcelona Convention, 1976.
v. This principle has been accepted in
Convention on Migratory Species, 1980,
vi. This principle has been accepted in Apia
Convention on South Pacific Nature, 1976.
vii. This principle has been accepted in
ENMOD Convention, 1976.
viii. This principle has been accepted in
Kuwait Regional Convention, 1978.
ix. This principle has been accepted in Bern
Convention on European Wildlife, 1979.
x. This principle has been accepted in Wider
Caribbean Marine Environment Convention,
1983.
xi. This principle has been accepted in
ASEAN Agreement, 1985.
xii. This principle has been accepted in ECE
Industrial Accident Convention, 1992.
Assignment: Explain PIGE briefly.
2.3.5 Principle of Common Heritage of
Human kinds
1. Common concern of humanity is one of the
important concepts in the protection of the
environment.
2. The phrase “common concern” does not
create specific rules but establishes general
responsibility not to act threateningly
towards the environment in a way, which
may adversely affect all mankind.
For example, climate change is a common
concern of human beings because change in
climate can have adverse effects on all
mankind by thinning the ozone layer, raising
sea levels, and causing acid rain and
drought.
3. This principle state the basis upon which
the international community at all the levels
can and must take joint and separate action
to protect the environment.
4. This implies acceptance of both the right
and duty of the international community as a
whole to have concern for the global
environment.
5. This principle is proclaimed in Principle
24 of the Stockholm Declaration.
Principle24 (UNCHE)-Stockholm
Declaration, 1972
International matters concerning the
protection and improvement of the
environment should be handled in a
cooperative spirit by all countries, big and
small, on an equal footing. Cooperation
through multilateral or bilateral
arrangements or other appropriate means is
essential to effectively control, prevent,
reduce and eliminate adverse environmental
effects resulting from activities conducted in
all spheres, in such a way that due account is
taken of the sovereignty and interests of all
States.
6. This principle is proclaimed in the
principle 7 of the Rio Declaration.
Principle 7 RIO, 1992
States shall cooperate in a spirit of global
partnership to conserve, protect and restore
the health and integrity of the Earth's
ecosystem. In view of the different
contributions to global environmental
degradation, States have common but
differentiated responsibilities. The developed
countries acknowledge the responsibility that
they bear in the international pursuit of
sustainable development in view of the
pressures their societies place on the global
environment and of the technologies and
financial resources they command.
7. Before adoption in the Stockholm
Declaration, the concept of “common
concern” had been embodied in the field of
human rights.
8. Now those obligations are recognized as
obligation egra omnes, owed by all states to
the entire international community.
9. For the first time, the International Court
of Justice (ICJ) in the case of crime of
Genocide, Barcelona Traction (Second
Phase), and Southwest Africa Case
recognized these obligations. It has been
included in Legal Consequences for states of
the Continual Presence of South Africa in
Namibia, (advisory opinion), ICJ REPORTS
1971.
10. This principle is adopted in the Draft
Convent on Environment and Development
(hereafter called Draft Convant) prepared by
IUCN/ICEL.
11. The principle can be found in many
multilateral treaties and the resolutions of
UNGA respectively.
12. This convention has been used in
Whaling Convention 1946.
13. It has been applied in Ramsar
Convention 1971.
14. It has been used in the world heritage
convention 1972.
15. It has been applied in the London
Convention 1972.
16. It has been applied in the Vienna
Convention on Ozone Layer 1985.
17. It has been applied in UNGA resolutions
43/53 of 1988, 44/207 of 1989, 45/212 of
1990, and 46/169 of 1991.
18. But the actual term has been applied in
the preamble to the Climate Change
Convention 1992, and Convention on Bio –
logical Diversity 1992.
Assignment: Discuss principle of Common
Heritage of Human kinds in your own words.
( 2,500 words.)
2.3.6 Principles of Good Neighbor Lines
and International Cooperation:
Good Neighbor lines is a legal principle,
producing specific rights and duties for
states in international law.
Indeed, Good Neighbor lines is a general
principle of international law with particular
importance for the field of international
environmental law. The principle “obligates
states to try to reconcile their interests
neighboring states” and found expression in
a number of 20th century international legal
rulings, most notably the Trail smelter
arbitration between the United States and
Canada.
The implementation of the Good Neighbor
lines principle in accordance with
international law rests on equal treatment of
states before the law.
This principle is based on Latin approach
“Sic Utere Tuo Et Alienum non Laedas”
….esperanto version….or “Aafno Sampati
Ko Upayog Garda Aruko Sampatilai
Nokshan Naparne Kismle Garnu” or “Use
your Property in such a Manner as not to
injure that of another”.
UN Charter in Art. 74 also, it has been
accepted. This says: Members of the UN also
agree that their policy must be basis on the
general principle of good neighborliness, due
account being taken of the interests and
wellbeing of the rest of the world in social,
economic and commercial matters. The
obligations for states to cooperate generally
with their neighbors in addressing
international issues is a binding principle of
the international law.
In 1970, UN Declaration of principles of
international law elaborated the general
obligation to cooperate in the following way:
States have the duty to cooperate with one
another, irrespective of the differences in
their political, economic and social systems
in the various spheres of international
relations, in order to maintain international
peace and security and to promote
international economic stability and
progress, the general welfare of nations and
international cooperation free from
discrimination based on such differences.
Moreover, States should cooperate in the
economic, social and cultural field as well as
in the field of science and technology and for
the promotion of international culture and
educational progress.
States should cooperate in the promotion of
economic growth throughout the world,
especially that of the developing countries.
In 1972, Principle 24 of Stockholm
Declaration has been included in the form:
International matters concerning the
protection and improvement of the
environment should be handled in a
comparative spirit by all countries, big, or
small, on an equal footing.
Principle 27 of Rio Declaration proclaims
that States and people shall cooperate in
good faith and in a spirit of partnership in
the fulfillment of the principles embodied in
this declaration and in the further
development of international law in the field
of sustainable development.
1. There is no good international
cooperation between Iraq and USA.
2. The relation between China and India is
not praiseworthy because recently they have
gathered the army forces around Laddak
Region.
Assignment:
Explain the Principles of Good
Neighborliness and International
Cooperation as an Principle of International
Environmental Law.Also, explain briefly the
relation between, China and Nepal, India
and Nepal, India and China, USA and
Russia, USA and Iraq, Libiya and USA.
2.3.7. The principle of ‘common but
differentiated responsibility’
1. It was accepted from almost all countries
of the world to the end of 1980.
2. It reflects core elements of equity.
3. The common responsibilities of all states
is to protect the environment & promote
sustainable development, but because of
different social, economic & ecological
situations, countries must hear different
responsibilities.
4. Differently abled countries has different
responsibility to control environmental
pollution.
5. Common but different responsibility
presents a conceptual framework for
compromise & cooperation in meeting
future environmental challenges, because it
allows countries that are in different
positions with respect to specific
environmental issues to be treated
differently.
6. Principle 7 of Rio Declaration 1992 has
accepted this principle.
Principle 7 RIO
States shall cooperate in a spirit of global
partnership to conserve, protect and restore
the health and integrity of the Earth's
ecosystem. In view of the different
contributions to global environmental
degradation, States have common but
differentiated responsibilities. The developed
countries acknowledge the responsibility that
they bear in the international pursuit of
sustainable development in view of the
pressures their societies place on the global
environment and of the technologies and
financial resources they command.
7. Article 10(2) of Bessel Convention (The
1989 based convention on the control of
Trans-boundary Movements of Hazardous
wastes & their Disposal.) has accepted this
principe as an international principle.
8. The 1987 Montreal Protocol on the
protection of the ozone layer as amended in
1992 has also acceped it as an international
principle.
9. The 1993 convention on Biological
Diversity (Articles 16, 20 & 21).
10. The 1992, convention of climate change
has accepted this principle as an
international principle.
All above convention & treaties have
accepted this principle.
11. The differentiated responsibility has been
recognized in the principle 23 of 1972
Stockholm Declaration.
Principle 23 (UNCHE) - Stockholm
Declaration, 1972
Without prejudice to such criteria as may be
agreed upon by the international community,
or to standards which will have to be
determined nationally, it will be essential in
all cases to consider the systems of values
prevailing in each country, and the extent of
the applicability of standards which are valid
for the most advanced countries but which
may be inappropriate and of unwarranted
social cost for the developing countries.
12. Art 30. of the 1974 Charter of Economic
Rights & Duties has also accepted it as an
international principle of environmental law.
13. Principle 6 & 11 of Rio declaration have
has also explained this principle.
Principle 6 RIO
The special situation and needs of developing
countries, particularly the least developed
and those most environmentally vulnerable,
shall be given special priority. International
actions in the field of environment and
development should also address the
interests and needs of all countries.
Principle 11 RIO
States shall enact effective environmental
legislation. Environmental standards,
management objectives and priorities should
reflect the environmental and developmental
context to which they apply. Standards
applied by some countries may be
inappropriate and of unwarranted economic
and social cost to other countries, in
particular developing countries.
14. This principle has two consequences.
a. All concerned states to participate in
international response measures aimed at
addressing environmental problems.
b. It leads to environmental standards,
which impose differing obligations on
states.
Eg – Euro standard, US standard.
15. This principle has two concern:
i. The common responsibility of states for
the protection of the environment or parts
of it, at the national, regional levels.
ii. The need to take account of different
circumstances, particularly in relation of a
particular environment problem and its
ability to prevent, reduce and control of the
threat.
16. Principle 23 of 1972 Stockholm
Declaration, Art. 30 of the 1974 character
of the rights and Duties & 11 principles of
the Rio Declaration have also advocated
these principles.
ASSIGNMENT: Discuss briefly the
principle of common but differentiated
responsibilities as an international
environmental law in your own words.
(2,500 words)
2.3.8. Principle of No Significant
Harm
1. This principle is widely accepted as the
foundation for the law of international
watercourses and the Convention.
2. Under this principle, elements of the
duty not to cause significant harm have
been discussed.
3. In UN Watercourses Convention User’s
Guide Fact Sheet Series: Number 5, this
principle "No Significant Harm Rule" has
been explained.
4. It also includes the duty not to cause
significant harm.
5. Article 7 of the UN Watercourses
Convention codifies and clarifies the scope of
the duty “not to cause significant harm”.
This obligation, otherwise known as the “no
significant harm” rule requires that States,
“in utilizing an international watercourse in
their territories, take all appropriate
measures to prevent the causing of
significant harm to other watercourse
States.”
6. In UN WATERCOURSES CONVENTION
TEXT, ART. 7 is as follows: Obligation not
to cause significant harm 1) Watercourse
States shall, in utilizing an international
watercourse in their territories, take all
appropriate measures to prevent the causing
of significant harm to other watercourse
States. 2) Where significant harm
nevertheless is caused to another
watercourse State, the States whose use
causes such harm shall, in the absence of
agreement to such use, take all appropriate
measures, having due regard for the
provisions of articles 5 and 6, in consultation
with the affected State, to eliminate or
mitigate such harm and, where appropriate,
to discuss the question of compensation.
7. The obligation “not to cause significant
harm” derives from the theory of limited
territorial sovereignty. The theory of limited
territorial sovereignty stipulates that all
watercourse States have an equal right to the
utilisation of a shared watercourse and but
they must also respect the sovereignty of
other States to equal rights of use. This
principle is widely accepted as the
foundation for the law of international
watercourses and the Convention.
8. Elements of the duty not to cause
significant harm:
According to this principle, no State along an
international watercourse is allowed to use
the watercourse in its territory in such a way
as to cause significant harm to other
watercourse States or to their environment.
This includes harm to human health or
safety, to the use of the waters for beneficial
purposes, or to the living organisms of the
watercourse systems. This principle is widely
recognised and incorporated not only in
modern transboundary water agreements,
but also into international environmental law
more generally.
9. Importantly, the duty “not to cause
significant harm” is a due diligence
obligation of prevention, rather than an
absolute prohibition on transboundary harm.
Hence, a state’s compliance with Article 7 is
not dependent solely on harm being caused,
but rather determined by a country’s
reasonable conduct in terms of preventative
behaviour to avoid the harm in question. This
was confirmed by the International Court of
Justice decision in the Pulp Mills on the
River Uruguay case, which included the need
to conduct an EIA (see Fact Sheet 6) as part
of this duty.
Note: 1. Study Mahakali treaty between
Nepal and India
10. Furthermore, countries are required to
take only those measures of prevention
deemed appropriate according, for example,
to a State’s resource capabilities. The type of
harm countries must avoid causing is
qualified by the term significant - defined as
the real impairment of a use, established by
objective evidence. For harm to be qualified
as significant it must not be trivial in nature
but it need not rise to the level of being
substantial; this is to be determined on a
case by case basis. The “significant”
threshold excludes mere inconveniences or
minor disturbances that States are expected
to tolerate, in conformity with the legal rule
of “good neighbourliness”.
11. Relationship with Equitable and
Reasonable Utilisation:
When developing the text of the UN
Watercourses Convention there was lengthy
discussion and debate on which substantive
principle should take priority - that of
equitable and reasonable utilisation or the
no significant harm. Upstream States
generally did not support the prioritisation of
no significant harm rule, because they feared
it might potentially lead to a curtailment of
future upstream developments. Conversely,
most downstream States did not favour the
primacy of the principle of equitable and
reasonable utilisation due to a perception
that it allowed scope for harm to occur from
such developments with impacts downstream.
Although the text that was eventually agreed
upon by States appears to strike a balance
between these two principles, it is still a
contentious issue.
The relationship between these two
principles within the text of the Convention is
dictated by Article 7(2) which stipulates that
any State causing harm to another must,
“take all appropriate measures, having due
regard to the provisions of Article 5 and 6 to
eliminate or mitigate such harm (…)”.
Article 5 provides that States must utilise
their waters in an equitable and reasonable
manner, and Article 6 sets out a non-
exhaustive list of factors that should be taken
into account in determining what this
constitutes (see Fact Sheet #4).
Based on these provisions of the UN
Watercourses Convention, a State must
always give “due regard” to the principle of
equitable and reasonable utilisation
whenever significant harm occurs. However,
there is no reciprocal obligation of “due
regard” to the principle of no significant
harm when States are determining if a use or
uses are equitable and reasonable. This
crucial distinction is what has led many legal
scholars to conclude that the duty not to
cause significant harm is thus a secondary
obligation to the primary principle of
equitable and reasonable utilisation.
While priority is therefore given to the equity
principle, there are also a number of
important conditions to this:
I. Article 5(1) States must take into account
the interests of the watercourse States
concerned, consistent with adequate
protection of the watercourse;
II. Under Article 5(2) States have both the
right and duty participate in the use,
development and protection of an
international watercourse in an equitable
and reasonable manner, including cases
where significant harm occurs;
III. Article 20 and Part IV of the Convention
further emphasises the obligations placed on
States to protect international watercourses
and their ecosystems (implying protection
from significant harm);
IV. Pursuant to Article 7, States must still
generally seek to eliminate or mitigate such
harm, and where appropriate discuss
compensation.
Thus, only limited scenarios exist whereby
causing significant harm may be permitted
under the Convention.
Asssignment:
Explain principle of no significant harm in
your own words as a principle of
international environmental law.
2.3.9 Principle of sustainability or Principle
of Sustainable Development
In 1987, BCR (Brundtland Commission
Report) or WCED (World Commission on
Environment and Development) had given
the very formal definition of SD (Sustainable
Development).
“Development that meets the need of the
present generation without compromising the
ability of the future generation to meet their
own need is the SD (Sustainable
Development).”
The concept of SD has been adopted almost
universally since, the United Nation
Conference on Human and Environment in
1972. It became more famous after BCR, Reo
declaration on 1992 and other international
conferences also.
International Environmental law has
recognized different principles of
environment law. It has developed a lot of
other related laws. Among them SD is
remarkable one.
Sustainable Development is development that
meets the needs of the present without
compromising the ability of future
generations to meet their own needs. It
contains within it two key concepts:
i. The concept of ‘needs’, in particular the
essential needs of the world’s poor, to which
overriding priority should be given.
ii. The idea of limitations imposed by the
state of technology and social organization
on the environment’s ability to meet present
and future needs.
Sustainable development (SD) is a pattern of
resource use, that aims to meet human needs
while preserving the environment so that
these needs can be met not only in the
present, but also for generations to come.
The term was used by the Brundtland
Commission which coined what has become
the most often-quoted definition of
sustainable development as development that
“meets the needs of the present without
compromising the ability of future
generations to meet their own needs".
Sustainable development ties together
concern for the carrying capacity of natural
system with the social challenges facing
humanity. As early as the 1970s
“sustainability” was employed to describe
an economy “in equilibrium with basic
ecological support systems.” Ecologists have
pointed to the limits to growth, and presented
the alternative of a “steady state economy”
in order to address environmental concerns.
Output of Sustainable Development
The primary objective of the assessment is to
create a greater global understanding of the
extent to which decentralization can make a
positive difference in quality of lives of
individuals and their communities. More
specifically, is expected that the country level
assessment will result in a better
understanding of the country’s experience in,
and a clearer vision of future decentralized
governance in the country. Specific
objectives are therefore as follows:
i. To understand the extent to which
decentralized governance has increased the
effectiveness and a capacities of lower levels
of governance.\
ii. To understand the extent to which
decentralized governance has contributed to
the institutionalization of partnership in
governance among the government, civil
society and private sector.
iii. To understand the extent to which
decentralized governance has involved a
greater reliance on participatory decision-
making, in what forms and with what results.
iv. To understand the extent to which
decentralization has empowered
communities to plan and manage their own
development.
v. To understand the extent to which
decentralized governance has improved the
effectiveness of the national programmers of
poverty eradication and other SHD areas,
such as gender equity, sustainable and
environmental awareness and protection.
vi. To understand the value-added of UNDP
and other donor activities, if any, to national
efforts and how it could be enhanced.
vii. In relation to all of the above, to identify
success stories and lesson learned that can
be documented and shared with other
countries.
Some principles of sustainable development
are as follows:
1. Conservation of Ecosystem
The ultimate aim of sustainable development
is to conserve the earth. It is to make the
ecological system durable. Preservation of
terrestrial and aquatic ecosystem is
necessary for the purpose.
2. Sustainable Development of Society
Sustainability of society depends on the
availability of healthy residence, balanced
diet, adequate health service, employment
and quality education. If these elements are
developed and become available to the
people in society, it becomes a sustainable
society. It assists in developing their positive
attitude towards nature and living beings.
The society is driven towards conserving the
environment.
3. Conservation of biodiversity
It is necessary to conserve all the living
beings in the world. People should learn to
conserve the natural resources in order to
protect the living beings. Sustainable
development focuses on it. National and
International programs for the conservation
of biodiversity should be conducted. There
must be the condition among the
programmers.
4. Population Control
People maintain their life by utilizing the
limited means and resources found on the
earth. Due to population growth, human
needs like food, clothing, housing etc.
increases, the means and resources available
in the world cannot be increased to meet the
requirements. So, population control and
management are essential for sustainable
development. It will support the
environmental balance.
5. Conservation of Human Resources
People can play the vital role in the
utilization and conservation of the
environment. The knowledge and skill on
caring of the earth should be developed.
Human resources is to be developed by
providing education, health care and
training. Human resource contributes to
adopt the principles of sustainable
development.
6. Increase in Peoples' Participation
Sustainable development cannot be
maintained personally. A joint effort of every
of individual is indispensable. In order to
translate the concept of sustainable
development into action, public participation
should be increased. Therefore, positive
attitudes of public should be developed in
every program of sustainable development.
7. Conservation of Cultural heritage
Sustainable development has emphasized the
conservation of social traditions, customs,
religious places and cultural aspects of
people. Diverse cultural heritage is the
invaluable contribution of the society, but
superstition should be avoided. To conserve
the cultural heritage is our duty. Its
conservation supports sustainable
development.
8. Included within carrying capacity of Earth
Development work must be within the
carrying capacity of the earth. People cannot
get those entire things that they require from
the earth immediately. The earth has limited
resources. The limited means and resources
on the earth cannot be enough for the
unlimited means of people. Over –
exploitation of the resources has negative
effects on the environment.
Objective of Sustainable Development
It is obvious that the earth and human
civilization can be preserved only with
sustainable development. Man is the central
figure of development works. Thus, he should
conduct any development activities being
environment-friendly. Some of the principles
of sustainable development activities are
mentioned below:
a. Conservation of Ecosystem
The principle of sustainable development is
to create balance biotic and abiotic aspect of
environment. It helps to protect earth. In
order to conserve it, the aquatic and
terrestrial ecosystem should be conducted.
b. Control of Biodiversity
It is essential to protect the plants and
animals of the earth. If these are affected
while carrying development works, it brings
adverse effect on environment. Thus,
sustainable development focuses for the
conservation of biodiversity. For this,
national and international program are to be
conducted.
c. Control of Rapid Population Growth
People survive by consuming the means and
resources on the earth. But rapid population
growth increases the consumption of
resources rapidly. The resources of this earth
cannot be expanded to the need of people.
Therefore, sustainable development focuses
to control population to minimize the
consumption of resources so as to conserve
them.
d. Development of Human Resource
Man has an important role in utilization and
conservation of environment. For the
sustainable use of resources, knowledge and
skill of people should be developed. The
development of human resources helps to
apply the principles of sustainable
development.
e. Increase in People’s Participation
Local people are the consumers and
conservers of resources. In the above of
people’s participation, natural resources
can’t be conserved. In this regard
sustainable development emphasis to
increase people’s participation.
f. Conservation of Cultural Heritage
Man – made social tradition, customs,
religions place and culture are focused
aspect of sustainable development. These
important gifts of society are to be preserved
reforming the bad customs.
g. Limit of Carrying Capacity
Human being should conduct the
development works considering the carrying
capacity of the earth. The earth has limited
carrying capacity. Over use of resources and
unlimited development activities bring
adverse effect on environment. Therefore,
man should conduct development activities in
accordance with the carrying capacity of
earth.
Implementation of Sustainable
Development
The principle of sustainable development
should be integrated in the various fields of
development work. Short – term utilization of
natural resources makes the existence of
living creatures including man difficult. It
also creates inequality in the economic and
social aspects of the society. Development
and Environment are interrelated to each
other. Therefore, we should not forget to
protect environment while carrying
development works. It is mentioned in the
World Development Report that
“Development without adequate
environmental conservation is weak, without
development the means for necessary
investment will lack and the environment
conservation will be unsuccessful.” By
realizing this fact, sustainable development is
to be applied in the various fields.
Agriculture, Infrastructure, industry, forest,
transport, tourism are the major development
areas. The principle of sustainable
development is to be applied while
developing fields. Except these, bio –
engineering, eco – tourism, nuclear energy
production are the fields to apply sustainable
development.
Eco – tourism is one of the important areas
of application of sustainable development.
The world Tourism Organization declared
2002 A.D. the International Year of Eco –
tourism, highlighting the growing
importance of sustainable development.
The following concepts should be integrated
for conducting development works in the
light of sustainable development.
1. Development activities should integrate
conservation program.
2. Emphasis should be given for the social
development.
3. The program of conserving animals and
plants should be adjusted in accordance with
development works.
4. Natural resources should be used
rationally. Perpetual resources should be
maximum whereas there should be minimum
use of non – renewable resources.
5. Development works should be limited
within the earth’s carrying capacity.
6. The construction and use of destructive
objects, dangerous to human society and
environment should be made illegal and
prohibited at global level.
Global efforts for Sustainable Development
and it Importance
UN General Assembly formed a World
Commission on Environment and
Development under the chairmanship of
Norwegian Prime minister G.H. Brundtland
to suggest the world on environment and
development in 1983. This commission is
known as Brundtland commission. The
commission published a report entitled “Our
Common Future” in 1987. The report
included the concept of sustainable
development. According to this report,
“Sustainable development is a process in
which exploitation of natural resources is
done to fulfill the needs of present generation
without compromising the ability of future
generations to meet their needs.” The world
conservation strategy was formulated in
1980. On the basis of this strategy, policy
and practical works about caring for the
earth can be designed and implemented. To
execute this strategy, the strategy “Caring
for earth – for sustainable development was
formulated. On the basis of this strategy,
different countries have formulated their
national policy in the form of soft laws of
caring for the earth and sustainable
development.
The earth has limited carrying capacity. So,
development works must not be carried out
beyond the carrying capacity of the earth.
Excessive exploitation of Natural Resources
deteriorate the environment. Unplanned
development works destroy the original
status of the nature. Consequently,
environment gets imbalanced. It adversely
affects the living beings. It hampers the
progress of human too.
Human Beings should thing that they cannot
get victory over nature. So, they should
respect the nature and use the existing
resources wisely keeping in mind the y
should save it for future generations.
Sustainable development aims at utilizing the
natural resources to improve the socio –
economic status of present generation
without deteriorating their quantity and
quality. In other words, sustainable
development is nature – friendly development
in which conservation activities are
integrated with development works.
Importance of Sustainable Development
Sustainable development should be practiced
for the welfare of current generation as well
as to help maintain the same standard of
future generations. The goal of development
cannot be achieved when adverse effects are
produced by the development works. Some
importance of SD are as follows:
1. Appropriate use of Resources
SD encourages people to use the means and
resources as minimum as possible and less
wastefully. Maximum benefit should be
generated by minimum use of the resources.
This helps to conserved and promote the
environment.
2. Sense of Responsibility
SD awakens the people about the wise use of
natural resources. It brings about changes in
people’s knowledge, attitude and skill.
People realize that resources are invaluable
gifts of nature and their common property.
So, it is the common duty to conserve natural
resources.
3. Development of Basic Infrastructures
SD stress on the progress of health,
education, agriculture, tourism etc. for the
welfare of human beings. It aims at
sustainable development of the society
through continuous availability of
development benefits. At the same time, it
focuses to conduct the environmental
conservation programs in an integrated way.
4. Development based on Public
Participation
Priority has been given to public
participation while conducting
developmental works under SD. It creates
interest in local people about development
and conservation of resources. It helps to
develop skill and efficiency of the people.
5. Determination of Limit of Development
SD aware the people about the bearing
capacity of the earth. Limited but effective
development works should be conducted for
sustainable benefits. If development works process. Development sometimes can be
are carried out randomly without any limit, it discontinuous process.
will be just waste of resources. SD suggests
the policy makers about concept of limitation
of development.
6. Long Term Vision:
SD has a goal of long term socio – economic
development. Without conservation of
resources, it is not possible. It emphasizes on
the conservation of natural means and
resources for the future generations.
Development activities are conducted by
considering the effect on future.
Need and Importance of Nature Friendly
Concept on Sustainable Development
Development and Growth are two famous
terms. Development is the revolutionary
process of change which can be continuous
Growth is the evolutionary process of change regressive or negative change, positive
which is a continuous process in the country. change in each and every sectors like:
Development Growth 1. Social sector
1. It is revolutionary 1. It is evolutionary
process of changing process of changing 2. Economic sector
society/country. society. 3. Political sector
2. Development 2. Growth occurs in
occurs in the least developed countries. 4. Educational sector
developed countries 5. Health sector
and developing
countries. 6. Cultural sector
3. Economic 3. Economic growth Development is the set of activities that are
development occurs occurs in developed carried out early in the system engineering
in the least countries. the life cycle to collect and fulfill needs and
developed countries. For example: challenges in the society. There are many
For example: Chinese economy, ways for the development. We should select
Nepalese, Bhutanese American economy. the correct one and should do proper
etc.
development.
Development is a continuous process, For example:
positive and progressive change, it is not the
1. In past people carried vehicles by their
body but now vehicles carry people.
2. People used to read in ground due to the
lack of schools but not there are well –
equipped schools.
3. People carried their children in work and
they do not educate them but now children go
to the school. i. Natural resources ii. Human resources iii.
4. Childcare are there due to development. Economic resources.
The children can stay there but in the past 1. Natural resources: Resources available in
parents took children in the field for work. the nature like land, water, river, mines,
It is well said that “No resources, no minerals, forest. They are nature gift. We
development.” Development depends on have got in free of cost. If we use the natural
resources. They are three types: resources hafazardly, then in future there
will be no resources for the future generation
for the development and the needs of the
future generation. We should preserve and
conserve them. We should be careful about
their use.
2. Economical resources: Money is the most
important source for the development.
Monetary assests which has monetary value
are called economic resources. Money is
needed to pay for tools, materials and pay
for the workers. Financial resources are
called capital resources.
3. Human resources: Human resources are
the people with their strength, skills and
talents who contribute for the development of
society. It is categorized as the skilled human
resources, semi – skilled human resources
and unskilled manpower human resources.
i. Skilled human resources is the most and
must important resources for the
development because they have good
planning, good idea and good skill and
ability for proper development. They also
create opportunity for others.
ii. Semi – skilled human resources are the
resources which have general knowledge for
the development. They have less plan,
strength and ability and they are not more
skillful.
iii. un – skilled manpower do not have any
knowledge and plan about the development.
They do not have more skill and ability for
development. They do not have more strength
and ability.
Development can be done properly with the
appropriate mobilization of the three
resources, the appropriate mobilization of
the resources of development skilled human
resource is required. Development is
possible if it is done properly.
Development/progress/change is the
integrated part of society. Honest, hard –
working and active people can speed up the
development of a society and the nation. For
example the journey of the society from
primitive ages to the modern and advanced
age is an example of development. People
should not depend on the government for the
development people should thing that it is
there duty also to develop the society. As if
they develop by them self then they will
preserve them.
Nepal is well- known in the world as the
country of Buddha and Mount Everest. Nepal
contains man and women accepting
Buddhism. Even though Nepal is situated in
between two economically giant countries
India and China, the economy of Nepal is not
so well developed till now.
Precedent
1. Recently, there has been a growing
concern for the environment. A number of
International Conventions and bodies like
the International Organizations, the Non-
Governmental Organization (NGOs) have
emphasized significantly that environment
needs to be protected. Similarly the States
have reflected this in the domestic
legislations. This concern over the
environment can also be seen in case of
Gabcíkovo-Nagymaros Projects (Hungary v
Slovakia), which was the international
dispute brought before the International
Court of Justice (the court). The case
involved the issues surrounding the [Parayabaraniye nyayeko siddaanta]
international environmental law and 1. How was this principle developed?
international watercourse law were
considered. The court was presented with the 2. In 1982, 500 people formed rally and
opportunity to consider the legal status of opposed to the preparation of landfield site
principles of sustainable development, the which was prepared for the hiding of PCB
precautionary principles and the (Poly - Chlorinated Biphenyel- poision) in
environmental impact assessment. the North Carolina State of USA. The proper
Unfortunately, the majority of the court place was “Wareen County” where African –
declined to do so. However, there was a American and poor income leveled people
separate opinion of Judge Weeramantry, who were lived. After this incidence, USA
gave a considerable weight to these issues. accepted environmental justice concept
strongly.
2. .....
3. The research of U.S. General Auditing
3. … Office performed during 1983 also found
Assignment: Discuss the principle of another bitter truth of throwing major three
sustainability as a principle of international (among four poisionious wastages matters)
environmental law in your own words. poisions from powerful authourized
2.3.10. Principle of environmental justice government nearby the area where nigro and
poor people used to live from ancient time.
Then, this concept of environmental justice
became more stronger than previous.
4.The same type of statement and reports
were prepared by the “United Church of
Christ Commission for Racial Justice” in
1983.
5.USA organized two environmental
conferences initially during 1990 which
completed the concrete form of
environmental justice.
6. In 1991, 27 October, 17 principles were
developed under the summit “National
People of Colour Environmental Leadership
Summit”.
7. The Principles of Environmental Justice
(PEJ) are as follows:
We, THE PEOPLE OF COLOR, gathered
together at this multinational People of
Color Environmental Leadership Summit, to
begin to build a national and international
movement of all peoples of color to fight the
destruction and taking of our lands and
communities, do hereby re-establish our
spiritual interdependence to the sacredness
of our Mother Earth; to respect and
celebrate each of our cultures, languages
and beliefs about the natural world and our
roles in healing ourselves; to ensure
environmental justice; to promote economic
alternatives which would contribute to the
development of environmentally safe
livelihoods; and, to secure our political,
economic and cultural liberation that has
been denied for over 500 years of
colonization and oppression, resulting in the
poisoning of our communities and land and
the genocide of our peoples, do affirm and
adopt these Principles of Environmental
Justice:
Principle 1-
Environmental Justice affirms the sacredness
of Mother Earth, ecological unity and the
interdependence of all species, and the right
to be free from ecological destruction.
Principle 2-
Environmental Justice mandates the right to
ethical, balanced and responsible uses of
land and renewable resources in the interest
of a sustainable planet for humans and other
living things.
Principle 4-
Environmental Justice calls for universal
protection from nuclear testing, extraction,
production and disposal of toxic/hazardous
wastes and poisons and nuclear testing that
threaten the fundamental right to clean air,
land, water, and food.

Environmental Justice demands that public Principle 5-

policy be based on mutual respect and justice Environmental Justice affirms the
for all peoples, free from any form of fundamental right to political, economic,
discrimination or bias. cultural and environmental self
Principle 3- determination of all peoples.
Principle 6-
Environmental Justice demands the cessation
of the production of all toxins, hazardous
wastes, and radioactive materials, and that
all past and current producers be held
strictly accountable to the people for
detoxification and the containment at the
point of production.
Principle 7-
Environmental Justice demands the right to
participate as equal partners at every level of
decision making, including needs assessment,
planning, implementation, enforcement and
evaluation.
Principle 8-
Environmental Justice affirms the right of all
workers to a safe and healthy work
environment without being forced to choose
between an unsafe livelihood and
unemployment. It also affirms the right of
those who work at home to be free from
environmental hazards.
Principle 9-
Environmental Justice protects the right of
victims of environmental injustice to receive
full compensation and reparations for
damages as well as quality health care.
Principle 10-
Environmental Justice considers
governmental acts of environmental injustice
a violation of international law, the
Universal Declaration On Human Rights,
and the United Nations Convention on
Genocide.
Principle 11-
Environmental Justice must recognize a
special legal and natural relationship of
Native Peoples to the U.S. government procedures and vaccinations on people of
through treaties, agreements, compacts, and color.
covenants affirming sovereignty and self- Principle 14-
determination.
Environmental Justice opposes the
Principle 12- destructive operations of multi-national
Environmental Justice affirms the need for corporations.
urban and rural ecological policies to clean
up and rebuild our cities and rural areas in
balance with nature, honoring the cultural Principle 15-
integrity of all our communities, and Environmental Justice opposes military
provided fair access for all to the full range occupation, repression and exploitation of
of resources. lands, peoples and cultures, and other life
Principle 13- forms.

Environmental Justice calls for the strict Principle 16-

enforcement of principles of informed Environmental Justice calls for the education
consent, and a halt to the testing of of present and future generations which
experimental reproductive and medical emphasizes social and environmental issues,
based on our experience and an appreciation
of our diverse cultural perspectives.
Principle 17-
Environmental Justice requires that we, as
individuals, make personal and consumer
choices to consume as little of Mother
Earth's resources and to produce as little
waste as possible; and make the conscious
decision to challenge and reprioritize our
lifestyles to ensure the health of the natural
world for present and future generations.
(Delegates to the First National People of
Color Environmental Leadership Summit
held on October 24-27, 1991, in Washington
DC, drafted and adopted these 17 principles
of Environmental Justice. Since then, the
Principles have served as a defining
document for the growing grassroots
movement for environmental justice.)
8. American Environmental Institution EPA
established environmental justice office in
1992 and later in 1994, it was declared as
Office of Environmental Justice (OEJ).
9. In 1994, recent Presedent Will Clinton
declared “Federal Actions to Address
Environmental Justice in Minority
Populations and Low income Populations”
(12898th executive order) it was the first
attempt from level president in the history of
united states for environmental justice which
has enforced on the Unification of
Environmental Justice on the program and
operations of each actions from each sector
of Federal Government of USA.
10. In the report of Panos South Asia,
August, 2002, it has advocated “Justice For
All / Sabai ka lagi nyaya”. This report has
been started from the questions like: how
many rural people can be provided food from
the wood of the tree that is used to prepare a
bundle of toilet paper? How much land can
be irrigated from the diverted water
resources towards the urban and industries?
How many poor people can ride / use the
transportation which produces polluted
gases?
11. One – Third of the people (Elites / Haves)
have exploited 70% of Natural Resources
along without giving right to the poor people
(Labors / Have nots). The production of raw
materials, cutting down of trees and
modification of the movement of water
resources has adversely affected to the poor
people. So this principle has played
significant role in addressing such questions.
12. Environmental justice can be defined as a
right to the protective, healthy, productive
and sustainable environment of the sovereign
people.
13. Environmental justice includes the entire
environmental protection and the condition
of using the environment independently.
14. Some Environmentalist have emphasis on
the neutrality concept of environment under
which environmental justice includes
development, environmental law, rules,
programmes, policies and their emplications
to all types of socially, culturarly and
economically defferentiated people of every
kind without any discrimination.
15. This principle is often called principle of
environmental equitte.
16. This principle has emphasized on
improportional risk of burden to all gender,
age or income sub groups of people.
17. Environmental Justice implies ‘The fair 18. Then, in 2002 PSA (Panos South Asia)
treatment and meaningful involvement of all also included environmental justice in south
people regardless of role, color, national Asia.
origin or income with respect to the
development, implementation and
enforcement of environmental news,
regulations an policies fair treatment means
that no group of people, including racial
Assignment:
ethinic or socio – economic group should
bear a disproportionate share of the negative 1. Explain the principle of environmental
environmental consequence resulting from justice in your own words. How far this
industrial municipal (Nagarik) and principle has been adopted in developing
commercial operation or the execution of countries like Nepal?(2,000 words)
federal, state, local & tribal (Jatiya) 2. Discuss the principle of environmental
programs and policies. (Final guidance for justice with special reference of “National
incorporating environmental justice People of Color Environmental Leadership
concerns in EPA’s NEPA compliance Summit, 1991”.(2,000 words)
analysis, April 1998).
[see some more principles in Appendix -F )
Group Division for presentation
Group – A: Roll numbers: 1, 2, 3, 4
CASE -1
1. Surya Prasad Sharma Dhungel & Other
vs. Godavari Mable Industries & Others,
Nepal Kanoon Patrika (NKP) (2052),
P.168
Group –B: Roll numbers: 5, 6, 7,8
CASE -2
2. Yogi Narahari Nath vs. Prime Minister
Girija Prasad Koirala & Others, NKP
(2061), No. 1, P. 1361.
Group –C: Roll numbers: 9, 10, 11, 12
CASE -3
3. Bhoj Raj Aer vs. Ministry of Population
and Environment, NKP (2061), No. 10, P.
1368.
Group –D: Roll numbers:13, 14, 15, 16
CASE -4
4. Bhoj Raj Aer vs. Ministry of Water
Resources & Others, NKP (2061), No. 10, P.
1288.
Group –E: Roll numbers:17, 18, 19 , 20
CASE -5
5. Prakash Mani Sharma & Others vs. His
Majesty's Government of Nepal, Writ No.
2898, Decision Date 2061/09/06.
Group –F: Roll numbers:21, 22, 23, 24
CASE -6
6. Bhoj Raj Aer & Other on Behalf of
Society for Environment, Law and Good
Governance Activities (SELGA) vs. Prime
Minister & Others, Writ No. 3377 (2060).
Group -G: Roll numbers:25, 26, 27, 28
CASE -7
7. Narayan Devkota vs .Prime Minister and
Council of Ministers & Other, NKP (2067),
No. 12, P. 2053.
Group -H: Roll numbers: 29, 30, 31, 32
CASE -8
8. Advocate Bharat Mani Gautam vs.
Council of Ministers & Other, Writ No.
2791 (2057), Date of Decision 2058/2/19.
Group -I: Roll numbers:33, 34, 35
CASE -9
9. Advocate Bharat Mani Gautam vs.
Council of Ministers & Others, Writ No.
3474 (2056), Date of Decision 2059/7/3.
Unit 3: International Environment Law
(10hrs)
3.1 Meaning, Nature and Scope of International Environmental Law
3.2 Sources of International Environmental Law
3.3 Kinds of International Law
3.4 Major Provisions of Multilateral Environmental Agreements (MEAs) to Which
Nepal is a Party
3.5 Major Global and Regional (SAARC) Environmental Agencies for the
Protection of Environment.
3.1.1 Concept and Meaning
International law is also considered
as public international law or law of
nations. It is, indeed, the body of legal rules,
norms, and standards that are clearly
applied in between sovereign states and
other entities that are legally recognized as
international actors. The term international
was coined by the English
philosopher Jeremy Bentham (1748–1832).
International environmental law is the brach
of international law. The sources of
international laws are also the sources of
international environmental law. Clearly, the
sources are: Treaties (Bilateral - Sugauli
Treaties held between East India Company
and Neapl and multilateral treaties), Customs,
Multilateral Environmental Agreements
(MEAs- over 200 MEAs in the world),
Regional Environmental Agreements(150
MEAs in European Union only), General
Principles of International Law (10 principles
in courses), Religious Texts, Traditional
Customs, Legislations, Judicial Decisions,
Declarations and Recommendations,
Directives, Expert's Opinions and Customary
Internatioal laws.
Environmental law exists at many levels and is
only partly constituted by international
declarations, conventions, and treaties. The bulk
of environmental law is statutory—
i.e., encompassed in the enactments of legislative
bodies—and regulatory—i.e., generated by
agencies charged by governments with protection
of the nature environment.
In addition, many countries have included some
right to environmental quality in their national
constitutions. Since 1994, for example,
environmental protection has been enshrined in
the German Grundgesetz (“Basic Law”), which
now states that the government must protect for
“future generations the natural foundations of
life.” Similarly, the Chinese constitution declares
that the state “ensures the rational use of natural
resources and protects rare animals and plants”;
the South African constitution recognizes a right
to “an environment that is not harmful to health
or well-being; and to have the environment
protected, for the benefit of present and future
generations”; the Bulgarian constitution provides
for a “right to a healthy and favourable
environment, consistent
with stipulated standards and regulations”; and
the Chilean constitution contains a “right to live
in an environment free from contamination.”
Much environmental law also is embodied in the
decisions of international, national, and local
courts. Some of it is manifested in arbitrated
decisions, such as the Trail Smelter arbitration
(1941), which enjoined the operation of a smelter
located in British Columbia, Canada, near the
international border with the U.S. state of
Washington and held that “no State has the right
to use or permit the use of its territory in such a
manner as to cause injury by fumes in or to the
territory of another or the properties or persons
therein.”
Some environmental law also appears in the
decisions of national courts. For example,
in Scenic Hudson Preservation
Conference vs. Federal Power
Commission (1965) case, a U.S. federal
appeals court voided a license granted by the
Federal Power Commission for the construction
of an environmentally damaging pumped-storage
hydroelectric plant (i.e., a plant that would pump
water from a lower to an upper reservoir) in an
area of stunning natural beauty, demonstrating
that the decisions of federal agencies could be
successfully challenged in the courts. Significant
local decisions included National Audubon
Society v. Superior Court (1976), in which the
California Supreme Court dramatically limited
the ability of the Los Angeles to divert water that
might otherwise fill Mono Lake in California’s
eastern desert.
International Environmental Law (IEL) need to understand the role of
has played a significant role in the declarations.
protection of environment. It is concerned i. Declarations
with the attempt to control pollution. And
it has emphasized on the control of the Two major declarations on international
depletion of natural resources within a environmental law are:
framework of sustainable development. It a.The Declaration of the United
is a branch of public international law - a Nations Conference on the Human
body of law created by states for states Environment (the 1972 Stockholm
to govern problems that arise between Declaration:
states. IEL covers the topics such as
population, biodiversity, climate change, This declaration represented a first major
ozone depletion, toxic and hazardous attempt at considering the global human
substances, air, land, sea and impact on the environment, and an
transboundary water pollution, international attempt to address the
conservation of marine resources, challenge of preserving and enhancing
desertification, and nuclear damage. the human environment. The Stockholm
The following are the two mother Declaration espouses mostly broad
declarations which play the most environmental policy goals and
significant role in developing the IEL, we objectives rather than detailed normative
positions.
Assignment: Explain briefly about the Customary law and general principles
1972 Stockholm Declaration.(1000- relating to the environment, such as the
1500 words) 'precautionary principle' and sustainable
development, are evolving but it is
b. The Rio Declaration on Environment arguable whether any have yet become
and Development normative rules. The speed with which
The Rio Declaration on Environment awareness of global environmental
and Development was a short problems has reached the international
document produced at the 1992 United political agenda has meant that
Nations Conference on Environment and customary law has tended to take
Development (UNCED), known as the second place to treaty law in the
Rio Earth Summit. The Rio Declaration evolution of legal norms, and treaties
consists of 27 principles intended to have been the main method by which the
guide future sustainable development international community has responded
around the world. In 2012, the 20th to the need to regulate activities which
anniversary of the Rio Earth Summit was threaten the environment. . There are
commemorated by the Rio+20 UN hundreds of bilateral and multilateral
Conference on Sustainable Development. environmental treaties creating states'
Assgimnet: Briefly explain about rio declaration.(around1000 words)
rights and obligations. The UN
Environment Program (UNEP) and
Treaties the UN Commission on Sustainable
Development have negotiated many of
these treaties.
Note: 1.A full list of international
environmental law treaties can be found
on Wikipedia. This is arranged
alphabetically and also by subject.
2. A few major treaties are listed below,
but the full text of all IEL treaties can be
found on ECOLEX, a free online gateway
to environmental law treaties.
Treaties generally concern one of the
following broad subjects: toxic and
hazardous substances, nuclear damage,
ocean and marine sources, ozone and
protection of the atmosphere, pollution,
biodiversity and the protection and
conservation of species and wildlife,
sustainable development, and trade and
the environment. The Globalex Guide
on International Environmental Legal
Research provides a useful table of
these subjects together with links to the
agreements and relevant agencies.
Many of the major treaties have their own
websites (listed below), containing
convention documentation such as
backgrounds to the conventions, draft
articles and travaux preparatoires,
convention protocols and national
reports. The following major IEL treaties,
and provides the full text of the treaties
and travaux, together with useful
introductory summaries:
- Vienna Convention for the Protection of
the Ozone Layer, 1985, and Montreal
Protocol on Substances that Deplete the
Ozone Layer, 1987
-Basel Convention on the Control of
Transboundary Movements of Hazardous
Wastes and their Disposal, 1989.
-Basel website Navigational Uses of International
- Convention on Biological Diversity, 1992, Watercourses, 1997
and Cartagena Protocol on Biosafety to the
Convention on Biological Diversity, 2000 Example:
-United Nations Framework Convention Treaties to which Australia is a party - free
on Climate Change, 1992 (UNFCCC). full text treaties
-UNFCCC website The Australian Treaty Database on the
-Kyoto Protocol to the United Nations DFAT website can be searched by subject
Framework Convention on Climate and lists all environmental treaties to which
Change, 1997. Australia is a party, as well as information
about the treaty process and adoption into
-Kyoto Protocol website domestic law.
-United Nations Convention to Combat The Australian Treaty Series on AustLII
Desertification in those Countries contains Environment and Resources
Experiencing Serious Drought and/or Treaties, which can be searched or
Desertification, Particularly in Africa, browsed by subject.
1994 (UNCCD).
International environmental cooperation
-UNCCD website has been spurred through various new
-Convention on the Law of the Non- international environmental institutions
and programs, and a dramatic
strengthening of international
environmental law-making. With the burst
of environmental treaty-making the
corpus of international environmental law
(IEL) has expanded to include significant
international environmental agreements
(IEAs) in the sphere of climate change,
ozone layer depletion, biodiversity, and
so on; as well as the recognition of
important principles such as good
neighborliness and the common heritage.
IEAs function similarly to international
treaties—indeed, the only difference
between an IEA and other international
treaties lies in the subject matter. IEAs
function as the instrument for laying
down the principles of international laws
binding upon states was established by
the 1815 Congress of Vienna. Over the
years, IEAs have not simply increased in
number, but have also undergone an
evolution in their structural design. In the
early 1930s, IEAs tended to be simple in
terms of their requirements, vague in
terms of their objectives, and utilitarian in
their ethos for protecting the
environment. With time, however, as
environmental sciences evolved to
incorporate new principles and concepts,
the structure of IEAs has followed in
tandem to incorporate the new
understandings and the new concerns.
All might have heard about International
Environmental Law but there is a good
chance that you did not know just how
much of a broad term that actually is.
International Environmental Law covers
many areas of the environment and is
essentially designed to protect and
improve the environment as a whole.
Before explaining International
Environmental Law, it should first
understand environmental law as a
whole. In a nutshell, environmental law in
the UK is the set of laws that have been
created by the government to protect the
environment. As citizens, businesses and
industries, we are bound to these laws
and will face varying punishments if we
are found to be breaking them.
Development of IEL
Environmental laws are not only created
at a local and national level in the UK but
also at European Community level and
international level too.
1. Domestic Environmental Law
Domestic environmental laws are
legislation that would have been passed
at UK level with punishments being given
out ranging from magistrates’ courts to
supreme courts.
2. EC Environmental Law
EC environmental laws are legislation
that has been passed at the European
Union level and are more focused on
more technical issues such as trading
emissions.
3. International Environmental Law
It is understandable that as climate
change and other environmental matters
are being witnessed on a global scale,
countries should have to come together
to tackle them. International conventions
have been created that, should countries
agree to be a part of, would make them
culpable if they were shown to be failing
under the terms of the agreement.
 Main Areas of Environmental Law
There are numerous areas of the
environment that need protecting and
this is why local, national and
International Environmental Laws have
been passed. Air pollution, climate
change and waste management are just
a few areas that will be governed by their
own laws and you can find more
information about all of them below.
 Air Quality
Air pollution is one of the biggest areas of
environmental law simply because it
directly affects the health of billions of
people around the globe. Pollution from
vehicles, factories and power plants can
cause various health conditions including
lung cancer, respiratory diseases and
heart failure.
 Climate Change
Climate change is another of the more
commonly known areas of environmental
law. Human activity has been the biggest
cause of climate change and as a result,
we have seen major shifts in the climate
that has led to things such as melting ice
caps and more extreme weather patterns
emerging.
 Contaminated Land
In the UK alone, it has been estimated
that 300,000 hectares of land have been
contaminated by pollution. Under the
Environmental Protection Act 1990, local
authorities are required to remedy any
cases of contaminated land under their
jurisdiction.
 Environmental Permitting
Under this area of environmental law,
commercial and industrial entities are
 awarded and given environmental
permits that carry a number of
stipulations and requirements. Breaching
any of these requirements or stipulations
could lead to the removal of these
permits and even criminal prosecution.
 Waste Management
Another important area of environmental
law is that of waste management. In the
past, we would send all of our waste to a
landfill but modern laws and regulations
have seen our waste management to
improve by adding other methods such
as recycling and waste treatment.
 Water Pollution
Environmental laws are also in place to
oversee a range of issues to do with the
quality of our water in the UK. Whether
tap water, lakes, rivers, streams,
fisheries or marine life, water pollution
laws will be in place to try and protect
them.
 Nature Conservation
When it comes to the protection of nature
in the UK, the nature conservation laws
have been created to provide it. All types
of wildlife but specifically any species
that is under threat of extinction is
protected by these laws.
 Environment Assessment
Any planned developments, plans or
programmes will be subject to an
environmental assessment. This
assessment will determine how big an
impact an application may have on the
environment before an application is
granted.
As you can see, there are so many
different important areas of our
environment that need help to be
protected. Environmental laws are slowly
starting to reduce the damage we have
been doing to our environment but there
is still so much more that could and
should be done and it starts right at
home with all of us.
The more of us that can educate, bring
awareness to and promote positive
action when it comes to the environment
the better. Action needs to be taken on a
global scale and while awareness has
improved over the years, we are still
doing far too much damage to our planet.
3.1.3 The Nature, Meaning and
Development of International Law and
IEL
3. 1. 2. i. Definition and scope
According to Bentham’s classic definition,
international law is a collection of rules
governing relations between states.
It is a mark of how far international law has
evolved that this original definition omits
individuals and international organizations—
two of the most dynamic and vital elements
of modern international law. Furthermore, it
is no longer accurate to view international
law as simply a collection of rules; rather, it
is a rapidly developing complex of rules and
influential—though not directly binding—
principles, practices, and assertions coupled
with increasingly sophisticated structures
and processes. In its broadest sense,
international law provides normative
guidelines as well as methods, mechanisms,
and a common conceptual language to
international actors—i.e., primarily
sovereign states but also increasingly
international organizations and some
individuals. The range of subjects and actors
directly concerned with international law has
widened considerably, moving beyond the
classical questions of war, peace,
and diplomacy to include human rights,
economic and trade issues, space law, and
international organizations. Although
international law is a legal order and not
an ethical one, it has been influenced
significantly by ethical principles and
concerns, particularly in the sphere of
human rights.
International law is distinct
from international comity,
which comprises legally nonbinding practices
adopted by states for reasons of courtesy
(e.g., the saluting of the flags of foreign
warships at sea). In addition, the study of
international law, or public international law,
is distinguished from the field of conflict of
laws, or private international law, which is
concerned with the rules of municipal law—
as international lawyers term the domestic
law of states—of different countries where
foreign elements are involved.
International law is an independent system
of law existing outside the legal orders of
particular states. It differs from domestic
legal systems in a number of respects. For
example, although the United Nations (UN)
General Assembly, which consists of
representatives of some 190 countries, has
the outward appearances of a legislature, it
has no power to issue binding laws. Rather,
its resolutions serve only as
recommendations—except in specific cases
and for certain purposes within the UN
system, such as determining the UN budget,
admitting new members of the UN, and, with
the involvement of the Security Council,
electing new judges to the International
Court of Justice (ICJ). Also, there is no system
of courts with comprehensive jurisdiction in
international law. The ICJ’s jurisdiction
in contentious cases is founded upon the
consent of the particular states involved.
There is no international police force or
comprehensive system of law enforcement,
and there also is no supreme executive
authority. The UN Security Council may
authorize the use of force to compel states
to comply with its decisions, but only in
specific and limited circumstances;
essentially, there must be a prior act
of aggression or the threat of such an act.
Moreover, any such enforcement action can
be vetoed by any of the council’s five
permanent members (China, France, Russia,
the United Kingdom, and the United States).
Because there is no standing UN military, the
forces involved must be assembled from
member states on an ad hoc basis.
International law is a distinctive part of the
general structure of international relations.
In contemplating responses to a particular
international situation, states usually
consider relevant international laws.
Although considerable attention is invariably
focused on violations of international law,
states generally are careful to ensure that
their actions conform to the rules and
principles of international law, because
acting otherwise would be regarded
negatively by the international community.
The rules of international law are rarely
enforced by military means or even by the
use of economic sanctions. Instead, the
system is sustained by reciprocity or a sense
of enlightened self-interest. States
that breach international rules suffer a
decline in credibility that
may prejudice them in future relations with
other states. Thus, a violation of a treaty by
one state to its advantage may induce other
states to breach other treaties and thereby
cause harm to the original violator.
Furthermore, it is generally realized that
consistent rule violations would jeopardize
the value that the system brings to the
community of states, international
organizations, and other actors. This value
consists in the certainty, predictability, and
sense of common purpose in international
affairs that derives from the existence of a
set of rules accepted by all international
actors. International law also provides a
framework and a set of procedures for
international interaction, as well as a
common set of concepts for understanding
it.
3.1.2. ii Historical development
International law reflects the establishment
and subsequent modification of a world
system founded almost exclusively on the
notion that independent sovereign states are
the only relevant actors in the international
system. The essential structure of
international law was mapped out during the
European Renaissance, though its origins lay
deep in history and can be traced to
cooperative agreements between peoples in
the ancient Middle East. Among the earliest
of these agreements were a treaty between
the rulers of Lagash and Umma (in the area
of Mesopotamia) in approximately
2100 BCE and an agreement between the
Egyptian pharaoh Ramses II and Hattusilis III,
the king of the Hittites, concluded in
1258 BCE. A number of pacts were
subsequently negotiated by various Middle
Eastern empires. The long and rich cultural
traditions of ancient Israel, the Indian
subcontinent, and China were also vital in
the development of international law. In
addition, basic notions of governance, of
political relations, and of the interaction of
independent units provided by ancient
Greek political philosophy and the relations
between the Greek city-
states constituted important sources for the
evolution of the international legal system.
Many of the concepts that today underpin
the international legal order were
established during the Roman Empire.
The jus gentium (Latin: “law of nations”), for
example, was invented by the Romans to
govern the status of foreigners and the
relations between foreigners and Roman
citizens. In accord with the Greek concept
of natural law, which they adopted, the
Romans conceived of the jus gentium as
having universal application. In the Middle
Ages, the concept of natural law, infused
with religious principles through the writings
of the Jewish philosopher Moses
Maimonides (1135–1204) and the theologian
St. Thomas Aquinas (1224/25–1274),
became the intellectual foundation of the
new discipline of the law of nations,
regarded as that part of natural law that
applied to the relations between sovereign
states.
After the collapse of the western Roman
Empire in the 5th
century CE, Europe suffered from frequent
warring for nearly 500 years. Eventually, a
group of nation-states emerged, and a
number of supranational sets of rules were
developed to govern interstate relations,
including canon law, the law
merchant (which governed trade), and
various codes of maritime law—e.g., the
12th-century Rolls of Oléron, named for an
island off the west coast of France, and the
Laws of Wisby (Visby), the seat of
the Hanseatic League until 1361. In the 15th
century the arrival of Greek scholars in
Europe from the collapsing Byzantine
Empire and the introduction of the printing
press spurred the development of scientific,
humanistic, and individualist thought, while
the expansion of ocean navigation by
European explorers spread European norms
throughout the world and broadened the
intellectual and geographic horizons of
western Europe. The subsequent
consolidation of European states with
increasing wealth and ambitions, coupled
with the growth in trade, necessitated the
establishment of a set of rules to regulate
their relations. In the 16th century the
concept of sovereignty provided a basis for
the entrenchment of power in the person of
the king and was later transformed into a
principle of collective sovereignty as
the divine right of kings gave way
constitutionally to parliamentary or
representative forms of government.
Sovereignty also acquired an external
meaning, referring to independence within a
system of competing nation-states.
Early writers who dealt with questions of
governance and relations between nations
included the Italian lawyers Bartolo da
Sassoferrato (1313/14–1357), regarded as
the founder of the modern study of private
international law, and Baldo degli Ubaldi
(1327–1400), a famed teacher, papal
adviser, and authority on Roman and feudal
law. The essence of the new approach,
however, can be more directly traced to the
philosophers of the Spanish Golden Age of
the 16th and 17th centuries. Both Francisco
de Vitoria (1486–1546), who was particularly
concerned with the treatment of
the indigenous peoples of South America by
the conquering Spanish forces, and Francisco
Suárez (1548–1617) emphasized that
international law was founded upon the law
of nature. In 1598 Italian jurist Alberico
Gentili (1552–1608), considered the
originator of the secular school of thought in
international law, published De jure belli libri
tres (1598; Three Books on the Law of War),
which contained a comprehensive discussion
of the laws of war and treaties. Gentili’s
work initiated a transformation of the law of
nature from a theological concept to a
concept of secular philosophy founded on
reason. The Dutch jurist Hugo Grotius (1583–
1645) has influenced the development of the
field to an extent unequaled by any other
theorist, though his reputation as the father
of international law has perhaps been
exaggerated. Grotius excised theology from
international law and organized it into a
comprehensive system, especially in De Jure
Belli ac Pacis (1625; On the Law of War and
Peace). Grotius emphasized the freedom of
the high seas, a notion that rapidly gained
acceptance among the northern European
powers that were embarking upon extensive
missions of exploration and colonization
around the world.
The scholars who followed Grotius can be
grouped into two schools, the naturalists
and the positivists. The former camp
included the German jurist Samuel von
Pufendorf (1632–94), who stressed the
supremacy of the law of nature. In
contrast, positivist writers, such as Richard
Zouche (1590–1661) in England and Cornelis
van Bynkershoek (1673–1743) in the
Netherlands, emphasized the actual practice
of contemporary states over concepts
derived from biblical sources, Greek thought,
or Roman law. These new writings also
focused greater attention on the law of
peace and the conduct of interstate relations
than on the law of war, as the focus of
international law shifted away from the
conditions necessary to justify the resort to
force in order to deal with increasingly
sophisticated interstate relations in areas
such as the law of the sea and commercial
treaties. The positivist school made use of
the new scientific method and was in that
respect consistent with the empiricist and
inductive approach to philosophy that was
then gaining acceptance in Europe. Elements
of both positivism and natural law appear in
the works of the German
philosopher Christian Wolff (1679–1754) and
the Swiss jurist Emerich de Vattel (1714–67),
both of whom attempted to develop an
approach that avoided the extremes of each
school. During the 18th century, the
naturalist school was gradually eclipsed by
the positivist tradition, though, at the same
time, the concept of natural rights—which
played a prominent role in the American and
French revolutions—was becoming a vital
element in international politics. In
international law, however, the concept of
natural rights had only marginal significance
until the 20th century.
Positivism’s influence peaked during the
expansionist and industrial 19th century,
when the notion of state sovereignty was
buttressed by the ideas of exclusive domestic
jurisdiction and nonintervention in the
affairs of other states—ideas that had been
spread throughout the world by the
European imperial powers. In the 20th
century, however, positivism’s dominance in
international law was undermined by the
impact of two world wars, the resulting
growth of international organizations—e.g.,
the League of Nations, founded in 1919, and
the UN, founded in 1945—and the increasing
importance of human rights. Having become
geographically international through the
colonial expansion of the European powers,
international law became truly international
in the first decades after World War II,
when decolonization resulted in the
establishment of scores of newly
independent states. The varying political and
economic interests and needs of these
states, along with their diverse cultural
backgrounds, infused the hitherto European-
dominated principles and practices of
international law with new influences.
The development of international law—both
its rules and its institutions—is inevitably
shaped by international political events.
From the end of World War II until the
1990s, most events that threatened
international peace and security were
connected to the Cold War between
the Soviet Union and its allies and the U.S.-
led Western alliance. The UN Security
Council was unable to function as intended,
because resolutions proposed by one side
were likely to be vetoed by the other. The
bipolar system of alliances prompted the
development of regional organizations—e.g.,
the Warsaw Pact organized by the Soviet
Union and the North Atlantic Treaty
Organization (NATO) established by the
United States—and encouraged the
proliferation of conflicts on
the peripheries of the two blocs, including in
Korea, Vietnam, and Berlin. Furthermore,
the development of norms for protecting
human rights proceeded unevenly, slowed
by sharp ideological divisions.
The Cold War also gave rise to the
coalescence of a group of nonaligned and
often newly decolonized states, the so-called
“Third World,” whose support was eagerly
sought by both the United States and the
Soviet Union. The developing world’s
increased prominence focused attention
upon the interests of those states,
particularly as they related to
decolonization, racial discrimination, and
economic aid. It also fostered greater
universalism in international politics and
international law. The ICJ’s statute, for
example, declared that the organization of
the court must reflect the main forms of
civilization and the principal legal systems of
the world. Similarly, an informal agreement
among members of the UN requires that
nonpermanent seats on the Security Council
be apportioned to ensure equitable regional
representation; 5 of the 10 seats have
regularly gone to Africa or Asia, two to Latin
America, and the remainder to Europe or
other states. Other UN organs are structured
in a similar fashion.
The collapse of the Soviet Union and the end
of the Cold War in the early 1990s increased
political cooperation between the United
States and Russia and their allies across the
Northern Hemisphere, but tensions also
increased between states of the north and
those of the south, especially on issues such
as trade, human rights, and the law of the
sea. Technology and globalization—the
rapidly escalating growth in the international
movement in goods, services, currency,
information, and persons—also became
significant forces, spurring international
cooperation and somewhat reducing the
ideological barriers that divided the world,
though globalization also led to increasing
trade tensions between allies such as the
United States and the European Union (EU).
Since the 1980s, globalization has increased
the number and sphere of influence of
international and regional organizations and
required the expansion of international law
to cover the rights and obligations of these
actors. Because of its complexity and the
sheer number of actors it affects, new
international law is now frequently created
through processes that require near-
universal consensus. In the area of
the environment, for example, bilateral
negotiations have been supplemented—and
in some cases replaced—by multilateral
ones, transmuting the process of individual
state consent into community acceptance.
Various environmental agreements and
the Law of the Sea treaty (1982) have been
negotiated through this consensus-building
process. International law as a system is
complex. Although in principle it is
“horizontal,” in the sense of being founded
upon the concept of the equality of states—
one of the basic principles of international
law—in reality some states continue to be
more important than others in creating and
maintaining international law.
3.1.2.iii International law and municipal law
In principle, international law operates only
at the international level and not within
domestic legal systems—a perspective
consistent with positivism, which recognizes
international law and municipal law as
distinct and independent systems.
Conversely, advocates of natural
law maintain that municipal and
international law form a single legal system,
an approach sometimes referred to
as monism. Such a system, according to
monists, may arise either out of a
unified ethical approach emphasizing
universal human rights or out of a
formalistic, hierarchical approach positing
the existence of one fundamental norm
underpinning both international law and
municipal law.
A principle recognized both in international
case law (e.g., the Alabama claims case
between the United States and the United
Kingdom following the American Civil War)
and in treaties (e.g., Article 27 of the 1969
Vienna Convention on the Law of Treaties) is
that no municipal rule may be relied upon as
a justification for violating international law.
The position of international law within
municipal law is more complex and depends
upon a country’s domestic legislation. In
particular, treaties must be distinguished
from customary international law. Treaties
are written agreements that are signed and
ratified by the parties and binding on them.
Customary international law consists of
those rules that have arisen as a
consequence of practices engaged in by
states.
The Constitution of the United
States stipulates (Article VI, Section 2)
that treaties “shall be the supreme Law of
the Land.” Treaties are negotiated by the
president but can be ratified only with the
approval of two-thirds of the Senate (Article
II)—except in the case of executive
agreements, which are made by the
president on his own authority. Further, a
treaty may be either self-executing or non-
self-executing, depending upon whether
domestic legislation must be enacted in
order for the treaty to enter into force. In
the United States, self-executing treaties
apply directly as part of the supreme law of
the land without the need for further action.
Whether a treaty is deemed to be self-
executing depends upon the intention of the
signatories and the interpretation of the
courts. In Sei Fujii v. State of
California (1952), for example, the California
Supreme Court held that the UN Charter was
not self-executing because its relevant
principles concerning human rights lacked
the mandatory quality and certainty
required to create justiciable rights for
private persons upon its ratification; since
then the ruling has been consistently applied
by other courts in the United States. In
contrast, customary international law was
interpreted as part of federal law in
the Paquette Habana case (1900), in which
the U.S. Supreme Court ruled that
international law forbade the U.S. Navy from
selling, as prizes of war, Cuban fishing
vessels it had seized. Domestic legislation is
supreme in the United States even if
it breaches international law, though the
government may be held liable for such
a breach at the international level. In order
to mitigate such a possibility, there is a
presumption that the U.S. Congress will not
legislate contrary to the country’s
international obligations.
The United Kingdom takes an
incorporationist view, holding that
customary international law forms part of
the common law. British law, however, views
treaties as purely executive, rather than
legislative, acts. Thus, a treaty becomes part
of domestic law only if relevant legislation is
adopted. The same principle applies in other
countries where the English common law has
been accepted (e.g., the majority
of Commonwealth states and Israel).
Although the incorporationist view
regards customary law as part of the law of
the land and presumes that municipal laws
should not be inconsistent with international
law, municipal laws take precedence over
international law in cases of conflict. Those
common-law countries that have adopted a
written constitution generally have taken
slightly different positions on the
incorporation of international law into
municipal law. Ireland’s constitution, for
example, states that the country will not be
bound by any treaty involving public funds
without the consent of the national
legislature, and in Cyprus treaties concluded
in accordance with its constitution have a
status superior to municipal law on the
condition of reciprocity.
In most civil-law countries, the adoption of
a treaty is a legislative act. The relationship
between municipal and international law
varies, and the status of an international
treaty within domestic law is determined by
the country’s constitutional provisions. In
federal systems, the application of
international law is complex, and the rules of
international law are generally deemed to be
part of the federal law. Although a treaty
generally becomes operative only when it
has been ratified by a national
legislature, EU countries have agreed that
regulations and decisions emanating from
EU institutions are directly applicable and
enforceable without the need for enabling
legislation—except for legislation permitting
this form of lawmaking, which is adopted
upon the country’s entry into the union (e.g.,
Britain’s adoption of the
European Communities Act in 1972).
Historical Development of ILEL
Growth of international
environmental law as a separate area
of public international law began in
the 1970s with the Stockholm
Conference on the Environment in
1972. Since then interest has steadily
increased and it is one of the fastest Environmental law is also cutting
growing areas of international across other areas of international
law. Current issues of law, such as commercial/business
international concern covered by law, trade, and human rights.
environmental law include ozone
layer depletion and global warming, International cooperation in the
desertification, destruction of form
tropical rain forests, marine plastics of treaties, agreements and resol
pollution from ships, international utions created by intergovernmental
trade in endangered species (i.e. organizations as well as national laws
ivory trade), shipment of hazardous and regulations are being used to
wastes to Third World countries, protect the environment. The
deforestation of Brazil and the researcher is usually looking for
Philippines, protection of wetlands, documents from the major
oil spills, transboundary nuclear air organizations concerned with
pollution (i.e. Chernobyl), dumping protection of the environment such
of hazardous wastes, groundwater as the United Nations
depletion, international trade in Environment
pesticides, and acid rain. Programme (UNEP),
the European Union, the OECD,
and the Council of Europe. Since
ultimate responsibility for the
protection of the environment
remains at the national and local
level, municipal laws and regulations
related to the environment are
increasingly being sought after.
Cooperation, Principle of Common but
Differentiated Responsibilities, Principle of
No Significant Harms, Principles of
Sustainability, Principles of Environment
Justice, Intergenerational Equity,
Sustainable Use of Natural Resources,
Integration of Environment and Developm
ent etc.

Some major general principles of The description of the general principles and
international environmental laws developed rules of international environmental law that
in its own history are as follows: have emerged from international treaties,
agreements, and customs is important' The
significance of the generality of these
Principles of Environmental Law,
principles is that they can be applied to the
Preventive Principal, Polluter Pays
international community for the protection of
Principle, Precautionary Principle, the environment.
Principle of Inter- and Intra-Generational
Equity, Principle of Common Heritage of Under traditional views, public international
Human Kinds, Principle of Good law derives from one of four sources:
Neighborliness and International international conventions; international
customs; general principles of law recognized
by civilized nations; and judicial decisions
and teachings of highly qualified
legal .scholars.' Relatively new international
environmental law is developing from the
aforementioned sources, as well as from less
traditional and binding sources. There is no
international instrument of global application
which defines the rights and duties of the
countries in environmental matters.
Nevertheless, resolutions and declarations of
international agencies in charge of the
environmental controls, such as the Atomic
Energy Agency, state the practices and
decisions of international tribunals
which have played important roles in the
development of rules. From the large body
of international instruments dealing with
environmental issues, it is possible to point
out seven principles. The consistency and
acceptance is not the same for each, as will
be shown.
Sovereignty and responsibility aspects in IEL
International environmental law has
developed between two apparently
contradicting principles. First, states' have
sovereign rights over their natural resources.
Second, states should not cause damage to
the environment. Although the concept of a
state's sovereignty over its natural resources
is rooted in the old principle of territorial
sovereignty, the United Nations General
Assembly has further encouraged it
declaring, inter alia, that the right of peoples
and nations to permanent sovereignty over
their natural resources and wealth must be
exercised in the interest of their national
development, and of the well-being of the
people of the state.4 This resolution reflects
the right to permanent sovereignty over
natural resources as an international right,
and has been accepted by tribunals as a
reflection of international customs.' National
sovereignty over natural resources has been
affirmed in international agreements.
The concept of sovereignty is not absolute,
and is subject to a general duty not to cause
environmental damage to the environment of
other states, or to areas beyond a state's
national jurisdiction. As stated in the 1992
Rio Declaration: states have, in accordance
with the Charter of the United Nations and
the principles of international law, the
sovereign right to exploit their own resources
pursuant to their own environmental and
developmental policies, and the responsibility
to ensure that activities within their
jurisdiction or control do not cause damage to
the environment of other states or areas
beyond the limits of national jurisdiction.'
This is a derivation from the general maxim
that the possession of rights involves the
performance of corresponding obligations.'
The responsibility not to cause environmental
damage precedes the Rio Declaration. There
is an obligation of all states to protect the
rights of other states, as elaborated in Trail
Smelter,9 a case which stated that: under
principles of international law . . . no state
has the right to use or permit the use of
territory in such a manner as to cause injury
by fumes in or to the territory of another of
the properties or persons therein, when the
case is of serious consequence and the injury
is established by clear and convincing
evidence."° This principle was further
developed in 1961 when the United Nations
General Assembly declared that "[T]he
fundamental principles of international law
impose a responsibility on all states
concerning actions which might have harmful
biological consequences for the existing and
future generations of peoples of other states,
by increasing the levels of radioactive
fallout."" The duty to avoid environmental
damage also has been accepted in
international treaties" as well as in other
international practices. 13 Moreover, in the
case of shared resources, this is a resource
which does not fall as a whole within the
jurisdiction of one state; the primary concept
is the obligation for equitable and
harmonious utilization of the resource."1
This obligation is primarily related to
cooperation on the basis of a system of
information and prior consultation and
notification in order to achieve optimum use
of such resources without causing damage to
the legitimate interests of other states." In
those areas beyond the limits of national
jurisdiction, such as the high seas, the
applicable concept is not one of sovereignty,
but is one of common heritage of humanity.
Simply stated, global property is open and its
wealth cannot be appropriated by states.
'States are only administrators of the
property's wealth and benefits. 6 States must
cooperate in the conservation and share the
economic benefits of those areas." Recently,
the concept of common heritage of
humankind has been applied to the protection
of Antarctica.
Assignment: Explain briefly about the
historical development of international
environmental law atarting from the
Stockholm declaration. (2,000 words)
 २०१९ सालमा थप अधिकार प्राप्त गर्न चतारा नहर प्रणाली सम्झौता पनि भयो । वर्षौंदेखि नेपालको २६० वर्ग
माइल (४१६ वर्ग कि मी) बढी जमिन डुवानमा पर्दै आइरहेको छ।
वि सं २०१६ मङ्सिर १९ मा महामानव बिपीले गण्डक सम्झौता गरे । मर्स्याङ्दी, त्रिशुली, बुढीगण्डकी, सेती,
कालीगण्डकी, लगायतबाट बगेर आउने गण्डकीको पानी सबै इन्डियाको अघिकार भयो । ती नदीहरूमा
नेपालले कु नै बाँध नहर आयोजना निर्माण गर्न नपाउने सन्धि भयो । सन्धिअनुसार इण्डियामा १८ लाख ५०
हजार हेक्टर र नेपालले ५० हजार हेक्टर मात्र जमिन सिचाइ गर्न पाउने व्यवस्था भयो । तत्पश्चात् नवलपरासीका
3.2 Sources of International Environmental १३ गाउँ हरेक वर्ष डुवानमा पर्दै आएका छन्। सन्धिको विरुद्ध २०६५ जेठमा आम जनताले ३४ दिन आन्दोलन
Law गरे के ही भएन ।
बिपीले नै कालापानीमा भारतीय सेना राख्ने स्वीकृ ति दिए । शान्ति सेना तथा हतियारको पनि सम्झौता उनैले
The sources of International Laws (IL) are गरे ।
२०४६ मा तेस्रो जलस्रोत सम्झौता भयो । शारदा ब्यारेज, टनकपुर ब्यारेज, पञ्चेश्वर आयोजनाको एकीकृ त रूप
the sources of National Environmental Laws हो महाकाली सन्धि । यो सन्धि शेर बहादुर देउवाको नेतृत्वमा नेपालको २/३ संसद सदस्यबाट पारित गराएका
(NEL) as well as International Environmental थिए ।
Laws (IEL). The followings are the noted २०४८ मा भारत भ्रमणमा रहेका गिरिजाले टनकपुर सम्झौता गरे। २०४७ संविधाको १२६ अनुसार यो कु नै
सन्धि हैन भनियो र २०४९ मङ् सिर ३० मा सर्वोच्चले सन्धि नै हो भनेपछि अनुमोदनको लागि संसदमा पेश
sources: गरिएन । बरू महाकालीका नयाँ नयाँ प्याके ज अगाडि सारिए । महाकाली सन्धिको धारा ३ मा महाकाली नदी
नेपालको भएपनि नेपालले आधा स्वीकार गर्यो ।
1. Treaties: महाकाली सन्धिको कारण २०५६ मा एमाले विभाजित नै बन्यो । ४० बुँदे मागपत्रसहित जनयुद्ध सुरु भो ।
महाकाली नदीमा ३१५ मि अग्लो बाँध बाधेर इन्डियाले पानी एकतर्फी लगिरहेको छ जसले पुर्‍याएको क्षति
i. Bilateral (Sugauli Treaties held between सहजै अनुमान गर्न सकिन्छ ।। यसको जोखिम, भूकम्पीय असर, डुवान र वन जंगलको क्षति अति नकारात्मक
East India Company and Neapl) छ।
गिरिजा कोइरालाले नै माथिल्लो कर्णाली परियोजना, पश्चिम सेती तथा अरुण तेस्रो परियोजना जस्ता सम्झौता
treaties
गरे । हाल ती नदीनालामा नेपालको स्वच्छतापूर्वक कु नै अधिकार छैन ।
२०७७/०४/२१ को लेख मुख्य देउवा भएपनि महाकाली सन्धिमा हस्ताक्षर गराउने नाइके खड्ग ओली थिए । २०५३ असोज ४ गते राती
संक्षेपमा... संसदबाट अनुमोदन गराउँने ओली, माधव नेपाल, नेपाली कांग्रेस, राप्रपा, तथा सद्भावना पार्टी थिए ।
२०११ बैशाख १२ मा मातृका कोइरालाले १९९ वर्षको लागि कोशी सम्झौता गरे । भारतले नेपालको राष्ट्रघातको अर्को नमूना २०६४ मा इन्डियन निजी कम्पनी GMR लाई पश्चिम सेती, अरुण तेस्रो, माथिल्लो
जमिनबाट बाँध बाध्यो र एक लाख भन्दा बढी नेपाली प्रभावित बनेका छन् । कर्णाली सन्धिहरू गरेपछि प्रस्ट देखियो ।
नेपालले मर्चबार, कै लाशपुर, लक्ष्मणपुर, महलीसागर, रसियावाल, खुर्दलोटन, बाग्मती लालबकै या, कु नौली,
डण्डाफरेना, लुनाजस्ता बाँध तटबन्धनबाट हरेक वर्ष ठूलो क्षति व्योहोर्नु परेको छ । जुन बाँध भत्काएर नेपालको
2. Customs
डुवान रोक्न सन्धिले दिदैन ।
पूर्व मेचीदेखि महाकालीसम्म २० बाँध नेपालको स्वीकृ ति नलिई भारत द्वारा बनाइएकोमा हाम्रा राजनीति
3. General Principles of International
दलहरूले खुलेर कहिले विरोध गरेका छैनन् । बगेको नदीलाई रोक्न मिल्दैन अन्तर्राष्ट्रिय सन्धि अनुसार जुन Laws
भारतलाई रोक्न दिएका छन्। २५० स्थानमा ६० हजार हेक्टर भारतले जमिन भारतले मिचेको छ ।
इन्डियासँग भएका यी असमान सन्धिको अवधारणा प्रस्तुत गर्न र निस्तेज गर्न १९९६ को भियना महासन्धि (We studied 10 principles)
अनुसार अनुमोदन गर्न सकिन्छ । नेपालले सन १९९७ को संयुक्त राष्ट्र संघीय अन्तरार्ष्टिय महासन्धिलाई पनि
अनुमोदन गरेर अगाडि बढ्न सकिने व्यवस्था छ । 4. Others:
इन्डियाले १९८५ मा राप्ती नदीमा निर्माण गरेको लक्ष्मणपुर बाँध र २२.५ किमि लामो कलकलवा तटबन्धको
कारण बाँके जिल्लाको होलिया, बेतहनी, फत्तेपुर, गङ् गापुर र मटैहियामा गा पा का ३३ गाउँलाई क्षति पुर्‍याइ i. MEAs
पन्ध्र हजार बासिन्दाहरू हरेक वर्ष डुबानमा पर्दै आइरहेका छन् ।
सीमाबाट ८ किमिको दूरीसम्ममा त्यस्तो संरचना बनाउँदा एक देशले अर्को देशको सहमति लिनुपर्ने नियमलाई - Multilateral Environmental Agreements -
इन्डियन पक्षबाट नेपालसँग कु नै सहमति लिएको छैन । over 200 MEAs in the world.
यो बाँधको कारण २०७० मा २,४०० बिगाह नष्ट भई २५,००० जनसंख्या प्रभावित, २०७१ मा ४०००
बिगाह, वार्षिक ३३ करोड ८१ लाखको भौतिक पूर्वाधार र कृ षि तथा पशुपालन तर्फ २९ करोड माथि क्षति हुने ii. Regional Environmental Agreements:
गरेको हाम्रो निरीक्षण तथा वार्षिक तथ्याङ् कले जनाएको छ। । यो क्षतिको क्रम निरन्तर छ ....
स्वतन्त्र राष्ट्रिय अभियान, नेपालमात्र यी सन्धिहरूको खुलेर विरोध गर्ने संगठन हो । समय परिवर्तन हुन्छ, अब 150 MEAs in European Union only.
काग्रेस र कम्निस्टले गरेनन् भनेर विवाद गर्नुभन्दा हामी यो महाभियानमा सम्मिलित भएर सँगै बढौं । देशलाई
iii. Religious Texts
निकास दिने कार्य गरौं। जनताले कु नै प्रभावमा नपरी आफ्नो मतदानद्वारा मात्र निर्देश गर्न सक्नेछन् । हामी
अभियानको अवधारणा पत्र अनुसार हिड्नेछौ । iv. Traditional Customs
कृ ष्ण प्रसाईं, अभियन्ता
स्वतन्त्र राष्ट्रिय अभियान, नेपाल v. Legislations
vi. Judicial Decisions
ii. Multilateral treaties.
vii. Declarations and Recommendations
viii. Directives
ix. Expert's Opinions
x. Customary Internatioal laws
3.2.1 Main three Sources of
International Law
Article 38 (1) of the ICJ’s statute identifies
three sources of international law: treaties,
custom, and general principles (10 principles
studied). Because the system of international
law is horizontal and decentralized, the
creation of international laws is inevitably
more complicated than the creation of laws in
domestic systems.
1.Treaties
Treaties are known by a variety of terms -
conventions, agreements, pacts, general acts,
charters, and covenants - all of which signify
written instruments in which the participants
(usually but not always states) agree to be
bound by the negotiated terms. Some
agreements are governed by municipal law
(e.g., commercial accords between states
and international enterprises), in which case
international law is inapplicable. Informal,
nonbinding political statements or
declarations are excluded from the category
of treaties.
Treaties may be bilateral or multilateral.
Treaties with a number of parties are more
likely to have international significance,
though many of the most important treaties
(e.g., those emanating from Strategic Arms
Limitation Talks) have been bilateral. A
number of contemporary treaties, such as
the Geneva Conventions (1949) and the Law
of the Sea treaty (1982; formally the United
Nations Convention on the Law of the Sea),
have more than 150 parties to them,
reflecting both their importance and the
evolution of the treaty as a method of
general legislation in international law. Other
significant treaties include the Convention
on the Prevention and Punishment of the
Crime of Genocide (1948), the Vienna
Convention on Diplomatic Relations (1961),
the Antarctic Treaty (1959), and the Rome
Statute establishing the International
Criminal Court (1998). Whereas some
treaties create international organizations
and provide their constitutions (e.g., the UN
Charter of 1945), others deal with
more mundane issues (e.g., visa regulations,
travel arrangements, and bilateral economic
assistance).
Countries that do not sign and ratify a treaty
are not bound by its provisions.
Nevertheless, treaty provisions may form the
basis of an international custom in certain
circumstances, provided that the provision in
question is capable of such generalization or
is “of a fundamentally norm-creating
character,” as the ICJ termed the process in
the North Sea Continental Shelf cases (1969).
A treaty is based on the consent of the
parties to it, is binding, and must be
executed in good faith. The concept known
by the Latin formula pacta sunt
servanda (“agreements must be kept”) is
arguably the oldest principle of international
law. Without such a rule, no international
agreement would be binding or
enforceable. Pacta sunt servanda is directly
referred to in many international
agreements governing treaties, including
the Vienna Convention on the Law of
Treaties (1969), which concerns treaties
between states, and the Vienna Convention
on the Law of Treaties Between States and
International Organizations or Between
International Organizations (1986).
There is no prescribed form or procedure for
making or concluding treaties. They may be
drafted between heads of state or between
government departments. The most crucial
element in the conclusion of a treaty is the
signaling of the state’s consent, which may
be done by signature, an exchange of
instruments, ratification, or accession.
Ratification is the usual method of declaring
consent—unless the agreement is a low-
level one, in which case a signature is usually
sufficient. Ratification procedures vary,
depending on the country’s constitutional
structure.
Treaties may allow signatories to opt out of a
particular provision, a tactic that enables
countries that accept the basic principles of a
treaty to become a party to it even though
they may have concerns
about peripheral issues. These concerns are
referred to as “reservations,” which are
distinguished from interpretative
declarations, which have no binding effect.
States may make reservations to a treaty
where the treaty does not prevent doing so
and provided that the reservation is not
incompatible with the treaty’s object and
purpose. Other states may accept or object
to such reservations. In the former case, the
treaty as modified by the terms of the
reservations comes into force between the
states concerned. In the latter case, the
treaty comes into force between the states
concerned except for the provisions to which
the reservations relate and to the extent of
the reservations. An obvious defect of this
system is that each government determines
whether the reservations are permissible,
and there can be disagreement regarding
the legal consequences if a reservation is
deemed impermissible.
A set of rules to interpret treaties has
evolved. A treaty is expected to be
interpreted in good faith and in accordance
with the ordinary meanings of its terms,
given the context, object, and purpose of the
treaty. Supplementary means of
interpretation, including the use of travaux
préparatoires (French: “preparatory works”)
and consideration of the circumstances
surrounding the conclusion of the treaty,
may be used when the treaty’s text
is ambiguous. In certain cases, a more
flexible method of treaty interpretation,
based on the principle of effectiveness (i.e.,
an interpretation that would not allow the
provision in question to be rendered useless)
coupled with a broader-purposes approach
(i.e., taking into account the basic purposes
of the treaty in interpreting a particular
provision), has been adopted. Where the
treaty is also the constitutional document of
an international organization, a more
programmatic or purpose-oriented approach
is used in order to assist the organization in
coping with change. A purpose-oriented
approach also has been deemed appropriate
for what have been described as “living
instruments,” such as human rights treaties
that establish an implementation system; in
the case of the European Convention on
Human Rights of 1950, this approach has
allowed the criminalization
of homosexuality to be regarded as a
violation of human rights in the
contemporary period despite the fact that it
was the norm when the treaty itself was
signed.
A treaty may be terminated or suspended in
accordance with one of its provisions (if any
exist) or by the consent of the parties. If
neither is the case, other provisions may
become relevant. If a material breach of a
bilateral treaty occurs, the innocent party
may invoke that breach as a ground for
terminating the treaty or suspending its
operation. The termination of multilateral
treaties is more complex. By unanimous
agreement, all the parties may terminate or
suspend the treaty in whole or in part, and a
party specially affected by a breach may
suspend the agreement between itself and
the defaulting state. Any other party may
suspend either the entire agreement or part
of it in cases where the treaty is such that a
material breach will radically change the
position of every party with regard to its
obligations under the treaty. The ICJ, for
example, issued an advisory opinion in 1971
that regarded as legitimate the General
Assembly’s termination of
the mandate for South West Africa. A breach
of a treaty is generally regarded as material
if there is an impermissible repudiation of
the treaty or if there is a violation of a
provision essential to the treaty’s object or
purpose.
The concept of rebus sic stantibus (Latin:
“things standing thus”) stipulates that,
where there has been a fundamental change
of circumstances, a party may withdraw
from or terminate the treaty in question. An
obvious example would be one in which a
relevant island has become submerged. A
fundamental change of circumstances,
however, is not sufficient for termination or
withdrawal unless the existence of the
original circumstances was an essential basis
of the consent of the parties to be bound by
the treaty and the change radically
transforms the extent of obligations still to
be performed. This exception does not apply
if the treaty establishes a boundary or if the
fundamental change is the result of a breach
by the party invoking it of an obligation
under the treaty or of any other
international obligation owed to any other
party to the treaty.
Note: Treaty: concept (based on good faith),
bilateral or multilateral, Examples (two)
Assignment: Explain treaty as a source of
international law (international
environmental law).
2. Custom
The ICJ’s statute refers to “international
custom, as evidence of a general
practice accepted as law,” as a second
source of international law. Custom, whose
importance reflects the decentralized nature
of the international system, involves two
fundamental elements: the actual practice of
states and the acceptance by states of that
practice as law. The actual practice of states
(termed the “material fact”) covers various
elements, including the duration,
consistency, repetition, and generality of a
particular kind of behaviour by states. All
such elements are relevant in determining
whether a practice may form the basis of a
binding international custom. The ICJ has
required that practices amount to a
“constant and uniform usage” or be
“extensive and virtually uniform” to be
considered binding. Although all states may
contribute to the development of a new or
modified custom, they are not all equal in
the process. The major states generally
possess a greater significance in the
establishment of customs. For example,
during the 1960s the United States and
the Soviet Union played a far more crucial
role in the development of customs relating
to space law than did the states that had
little or no practice in this area. After a
practice has been established, a second
element converts a mere usage into a
binding custom—the practice must be
accepted as opinio juris sive
necessitatis (Latin: “opinion that an act is
necessary by rule of law”). In the North Sea
Continental Shelf cases, the ICJ stated that
the practice in question must have “occurred
in such a way as to show a general
recognition that a rule of law or legal
obligation is involved.”
Once a practice becomes a custom, all states
in the international community are bound by
it whether or not individual states have
expressly consented—except in cases where
a state has objected from the start of the
custom, a stringent test to demonstrate. A
particular practice may be restricted to a
specified group of states (e.g., the Latin
American states) or even to two states, in
which cases the standard for acceptance as a
custom is generally high. Customs can
develop from a machinery of the judicial process—e.g., the
generalizable treaty provision, and a binding
customary rule and a multilateral treaty
provision on the same subject matter (e.g.,
the right to self-defense) may exist at the
same time.
3. General principles of law:
A third source of international law identified
by the ICJ’s statute is “the general principles
of law recognized by civilized nations.” These
principles essentially provide a mechanism
to address international issues not already
subject either to treaty provisions or to
binding customary rules. Such general
principles may arise either through
municipal law or through international law,
and many are in fact procedural or evidential
principles or those that deal with the
principle, established in Chorzow
Factory (1927–28), that the breach of an
engagement involves an obligation to make
reparation. Accordingly, in the Chorzow
Factory case, Poland was obliged to pay
compensation to Germany for the illegal
expropriation of a factory.
Perhaps the most important principle of
international law is that of good faith. It
governs the creation and performance of
legal obligations and is the foundation of
treaty law. Another important general
principle is that of equity, which permits
international law to have a degree of
flexibility in its application and enforcement.
The Law of the Sea treaty, for example,
called for the delimitation on the basis of
equity of exclusive economic zones and
continental shelves between states with
opposing or adjacent coasts.
4. Other sources: (rest sources)
Article 38 (1) of the ICJ’s statute also
recognizes judicial decisions and scholarly
writings as subsidiary means for the
determination of the law. Both municipal
and international judicial decisions can serve
to establish new principles and rules. In
municipal cases, international legal rules can
become clear through their consistent
application by the courts of a number of
states. A clearer method of law
determination, however, is constituted by
the international judicial decisions of bodies
such as the ICJ at The Hague, the UN
International Tribunal for the Law of the Sea
at Hamburg (Germany), and international
arbitral tribunals.
International law can arise indirectly through
other mechanisms. UN General
Assembly resolutions, for example, are not
binding—except with respect to certain
organizational procedures—but they can be
extremely influential. Resolutions may assist
in the creation of new customary rules, both
in terms of state practice and in the process
of establishing a custom by demonstrating
the acceptance by states of the practice “as
law” (the opinio juris). For this to occur, a
resolution must contain generalizable
provisions and attract substantial support
from countries with diverse ideological,
cultural, and political perspectives. Examples
of such resolutions include the Declaration
on the Granting of Independence to Colonial
Countries and Peoples (1960), the
Declaration on the Legal Principles
Governing Activities of States in the
Exploration and Use of Outer Space (1963),
and the Declaration on Principles of
International Law Concerning Friendly
Relations and Co-operation Among States
(1970).
Unilateral actions by a state may give rise to
legal obligations when it is clear that the
state intends to be bound by the obligation
and when its intention is publicly
announced. An example of such a case was
France’s decision to stop atmospheric
nuclear testing during litigation at the ICJ
between it and Australia and New
Zealand (1974) concerning the legality of
such testing. Unilateral statements also
may constitute evidence of a state’s views
on a particular issue. Even when an
instrument or document does not entail a
legal obligation, it may be influential within
the international community. The Helsinki
Accords (1975), which attempted to reduce
tensions between the Soviet Union and the
United States during the Cold War, was
expressly not binding but had immense
political effects. In certain areas, such
as environmental law and economic law, a
range of recommendations, guidelines,
codes of practice, and standards may
produce what is termed “soft law”—that is,
an instrument that has no strict legal value
but constitutes an important statement.
3.2.2 Hierarchies of sources and norms
General principles are complementary to
treaty law and custom. Sources that are of
more recent origin are generally accepted as
more authoritative, and specific rules
take precedence over general rules. Jus
cogens (Latin: “compelling law”) rules are
peremptory norms that cannot be deviated
from by states; they possess a higher status
than jus dispositivum (Latin: “law subject to
the dispensation of the parties”), or normal
international rules, and can be altered only
by subsequent norms of the same status.
Rules in the former category include the
prohibitions against genocide, slavery,
and piracy and the outlawing of aggression.
Other examples of jus cogens rules are more
controversial. The Vienna Convention on the
Law of Treaties provides (Article 53) that a
treaty will be void if, at the time of its
conclusion, it conflicts with a peremptory
norm of general international law. Further,
the wrongfulness of a state action is
precluded if the act is required by a
peremptory norm of general international
law. For a jus cogens norm to be created, the
principle must first be established as a rule
of international law and then recognized by
the international community as a
peremptory rule of law from which no
derogation is permitted.
International law also has established a
category of erga omnes (Latin: “toward all”)
obligations, which apply to all states.
Whereas in ordinary obligations
the defaulting state bears responsibility
toward particular interested states (e.g.,
other parties to the treaty that has been
breached), in the breach of erga
omnes obligations, all states have an interest
and may take appropriate actions in
response.
3.2.3 States In International Law
Although states are not the only entities with
international legal standing and are not
the exclusive international actors, they are
the primary subjects of international law and
possess the greatest range of rights and
obligations. Unlike states, which possess
rights and obligations automatically,
international organizations, individuals, and
others derive their rights and duties in
international law directly from particular
instruments. Individuals may, for example,
assert their rights under international law
under the International Covenant on
Economic, Social, and Cultural Rights and
the International Covenant on Civil and
Political Rights, both of which entered into
force in 1976.
3.2.4 Statehood
Creation of states
The process of creating new states is a
mixture of fact and law, involving the
establishment of particular factual
conditions and compliance with relevant
rules. The accepted criteria of statehood
were laid down in the Montevideo
Convention (1933), which provided that a
state must possess a permanent population,
a defined territory, a government, and the
capacity to conduct international relations.
The need for a permanent population and a
defined territory is clear, though boundary
disputes—e.g., those concerning Albania
after World War I and Israel in 1948—do not
preclude statehood. The
international community (including the UN)
has recognized some states while they were
embroiled in a civil war (e.g., the Congo in
1960 and Angola in 1975), thus eroding the
effective-government criterion. Croatia and
Bosnia and Herzegovina were also
recognized as new states by much of the
international community in 1992, though at
the time neither was able to exercise any
effective control over significant parts of its
territory. Although independence is
required, it need not be more than
formal constitutional independence.
States may become extinct through merger
(North and South Yemen in 1990),
absorption (the accession of
the Länder [states] of the German
Democratic Republic into the Federal
Republic of Germany in 1990), dissolution
and reestablishment as new and separate
states (the creation of separate Czech and
Slovak republics from Czechoslovakia in
1993), limited dismemberment with a
territorially smaller state continuing the
identity of the larger state coupled with the
emergence of new states from part of the
territory of the latter (the Soviet Union in
1991), or, historically, annexation (Nazi
Germany’s Anschluss of Austria in 1938).
3.2.5 Recognition
Recognition is a process whereby certain
facts are accepted and endowed with a
certain legal status, such as
statehood, sovereignty over newly acquired
territory, or the international effects of the
grant of nationality. The process of
recognizing as a state a new entity that
conforms with the criteria of statehood is a
political one, each country deciding for itself
whether to extend such acknowledgment.
Normal sovereign and diplomatic immunities
are generally extended only after a state’s
executive authority has formally recognized
another state (see diplomatic immunity).
International recognition is important
evidence that the factual criteria of
statehood actually have been fulfilled. A
large number of recognitions may buttress a
claim to statehood even in circumstances
where the conditions for statehood have
been fulfilled imperfectly (e.g., Bosnia and
Herzegovina in 1992). According to the
“declaratory” theory of recognition, which is
supported by international practice, the act
of recognition signifies no more than the
acceptance of an already-existing factual
situation—i.e., conformity with the criteria
of statehood. The “constitutive” theory, in
contrast, contends that the act of
recognition itself actually creates the state.
Before granting recognition, states may
require the fulfillment of additional
conditions. The European
Community (ultimately succeeded by the
EU), for example, issued declarations in 1991
on the new states that were then forming in
eastern Europe, the former Soviet Union,
and Yugoslavia that required, inter alia,
respect for minority rights, the inviolability
of frontiers, and commitments to
disarmament and nuclear nonproliferation.
The timing of any recognition is crucial—
particularly when a new state has been
formed partly from an existing one.
Premature recognition in a case of secession
can amount to intervention in a state’s
internal affairs, a violation of one of the
fundamental principles of international law.
Recognition of governments is distinguished
from the recognition of a state. The
contemporary trend is in fact no longer to
recognize governments formally but to focus
instead upon the continuation (or
discontinuation) of diplomatic relations. By
this change, states seek to avoid the political
difficulties involved in deciding whether or
not to “recognize” new regimes taking
power by nonconstitutional means.
Although states are not obliged to recognize
new claimants to statehood, circumstances
sometimes arise that make it a positive duty
not to recognize a state. During the 1930s,
U.S. Secretary of State Henry
Stimson propounded the doctrine of the
nonrecognition of situations created as a
result of aggression, an approach that has
been reinforced since the end of World War
II. In the 1960s, the UN Security Council
“called upon” all states not to recognize
the Rhodesian white-minority regime’s
declaration of independence and imposed
economic sanctions. Similar international
action was taken in the 1970s and ’80s in
response to South Africa’s creation
of Bantustans, or homelands, which were
territories that the white-minority
government designated as “independent
states” as part of its policy of apartheid. The
Security Council also pronounced the
purported independence of Turkish-
occupied northern Cyprus as “legally invalid”
(1983) and declared “null and void” Iraq’s
annexation of Kuwait (1990). The UN also
has declared that Israel’s purported
annexation of the Golan Heights (conquered
from Syria in 1967) is invalid and has ruled
similarly with regard to Israel’s extension of
its jurisdiction to formerly Jordanian-
controlled East Jerusalem.
3.2.6 The responsibility of states
The rights accorded to states under
international law imply responsibilities.
States are liable for breaches of their
obligations, provided that the breach is
attributable to the state itself. A state is
responsible for direct violations of
international law—e.g., the breach of
a treaty or the violation of another state’s
territory. A state also is liable for breaches
committed by its internal institutions,
however they are defined by its domestic
law; by entities and persons exercising
governmental authority; and by persons
acting under the direction or control of the
state. These responsibilities exist even if the
organ or entity exceeded its authority.
Further, the state is internationally
responsible for the private activities of
persons to the extent that they are
subsequently adopted by the state. In 1979,
for example, the Iranian government
officially supported the seizure of the U.S.
embassy by militants and the subsequent
holding of diplomats and other embassy staff
as hostages. A state is not internationally
responsible if its conduct was required by a
peremptory norm of general international
law, if it was taken in conformity with the
right to self-defense under the UN Charter, if
it constituted a legitimate measure to
pressure another state to comply with its
international obligations, if it was taken as a
result of a force majeure (French: “greater
force”) beyond the state’s control, if it could
not reasonably be avoided in order to save a
life or lives, or if it constituted the only
means of safeguarding an essential interest
of the state against a grave
and imminent peril, where no essential
interest of the states toward which the
obligation exists (or of the international
community) was impaired.
A state must make full reparation for any
injury caused by an illegal act for which it is
internationally
responsible. Reparation consists of
restitution of the original situation if
possible, compensation where this is not
possible, or satisfaction (i.e.,
acknowledgment of and apology for the
breach) if neither is possible.
One controversial aspect of international law
has been the suggestion, made by
the International Law Commission in its 1996
draft on State Responsibility, that states can
be held responsible for “international
crimes” (comprising internationally wrongful
acts resulting from the breach by a state of
an international obligation so essential for
the protection of the international
community’s fundamental interests that its
breach is recognized as a crime by that
community). Examples given
included aggression, colonial domination,
and genocide. In addition to the argument
that states (as distinct from individuals)
could not be guilty of crimes as such, serious
definitional problems arose, and there was
concern over the consequences of such
crimes for states. Accordingly, in its draft
articles finally adopted in 2001, the
International Law Commission dispensed
with this politically divisive approach but
retained the idea of a more serious form of
international wrong. The commission
emphasized the concept of serious breaches
of obligations arising under a peremptory
norm of international law (i.e., the rules
of jus cogens, or those deemed essential for
the protection of fundamental international
interests). In such circumstances, all states
are under an obligation not to recognize
such a situation and to cooperate in ending
it.
States may take up the claims of individuals
injured because of the acts or omissions of
another state. In such circumstances, the
injured persons must have exhausted all
domestic remedies to hold the state
responsible unless these are ineffective.
Further, the injured person must be a
national of the state adopting the claim.
Although states alone possess the right to
grant nationality, if the claim is pleaded
against another state, the grant of
nationality must conform to the
requirements of international law and, in
particular, demonstrate the existence of a
genuine link between the individual and the
state concerned.
Spatial definition of states
Territory
The sovereignty of a state is confined to a
defined piece of territory, which is subject to
the exclusive jurisdiction of the state and is
protected by international law from violation
by other states. Although frontier disputes
do not detract from the sovereignty or
independence of a particular state, it
is inherent in statehood that there should be
a core territory that is subject to the
effective control of the authorities of the
state. Additional territory may be acquired
by states through cession from other states
(the Island of Palmas case in 1928); by the
occupation of territory that is terra
nullius (Latin: “the land of no one”)—i.e.,
land not under the sovereignty or control of
any other state or socially or politically
organized grouping; or by prescription,
where a state acquires territory through a
continued period of uncontested
sovereignty.
Under the UN Charter, sovereign title to
territory cannot be acquired purely and
simply by the use of force. Express or implied
consent is required under international law
for recognition of territory acquired by force,
whether or not the use of force was legal.
When states are created from the
dissolution or dismemberment of existing
countries, it is presumed that the frontiers of
the new states will conform to the
boundaries of prior internal administrative
divisions. This doctrine, known as uti
possidetis (Latin: “as you possess”), was
established to ensure the stability of newly
independent states whose colonial
boundaries were often drawn arbitrarily.
Maritime spaces and boundaries
The sovereign territory of a state extends to
its recognized land boundaries and to the
border of airspace and outer space above
them. A state that has a coastal boundary
also possesses certain areas of the sea.
Sovereignty over bodies of water is
regulated by four separate 1958 conventions
—the Convention on the Territorial Sea
and Contiguous Zone, the Convention on the
Continental Shelf, the Convention on the
High Seas, and the Geneva Convention on
Fishing and Conservation of the Living
Resources of the High Seas—and by
the comprehensive Law of the Sea treaty
(1982), which entered into force in 1994.
The territory of states includes internal
waters (i.e., harbours, lakes, and rivers that
are on the landward side of the baselines
from which the territorial sea and other
maritime zones are measured), over which
the state has full and complete sovereignty
and exclusive jurisdiction. Through the Law
of the Sea treaty and now under customary
international law, a state may claim a
territorial sea of up to 12 nautical miles from
the baselines (essentially the low-water
mark around the coasts of the state
concerned), though, in cases where a coast is
heavily indented, a series of straight
baselines from projecting points may be
drawn. A state has sovereignty over its
territorial seas, but they are subject to the
right of innocent passage—i.e., the right of
all shipping to pass through the territorial
waters of states, provided that the passage is
not prejudicial. Examples of prejudicial
conduct include the threat or use of force,
spying, willful and serious pollution,
breaches of customs, sanitary, fiscal, and
immigration regulations, and fishing. Coastal
states may exercise a limited degree of
criminal jurisdiction with regard to foreign
ships that are engaged in innocent passage
through their territorial seas (e.g., in cases
where the consequences of the
crime alleged extend to the coastal state or
where such measures are necessary for the
suppression of the traffic of illicit drugs).
The 1958 Convention on the Territorial Sea
and Contiguous Zone provided that states
cannot suspend the innocent passage of
foreign ships through straits that are used
for international navigation between one
part of the high seas and another part of the
high seas or the territorial sea of a foreign
state. The 1982 treaty established a new
right of transit passage for the purpose of
continuous and expeditious transit in straits
used for international navigation between
one part of the high seas or exclusive
economic zone and another. Some
international straits are subject to special
regimes. The controversial Straits Question,
for example, concerned restrictions in the
19th and 20th centuries that limited naval
access to the Bosporus and Dardanelles—
which connect the Black Sea with the Sea of
Marmara and the Mediterranean Sea—to
countries bordering the Black Sea.
A series of other maritime zones extend
beyond territorial seas. A contiguous zone—
which must be claimed and, unlike territorial
seas, does not exist automatically—allows
coastal states to exercise the control
necessary to prevent and punish
infringements of customs, sanitary, fiscal,
and immigration regulations within and
beyond its territory or territorial sea. The
zone originally extended 12 nautical miles
from the baselines but was doubled by the
1982 treaty. The exclusive economic zone
developed out of claims to fishing zones. The
1982 treaty allowed states to claim such a
zone, extending 200 nautical miles from the
baselines, in which they would possess
sovereign rights to explore, exploit,
conserve, and manage the natural resources
of the seas and seabed; to exercise
jurisdiction over artificial installations and
scientific research; and to protect and
preserve the marine environment. The zone
was accepted as part of customary
international law in the ICJ’s 1985 decision in
the dispute between Libya and Malta, which
concerned the delimitation of the
continental shelf between them.
A state is automatically entitled to exercise
sovereign rights to explore and exploit the
natural resources in an adjacent continental
shelf (i.e., the ledges projecting from the
land into and under the sea). The shelf may
extend either to the outer edge of
the continental margin or to 200 miles from
the baselines where the outer edge of the
continental margin does not reach that
distance. Thus, the continental shelf as a
concept in international law becomes a legal
fiction where the shelf does not in fact
extend as far as 200 miles.
Problems have arisen over the delimitation
of the various maritime zones between
adjacent and opposing states. International
law generally requires equitable resolutions
of maritime territorial disputes. Although the
definition of equity is unclear, relevant
factors include the impact of natural
prolongation of the land territory (i.e., the
basic principle that the continental shelf is a
continuation of the land territory into the
sea), proportionality between the length of a
disputing party’s coastline and the extent of
continental shelf it controls, the principle of
equidistance (i.e., a line of equal distance
from the two shores in question), and the
existence (if any) of islands between the
coastlines.
Environmental law exists at many levels and is
only partly constituted by international
declarations, conventions, and treaties. The bulk
of environmental law is statutory—
i.e., encompassed in the enactments of legislative
bodies—and regulatory—i.e., generated by
agencies charged by governments with protection
of the environment.
Assignment: What do you mean by
international environmental law? Mention the
sources of IEL and explain any three of them.
3.3 Kinds of International
Environmental Law (Types of
IEL)
Assignment: Define national and international
environmental law. What are the types of
national and International Environmental
Law? Explain each of them briefly. (3, 000).
Types of Environmental laws
A. (NEL)
- National Environmental Law.
B. (IEL)
- International Environmental Law. - Rules as Legislative General National
A - NEL Environmental Law.
A.i.b. 3. Bylaws (B as LGNEL)
Types of NEL
- Bylaws as Legislative General National
A.i. (GNEL/BNEL) - General National
Environmental Law.
Environmental laws/ Basic National
Envirinmental Laws - General/ Basic laws: A.i.b. 4. Standards (S as LGNEL)
A.i.a. (CGNEL) - Constitutional General -Standards as Legislative General National
National Environmental Law - Environmental Law.
Constitutional law A.i.b.5. Guidelines (G as LGNEL)
A.i.b. (LGNEL) - Legislative General -Guidelines as Legislative General National
National Environmental Law - Legislative Environmental Law
law (5 categories of legislative laws).
A.ii. (SGNEL)- Sectoral or Specific National
A.i.b. 1. Act (A as LGNEL). Environmental Law- Sectoral or Specific
- Act as Legislative General National Laws - (15 categories)
Environmental Law. A.ii. 1. Land ( L AS SGNEL)
A.i.b. 2. Rules (R as LGNEL) A.ii. 2. Forest ( F AS SGNEL)
A.ii. 3. Biodiversity ( B AS SGNEL)
A.ii. 4. Water resources (W AS SGNEL)
A.ii. 5.Urban planning & development (U
AS SGNEL)
A.ii.6. Industrial management (I AS
SGNEL)
A.ii. 7. Public health and welfare (P AS
SGNEL)
A.ii. 8. Cultural heritage (C AS SGNEL)
A.ii. 9. Farming/ Agriculture (F as SGNEL)
A.ii. 10. Tourism (T AS SGNEL)
A.ii. 11. Sensitive areas (S AS SGNEL)
A.ii.12. Infrastructure development (Infra AS
SGNEL)
A.ii. 13. Trade and finance (Trade AS
SGNEL)
A.ii.14. Promotion of indigenous nationalities
(Pro - in AS SGNEL)
A.ii. 15. Gas (G AS SGNEL)
B. International Environmental Law (IEL)
B.1 Concept
International Environmental Law (IEL) is an
essential tool for the governance and
management of sustainable development. It
provides the foundation for governmental
policies and activities for the protection of
environment as well as for ensuring that the
use of natural resources is both equitable and
sustainable. There are two types of
International Environmental Law (IEL).
B.2 Types of IEL
1. Classification of IEL on the basis of
ownership:
(a) (PUB-IEL)
- Public International Environmental Law.
(b) (PRI-IEL)
- Private International Environmental Law.
2. Classification of IEL on the basis of
legally binding aspect:
i. (S-IEL)- Soft Laws
ii. (H-IEL)- Hard Laws
1. Classification of IEL on the basis of
ownership:
(a) Public International Environmental Law
(PU-IEL)
Public international environment law is a
legal system that governs relation between
states but also between states and
international organizations like: UNO, FAO,
UNESCO, OAU, OAS, Council of Europe
etc.for the protection and management of
environment. These organizationas are
indeed created by rules of international
environmental laws.
(b) Private International Environmental Law
(PR-IEL)
Private international laws are applicable to
transitional relations between non-state
entities, such as: individual, corporations or
associations. The law governing a contrast
according to which a corporation buys a
building in a foreign country, for example, is
determined by rules of private international
laws. In some legal systems, it is also called
as "conflicts of law". Private IEL rules
belong to domestic legal systems, but these
are generally based on internationally
accepted principles concerning application is
given cases of the domestic law rules of the
concerned countries related to the jurisdiction
of domestic courts or the choice of national
laws.
2. Classification of IEL on the basis of
legally binding aspect:
.i. Hard Laws (HIEL)
Hard Law means binding laws. To constitute
law, a rule, instrument or decision must be
authoritative and prescriptive. In international
law, hard law includes self – executing
treaties or international agreements, as well
as customary laws. These instruments result
in legally enforceable commitments for
countries (states) and other international
subjects. Hard law includes
Conventions/treaties, protocols, amendments,
resolutions of the United Nations Security
Council, Costomary international rules,
general principles of environmental law, and
judgements of the International Court of
Justice. Soft laws are treated as hard laws
when it is accepted by the parliament of any
state.
ii. Soft Laws (SIEL)
Soft Law refers commitments made by
negotiating parties that are not legally
binding. The soft law includes most
Resolutions and Declerations of UN General
Assembly; Framework treaties; Action Plans
(for example, Agenda 21); Guideliness;
Standards; Statements; Principles;
Objectives; Declarations of Principle; Codes
of Conduct; Codes of practice;
Communications; and other non – treaty
obligations.
In European Community, the term "soft law"
is also often used to describe various kinds of
quasi – legal instruments of the European
Communities, i.e., "codes of conduct",
"guidelines", "Communities", soft law
instruments are often used to indicate how
the European Commission intends to use its
power and perform its tasks within its area of
competence. The soft law can evolve into
hard law. Many general principles such as
polluter pays principle, precautionary
principles, and preventative principle has
adopted as hard law in many countries.
C. More Concept on International law
International law is the term commonly used for
referring to laws that govern the conduct
of independent nations in their relationships with
one another. It differs from other legal systems in
that itprimarily concerns provinces rather than
private citizens. In other words it is that body of
law which iscomposed for its greater part of the
principles and rules of conduct which States feel
themselves boundto observe, and therefore, do
commonly observe in their relations with each
other and which includes also :
(a)The rules of law relating to the
function of international institutions
or organizations, their relations with each
other and their relations with States and
individuals; and
(b)Certain rules of law relating to
individuals and non-state entities
so far as the rights and duties of such
individuals and non-state entities are the concern
of the international community.
However, the term "international law"
can refer to three distinct legal disciplines:
1. Public international law, which governs the
relationship between provinces and international
entities, either as an individual or as a group. It
includes the following specific legal field such Public international law (or international public
asthe treaty law, law of sea, international criminal law) concerns the relationships between the
law and the international humanitarian law. entities or legalpersons which are considered the
2. Private international law, or conflict of laws, subjects of international law, including sovereign
which addresses the questions of nations, the legal statusof the Holy
See,international organizations (including
(i) in which legal jurisdiction may a case be especiallyintergovernmental organizationssuch
heard; and asthe United Nations), and in some cases,
(ii) the law concerning which jurisdiction(s) movements of national liberation (wars of national
apply to the issues in the case. liberation) andarmed insurrectional movements
(seeinsurgency). Norms of international law have
their source in either:
3. Supranational law or the law of supranational
1. Custom, or customary international law
organizations, which concerns at present
(consistent provincial practice accompanied
regionalagreements where the special
byopinio juris),
distinguishing quality is that laws of nation states
are held inapplicablewhen conflicting with a 2.globally accepted standards of
supranational legal system. behaviour, or
D. Public international law 3. codifications contained in conventional
agreements, generally termedtreaties.
4. Article 13 of the United Nations
Charter obligates theUN General Assemblyto
initiate studies and makerecommendations which
encourage the progressive development of
international law and its codification.The UN has
also been the locus for the development of new
advisory (non-binding) standards, such
astheUniversal Declaration of Human Rights.
Other international norms and laws have been
establishedthrough international agreements,
including theGeneva Conventions (on the conduct
of war or armed condition)
3.4 Major Provisions of Multilateral
Environmental Agreements (MEAs) to
Which Nepal is a Party (Nepalese Response
to International Environmental law)
Nepal, like other countries, has also joined in
the international efforts to save the global
environment. The Nepelease response to
international environmental law also requires
improvement. It is studied under the two
heads:
A. Legislative Response
B. Judicial response.
3. 4. A .Legislative Response
Nepal is a member of the United Nations.
Nepal is also a member of other international
as well as regional organizations such as the
South Asian Association for Regional Co –
operation (SAARC), the South Asian
cooperative Environmental Programe
(SACEP) and the International Center for the
Integrated Mountain Development
(ICIMOD) etc.
Nepal also expresses full faith in the UN
Charter. These affilizations, other influences
and internal initiatives have caused Nepal to
become a party to a number of International
Environmental Instruments.
It may be noted that under the present Nepali
arrangments, ratified international treaties in
Nepal have primacy over domestic law.
Further, when any treaty to which Nepal has
become a party, but which has not been
ratified, acceded to approved or accepted by
parliament, it treates on additional obligation
or burden on the kingdom or His Majesty's
Government (in past), Government of Nepal
(at present) for the implementation of such a
treaty and initiate timely processes to enact
laws in this regard.
Under the constitution of the kingdom of
Nepal, 1990, a treaty concerning 'natural
resources and the distrubation of their uses' is
subject to ratification or approveal by a
majority of two – thirds of the members
present in both Houses of Parliament.
However, if such a treaty is deemed to be of
an ordinary nature that doesnot affect the
nation extensively, seriously or in the long –
run, it is subject to ratification or approval by
a simple majority of members present in the
House of Representatives.What is about
present constitution?(study, search and put
the reality)
Besides above – stated treaties, Nepal has
participated in and organized many other soft
law, such as Agenda 21 and rest Principles at
the Rio conference of 1992. Nepal had also
participated in the United Nations conference
on Human environment ('Stockholm
Conference') of 1972, which promoted Nepal
to initiate environment – friendly activities
and rehabilitative the degraded lands. Nepal
has also prepared the National Conservation
Stragtegy (NCS) as per the spirit of the
World Conservation Stragety, 1980. (see and
study for detail)
Now, multilateral treaties to which Neapl is a
party has been listed as follows:
Again, multilateral treaties to which Nepal is
a signatory has been listed as follows:
It was prepared by the Ministry Of Law,
Justice and Parliamentary Affairs on March
2018 and publisher was Government of
Nepal, Ministry of Law, Justice and
Parliamentary Affairs. It was revised on
March 2018 although every effort has been
made to ensure the accuracy of the content in
this publication, any typographical errors or
omission will required a further
substantiation based on the original
documents.
To make the concept clear the foreword
presented by ex- Minister for Law Justice and
Parliamentary Affairs, Sher Bahadur Tamang
(2018) has been presented here:
Foreword
I am pleased to have brought out the revised booklet “List of
Multilateral Treaties to which Nepal is a Party and a Signatory”. I
am confident that this publication would be very useful to be
informed and updated about the multilateral treaties to which Nepal
is a party and a signatory in the context of treaties being very
important source of international law. I would like to proudly
express full commitment of Nepal to “Pacta Sunt survanda”, the
fundamental principle of treaty. I appreciate the efforts of the
officers of the Ministry to bring out this revised publication.
March 2018
(Sher Bahadur Tamang)
Minister for Law Justice and Parliamentary Affairs)
Acknowledgements
 I am pleased to have the revised booklet “List of Multilateral Chapter II: Privileges and Immunities, and Diplomatic and Consular
Treaties to which Nepal is a Party and a Signatory” published by Relations, etc. 9
this Ministry of Law, Justice and Parliamentary Affairs, as the Chapter III: Human Rights 10
central depository of the treaties to which Nepal is a party. I
consider it necessary for a state to keep up-to-date information about Chapter IV: Humanitarian law 12
those treaties to which it is a party recognizing that treaties are the Chapter V: Environment 12
primary source of international law. This revised publication may
not be an exhaustive list of multilateral treaties to which Nepal is a Chapter VI: Narcotic Drugs and Psychotropic Substances 14
party as it is based on the information available at this Ministry. It Chapter VII: Trade, Transit, Investment & Intellectual property 14
would, nevertheless, serve as a catalogue of multilateral treaties to
Chapter VIII: Crime Control, Anti-Corruption& Anti-Terrorism 15
which Nepal is a party. I am hopeful that this publication would be
useful to the government agencies, policy makers, students, Chapter IX: Civil Aviation 16
academicians, researchers and other stakeholders. Finally, I thank all
Chapter X: Finance 17
the officers of the International Law and Treaties Division for their
efforts in bringing out this revised publication in this shape. Chapter XI: Labour 17

March 2018 Chapter XII: Education, Social and Cultural Matters 18

(Dilli Raj Ghimire) Chapter XIII: Health 19

Officiating Secretary Ministry of Law Justice and Parliamentary Chapter XIV: Food and Agriculture 19

Affairs Chapter XV: Maritime and Sea 20

Chapter XVI: Postal and Communication 20
Table of Contents arranged in the order are as Chapter XVII: Dispute Settlement 21
follows: Chapter XVIII: Regional Instruments (SAARC, BIMSTEC, Asia Pacific
A. MULTILATERAL TREATIES TO WHICH NEPAL IS A PARTY and AALCO) 21

Chapter I: Charter of the United Nations and Statute of the International BIMSTEC 22
Court of Justice 9
Asia Pacific 22
AALCO 23
Chapter XIX: Others 23
B. MULTILATERALTREATIES TO WHICH NEPAL IS A
Chapter II:
SIGNATORY 24

A. MULTILATERAL TREATIES TO WHICH NEPAL Privileges and Immunities, and Diplomatic and
IS A PARTY Consular Relations, etc.
Chapter I: 3. Convention on the Privileges and Immunities of the United
Nations, 1946 1
Charter of the United Nations(UN) and Statute of 28/9/1965 (A)
the International Court of Justice (ICJ)
4. Convention on the Privileges and Immunities of the Specialized
How to see? Agencies, 1947

{S.No. and Name of the Treaties} + {Date of Ratification 23/2/1954 (A)

(R) + Accession (A) + Acceptance (a) by NEPAL = party} 5. Vienna Convention on Diplomatic Relations, 19612

1.Charter of the United Nations, 1945, and 28/9/1965 (A)

(Amendments to the UN Charter of 1963, 1965 and 6. Optional Protocol to the Vienna Convention on Diplomatic
1971) - 14/12/1955 (A) - (3/12/1964, 20/7/1966, Relations, Concerning Acquisition of Nationality, 1961
and 24/10/1972, (A) respectively- 1955 party) 28/9/1965 (A)

[Charter of the United Nations, 1945 - 1955 (A) ……………….

Party] – for student 1 “Subject to the reservation with regard to section 18(c) of the
Convention, that United Nations officials of Nepalese nationality
2. Statute of the International Court of Justice, shall not be exempt from service obligations applicable to them
1945- 14/12/1955 (A) party pursuant to Nepalese law; and Subject to the reservation with regard
to section 30 of the Convention, that any difference arising out of
the interpretation or application of the Convention to which Nepal is
a party, shall be referred to the International Court of Justice only
with the specific agreement of the Government of Nepal.
” 2 “Subject to the reservation with regard to article 8, paragraph 3,
of the Convention, that the prior consent to the Government of
Nepal shall be required for the appointment to the diplomatic staff of
any mission in Nepal of any national of a third State who is not also
a national of the sending State.”
NOTE: The terms “His Majesty’s Government” and “Kingdom of
Nepal” as appeared in the text of reservation and declaration have
been substituted with the terms “Government of Nepal” and “Nepal”
respectively
…………………………………………
7. Optional Protocol to the Vienna Convention on Diplomatic
Relations, Concerning the Compulsory Settlement of Disputes, 1961
28/9/1965 (A)
8. Vienna Convention on Consular Relations, 1963
28 /9/1965 (A)
9. Optional Protocol to the Vienna Convention on Consular
Relations Concerning Acquisition of Nationality, 1963
28/9/1965 (A)
10. Optional Protocol to the Vienna Convention on Consular
Relations concerning the Compulsory Settlement of Disputes, 1963
28/9/1965 (A)
11. Annex III-ICAO-to the Convention on the Privileges and
Immunities of the Specialized Agencies, 1948; Annex-ILO 1948;
Annex VII-WHO (1948); Annex II-FAO-1948; Annex IV-
UNESCO-1949; Annex V-IMF- 1949; Annex VI-IBRD-1949;
Annex VIII-UPU-1949; Annex IX-ITU-1959
28/9/1965; 11/9/1996;
23/2/1954; 28/9/1965; 28/9/1965, 28/9/1965;
23/2/1954; 28/9/1965; 28/9/1965, 28/9/1965; 13/8/1958; 28/9/1965;
(A)
Chapter III:
Human Rights
12. Slavery Convention, 1926
7/1/1963 (A)
13. 1953 Protocol Amending the Slavery Convention, 1926
7/1/1963 (a)
14. Convention on the Prevention and Punishment of the Crime of Genocide, 1948
17/1/1969 (A)
15. Convention for the Suppression of the Traffic in Persons and of the Exploitation of the
Prostitution of Others, 1950
10/12/2002 (A)
16. Convention on the Political Rights of Women, 1953 3 26/4/1966 (A)
17. Supplementary Convention on the Abolition of Slavery, the Slave Trade, and
Institutions and Practices Similar to Slavery, 1956
7/1/1963 (A)
…………………. 14/9/1990 (R)

3 As regards to article IX of the Convention: “A dispute shall be referred for decision to the ……………………
International Court of Justice only at the request of all the parties to the dispute.
4 “The Constitution of Nepal contains provisions for the protection of individual rights,
………………………….. including the right to freedom of speech and expression, the right to form unions and
associations not motivated by party politics and the right to freedom of professing his /her
18. International Convention on the Elimination of All Forms of Racial Discrimination, own religion; and nothing in the Convention shall be deemed to require or to authorize
19664 legislation or other action by Nepal incompatible with the provisions of the Constitution of
Nepal. The Government of Nepal interprets article 4 of the said Convention as requiring a
30/1/1971 (A)
Party to the Convention to adopt further legislative measures in the fields covered by sub-
19. International Covenant on Economic, Social and Cultural Rights, 1966 paragraphs (a), (b) and (c) of that article only insofar as the Government of Nepal may
consider, with due regard to the principles embodied in the Universal Declaration of
14/5/1991 (A) Human Rights, that some legislative addition to or variation of, existing law and practice in
those fields is necessary for the attainment of the end specified in the earlier part of article
20. International Covenant on Civil and Political Rights, 1966 14/5/1991 (A)
4. The Government of Nepal interprets the requirement in article 6 concerning reparation or
21. Optional Protocol to the International Covenant on Civil and Political Rights, 1966 satisfaction as being fulfilled if one or other of these forms of redress is made available;
14/5/1991 (A) and further interprets satisfaction as including any form of redress effective to bring the
discriminatory conduct to an end. The Government of Nepal does not consider itself bound
22. International Convention on the Suppression and Punishment of the Crime of by the provision of article 22 of the Convention under which any dispute between two or
Apartheid, 1973 more States Parties with respect to the interpretation or application of the Convention is, at
the request of any of the parties to the dispute, to be referred to the International Court of
12/7/1977 (A) Justice for decision.”
23. Convention on the Elimination of All Forms of Discrimination against Women, 1979 5 (NOT SEEN IN TABLE…..)“The Constitution of Nepal contains provisions for the
protection of individual rights, including the right to freedom of speech and expression, the
22/4/1991(R)
right to form unions and associations not motivated by party politics and the right to
24. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or freedom of professing his /her own religion; and nothing in the Convention shall be deemed
Punishment, 1984 to require or to authorize legislation or other action by Nepal incompatible with the
provisions of the Constitution of Nepal. The Government of Nepal interprets article 4 of the
14/5/1991 (A) said Convention as requiring a Party to the Convention to adopt further legislative
measures in the fields covered by sub-paragraphs (a) and (b) of that article only insofar as
25. International Convention against Apartheid in Sports, 1985 the Government of Nepal may consider, with due regard to the principles embodied in the
1/3/1989 (R) Universal Declaration of Human Rights, that some legislative addition to, or variation of,
existing law and practice in those fields is necessary for the attainment of the end specified
26. Second Optional Protocol to the International Covenant on Civil and Political Rights, in the earlier part of article 4
Aiming at the Abolition of the Death Penalty, 1989
………………………
4/3/1998 (A)
28. Optional Protocol to the Convention on the Elimination of All Forms of Discrimination
27. Convention on the Rights of the Child, 1989 against Women, 1999
15/6/2007 (R) 38. Convention on the Prohibition of the Development, Production, Stockpiling and Use of
Chemical Weapons and on their Destruction, 1993
29. Optional Protocol to the Convention on the Rights of the Child on the Involvement of
Children in Armed Conflict, 2000 18/11/1997 (R)

31/10/2005(R)
Chapter V:
30. Optional Protocol to the Convention on the Rights of the Child on the Sale of Children,
Child Prostitution and Child Pornography, 2000

20/1/2006 (R) Environment

31. Convention on the Rights of Persons With Disabilities, 2006
39. Statute of the International Atomic Energy
7/5/2010 (R)
Agency, 1957- 8/7/2008 (A) party
32. Optional Protocol to the Convention on the Rights of Persons with Disabilities, 2006

7/5/2010 (R) 40. Treaty Banning Nuclear Weapon Tests in the

Chapter IV: Atmosphere, in Outer Space and Under Water,
Humanitarian law 1963- 7/10/1964 (R) party
33. Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other 41. Convention on the World Meteorological
Gases and of Bacteriological Methods of Warfare (Geneva Gas Protocol), 1925
Organization, 1873 -12/8/1996 (A) party
9/5/1969 (A)

34. Convention for the Amelioration of the Condition of the Wounded and Sick in Armed 42. Convention on Wetlands of International
Forces in the Field, 1949
Importance especially as Waterfowl Habitat
7/2/1964 (A)
(Ramsar Convention), 1971 -17/12/1987 (A) party
35. Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked
Members of Armed Forces at Sea, 1949
43. Convention on International Trade in
7/2/1964 (A)
Endangered Species of Wild Fauna and Flora,
36. Convention Relative to the Treatment of Prisoners of War, 1949
1973-18/6/1975 (A) party
7/2/1964 (A)

37. Convention Relative to the Protection of Civilian Persons in Time of War, 1949
7/2/1964 (A)
44. Vienna Convention for the Protection of the
Ozone Layer, 1985 - 6/7/1994 (A) party
45. Basel Convention on the Control of
Transboundary Movements of Hazardous Wastes
and Their Disposal, 1989 - 15/10/1996 (A) party
46. Montreal Protocol on Substances that Deplete
the Ozone Layer, 1987
London Amendment to the Montreal Protocol
on Substances that Deplete the Ozone Layer, 1990
Copenhagen Amendment to the Montreal
Protocol, 1992
Montreal Amendment to the Montreal Protocol,
1997
Beijing Amendment to the Montreal Protocol,
1999
6/7/1994 (A) - 6 /7/1994 (A) -18/5/2012 (A) -
18/5/2012 (A) -8/5/2012 (A) party
47. United Nations Framework Convention on
Climate Change, 1992 - 2 /5/1994 (R) party
48. Convention on Biological Diversity, 1992-
23/11/1993 (R) party
49. United Nations Convention to Combat
Desertification in those Countries Experiencing
Serious Drought and/or Desertification Especially
in Africa, 1994 - 15/10/1996 (R) party
50. Kyoto Protocol to the United Nations
Framework Convention on Climate Change, 1997-
16/10/2005 (A) party
51. Stockholm Convention on Persistent Organic
Pollutants, 2001 - 6 /3/ 2007 (R) party
52. Rotterdam Convention on the Prior Informed
Consent Procedure for Certain Hazardous
Chemicals and Pesticides in International Trade,
1998- 9/2/2007 (A) party
53. Instrument of Ratification (Paris Agreement)-
01/10/2016 party
Chapter VI:
 21/9/1960 (A)
Narcotic Drugs and Psychotropic 61. Convention on Transit Trade of Land-Locked States, 1965
Substances 22/8/1966 (R)

54. Single Convention on Narcotic Drugs, 1961 as Amended by the …………………..

Protocol Amending the Single Convention on Narcotic Drugs 19616 6 The Government of Nepal in accordance with article 49 paragraph 1 of the said
Convention hereby reserves the right to permit temporarily in its territory: i. The quasi-
29/6/1987 (A) medical use of opium; ii. The use of cannabis, cannabis resin, extracts and tinctures of
cannabis for non-medical purposes; and iii. The production and manufacture of and trade in
55. United Nations Convention Against Illicit Traffic in Narcotic Drugs the drugs referred to under (i) and (ii) above.
and Psychotropic Substances, 1988
…………………………………
24/7/1991 (A)
62. Convention Establishing the World Intellectual Property Organization (WIPO), 1967
56. Convention on Psychotropic Substances, 1971 4/11/1996 (A)
9/2/2007 (A) 63. Constitution of the United Nations Industrial Development Organization (UNIDO),
1979
Chapter VII:
16/8/1983 (R)
Trade, Transit, Investment and Intellectual property 64. Paris Convention for the Protection of Industrial Property, 1883
57. Convention and Statute on Freedom of Transit, 1921
22/3/2001 (A)
12/8/1966 (A)
65. Berne Convention for the Protection of Literary and Artistic Works, 1971 (1885)
58. Convention Establishing Customs Cooperation Council, 1950
11/10/2005 (A)
22/7/1985 (A)
66. International Convention on the Harmonized Commodity Description and Coding
59. Convention Concerning Customs Facilities for Touring, 1954 System, 1988

Additional Protocol to the Convention concerning Customs Facilities for Touring, relating 28/7/2006 (R)
to the Importation of Tourist Publicity Documents and Material, 1954
67. Protocol on Accession to the World Trade Organization, 2004 (WTO Related
21 /9/1960 (A) International Instruments)*

21 /9/1960 (A) 23/4/ 2004 (A)

60. Customs Convention on the Temporary Importation of Private Road Vehicles, 1954 Chapter VIII:

Crime Control, Anti-Corruption and Anti-
Terrorism
68. Convention on the Prevention and Punishment of Crimes Against Internationally
Protected Persons, Including Diplomatic Agents, 1973
9/3/1990 (A)
69. International Convention against the Taking of Hostages, 1979
9/3/1990 (A )
……………….
* The integral part of the Protocol includes the following agreements: 1. Agreement
Establishing the World Trade Organization 2. Multilateral Agreements on Trade in Goods:
• General Agreement on Tariffs and Trade 1994 (GATT 1994) • Agreement on Agriculture
• Agreement on the Application of Sanitary and Phytosanitary Measures • Agreement on
Textiles and Clothing • Agreement on Technical Barriers to Trade • Agreement on Trade-
Related Investment Measures • Agreement on Implementation of Article VI of the GATT
1994 • Agreement on Implementation on Article VII of the GATT 1994 • Agreement on
Preshipment Inspection • Agreement on Rules of Origin • Agreement on Import Licensing
procedures • Agreement on Subsidies and Countervailing Measures • Agreement on
Safeguards 3. General Agreement on Trade in Services 4. Agreement on Trade-Related
Aspects of Intellectual Property Rights 5. Understanding on Rules and Procedures
Governing the Settlement of Disputes
……………………..
70. Convention on the Safety of United Nations and Associated Personnel, 1994 7
8/9/2000 (A)
71. International Convention for the Suppression of the Financing of Terrorism, 19998
23/12/2011 (A)
72. United Nations Convention against Transnational Organized Crimes, 20009
23/12/2011 (R)
73. United Nations Convention against Corruption, 200310
29/3/2011 (R)
Chapter IX:
Civil Aviation
74. Warsaw Convention for the Unification of Certain Rules Relating to International
Carriage by Air 1929
12/2/1966 (A)
75. Convention on International Civil Aviation Organization (ICAO), 1944
26/3/1947 (A)
76. International Air Services Transit Agreement, 1944
23/11/1965 (A)
……………………
7 Declaration: “The Government of Nepal avails itself of the provisions of article 22,
paragraph 22, and declares that it does not consider itself bound by the provisions of
paragraph 1 of the said article under which any dispute between two or more States parties
concerning the interpretation or application of this Convention shall at the request of one of
them, be submitted to arbitration or referred to the International Court of Justice, and states
that in each individual case, prior consent of all parties to such a dispute is necessary for the
submission of the dispute to arbitration or the International Court of Justice.”
8 Declaration: Declaration made by the Government of Nepal in regard to Article 2
paragraph 2(a) to the International Convention for the Suppression of the Financing of
Terrorism: “ the Government of Nepal declares that as Nepal is not a party to the following
conventions referred to in Annex to the International Convention for the Suppression of the
Financing of Terrorism, it does not consider itself bound by the provisions of such
conventions until Nepal become a Party to:
1. Convention on the Physical Protection of Nuclear Material, adopted at Vienna on 3
March 1980.
2. Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving
International Civil Aviation, done at Montreal on 24 February 1988
3. Convention for the Suppression of Unlawful Acts against Safety of Maritime Navigation, 11/1/1979 (A)
done at Rome on 10 March 1988
Chapter X:
4. Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms
located on the Continental Shelf, done at Rome on 10 March 1988 Finance
5. International Convention for the Suppression of Terrorist Bombing, adopted by the
81. Articles of Agreement of the International Monetary Fund, 1944
General Assembly of the United Nations on 15 December 1997
6/9/1961 (A)
Reservation:
82. Articles of Agreement of the International Bank for Reconstruction and Development,
“Nepal hereby declares that it does not consider itself bound by the provision of paragraph
1944
(1) of Article 24 of the International Convention for the Suppression of Financing of
Terrorism.” 6/9/1961 (A)
9 Reservation: “In accordance with Article 35, paragraph (3), the Government of Nepal 83. Articles of Agreement of the International Finance Corporation, 1956
declares that it does not consider itself bound by the obligation set forth in Article 35
paragraph (2).” 7/1/1966 (A)

10 Reservation: “The Government of Nepal does not consider itself bound by the provision 84. Agreement Establishing the Common Fund for Commodities, 1980
of Article 66 of the United Nations Convention against Corruption under which any dispute
between two or more States Parties concerning the interpretation or application of the 3/4/1984 (R)
Convention, at the request of one of those States to the dispute shall be submitted to 85. Articles of Agreement of the International Development Association, 1960
arbitration, or any of those States Parties may refer the dispute in question to the
International Court of Justice.” 6/3/1963 (A)

………………….. 86. Convention Establishing the Multilateral Investment Guarantee Agency (MIGA) of
International Bank for Reconstruction and Development, 1985
77. Protocol to Amend the Warsaw Convention of 1929 (1955)
12/9/1993 (R)
12/2/1966 (A)

78. Convention on Offences and Certain Other Acts Committed on Board Aircraft (Tokyo Chapter XI:
Convention), 1963
Labour
15/1/1979 (A)
87. International Labour Organization (ILO), 1919
79. Convention for the Suppression of Unlawful Seizure of Aircraft (Hague Convention),
1970 1966 (a)

11/1/1979 (A) 88. Convention Concerning the Application of the Weekly Rest in Industrial Undertakings,
1921 (ILO Convention No.14)
80. Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation
(Montreal Convention), 1971 10/12/1986 (R)
89. Convention Concerning Forced or Compulsory Labour, 1930 (ILO Convention No. 29) 98. Convention Concerning the Prohibition and Immediate Action for the Elimination of
the Worst Forms of Child Labor, 1999 (ILO Convention No. 182)
03/1/2002 (R)
3/1/2002 (R)
90. Convention Concerning the Application of the Principles of the Right to Organize and
to Bargain Collectively, 1949 (ILO Convention No. 98) Chapter XII:

11/11/ 1996(R)
Education, Social and Cultural Matters
91. Convention Concerning Equal Remuneration for Men and Women Workers for Work
of Equal Value, 1951 (ILO Convention 100) 99. Constitution of the United Nations Educational, Scientific and Cultural Organization,
1945
10/6/1976 ( R )
1/5/1953 (A)
92. Convention Concerning the Abolition of Forced Labour, 1957 (ILO Convention No.
105) 100. Statute of the World Tourism Organization, 1970

30/8/2007 (R) 14/3/1975 (a)

93. Convention Concerning Discrimination in Respect of Employment and Occupation, 101. Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and
1958 (ILO Convention No. 111) Transfer of Ownership of Cultural property, 1970

19/9/1974 (R ) 23/6/1976 (R)

94. Convention Concerning Minimum Wage Fixing, with Special Reference to Developing 102. Convention Concerning the Protection of the World Cultural and Natural Heritage,
Countries, 1970 (ILO Convention No. 131) 1972

19/8/ 1974 (R) 20/6/1978 (A)

95. Convention Concerning Minimum Age for Admission to Employment, 1973 (ILO 103. Regional Convention on the Recognition of Studies, Diplomas and Degrees in Higher
Convention No. 138) Education in Asia and the Pacific, 1983

30/5/1997 (R) 2/11/1989 (R)

96. Convention Concerning Tripartite Consultations to Promote the Implementation of 104. Convention for the Safeguarding of the Intangible Cultural Heritage, 2003
International Labour Standards, 1976 (ILO Convention No. 144)
15/6/2010 (R)
21/3/1995 (R)
105. International Convention against Doping in Sport, 2005
97. Convention Concerning Indigenous and Tribal Peoples in Independent Countries, 1989
15/6/2010 (R)
(ILO Convention No. 169)
Chapter XIII:
14/8/2007 (R)

Health
106. Constitution of the World Health Organization (WHO), 1946 Amendments – 1959, 4/1/1990 (R)
1967,1973, 1976 and 1986
116. International Treaty on Plant Genetic Resources for Food and Agriculture, 2001
2/9/1953 (A) 12/4/1960, 20/5/1975, 10/2/1976, 23/4/1980, 30/8/1990, (A) respectively
19/10/2009 (A)
107. WHO Framework Convention on Tobacco Control, 2003
117. International Plant Protection Convention, 1951
7/11/2006 (R)
8/5/2006 (Adherence)
108. International Health Regulations (IHR), 2005
118. Constitution of the International Rice Commission, 1948
15/6/2007
11/7/1967 (a)
Chapter XIV:
119. Agreement for the Establishment of the AsiaPacific Fishery Commission, 1948
Food and Agriculture 23/3/1978 (a)

109. Constitution of the Food and Agriculture Organization (FAO), 1951 120. International Coffee Agreement, 2007

27/11/1951 (A) 17/3/2017(A)

110. Plant Protection Agreement for the Asia and Pacific Region (1955) Chapter XV:

12/8/1965 (Adherence)
Maritime and Sea
111. Plant Protection Agreement for the South-East Asia and Pacific Region, 1956
121. Convention on the International Maritime Organization (IMO), 1948
12/8/1965 (A)
Amendments – 1977, 1979, and 1993
112. Agreement for the Establishment of a Regional Animal Production and Health
Commission for Asia and the Pacific, 1973 31/1/ 1979 (a)

29/12/1975 (a) 3 1 / 1 / 1 9 7 9 , 1/11/1982 and 22/9/1998, (a) respectively.

113. Agreement Establishing the International Fund for Agriculture Development (IFAD), 122. United Nations Convention on the Law of the Sea, 1982
1976
2/11/1998 (R)
5/5/1978 (A)
123. Convention on the High Sea, 1958
114. Agreement for the Establishment of a Center on Integrated Rural Development for
28/12/1962 (R)
Asia and the Pacific, 1978
124. Agreement relating to the Implementation of Part XI of the United Nations
25/6/1979 (R)
Convention on the Law of the Sea, 1982 / 1994
115. Agreement on the Network of Aquaculture Centers in Asia and the Pacific, 1988
2/11/1998 (R)

125. Treaty on the Prohibition of the Emplacement of Nuclear Weapons and other
Weapons of Mass Destruction on the Sea-Bed and the Ocean Floor with the Subsoil
Thereof, 1971

6/7/1971 (R)

Chapter XVI:

Postal and Communication Chapter XVIII:

126. Treaty of Berne (establishing the Universal Postal Union), 1874
Regional Instruments (SAARC, BIMSTEC,
11/10/1956 (A)

127. Constitution of the Universal Postal Union (UPU), 1964

Asia Pacific and AALCO)
28 /9/1965 (Approval) 133. Charter of the South Asian Association
128. Universal Postal Convention, 1964 28 /9/1965 (Approval)
for Regional Cooperation, 1985- 8/12/1985
129. Constitution and Convention of the International Telecommunication Union, 1992
(signed) party
1/10/1997 (R)

Chapter XVII: 134. SAARC Regional Convention on

Dispute Settlement Suppression of Terrorism, 1987-19/5/1988
130. Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 195811 (R) party
4/3/1998 (A)

131. Convention on the Settlement of Investment Disputes between States and Nationals of
135. Agreement on Establishing the SAARC
Other States, 1965 Food Security Reserve, 1987 - 12/8/1987 (R)
28/9/1965 (S)
party
132. Optional Protocol of Signature concerning the Compulsory Settlement of Disputes,
1958

29/4/1958 (signed)
136. SAARC Convention on Narcotic Drugs
and Psychotropic Substances, 1990- 5/4/1991
(R) party
137. SAARC Convention on Preventing and
Combating Trafficking in Women and
Children for Prostitution, 2002 -15/11/2005
(R) party
138. SAARC Convention on Regional
Arrangements for the Promotion of Child
Welfare in South Asia, 2002 -15/11/2005 (R)
party
139. Agreement on South Asian Free Trade
Area (SAFTA), 2004- 6/1/2004 (R) party
140. Additional Protocol to the SAARC
Regional Convention on Suppression of
Terrorism, 2004- 12 /1/2006 (R) party
141. SAARC Agreement on Mutual
Administrative Assistance in Customs
Matter, 2005- 19/10/2006 (R) party
…………………
11 Declaration “Nepal will apply the
Convention, on the basis of reciprocity, to the
recognition and enforcement of awards made
only in the territory of another contracting
state. The Government of Nepal further
declares that Nepal will apply the Convention
only to the differences arising out of legal
relationship, whether contractual or not,
which are considered as commercial under
the law of Nepal.”
…………….
142. SAARC Limited Multilateral
Agreement on Avoidance of Double Taxation
and Mutual Administrative Assistance in Tax
Matters, 2005- 19/10/2006 (R) party
143. Agreement for the Establishment of
SAARC Arbitration Council, 2005-
20/3/2007 (R) party
144. Agreement on the Establishment of
South Asian Regional Standards
Organization (SARSO), 2008- 24/7/2009 (R)
party
145. SAARC Agreement on Trade in Service
(SATIS), 2010- 16/2/2012 (R) party
146. SAARC Convention on Cooperation on
Environment, 2010- 25/4/2012 (R) party
147. Amendment to the SAARC Limited
Multilateral Agreement on Avoidance of
Double Taxation and Mutual Administrative
Assistance in Tax Matters - 4/4/2010 (R)
party
148. Protocol of Accession of Afghanistan to
Agreement on SAFTA, 2008 - 24/7/2009 (R)
party
149. SAARC Framework Agreement for
Energy Cooperation (Electricity)- 27/11/2014
(A) party
BIMSTEC
150. Framework Agreement on the
BIMSTEC Free Trade Area, 2004- 8/2/2004
(A) party
151. Protocol to the Framework Agreement
on the BIMSTEC Free Trade Area, 2004-
25/06/2004 (signed) party
Asia Pacific
152. Agreement Establishing the Asian
Development Bank, 1965- 21/6/1966 (R)
party
153. Convention of the Asia-Pacific
Telecommunity, 1976- 12 /5/1977 (R) party
154. Agreement Establishing the Asia-Pacific
Institute for Broadcasting Development,
1977- 11 /9/1980 (R )
155. Charter of the Asian and Pacific
Development Centre, 1982 - 25/4/1983
(signed) party
156. Intergovernmental Agreement on Asian
Highway Network, 2003 - 14/6/2010(R)
party
157. Intergovernmental Agreement on the
TransAsian Railway Network, 2006 -
6/3/2012 (R) party
158. Charter of the Asian Institute of
Technology (AIT)- 19/1/2012 (R) party
AALCO
159. Statute of Asian African Legal
Consultative Organization, 1956 -9/7/1971
(a)
Chapter XIX:
Others
160. International Center for Integrated
Mountaineering Development (ICIMOD),
1983 - 1983 (signed) party
161. Treaty on the Non-proliferation of
Nuclear Weapons, 1968 - 9/1/1970 (R) party
162. Treaty on Principles Governing the
Activities of States in the Exploration and
Use of Outer Space, including the Moon and
Other Celestial Bodies 1967- 10/10/1967 (R)
party
163. Regional Cooperative Agreement for
Research, Development and Training Related
to Nuclear Science and Technology, 1987 -
28/03/2012 (a) party
164. Statute of the Inter-Parliamentary
Union, 1976 - 1976 (affiliation) party
165. Constitution of the International
Criminal Police Commission (INTERPOL),
1923-27/9/1967
B. MULTILATERAL TREATIES TO WHICH
NEPAL IS A SIGNATORY –
{S.No. Name of Treaties, Date of
Signature}
1. Convention on the Territorial Sea and the
Contiguous Zone, 1958
29/4/1958 (s)
2. Convention on the Fishing and
Conservation of The Living Resources of The
High Seas, 1958 - 29/4/1958 (s) party
3. Convention on The Continental Shelf,
1958
- 29/4/1958 (s) party
4. Vienna Convention on the Law of Treaties,
1969 - 23/5/1969 (s) party
5. Convention on the Prohibition of the
Development, Production and Stockpiling of
Bacteriological (Biological) and Toxin
Weapons and on their Destruction, 1972
-10/4/1972 (s) party
6. Comprehensive Nuclear-Test-Ban Treaty,
1996 - 8/10/1996(s) party
7. International Convention for the
Suppression of Terrorist Bombing, 1997
- 24/9/1999(s) party
8. Tampere Convention on the Provision of
Telecommunication Resources for Disaster
Mitigation and Relief Operations, 1998
- 23/4/1999 (s) party
9. Cartagena Protocol on Biosafety to the
Convention on Biological Diversity, 2000
- 2 /3/2001 (s) party
10. Protocol Additional to the Geneva
Conventions of 12 August 1949, and relating
to the Adoption of an Additional Distinctive
Emblem (Protocol III), 2005
- 14/3/2006(s) party
11. Agreement on Establishing of the
SAARC Food Bank, 2007
- 3/4/2007(s)
12. SAARC Agreement on Mutual
Assistance in Criminal Matters, 2005-
3/8/2008(s) party
13. Charter of the SAARC Development
Fund, 2008 - 3/7/2008 (s) party
14. Convention on Protection of Children and
Cooperation in Respect of Intercountry
Adoption, 1993 - 28/4/2009 (s) party
15. BIMSTEC Convention on Cooperation in
Combating International Terrorism,
Transnational Organized Crime and Illicit
Drug Trafficking - 11/12/2009 (s) party
16. Convention on the Suppression of
Unlawful Acts Relating to International Civil
Aviation, 2010 - 10/9/2010 (s) party
17. Protocol Supplementary to the
Convention for Suppression of Unlawful
Seizure of Aircraft, 2010 - 10/9/2010 (s)
party
18. Agreement on Establishing the SAARC
Seed Bank, 2011 - 11/11/2011 (s)
19. SAARC Agreement on Implementation
of Regional Standards, 2011 - 11/11/2011 (s)
20. SAARC Agreement on Multilateral
Arrangement on Recognition of Conformity
Assessment, 2011 - 11/11/2011 (s)
21. SAARC Agreement on Rapid Response
to Natural Disasters, 2011 - 11/11/2011 (s)
22. Establishment of BIMSTEC Energy
Centre, 2005 - 22/1/2011 (s)
23. Minamata Convention on Mercury, 2013
-10/10/2013 (s)
24. Intergovernmental Agreement on Dry
Ports, 2013 - 7/11/2013 (s)
25. Memorandum of Understanding on the
Establishment of the BIMSTEC Cultural
Industries Commission (BCIC) and BIMSTEC
Cultural Industries Observatory (BCIO).
- 4/3/2014 (s)
26. Memorandum of Association (MOA) on
the Establishment of the BIMSTEC Permanent
Secretariat. 4/3/2014(s)
27. Memorandum of Association among the
BIMSTEC Member Countries Concerning
Establishment of a Center for Weather and
Climate - 4/3/2014(s)
B. Judicial Response:
The courts in Nepal have given effect to
many international environmental treaties
with a view to strengthen unity, co-operation
and global partnership in the protection of
environment.
However, in an early case, the Nepalese
supreme court considered international
instruments and declarations concerning
environments as merly an attempt and not
effectual acts, so declined to pass any order
taking into consideration the international
instruments.The apexcourt rectified its
approach in later decisions.
Some special cases:
i. In Prakash Mani Sharma vs. His Majesty;s
government and others, the court realized the
obligations of government to give effect to its
commitment under international instruments.
The court took into account the Convention
for the Protection of the world Cultural and
Natural Heritage, 1972 of which Nepal is a
party.
The court stated that Nepal should formulate
national policies for the protection of subjects
of religious, cultural, natural and historical
importance. Further the court expressed the
view that implementation of the convention
should also be monitored and attempt should
be made to maintain uniformity in all sectors.
To date in Nepal, the consititiution of the
kingdom of Nepal and the prevailing law do
not include provisions that allow an
individual invoke treaty provisions before the
court.
ii. In Tanakapur Barrage Case, the Supreme
Court indirectly defined a treaty and
determined its nature. It may be a doubtful
legality that an individual can claim before
the court that a treaty is not being performed,
or being performed wrongly.
iii. Godabari…..bhojaraj ayer case OF YOUR
OWN.
…….add the cases of pro public… …etc
Assignment: (Most attractive question)
Assignment:
1. Explain how the "Mutilateral treaties to which
Nepal is a party" has played the significant role in
developing environmental laws in the Nepal in
your own words.
2. Explain the Mutilateral treaties to which Nepal is
a signatory in your own words.
3.5 Major Regional (SAARC) and Global
Environmental Agencies for the Protection of
Environment
It would be better to give the basic concept of
local organization and the actions done by
such organization before explaining the
regional and global organization in view of
protecting environment.
A. Local Organization
1. NATIONAL TRUST FOR NATURE CONSERVATION
(NTNC)
This is a domestic organization established
for the conservation and management of the
nature and natural resources in Nepal. It was
established in 2039 BS. It carried out
conservation and environmental activities in
Annapurna region and Manaslu Conservation
Area. It conducted various conservation
activities in and around different national
parks and wildlife conservation.
Some local efforts that can be adopted on
environmental conservation are as follows:
i. Public Awareness
ii. Public Participation
iii. Integrated Conservation Plan
iv. Afforestation
v. Conservation of forest resources
vi. Environmental sanitation
vii. Conservation and restoration of cultural
heritages
viii. Management of garbage and sewage
ix. Controlling over grazing
x. Controlling exploitation of sand and rocks.
V. NATIONAL TRUST FOR NATURE
CONSERVATION (NTNC)
This is a domestic organization established for the
conservation and management of the nature and
natural resources in Nepal. It was established in
2039 BS. It carried out conservation and
environmental activities in Annapurna region and
Manaslu Conservation Area. It conducted various
conservation activities in and around different
national parks and wildlife conservation.
B.Regional Organization
1. SAARC:
South Asian Association for Regional
Coorporation
We dicuss on two headings:
A. BREIEF HISTORY SECTION (introductory for BALLB).
B SAARC CONTRIBUTION ON THE PROTECTION OF
ENVIRONMENT (important for BALLB).
A. BREIEF HISTORY SECTION:
i. Establishment:
SAARC was established in 8th December 1985
A.D. from the first summit held on Dhaka,
Bangladesh. It was signed by late king Birendra in
the SAARC charter. Nepal is a founder member of
the SAARC. It has been playing very important
role to promote the SAARC since its
establishement. The vision of Nepal is similar to
that of SAARC on Peace, Prosperity and Stability
(PPS) in the region. Nepal has been performing its
role on foreign affairs.
ii. Secretariat:
SAARC secretariat is in Kathmandu Nepal. It is
the permanent address of office. The name of the
SAARC General Secretaries till now are as
follows: First- Abul Ahasan, Second- Kanta Kishor
Bhargav, Third- Ibrahim Hussen Jaki, Fourth –
Yadav Kanta Silwal, Fifth- Nayam Uddin Hassan,
Sixth- Nihal Ridrigo, Seventh- Kwazi Muhammad
Altaf Rahim, Eighth- Chenkyab Dorje, Ninth-
Shilkanta Sharma, Tenth- Fatimath Dhiyana Saied,
Eleventh ( from 2068 Falgun 29 to till now).
iii. Membership (Memeber countries):
Eight states – In the beginning, there were seven
(7) countries.
1. Bangladesh, 2. Bhutan, 3. India, 4. Maldives, 5.
Nepal, 6. Pakistan, and 7. Sri Lanka. Now, there
are 8 countries: Afghanistan, Bangladesh, Bhutan,
India, Maldives, Nepal, Pakistan, and Sri Lanka
when 13 th annual summit added the membership
of Afghanistan in 2005.
Six observers- 1. China, 2. Japan, 3. European
Union, 4. Republic of Korea, 5. United States, 6.
Iran
The idea of regional cooperation in South Asia was
first raised in November 1980. After consultations,
the foreign secretaries of the seven founding
countries—Bangladesh, Bhutan, India, Maldives,
Nepal, Pakistan, and Sri Lanka—met for the first
time in Colombo in April 1981. This was followed
a few months later by a meeting of the Committee
of the Whole, which identified five broad areas for
regional cooperation. The foreign ministers, at their
first meeting in New Delhi in August 1983,
adopted the Declaration on South Asian
Association for Regional Cooperation (SAARC)
and formally launched the Integrated Program of
Action (IPA) in the five agreed areas of
cooperation: 1. agriculture; 2. rural development; 3.
telecommunications; 4. meteorology; and 5. health
and population activities. Later, transport; postal
services; scientific and technological cooperation;
and sports, arts, and culture were added to the IPA.
Afghanistan became the newest member of
SAARC at the 13th annual summit in 2005. China
and Japan were granted observer status at the same.
iv. Purposes:
Nepal wished let there be regional co-
operation to utilize abundant water resources.
Late king Birendra Bira Bikram Sahadev
tabled that proposal in the meeting of
advisory donor committee of Colombo Plan
in 1977 A.D. In connection with this, the late
president of Bangladesh, Jiyaul Rahman had
forwarded the concept of SAARC in 1980
A.D. As a result of the opinions, the SAARC
was established. So, Nepal has taken concern
since its establishement.
SAARC charter is systematized with in 10
articles.The SAARC seeks to promote the
welfare of the peoples of South Asia,
strengthen collective self-reliance, promote
real, concrete active collaboration and mutual
assistance in various fields, and cooperate
with international and regional organizations.
The main objectives of SAARC are to
promote welfare of people of South Asia,
accelerate economic growth and increase
collaboration and mutual assistance in
economic, social, culture, technology and
scientific fields.
V. Principal Organs/ Sructures of SAARC
i. Meetings of Heads of State or
Government Meetings
Meetings are held at the Summit level,
usually on an annual basis. To date, 18
Summits have convened:
1.Bangladesh, Dhaka (December, 1985),
2. India, Bangalore (November, 1986),
3. Nepal, Kathmandu (November, 1987),
4. Pakistan, Islamabad (December, 1988),
5. Maldives, Malé (November, 1990),
6. Sri Lnka, Colombo (December, 1991),
7. Bangladesh, Dhaka (April, 1993),
8. India, New Delhi (May, 1995),
9. Maldives, Malé (May, 1997),
10. Sri lanka, Colombo (July, 1998),
11. Nepal, Kathmandu (January, 2002),
12. Pakistan, Islamabad (January, 2004),
13. Bangladesh, Dhaka (November, 2005),
and
14. India, New Delhi (April, 2007).
15. Sri lanka, Colombo (August, 2008),
16. Bhuta, Thimpu (April, 2010)
17. Maldives, Addu city (November, 2011),
18. Nepal, Kathmandu (November, 2014),
The last meeting was held on 20-27 (Mangsir
10 and 11) November 2014 in Kathmandu,
Nepal. This summit has 36 points declaration
with the slogan" Deeper Integration for Peace
and Prosperity". The priminister late Sushil
Koirala led the Summit on behalf of Nepal.
The major declarations made by the
eighteenth SAARC Summit are as follows:
i. Regional Co-operation
ii. South Asia Economic Union (SAEU)
iii. SAARC Development Fund
iv. Energy Support
v. Poverty Allievation
vi. Agricultur and Food Security
vii. Women and Children
viii. Social Protection
19. Pakistsan, Islamambad (November, 2016-
Postponed).
The Heads of State or Government during the
Ninth SAARC Summit agreed that a process
of informal political consultations would
prove useful in promoting peace, stability,
amity, and accelerated socio-economic
cooperation in the region.
ii. Council of Ministers
The Council, comprising the Foreign
Ministers of Member States, generally meets
twice a year. The Council may also meet in
extraordinary circumstances by agreement of
Member States.
iii. Standing Committee of Foreign
Secretaries
The Committee provides overall monitoring
and coordination, determines priorities,
mobilizes resources, and approves projects
and financing. It may meet as often as
deemed necessary but in practice normally
meets twice a year and submits its reports to
the Council of Ministers. The Standing
Committee may also set up Action
Committees comprising Member States
concerned with implementation of projects
per Article VII of the Charter. The Standing
Committee is assisted by a Programming
Committee, an ad hoc body, comprising
senior officials, to scrutinize the Secretariat
Budget, finalize the Calendar of Activities,
and take up any other matter assigned to it by
the Standing Committee. The Programming
Committee also has been entrusted to
consider the reports of the Technical
Committees and the SAARC Regional
Centers and submit its comments to the
Standing Committee.
iv. Technical Committee
There has been prepared a Technical
Committiee among SAARC members to give
technical support for infrastructure
development.
v.SAARC Secretariat (Permanent office)
The SAARC Secretariat was established in
Kathmandu on 16 January 1987. Its role is to
coordinate and monitor the implementation
of SAARC activities, service the meetings of
the association and serve as the channel of
communication between SAARC and other
international organizations.
The Secretariat comprises the secretary-
general, seven directors, and the general
services staff. The secretary-general is
appointed by the Council of Ministers on the
principle of rotation, for a non-renewable
tenure of three years.
vi. Development of SAARC
Step – first: In 1985, the Heads of State or
Government at their First SAARC Summit held in
Dhaka, Bangladesh, on 7-8 December adopted the
Charter formally establishing the South Asian
Association for Regional Cooperation (SAARC).
In the declaration of the First SAARC Summit, the
Member States expressed concern at the
deteriorating international political situation and
the unprecedented escalation of the arms race,
particularly in its nuclear aspect. They recognized
that mankind was confronted with the threat of
self-extinction arising from a massive
accumulation of the most destructive weapons ever
produced and that the arms race intensified
international tension and violated the principles of
the UN Charter. The Member States called upon
the NWS to undertake negotiations on a CTBT
leading to the complete cessation of testing,
production, and deployment of nuclear weapons. In
this connection, they welcomed the recent meeting
between President Reagan and General Secretary
Gorbachev in Geneva and expressed the hope that
the meeting would have a positive effect on
international peace and security.
Step – second: In 1986, in the declaration of the
Second SAARC Summit in November, in
Bangalore, India, the Member States noted with
deep disappointment that the promise held out by
the US-Soviet Summit in Reykjavik could not be
realized. They, however, noted with satisfaction
that the proposals made at the Summit were still on
the table and expressed the earnest hope that the
negotiations would be resumed without delay so
that a decisive step could be taken towards
realizing the ultimate goal of eliminating nuclear
weapons altogether. The Member States called for
the early conclusion of a CTBT.
Step – third: In 1987, at the Third SAARC
Summit in Kathmandu, Nepal, there was
disagreement over a proposal by Pakistan for a
South Asian treaty banning nuclear weapons; the
final declaration simply noted SAARC's resolve to
"contribute" to nuclear disarmament. The States
also called for the early conclusion in the Geneva
CD of a CTBT and a Convention to Ban Chemical
Weapons, declared their intention to continue their
efforts to contribute to the implementation of the
objective of halting the nuclear arms race and
eliminating nuclear weapons, and declared their
resolve to support every effort to conclude a treaty
prohibiting vertical and horizontal proliferation of
nuclear weapons.
Step – fourth: In 1988, in the declaration of the
Fourth SAARC Summit in December, in
Islamabad, Pakistan, the Member States called for
the early conclusion by the CD of a CTBT and a
Convention to Ban Chemical Weapons. They
declared their intention to continue their efforts to
contribute to the realization of the objective of
halting the nuclear arms race and eliminating
nuclear weapons, as well as declared their resolve
to support every effort to conclude a treaty
prohibiting vertical and horizontal proliferation of
nuclear weapons.
Step – fifth: In 1990, in the declaration of the
Fifth SAARC Summit in November, in Malé,
Maldives, the Member States expressed the hope
that the talks between the United States and USSR
on arms control would culminate in the conclusion
of an agreement for substantial reduction in their
nuclear arsenals leading to the total elimination of
nuclear weapons. While welcoming the measures
being considered for arms reduction at the global
level, they were convinced that the objective could
be best achieved through the promotion of mutual
trust and confidence among the Member States.
They underlined the inherent relationship between
disarmament and development and called upon all
countries, especially those possessing the largest
nuclear and conventional arsenals, to re-channel
additional financial resources, human energy, and
creativity into development. Member States
expressed their support for the banning of chemical
weapons and early conclusion of a CTBT. In this
context, they welcomed the convening of the UN
Conference in January 1991 to consider
amendments to the Partial Test Ban Treaty to
convert it into a CTBT.
Step – sixth: In 1991, in the declaration of the
Sixth SAARC Summit in December, in Colombo,
Sri Lanka, the Member States assessed current
international developments in the political sphere
particularly those that affected the lives of the
people of South Asia. They noted the changing
power structures in international relations and the
reduction of confrontations and tensions,
particularly among the United States and USSR.
These have contributed to the receding of the threat
of nuclear confrontation and to agreements on
disarmament measures. The Member States hoped
that these developments would restrain the pursuit
of military power in all areas of the world and
expressed hope that the peace dividend would be
used for promoting the further development of
developing countries. They welcomed the trend
towards popularly based democratic governments
in different parts of the world, including in South
Asia.
Step – seventh. In 1993, in the declaration of the
Seventh SAARC Summit in April, in Dhaka,
Bangladesh, the Member States noted a number of
recent positive developments in the area of nuclear,
chemical, and conventional disarmament, including
the agreements on bilateral arms reductions
between the United States and Russia. They
expressed their hope that the implementation of the
far-reaching arms reduction agreed to in the
Washington Agreement of June 1992 and START
II signed in Moscow in January 1993 would be
successfully carried out. The Member States urged
all NWS to collectively endeavor to attain the
ultimate goal of complete elimination of nuclear
arsenals in the shortest possible time.
Step – eight: In 1995, in the declaration of the
Eighth SAARC Summit in May 1995, in New
Delhi, India, the Member States noted that while
the international community had successfully
created a norm against chemical and biological
weapons, it had, unfortunately, been unable to do
the same with regard to nuclear weapons. They
expressed the conviction that more needed to be
done and at a far greater pace. They reiterated that
the utmost priority was to be given to nuclear
disarmament, given the danger posed by nuclear
weapons. The Member States urged the CD to
negotiate an international convention prohibiting
the use or threat of use of nuclear weapons under
any circumstances and to undertake negotiations
for the complete elimination of all nuclear weapons
within a specified period of time.
Step – nine: In 1997, in the declaration of the
Ninth SAARC Summit in May, in Malé, Maldives,
the Member States recognized the need for the
international community to pursue nuclear
disarmament as a matter of highest priority. In this
regard, they recognized the need to start
negotiations through the CD and to establish a
phased program for the complete elimination of
nuclear weapons within a specified framework of
time, including a Nuclear Weapons Convention.
Step – ten: In 1998, in the declaration of the 10th
SAARC Summit in July, in Colombo, Sri Lanka,
the Member States were of the view that stability,
peace, and security in South Asia could not be
considered in isolation from global security
environment. They noted that the great power
rivalry, which the Non-Aligned Movement (NAM)
had consistently opposed, no longer posed a
serious threat and the danger of a global nuclear
conflagration had abated. However, some States
still sought to maintain huge arsenals of nuclear
weapons and the NPT and the Comprehensive
Nuclear Test Ban Treaty (CTBT), to which some
SAARC Members were signatories, had not led to
any progress towards nuclear disarmament nor
prevented proliferation. The Member States
underscored their commitment to the complete
elimination of nuclear weapons and the need for
promoting nuclear disarmament on a universal
basis, under effective international control. They
recognized that global nonproliferation goals could
not be achieved in the absence of progress towards
nuclear disarmament and in this context called
upon all NWS, whether party or non-party to the
NPT, to engage constructively through a
transparent and credible process of negotiations at
the CD. The Member States urged the CD to
commence negotiations on a comprehensive,
universal, and non-discriminatory international
instrument prohibiting the use or the threat of
nuclear weapons as well as eliminating such
weapons in existing arsenals.
Step – eleven: In 2002, the 22nd session of the
Council of Ministers was held from 2-3 January in
Kathmandu, Nepal. Among other topics, the
ministers discussed implementation of the SAARC
Regional Convention on Terrorism, stressing its
significance in light of recent developments. They
additionally issued recommendations on a range of
other topics to the 11th Summit.
The 11th SAARC Summit was convened in
Kathmandu on 4-6 January. In the Summit
declaration, the Heads of State or Government
were of the view that stability, peace, and security
in South Asia should be promoted together with
efforts to improve the global security environment.
They underscored their commitment to general and
complete disarmament including nuclear
disarmament on a universal basis, under effective
international control. They agreed that global
nonproliferation goals could not be achieved in the
absence of progress towards nuclear disarmament
and in this context called upon all nuclear weapon
States (NWS), whether party or non-party to
the Non-Proliferation Treaty (NPT), to engage
constructively through a transparent and credible
process of negotiations at the Conference on
Disarmament (CD). The leaders also recognized
the linkage between disarmament and
development.
The Heads of State or Government recognized that
due to their particular vulnerability, small States
require special measures for support from the
international community for the safeguarding of
their sovereign independence and territorial
integrity. They reiterated that the real protection of
small States should be firmly rooted in the
scrupulous adherence to the UN Charter, and the
rule of law and the strict adherence to universally
accepted principles and norms related to sovereign
rights and territorial integrity of all States,
irrespective of size.
The Heads of State or Government were convinced
that terrorism, in all its forms and manifestations, is
a challenge to all States and to all of humanity, and
cannot be justified on ideological, political,
religious, or on any other ground. The leaders
agreed that terrorism violates the fundamental
values of the United Nations and the SAARC
Charter and constitutes one of the most serious
threats to international peace and security in the
21st century. In this regard, they emphasized the
need for the urgent conclusion of a Comprehensive
Convention on Combating International Terrorism.
They also emphasized that international
cooperation to combat terrorism should be
conducted in conformity with the UN Charter,
international law, and relevant international
conventions.
They also reiterated their support of UNSC
Resolution 1373 of 28 September 2001 and
affirmed their determination to redouble efforts,
collectively as well as individually, to prevent and
suppress terrorism in all its forms and
manifestations. Such efforts would include
increased cooperation and full implementation of
the relevant international conventions relating to
terrorism to which they are parties. In this context,
they called on all States to prevent and suppress the
financing of terrorist acts by criminalizing the
collection of funds for such acts and refraining
from organizing, instigating, assisting, or
participating in terrorist acts in States or
acquiescing in organized activities within its
territory directed towards the commission of such
acts. The leaders reaffirmed that the fight against
terrorism in all its forms and manifestations had to
be comprehensive and sustained.
The Heads of State or Government were
unanimous in recognizing the distinct ominous link
between terrorism, drug-trafficking, money
laundering, and other trans-national crimes and
emphasized the need to coordinate efforts at the
national and regional levels to strengthen the global
response to this serious challenge and threat to
international security. They called upon the
international community to assist Member States of
SAARC to deal effectively with the adverse
economic effects of terrorism in general and to
meet the rising insurance and security-related costs
in particular.
The Heads of State or Government reaffirmed their
commitment to the SAARC Regional Convention
on Suppression of Terrorism, which, among other
things, recognizes the seriousness of the problem
of terrorism as it affects the security, stability, and
development of the region. They also reiterated
their firm resolve to accelerate the enactment of
enabling legislation within a definite time-frame
for the full implementation of the Convention,
together with strengthening the SAARC Terrorist
Offences Monitoring Desk and the SAARC Drug
Offences Monitoring Desk.
Also in January, Qama Rahim of Bangladesh
became SAARC Secretary-General. He succeeded
Sri Lanka's Nihal Rodrigo, who completed a three-
year term.
On 21-22 August, the twenty-third session of the
SAARC Council of Ministers was held in
Kathmandu, Nepal. In recognition of the need to
update the SAARC Convention on Suppression of
Terrorism on account of the obligations devolving
on Member States under UNSC Resolution 1373
and the International Convention for the
Suppression of Financing of Terrorism, the
Council decided to hold a meeting of senior
officials assisted by legal experts. The meeting of
the senior officials, which is to be held in Sri
Lanka, will also prepare the ground for a
Ministerial-level meeting.
Step – twelve: In 2004, the 24th meeting of the
SAARC Council of Ministers convened in
Islamabad, Pakistan from 2-3 January. The
Ministers reached a consensus regarding the text of
an Additional Protocol to the 1987 SAARC
Regional Convention on the Suppression of
Terrorism which addresses issues involving the
funding of terrorism. The Protocol was designed to
strengthen the Convention "by criminalizing the
provision, collection or acquisition of funds for the
purpose of committing terrorist acts" and by
increasing efforts to prevent the financing of
terrorism. Specifically, it encourages States to hold
individuals or groups that have committed terrorist-
related offenses liable domestically, and to
implement practical measures and adapt domestic
legislation to prevent and suppress terrorist
financing. The Ministers also adopted several other
documents, including the final draft of a document
establishing a South Asian Free Trade Area and a
Social Charter.
The Council of Ministers meeting was directly
followed by the Twelfth SAARC Summit of the
Heads of State and Government, which convened,
also in Islamabad, from 4-6 January. At the
Summit, leaders addressed means of increasing
regional cooperation in the areas of economics;
poverty alleviation; science and technology
development; social, cultural and environmental
issues; and terrorism prevention. They signed the
Additional Protocol to the SAARC Regional
Convention on the Suppression of Terrorism
approved days earlier by the Council of Ministers.
It will enter into force 30 days after the final
instrument of ratification is deposited.
Furthermore, counter- terrorism was a major topic
addressed in the Summit Declaration. Heads of
State and Government condemned terrorist
violence in all forms and stated that terrorism
continues to be a major threat in South Asia, as
well as a challenge to all States worldwide. They
also stressed that terrorism violates the United
Nations and SAARC charters and reaffirmed their
commitment to the SAARC Regional Convention
on Suppression on Terrorism in addition to other
relevant international conventions to which they
are party.
Foreign ministers of the SAARC States met in
Islamabad for the 25th session of the Council of
Ministers meeting from 20-21 July. With Pakistani
Foreign Minister Khurshid Kasuri serving as
chairman, the Ministers reviewed progress made in
implementing decisions reached at the January
Summit, including counter-terrorism efforts, and
continued preliminary preparations for the 13th
annual summit in 2005. They also engaged in
discussion regarding poverty alleviation; financial
cooperation; and energy, environmental; and social
issues. They approved plans of action in some of
these areas. Ministers also approved the
nomination of Lyonpo Chenkyab Dorj of Bhutan
as the next SAARC Secretary-General.
Step – thirteen: In 2005, On 22 February, Iran's
foreign minister Kamal Kharrazi indicated Iran's
interest in joining SAARC, stating that the
country's borders with South Asia could provide
the region with "East-West connectivity."
SAARC foreign ministers attended the 26th
meeting of the Council of Ministers in Dhaka from
10-11 November. Ministers adopted the 22
SAARC Development Goals (SDGs) and reiterated
their earlier decision to put the South Asia Free
Trade Agreement (SAFTA) into effect on 1
January 2006. They discussed the question of
according Afghanistan SAARC membership and
considered at length China's request to establish
ties with SAARC. They also approved three major
trade-related agreements along with a draft of the
Dhaka declaration, to be signed by leaders at the
upcoming summit.
The 13th Annual SAARC Summit was held in
Dhaka from 12-13 November. The summit dealt
specifically with areas such as poverty alleviation,
economic cooperation, counter-terrorism, disaster
management, and the implementation of SAFTA.
The Islamic Republic of Afghanistan was
welcomed as the eighth member of SAARC. China
and Japan were accorded observer status. Member
countries adopted the 53-point Dhaka declaration
aimed at focusing regional cooperation in South
Asia to accelerate growth and progress. They
expressed their determination to unite in their
efforts to prevent and combat terrorism, noting
United Nations Security Council Resolution 1373
in this regard. They also emphasized the need for
an early conclusion of a Comprehensive
Convention on International Terrorism. Member
states agreed to strengthen their cooperation in
important areas such as exchange of information,
coordination, and cooperation among their relevant
agencies. Leaders expressed satisfaction at the
ratification of the Additional Protocol to the
SAARC Convention on Suppression of Terrorism
by all member states and called for establishing
effective mechanisms for its implementation.
Recognizing the specific vulnerability of the
sovereignty and independence of small states, they
resolutely committed to protect the interest and
security of these states through the pursuit of
appropriate policies and actions. Other key events
included endorsement of the SDGs and
establishment of the SAARC Poverty Alleviation
Fund. Member states also participated in bilateral
talks on the sidelines of the summit.
The 14th SAARC Summit was scheduled to
convene in New Delhi in January 2007.
In 2006 (not summit but special year), April,
both the United States and the Democratic
Republic of Korea made formal requests to
SAARC to be granted observer status. The
European Union also expressed interest in
receiving observer status and is expected to make a
formal request to the SAARC Council of Ministers
at its forthcoming meeting in July.
The first SAARC Conference of Home Ministers
convened in Dhaka on 11 May. The agenda was
dominated by issues of terrorism and the
trafficking of humans and drugs. Ministers adopted
a nine point resolution to fight terrorism and drug
trafficking in the region by expediting the existing
SAARC mechanism and sharing information and
experiences among member states. They
committed to strengthen cooperation with the
Association of Southeast Asian Nations and the
United Nations Office on Drugs and Crime.
Ministers discussed steps taken by member
countries to implement two SAARC conventions
related to terrorism and drug abuse, as well as
methods to execute the Additional Protocol on the
Financing of Terrorism. A proposal to establish a
regional law enforcement agency—SAARCPOL—
was referred to ministers for further study. The
proposal will be discussed at the 2nd Home
Ministers' meeting scheduled to convene in India in
2007, after a meeting of SAARC police chiefs in
Pakistan in December 2006. Fourteenth SAARC
meeting was held in New Delhi, India, on April,
2007.
Step – fourteen: In 2007, the fourteenth summit of
SAARC was held in New Delhi, India on 3rd-4
April 2007, and was attended by the presidents of
Afghanistan, the Maldives and Sri Lanka and the
prime ministers Bhutan, INDIA, Nepal and
Pakistan and the chief adviser of the government of
Bangladesh.
Step – fifteen: In 2008, fifteenth SAARC summit,
Srilanka, Colombo.
Step – sixteen: In 2010, Sixteenth SAARC
Summit, Thimpu, Bhutan. SAARC had observed
its silver jubilee in 2010 with the slogan " Towards
a Geeen and Happy South Asia" on 16 th SAARC
summit.
Step – seventeen: In 2011, Seventeenth SAARC
Summit was held on Addu city, Maldives, on
November 10-11 issuing 20 points agreements,
called "Addu Declaration".
Step – eighteen: In 2014, Eighteenth SAARC
Summit was held in Kathmandu, Nepal, on
November 26-27.
Step – nineteen:The nineteeth SAARC Summit
was postponeded which was going to be held on
Islamabad of Pakistan, on November.
The role of Nepal on SAARC can be presented as
follows:
i. The SAARC secretariat was established in
Nepal.
ii. The SAARC Tuberculosis Center has been
established in Thimi, Bhaktapur of Nepal.
iii. The Secretatriat of SAARC Information Center
is in Kathmandu.
iv. The third and eleventh SAARC summits were
held in Neapal.
v. Mutual co-operation was increased in various
aspects like agriculture, health, family planning,
transportation, postal services, climate etc.
vi. Helping hands extended towards women
development, child development, girl trafficking
controlling, antiterrorism supporting, drug
trafficking and establishement of SAARC food
security storage.
vii. Nepal had made underastanding on poverty
alleviation, determination of quality ad crme
control etc.
viii. The SAARC Logo was designed by Sailendra
Maharjan of Neapl.
ix. Neapal has conducted different SAARC Level
games.
x. Nepal as actively implemented different SAARC
Level programs.
xi. Nepal bears 11.35 % of total SAARC
expenditure.
xii. The 18 th SAARC summit was held in Nepal.
xiii. India bears 30. 32 % of the total budget of
SAARBangladesh, 22.52% , 10.72% by Pakistan,
10.72% by Nepal, 10.72% by Sri lanka, 5.0 % by
Bhutan, 5.0 % by Maldives, 5.0% by Afganistan.
xiv. The main funding agencies of SAARC are:
SAARC- JSF [SAARC- Japan Special Fund],
SADF – South Asian Development Fund, ESCAP
– Economic and Social Commisin for Asian and
Pacific, UNICEF- United Nation Children's Fund,
UNDP – United Nation Development Program.
xv. SAARC is very important for the countries and
people of this region because poorer and
landlocked countries are benifited from its
program.
xv. The SAARC Audio Visual Exchange Program
(SAVP) is being transmitted on the first day of
every month through the national television which
helps to understand the environment, culture,
economy, people and problems of SAARC.
xvi. SAARC Youths Volunteer Program (SYVP)
has also been mobilized the youths for
development.
xvii. The South Asian Federation and the
conduction of SAG games has bveen helping to
promote games and sports.
xviii. There is exchange of technology an experts.
We know that with the aims of maintaining world Zimbabwe, Ethopia). In South America, there are 2
peace, security, understanding and protecting landlocked countries (Bolivia, Paraguay).
human rights throughout the worlds, United
Nations Organization (UNO) was established in Nepal has established diplomatic relationship with
1945 A.D. European countries formed regional 158 countries upto the date. Recently, Nepal had
organization like NATO- North Atalantic Ttreaty established diplomatic relationship with Brkina
Organization), EU- European UnionSimilarly, Faso on 26 January 2018.
SEATO, Warsaw Pact, etc. Such a wave had
established ASEAN- Association of South-East Point of Contact
Asian Nation, Non- Aligned Movement and
SAARC also. SAARC was established to know Secretary-General Q.A.M.A. Rahim
and solve the problem of this region. In Asia, there (Bangladesh)
are 10 landlocked countries (Nepal, Laos, Bhutan, SAARC Secretariat
Afaghanistan, Mangolia, Kazakhstan, Uzbekistan, PO Box 4222
Tajikistan, Kirgistan, Turkmenistan). In Europe, Kathmandu, Nepal
there are 17 landlocked countries (Austria, Phone: (97 71) 221785, 221794
Hungary, Switzerland, Belarus, Luxemberg, Fax: (97 71) 227033, 223991
Andora, Molodova, Liechtenstein, Slovakia, Telex: 2561 SAARC NP
Macedonia, Vaticancity, Kosovo, Serbia, Armenia, Email: saarc@saarc-sec.org
Kazakhstan, San Marino, Czech Republic). In Website: www.saarc-sec.org
Africa, there are 16 landlocked countries (Mali, B. SAARC CONTRIBUTION ON THE
Uganda, Cental African Republic, South Sudan, PROTECTION OF ENVIRONMENT (BASIC for
Chad, Botswana, Burundi, Rwanda, Swaziland, BALLB).
Zmbia, Malawi, Niger, Burkina Faso, Lesotho,
SAARC has developed a lot of in the realm of
environment, natural disasters and biotechnology.
i. In Biotechnology Field
The need to institutionalize and promote
cooperation in the area of Biotechnology has
been recognized by the Heads of State or
Government at various SAARC Summits since
1990. From 1990-2003, cooperation the area of
Biotechnology was pursued by the Technical
Committee on Science and Technology. A
Working Group on Biotechnology was
established in 2004 as a part of the restructured
SAARC Integrated Programme of Action to
coordinate regional cooperation in the area of
Biotechnology.
The First and Second Meeting of the Working
Group on Biotechnology was held in
Kathmandu in April 2004 and December 2006
under the Chairmanship of Nepal. Sri Lanka
assumed the Chair of the Working Group on
Biotechnology on 1 January 2009 for a period of
two years. The Third Meeting of the Working
Group on Biotechnology was held in Colombo
in June 2009.
The Third Meeting of the Working Group on
Biotechnology (Colombo, 4-5 June 2009),
among others, considered and finalized a
Concept Paper on a Programme of Cooperation
in the field of Biotechnology between SAARC
Member States. The Report of the Third
Meeting of the Working Group on
Biotechnology was considered by the Thirty-
sixth Session of the Programming Committee
(SAARC Secretariat, 10-11 August 2009). The
Report of the Thirty-sixth Session of the
Programming Committee was approved by the
Thrity-seventh Session of the Standing
Committee (Thimphu, 25-26 April 2010).
The Programme for Cooperation in the field of
Biotechnology provides for cooperation in the
following areas:
i. Medical Biotechnology
ii. Agricultural Biotechnology
 iii. Environmental Biotechnology As per recommendation of the Fourth Meeting
iv. Animal Biotechnology of the Working Group on Biotechnology
v. Marine Biotechnology (Colombo, 27 April 2011), the National State-
vi. Bioinformatics of-the-Art Reports on Biotechnology received
vii. Plant Tissue Culture from Member States are uploaded below:
viii. Genetically Modified Organisms and bio-
safety National State-of-the-Art Report on
ix. Marker Assisted Selection Biotechnology from Bangladesh
x. Bio-fertilizer and Bio-gas National State-of-the-Art Report on
xi. Vaccine Production Biotechnology from Bhutan
xii. Genomics and Proteomics National State-of-the-Art Report on
xiii. Nano-biotechnology Biotechnology from India
xiv. RNA interference technology platform National State-of-the-Art Report on
xv. Stem cell research Biotechnology from Nepal
xvi. Industrial biotechnology National State-of-the-Art Report on
Biotechnology from Pakistan
National State-of-the-Art Report on
Cooperation the identified areas as listed above Biotechnology from Sri Lanka
among the Member States of SAARC will be
pursued through hosting of conferences and Since 2004, the Working Group on
workshops; post-doctoral fellowships; joint Biotechnology has met three times. Pakistan is
research projects; and exchange of visits among the current Chair of the Working Group on
scientists and specialists from the region. Biotechnology since January 2012.
ii. In Environment, Climate Change and
Natural Disasters Field
The Heads of State or Government of the
Member States of SAARC, at successive
Summits since 1987, have reiterated the need to
strengthen and intensify regional cooperation to
preserve, protect and manage the diverse and
fragile eco-systems of the region including the
need to address the challenges posed by climate
change and natural disasters. The Leaders noted
that the development process and prospects of
the Member States were being severely
undermined by these challenges.
The preservation and protection of the
environment including disaster risk reduction
and management remains a high priority on the
agenda of cooperation being pursued by the
Member States of SAARC. The numerous
directives issued by successive SAARC
Summits and meetings of the SAARC
Environment Ministers provide continued
impetus for strengthening and intensifying
regional cooperation in the areas of
environment, climate change and natural
disasters.
The meetings of the SAARC Environment
Ministers and the Technical Committee on
Environment and Forestry also provide key
mechanisms to guide and facilitate the agenda
of cooperation.
Regional Centers have also been established and
constitute an important framework of SAARC
Institutions, which address diverse aspects of
environment, climate change and natural
disasters. These are: (i) SAARC Environment
Center merged with SAARC Energy Center
(SEC) for the protection, conservation and
prudent use of environment resources by
adopting sustainable forest management
practices through research, education and
coordination among Member States; and (ii)
SAARC Disaster Management Centre (SDMC)
to provide policy advice and facilitate capacity
building including strategic learning, research,
training, system development, expertise
promotion and exchange of information for
effective disaster risk reduction and
management – the mandate of the Centre was
expanded to include the development of a
Natural Disaster Rapid Response Mechanism
( Fifteenth SAARC Summit, Colombo, 2-3
August 2008).
iii. In Political Level- Meetings of the SAARC
Environment Ministers
SAARC Environment Ministers have met
periodically to take stock of progress and to
further enhance regional cooperation in the area
of environment, climate change and natural
disasters. Since 1992, SAARC Environment
Ministers have met nine times. The SAARC
Environment Ministers have not met since
September 2011.
In addition, a Special Session of the
Environment Ministers in the aftermath of the
Indian Ocean Tsunami was held in Malé in July
2005 and a SAARC Ministerial Meeting on
Climate Change was held in Dhaka in July
2008.
iv. In technical level- Technical Committee
Meetings.
A Technical Committee on Environment was
established in 1992 to examine the
recommendations of the Regional Study, to
identify measures for immediate action and to
decide on modalities for implementation.
The Technical Committee on Environment was
also mandated to monitor the progress made in
the implementation of the recommendations of
the two Regional Studies. The mandate of the
Committee was expanded to include
meteorology and forestry. However, under the
restructured Regional Integrated Programme of
Action (RIPA) approved by the Twenty-ninth
Session of the Standing Committee (Islamabad,
31 December 2003 – 1 January 2004),
Meteorology was merged with the Technical
Committee on Science and Technology.
The sectoral mandate of the Technical
Committee comprises of environment, climate
change, forestry and natural disasters. In
addition to the Terms of Reference outlined
under Article VI of the SAARC Charter, the
Technical Committee follows-up on the
implementation of decisions taken by SAARC
Charter Bodies (Summit, Council of Ministers,
Standing Committee) and the SAARC
Environment Ministers.
The Committee also coordinates and monitors
the implementation of the 1997 SAARC
Environment Action Plan; and SAARC Action
Plan on Climate Change (July 2008).
Since 2004, the Technical Committee on
Environment and Forestry has met five times.
v. Some Important Initiatives/Milestones
taken by SAARC
The Third SAARC Summit (Kathmandu, 2-4
November 1987) commissioned a Regional
Study on the “Consequences of Natural
Disasters and the Protection and Preservation of
the Environment”. The Study was completed in
1991.
The Fourth SAARC Summit (Islamabad, 29-31
December 1988) directed that a joint study on
the “Greenhouse Effect and its Impact on the
Region” be undertaken. This study was initiated
to provide a basis for an action plan for
meaningful cooperation among Member States.
The study was completed in 1992.
The above two studies provided a
comprehensive assessment of the state of the
environment in the Member States of SAARC.
vi. SAARC Environment Action Plan (1997)
The “SAARC Environment Action Plan” was
adopted by the Third Meeting of the SAARC
Environment Ministers (Male, 15-16 October
1997) and identified some of the key concerns
of Member States and set out the parameters and
modalities for regional cooperation.
Since its adoption in 1997, a number of
measures outlined in the SAARC Environment
Action Plan have been implemented by the
Regional Centres.
Disaster Management in South Asia: A
Comprehensive Regional Framework for Action
2006-2015. Pursuant to the Malé Declaration, a
“Comprehensive Framework on Disaster
Management 2006-2015” was adopted in 2006
to address the specific needs of disaster risk
reduction and management in South Asia. The
Framework is aligned with the Hyogo
Framework of Action (2005-2015). Member
States are in the process of preparing their
respective National Plans of Action for
implementation of the Regional Framework and
thereafter, an Expert Group Meeting will
harmonize the national reports and articulate a
Regional Plan of Action.
vii. Dhaka Declaration and SAARC Action
Plan on Climate Change (2008)
(Search and study)
STUDY AND WEITE…..
viii.Delhi Statement on Cooperation in
Environment (2009)
STUDY AND WRITE….
The Eighth Meeting of the SAARC
Environment Ministers (New Delhi, October
2009) adopted the “Delhi Statement on
Cooperation in Environment,” which
identified many critical areas that need to be
addressed and reaffirmed the commitment of
Member States towards enhancing regional
cooperation in the area of environment and
climate change.
ix. Thimphu Statement on Climate Change
(2010)
Climate Change was the theme of the Sixteenth
Summit (Thimphu, 28-29 April 2010) and,
among others, adopted the “Thimphu Statement
on Climate Change”, which outlines a number
of important initiatives at the national and
regional levels to strengthen and intensity
regional cooperation to address the adverse
effects of climate change in a focused manner.
The Inter-governmental Expert Group on
Climate Change (IGEG.CC), established by the
Thimphu Statement, is required to monitor,
review progress and make recommendations to
facilitate the implementation of the Thimphu
Statement. The IGEG.CC reports to the SAARC
Environment Ministers.
x. SAARC Convention on Cooperation on
Environment (2010)
The “SAARC Convention on Cooperation on
Environment” was signed during the Sixteenth
Summit. The Convention has been ratified by all
Member States and entered into force with
effect from 23 October 2013. The Convention
identifies 19 areas for cooperation in the field of
environment and sustainable development
through exchange of best practices and
knowledge, capacity building and transfer of
eco-friendly technology in a wide range of areas
related to the environment. The implementation
of the Convention has been entrusted to a
Governing Council, comprising of the
Environment Ministers of Member States.
xi. SAARC Agreement on Rapid Response to
Natural Disasters (2011)
The “SAARC Agreement on Rapid Response to
Natural Disasters” was signed at the
Seventeenth Summit (Maldives, 10-11
November 2011). The SAARC Agreement on
Rapid Response of Natural Disasters has been
ratified by all Member States and entered into
force with effect from Friday, 09 September
2016. The setting up and operationalization of
the SAARC Natural Disaster Rapid Response
Mechanism as provided for under the
Agreement would institutionalize regional
cooperation among Member States in the critical
area of response in the aftermath of natural
disasters in the region.
xii. Collaboration with Inter-governmental
Organizations
SAARC is collaborating with many regional and
international organizations, and has signed
Memorandum of Understanding (MOU) with the
South Asia Cooperative Environment
Programme (SACEP) in July 2004; United
Nations Environment Programme (UNEP) in
June 2007; the United Nations International ……..
Strategy on Disaster Reduction (UNISDR) in
September 2008 and Asia Disaster Preparedness
Centre (ADPC). The MOUs are renewed as may 4.DISASTER MANAGEMENT IN SOUTH
be required. These agencies extend technical ASIA: A COMPREHENSIVE REGIONAL
and financial support in implementing SAARC FRAMEWORK FOR ACTION 2006-2015
programmes. …………..
SAARC is an accredited Observer of the United
Nations Framework Convention on Climate SAARC DECLARATION ON CLIMATE
5.
Change (UNFCCC) since COP 16 (Cancun, CHANGE
Mexico, 29 November-10 December 2010) and ……………………
has presented common SAARC positions on
climate change. SAARC ACTION PLAN ON CLIMATE
6.
CHANGE
Some important related documents are as
follows:
1. SAARC ENVIRONMENT ACTION PLAN SAARC MINISTERIAL STATEMENT ON
7.
COOPERATION ON ENVIRONMENT -
…………… “DELHI STATEMENT”
2.COLOMBO DECLARATION ON A
COMMON ENVIRONMENT PROGRAMME ……..
…………………….. 8. THIMPHU STATEMENT ON CLIMATE
CHANGE
3. MALÉ DECLARATION ….
 enhancement of the environment in the
9. SAARC CONVENTION ON region. SACEP is also a secretariat for the
COOPERATION ON ENVIRONMENT
South Asian Seas Programme. SACEP
…… member countries are Afghanistan,
10. SAARC AGREEMENT ON RAPID Bangladesh, Bhutan, India , Maldives ,
RESPONSE TO NATURAL DISASTERS Nepal , Pakistan and Sri Lanka. The 15th
……… Meeting of SACEP Governing Council and
All these plans have insisted on the protection
of environment in SAARC region. the 6th Inter-governmental Meeting of South
Asia Seas Programme was held on 6th
Assignment: Discuss the role of SAARC in view of
November 2019, in Dhaka, Bangladesh. The
protecting environment in this region. governance structure of SACEP
includes Governing Council, Consultative
2. SACEP
Committee, National Focal Points and the
SOUTH ASIA COOPERATIVE Secretariat Based in Colombo, Sri Lanka.
ENVIRONMENT PROGRAMME [change all The Southern and Southeast Asian region
language]
includes South Asian countries: Nepal,
SACEP is an inter-governmental India, and Pakistan, as well as Southeast
organization, established in 1982 by the Asian countries: Myanmar, Vietnam,
governments of South Asia to promote and Thailand, Indonesia, the Philippines, and
support protection, management and Singapore.
The main Vision of SACEP is 'A healthy
environment, resilient society and regional
prosperity for the present and future
generations' is the vision of SACEP through
the 2020 - 2030 decade.
In 1981, almost four decades ago, SACEP
was created to fulfill a vision based on the
following three assumptions
-Recognition of environmental degradation
caused by factors like poverty, over
population, over consumption and wasteful
production threatening economic
development and human survival,
-Integration of environment and development
as essential prerequisites to Sustainable
Development, and
-Importance of co-operative action in the
South Asian region where many ecological
and development problems transcend national
and administrative boundaries.
The Mission of SACEP are as follows:
To promote regional co-operation in South
Asia in the field of environment, both natural
and human in the context of sustainable
development and on issues of economic and
social development which also impinge on
the environment and vice versa;
to support conservation and management of
natural resources of the region and
to work closely with all national, regional,
and international institutions, governmental
and non governmental, as well as experts and
groups engaged in such co-operation and
conservation efforts.
It was established through the "The Colombo
Declaration on The South Asia Co-operative
Environment Programme (SACEP)" in 1981.
South Asia Co-operative Environment
Programme (SACEP) is an inter-
governmental organization, established in
1982 by the governments of South Asia to
promote and support protection, management
and enhancement of the environment in the
region. SACEP member countries are
Afghanistan , Ban gladesh , Bhutan , India ,
Maldives , Nepal , Pakistan and Sri Lanka.
South Asia is one of the most diverse regions
in the world. Bordered to the north by the
Himalayas and to the south by the Indian
Ocean, covers a diversity of ecosystems from
lush tropical forest to harsh, dry desert. It is
also one of the most populous regions, with
over 1 billion people living in India alone.
Although never remounted as a single
country, the movements of peoples over
thousands of years has resulted in strong
commonalities between cultures. Yet there
remains a huge diversity of languages,
religions and outlooks across the sub-
continent. . Most of the South Asian nations
share many similar environmental problems,
stemming from poverty and its consequences
on natural resources. According to the World
Bank, during the past decade, South Asia has
been the second fastest economically
growing region in the world, and their efforts
at increased production have put increasing
pressure on natural resources and the
environment. Significant natural resource
concerns of the region include depletion of
water quality and quantity, dwindling forests
and coastal resources, and soil degradation
resulting from nutrient depletion and
salinization
Many countries of the region have taken
actions for the protection and management of
the environment. They are also party to many
multilateral environmental agreements
requiring them to work cooperatively for the
mitigation of concern issues. SACEP
supports national government’s efforts for
environmental protection and sustainable
development.
Since its creation, SACEP has implemented a
number of projects and programmes in the
areas of environment education, environment
legislation, biodiversity, air pollution, and the
protection and management of the coastal
environment. SACEP is also secretariat for
the South Asian Seas Programme.
The Malé Declaration on control and
prevention of air pollution and its likely
transboundary effects for South Asia is
another significant efforts which encourages
intergovernmental cooperation to combat the
transboundary air pollution problem
Some of the salient attributes of South
Asia are as follows:
1. The region covers almost one twentieth of
the earth’s surface and provides a home for
about one fifth of the world population.
2. The degree of urbanization in 1999 ranged
from 7 percent in Bhutan to 33 percent in
Pakistan . Mumbai, Calcutta , Delhi , Karachi
and Dhaka are fast growing cities with
population more than 10 million.
3. Over 30 percent of the population earns
less than one dollar per day and the per capita
GNP for 1998 ranged from US$ 210 to 130.
It is US$ 210 in Nepal to 1,130 in Maldives.
4. Although the economies of the countries
are primarily agricultural, industrialization
has increased during the past decade.
5. South asia is home to 14 percent of the
world’s remaining mangrove forests and the
sundarbans found between Bangladesh and
India is one of the largest continuous "THE COLOMBO DECLARATION ON
mangrove stretch in the world . THE SOUTH ASIA CO-OPERATIVE
ENVIRONMENT PROGRAMME
6. 6 percent of the world’s coral reefs are in (SACEP)"
the South Asian seas. The atolls of Maldives
and Lakshadweep islands of the region, are The Meeting of Ministers to Initiate the
biodiversity rich marine habitats. South Asia Co-operative Environment
Programme (SACEP)
7. Hindu Kush Himalayan belt is home to
over 25,000 major plant species, comprising At Colombo on 25th February, 1981.
10 percent of the world’s flora.
Having considered the report of the South
8. The region is prone to natural disasters Asia Co-operative Environment Programme
such as cyclones, floods and landslides. From (SACEP) Intergovernmental Expert Group
1990-1999, the region accounted for over 60 Meeting convened at Bangalore, March,
percent of disaster-related deaths worldwide. 1980,
Having further considered the report and
recommendations of the Meeting of Officials
to Initiate the South Asia Co-operative
Environment Programme (SACEP) held at
Colombo, 18-21 February 1981,
Noting the possibilities of the occurrence of
severe ecological disequilibrium and the
threat of environmental degradation in the
Region,
Noting also the warm support of their
countries in the aims and aspirations of the
proposed Programme, as expressed at the
foregoing meetings, in contacts among
themselves and with UNEP, and the wealth
of capability and expertise available within
the Region,
Noting in addition the offer of the
Government of Sri Lanka to provide the
facilities for the Secretariat of SACEP, the
offers of the Governments of Afghanistan,
Bangladesh, India, Iran, Pakistan and Sri
Lanka to serve as Focal Points for
Programme development and implementation
in selected subject areas, and the interest
shown by the Governments of Bhutan,
Burma, Maldives and Nepal,
Conscious of the readiness of their countries
to co-operate and extend mutual assistance to
each other in matters of environmental
concern, to contribute through the application
of their resources, to the work of the Focal
Points and, in the case of Sri Lanka, to the
Secretariat of SACEP,
Taking note of the active interest and
possibilities of support from various donor
countries, international financing institutions,
agencies and bodies,
Recognizing the pioneering nature of the
proposed co-operative programme and the
organizational arrangements thereto,
Commending the significant contribution and
imaginative initiative of the Director of the
Regional Office of UNEP as noted by the
Bangalore Meeting and the Meeting of
Officials at Colombo,
Appreciating the firm support and
encouragement extended by the Executive
Director of UNEP in this regard,
DECLARES:
1. Its decision to establish a co-operative
programme to be known as the South Asia
Co-operative Environment Programme;
2. Its endorsement of the agreed institutional
arrangements, the over-all programme
content, and technical co-operation and the
financing arrangements;
3. Its resolve to sustain, strengthen, and
utilize to the fullest, for the benefit of the
peoples of their countries, the agreed
programme and the arrangemens for its
implementation;
4. Its intention to foster the Programme as
essential for the promotion of human welfare,
development and amelioration of poverty in
the region;
5. Its commitment to work out a harmonious
balance between the process of development
and resources of nature;
6. Its conviction that this Programme and the
co-operative arrangements thereto, could
provide a valuable basis for mutual
cooperation, in the fields of social and
economic development;
Calls upon:
1. The interested donor states, international
financing institutions, agencies and other
bodies to extend their support readily and in
imaginative and concrete terms, keeping in
mind the importance of maintaining the
momentum in implementing a Programme of
such far-ranging significance;
2. The United Nations system, UNDP in
particular and UNEP, to assist SACEP, as
required, with financial support, technical
assistance, information, and guidance in the
implementation of the Programme;
3. The member states of the SACEP region to
see in these a worthy cause with goals and
objectives fully capable of attainment
through their common perceptions, friendly
co-operation and mutual assistance.
1. Assignment: Discuss the role of SACEP in the
envirionment protection of this region with special
reference to "THE COLOMBO DECLARATION ON THE
SOUTH ASIA CO-OPERATIVE ENVIRONMENT
PROGRAMME (SACEP)"
3. ICIMOD – INGO (Antarastriye gaira sarakaari
samsthaa)
INTERNATIONAL CENTRE FOR
INTEGRATED MOUNTAIN DEVELOPMENT
[ANTARASTRYE EKIKRIT PARWATIYE WIKAS KENDRA)
Founded in 1983, ICIMOD is based in
Lalitpur, Nepal, and brings together a
partnership of its regional member countries,
partner institutions, and donors to secure a
better future for the people and environment
of the extended Himalayan region.
The third pole is dedicated to promote,
understand of Asia's water crisis which
encourage to know about climate change,
water, biodiversity, energy, regional co-
operattion. In fact, Third Pole is a
multilingual platform dedicated to promoting
information and discussion about the
Himalayan watershed and the rivers that
originate there.
The region that encompasses the Hindu Kush
Himalayas mountain range and the Tibetan
Plateau is widely known as the Third Pole
because its ice fields contain the largest
reserve of freshwater outside the polar
regions. This region is the source of the 10
major river systems that provide irrigation,
power and drinking water to over 1.9 billion
people in Asia – over 24% of the world’s
population.
The Third Pole works on the principle that
sustainable development is possible only with
the active cooperation of those most affected
by policies. The reports and commentary
seek to involve both experts and
policymakers at the highest levels of
government, as well as to showcase
perspectives from the people who live in the
basins of rivers that flow down from the
Hindu Kush Himalayas. The free flow of
information and knowledge, both vertically
between communities and policymakers as
well as horizontally across borders, is at the
core of our work.
The International Centre for Integrated
Mountain Development (ICIMOD) is an
intergovernmental knowledge and learning
centre working on behalf of the people of the
Hindu Kush Himalaya (HKH). The primary
objectives of ICIMOD are to help promote
the development of an economically and
environmentally sound mountain
ecosystem and to improve the living
standards of mountain populations,
especially in the Hindu Kush-Himalayas
(HKH) Region. There are 8 countries in
Icimod.The International Centre for
Integrated Mountain Development
(ICIMOD) is a regional intergovernmental
learning and knowledge sharing centre
serving the eight regional member countries
of the Hindu Kush Himalayas: Afghanistan,
Bangladesh, Bhutan, China, India, Myanmar,
Nepal, and Pakistan. ICIMOD was founded
in 5 December, 1993 (2040/6/24/2) whose
central office is at Khumaltar of Lalitpur. The
present director is Dr. David Molden. The
short program history is as follows:
i. The Early Years (1983–1987)
From 1983 to 1987, ICIMOD went through a
formative stage during which the Centre had
to find its footing, build its identity and
niche, and establish a base of operations. The
Centre started in 1984 with five programmes:
Watershed Management, Off-farm
Employment Generation, Rural Energy
Planning, Engineering in Fragile
Environments, and Information Systems for
Mountain Development, together with a
Documentation and Information Exchange
service. Major activities were confined to
holding seminars and workshops on key
mountain issues; and these were, for the most
part, determined annually based on staff
expertise and the nature of the funding
available.
ii. Expanding Organisation and Programmes
(1987–1993)
Between 1987 and 1993 the programmes
were converted into five divisions: Mountain
Land Use, Mountain Farming Systems,
Mountain Social and Economic
Development, Mountain Infrastructure and
Technology, and Mountain Development
Documentation and Information Services.
New projects were developed in the areas of
risk engineering, rural energy, seabuckthorn
(Hippophae l.) cultivation, mountain farming
systems, and mountain biodiversity. During
this time, the documentation and information
exchange was strengthened and the
geographical information system (GIS)
facilities were created.
It was during this period that ICIMOD firmly
developed the Mountain Perspective
Framework. This phase ended with the
celebration of the 10th Anniversary
Symposium, at which time a site was
generously donated by the government at
Godavari for research and demonstration.
iii. Consolidation – RCP I and II (1994–2002)
During this period considerable attention was
paid to packaging programmes and projects,
increasing donor funding beyond
conventional donors, and strengthening
partnerships. The Regional Collaborative
Programme (RCP) Phase I (1995-98) was
thus born and a document was developed
which served as the basis for programming
and budgeting.
During RCP-I, ICIMOD was reorganized into
three thematic divisions – Mountain Farming
Systems; Mountain Natural Resources; and
Mountain Enterprises and Infrastructure –
and three service divisions/sections –
Mountain Environment and Natural
Resources Information; Documentation,
Information, and Training; and
Administration, Finance and Logistics. RCP-
I identified a total of 25 outputs and 95
activities to be implemented over a four-year
period in ICIMOD’s regional member
countries. Several new programmes and
projects were initiated including the People
and Resource Dynamics in Mountain
Watersheds of the HKH Project (PARDYP);
the Regional Rangeland Programme;
Beekeeping; Gender, Environment and
Sustainable Livelihoods; and Capacity
Building in Geographical Information
Systems/Remote Sensing Technologies.
There was increased awareness of ICIMOD
and its potential role as well as increased
funding and ownership by regional member
countries. There was also considerable
emphasis on capacity building of partner
institutions and the number and range of
publications saw a dramatic increased. This
was a big period of growth for ICIMOD.
The momentum gained during RCP-I was
further strengthened and consolidated during
RCP-II (1998-2002). RCP-II was developed
to mainstream mountain development in the
HKH region based on regional cooperation.
By 2001, ICIMOD had truly carved a niche
for itself and was acknowledged as a centre
of excellence in mountain development. As a
result, it played an important role in the
celebration of the UN-declared International
Year of the Mountains in 2002. It organized
and co-organized several national, regional,
and global events including the Asia High
Summit in Kathmandu, Nepal, Celebrating
Mountain Women in Paro, Bhutan, and parts
of the Global Mountain Summit in Bishkek,
Kyrgyzstan. ICIMOD also played a lead role
in forming the Global Mountain Partnership,
which was launched at the World Summit on
Sustainable Development in Johannesburg,
South Africa, in 2002, and was selected as
the host of the Global Mountain Forum
Secretariat.
iv. Developing Regional Partnerships (2003–
2007)
From 2002 onwards, the Centre started
working on a new strategy and programme.
An overall strategy and Medium Term Action
Plan (MTAP, 2003–07) were developed,
which encapsulated a strategic approach for
better aligning the opportunities for
development interventions with dimensions
of physical, social, and economical
vulnerability in the HKH region. Six
integrated programmes were identified:
Natural Resources Management (NRM);
Agriculture and Rural Income Diversification
(ARID); Water, Hazards and Environmental
Management (WHEM); Culture, Equity,
Gender and Governance (CEGG); Policy and
Partnership Development (PPD); and
Information and Knowledge Management
(IKM).
These programmes evolved as a result of the
need to consolidate the Centre’s earlier work,
and following the recommendations of the
3rd Quinquennial Review conducted in 2001,
directives from the Board of Governors, and
the needs of the regional member countries as
expressed during consultations held with
partner institutions. The strategy was
designed to provide more focus and relevance
to the needs of the targeted clients, which are
both grassroots-based beneficiaries and
decision makers in mountain areas.
Progress was slow during the first year of
operation, as a result of the uncertain status
of continued core funding from some donors.
However, by mid-2004, the Centre had
received assurances of continued core
funding from all its donors to implement the
Medium Term Action Plan.
Regional knowledge, learning and enabling
centre
v. 2008 onwards
Based on ICIMOD’s accumulated
experiences of more than 20 years, on the
analysis of changing requirements, and on the
External Review 2006, ICIMOD is bringing
about a major shift in its working modalities
and repositioning itself within the region.
These changes pertain mainly to the
following priorities:
- From a project driven to an
interdisciplinary centre
ICIMOD’s three strategic focuses (IWHM,
ECES, SLPR) are complementary and closely
interlinked, in many cases dealing with
different aspects of the same physical or
social reality. Both the strategic approach and
the practical implementation are underpinned
by explicit centre-wide policies and on
competence in gender and gender
mainstreaming, governance, poverty
alleviation, human resource development and
capacity building, partnership and
intervention, scaling up, and monitoring and
evaluation, as well as being integrated within
the knowledge management framework.
ii. An innovative systems approach
ICIMOD will assess and apply participatory
knowledge development methods and will
strengthen its knowledge management and
capacity development areas both within the
Centre and outside, involving key regional
partners.
iii. Enhanced alignment to stakeholder
priorities
ICIMOD plans to have increased interaction
with regional partners to develop a better
understanding of their policies and priorities
and to build up systematic cooperation with
and through them. ICIMOD will also identify
and support regional networks in academia
and civil society.
iv. Increased international cooperation
ICIMOD will seek the cooperation and
support of international resource centres in
order to increase its core competencies and to
enhance the services it can provide to
regional stakeholders.
ICIMOD has done remarkable role on
following way:
1. Enhance livelihoods
For centuries, millions of people have lived
among the awe-inspiring mountains, peaks
and valleys of the HKH. From farmers to
fishermen, climate change is wreaking havoc
on their lifestyles and livelihoods, threatening
communities and their ability to survive.
2. Sustain resources
From animals and plant species you won't
find anywhere else in the world, to ice caps
and glaciers that store water for close to 2
billion people, the biodiversity and natural
resources of the HKH are in greater jeopardy
than ever before, and their loss will be felt
across the globe.
3. Value culture
The HKH spans countries and comprises a
rich, diverse tapestry of colors, textures and
cultures. The HKH is a microcosm of the
world, and it’s absolutely beautiful.
4. Adaptation and Resilience Building
Communities across the HKH are adapting to
climate change impacts and are building their
resilience to environmental and socio-
economic shocks.
5. Transboundary Landscapes
Conservation and the sustainable use of
natural resources cannot be effectively
achieved without considering landscapes
defined by ecosystems.
6. River Basins and Cryosphere
Water is an essential element for life on our
planet and its flows are connected upstream
and downstream and across geographies.
7. Atmosphere
The HKH receives significant amounts of air
pollution from within and outside of the
region. This has major impacts, affecting the
health of people and ecosystems, the climate,
cryosphere, monsoon patterns, and
agriculture.
8. Mountain Environment Regional Information
Systems
Complex geographies within the HKH
benefit from leveraging the power of Earth
observation and geo-spatial technologies.
9. Mountain Knowledge and Action Networks
Individuals and institutions amplify
effectiveness when they are connected
through networks, sharing knowledge and
taking action together.
10. Lasting impact
The problems facing the mountains and
people of the HKH aren’t solved with
brilliant theories alone. They are solved by
having a hands-on understanding of the
challenges of the region, and a truly holistic
approach that places as much emphasis on
implementation as it does on understanding.
We protect the pulse of the planet through
our work approaches and range of issues
enabling sustainable development in the
complex environment of the HKH.
11. Integrated approach
We organize our work in Regional
Programmes, which build on ICIMOD's deep
history of engagement and are formulated to
deliver strategic results, to promote
transboundary cooperation, to meet capacity
building needs in the region, and to support
long-term testing, piloting, and monitoring of
innovative approaches.
Short Note ICIMOD:
Vision
Men, women, and children of the Hindu
Kush Himalayas enjoy improved well being
in a healthy environment.
Mission
To enable sustainable and resilient mountain
development for improved and equitable
livelihoods through knowledge and regional
cooperation.
History
The idea of creating an institution to promote
the ecologically sound development of
mountainous regions was discussed at the
International Workshop on the Development
of Mountain Environment in December 1974
in Munich, Germany, but it was only five
years later in 1979 during a United Nations
Educational, Scientific and Cultural
Organisation (UNESCO) Regional Meeting
in Kathmandu, under the framework of the
Man and the Biosphere Programme, that
concrete commitments were made to
establish the centre. The Government of
Nepal offered to host the new institution, and
the Governments of Switzerland and the
Federal Republic of Germany and UNESCO
agreed to act as the founding sponsors. His
Majesty's Government of Nepal and
UNESCO signed the agreement that provided
the legal basis for establishing the Centre in
September 1981 in Paris. The centre was
finally established and inaugurated on 5
December 1983 with its headquarters in
Lalitpur, Nepal, and legitimised through an
Act of Parliament in Nepal in the same year.
The present Director General is Dr. Pema
Gyamtsho.
1. Assignment:
Discuss the role of ICIMOD in the environmental
protection in your own words.
C. International Organization
1. UN (all change la)
As the world's only truly universal global organization, the United
Nations has become the foremost forum to address issues that
transcend national boundaries…
Un charter
CHARTER OF THE UNITED NATIONS AND STATUTE
OF THE INTERNATIONAL COURT OF JUSTICE
(SAN FRANCISCO • 1945)
CHARTER OF THE
UNITED NATION
United Nations Charter:
Preamble
WE THE PEOPLES OF THE UNITED NATIONS
DETERMINED
to save succeeding generations from the scourge of
war, which twice in our life-time has brought
untold sorrow to mankind, and
to reaffirm faith in fundamental human rights, in
the dignity and worth of the human person, in the
equal rights of men and women and of nations
large and small, and
to establish conditions under which justice and
respect for the obligations arising from treaties and
other sources of international law can be
maintained, and
 to promote social progress and better standards of
life in larger freedom,
AND FOR THESE ENDS
to practice tolerance and live together in peace with
one another as good neighbors, and
to unite our strength to maintain international
peace and security, and
to ensure, by the acceptance of principles and the
institution of methods, that armed force shall not
be used, save in the common interest, and
to employ international machinery for the
promotion of the economic and social advancement
of all peoples,
HAVE RESOLVED TO COMBINE OUR
EFFORTS TO ACCOMPLISH THESE AIMS.
Accordingly, our respective Governments, through
representatives assembled in the city of San
Francisco, who have exhibited their full powers
found to be in good and due form, have agreed to
the present Charter of the United Nations and do
hereby establish an international organization to be
known as the United Nations.
CHAPTER I PURPOSES AND PRINCIPLES
Article 1
The Purposes of the United Nations are:
1. To maintain international peace and se-curity,
and to that end: to take effective collec-tive
measures for the prevention and removal of threats
to the peace, and for the suppression of acts of
aggression or other breaches of the peace, and to
bring about by peaceful means, and in con-formity
with the principles of justice and inter-national law,
adjustment or settlement of inter-national disputes
or situations which might lead to a breach of the
peace;
2. To develop friendly relations among nations
based on respect for the principle of equal rights
and self-determination of peoples, and to take other
appropriate measures to strengthen univer-sal
peace;
3. To achieve international cooperation in solving
international problems of an economic, social,
cultural, or humanitarian character, and in
promoting and encouraging respect for human
rights and for fundamental freedoms for all with-
out distinction as to race, sex, language, or re-
ligion; and
4. To be a center for harmonizing the actions of
nations in the attainment of these common ends.
Article 2
The Organization and its Members, in pursuit of
the Purposes stated in Article 1, shall act in
accordance with the following Principles.
1. The Organization is based on the principle of the
sovereign equality of all its Members.
2. All Members, in order to ensure to all of them
the rights and benefits resulting from mem-bership,
shall fulfil in good faith the obligations assumed by
them in accordance with the present Charter.
3. All Members shall settle their international
disputes by peaceful means in such a manner that
international peace and security, and justice, are
not endangered.
4. All Members shall refrain in their interna-tional
relations from the threat or use of force against the
territorial integrity or political inde-pendence of
any state, or in any other manner inconsistent with
the Purposes of the United Nations.
5. All Members shall give the United Nations
every assistance in any action it takes in accord-
ance with the present Charter, and shall refrain
from giving assistance to any state against which
the United Nations is taking preventive or enforce-
ment action.
6. The Organization shall ensure that states which
are not Members of the United Nations act in
accordance with these Principles so far as may be
necessary for the maintenance of international
peace and security.
7. Nothing contained in the present Charter shall
authorize the United Nations to intervene in
matters which are essentially within the domestic
jurisdiction of any state or shall require the Mem-
bers to submit such matters to settlement under the
present Charter; but this principle shall not
prejudice the application of enforcement meas-ures
under Chapter VII.
CHAPTER II MEMBERSHIP
Article 3
The original Members of the United Nations shall
be the states which, having participated in the
United Nations Conference on International
Organization at San Francisco, or having previ-
ously signed the Declaration by United Nations of
January 1,1942, sign the present Charter and ratify
it in accordance with Article 110.
Article 4
1. Membership in the United Nations is open to all
other peace-loving states which accept the
obligations contained in the present Charter and, in
the judgment of the Organization, are able and
willing to carry out these obligations.
2. The admission of any such state to mem-bership
in the United Nations will be effected by a decision
of the General Assembly upon the recom-
mendation of the Security Council.
Article 5
A Member of the United Nations against which
preventive or enforcement action has been taken by
the Security Council may be suspended from the
exercise of the rights and privileges of mem-
bership by the General Assembly upon the recom-
mendation of the Security Council. The exercise of
these rights and privileges may be restored by the
Security Council.
Article 6
A Member of the United Nations which has
persistently violated the Principles contained in the
present Charter may be expelled from the
Organization by the General Assembly upon the
recommendation of the Security Council.
CHAPTER III
ORGANS
Article 7
1. There are established as the principal or-gans of
the United Nations: a General Assem-bly, a
Security Council, an Economic and Social Council,
a Trusteeship Council, an International Court of
Justice, and a Secretariat.
2. Such subsidiary organs as may be found
necessary may be established in accordance with
the present Charter.
Article 8
The United Nations shall place no restrictions on
the eligibility of men and women to participate in
any capacity and under conditions of equality in-its
principal and subsidiary organs.
CHAPTER IV THE GENERAL ASSEMBLY
Composition
Article 9
1. The General Assembly shall consist of all the
Members of the United Nations.
2. Each Member shall have not more than five
representatives in the General Assembly.
Functions and Powers
Article 10
The General Assembly may discuss any ques-tions
or any matters within the scope of the present
Charter or relating to the powers and functions of
any organs provided for in the present Charter, and,
except as provided in Article 12, may make
recommendations to the Members of the United
Nations or to the Security Council or to both on
any such questions or matters.
Article 11
1. The General Assembly may consider the general
principles of cooperation in the mainte-nance of
international peace and security, includ-ing the
principles governing disarmament and the
regulation of armaments, and may make recom-
mendations with regard to such principles to the
Members or to the Security Council or to both.
2. The General Assembly may discuss any
questions relating to the maintenance of inter-
national peace and security brought before it by
any Member of the United Nations, or by the
Security Council, or by a state which is not a
Member of the United Nations in accordance with
Article 35, paragraph 2, and, except as provided in
Article 12, may make recommendations with
regard to any such questions to the state or states
concerned or to the Security Council or to both.
Any such question on which action is necessary
shall be referred to the Security Council by the
General Assembly either before or after dis-
cussion.
3. The General Assembly may call the atten-tion of
the Security Council to situations which are likely
to endanger international peace and security.
4. The powers of the General Assembly set forth in
this Article shall not limit the general scope of
Article 10.
Article 12
1. While the Security Council is exercising in
respect of any dispute or situation the functions
assigned to it in the present Charter, the General
Assembly shall not make any recommendation
with regard to that dispute or situation unless the
Security Council so requests.
2. The Secretary-General, with the consent of the
Security Council, shall notify the General
Assembly at each session of any matters relative to
the maintenance of international peace and security
which are being dealt with by the Security Council
and shall similarly notify the General Assembly, or
the Members of the United Nations if the General
Assembly is not in session, immedi-ately the
Security Council ceases to deal with such matters.
Article 13
1. The General Assembly shall initiate studies and
make recommendations for the purpose of :
a. promoting international cooperation in the
political field and encouraging the progres-sive
development of international law and its
codification;
b. promoting international cooperation in the
economic, social, cultural, educational, and health
fields, and assisting in the realization of human
rights and fundamental freedoms for all without
distinction as to race, sex, language, or religion.
2. The further responsibilities, functions, and
powers of the General Assembly with respect to
matters mentioned in paragraph l(b) above are set
forth in Chapters IX and X.
Article 14
Subject to the provisions of Article 12, the General
Assembly may recommend measures for the
peaceful adjustment of any situation, regard-less of
origin, which it deems likely to impair the general
welfare or friendly relations among na-tions,
including situations resulting from a viola-tion of
the provisions of the present Charter setting forth
the Purposes and Principles of the United Nations.
Article 15
1. The General Assembly shall receive and
consider annual and special reports from the Se-
curity Council; these reports shall include an
account of the measures that the Security Council
has decided upon or taken to maintain interna-
tional peace and security.
2. The General Assembly shall receive and
consider reports from the other organs of the
United Nations.
Article 16
The General Assembly shall perform such
functions with respect to the international trus-
teeship system as are assigned to it under Chap-ters
XII and XIII, including the approval of the
trusteeship agreements for areas not designated as
strategic.
Article 17
1. The General Assembly shall consider and
approve the budget of the Organization.
2. The expenses of the Organization shall be borne
by the Members as apportioned by the General
Assembly.
3. The General Assembly shall consider and
approve any financial and budgetary arrange-ments
with specialized agencies referred to in Article 57
and shall examine the administra-tive budgets of
such specialized agencies with a view to making
recommendations to the agencies concerned.
Voting
Article 18
1. Each member of the General Assembly shall
have one vote.
2. Decisions of the General Assembly on im-
portant questions shall be made by a two-thirds
majority of the members present and voting. These
questions shall include: recommendations with
respect to the maintenance of international peace
and security, the election of the non-perma-nent
members of the Security Council, the elec-tion of
the members of the Economic and Social Council,
the election of members of the Trustee-ship
Council in accordance with paragraph l(c) of
Article 86, the admission of new Members to the
United Nations, the suspension of the rights and
privileges of membership, the expulsion of
Members, questions relating to the operation of the
trusteeship system, and budgetary questions.
3. Decisions on other questions, including the
determination of additional categories of ques-tions
to be decided by a two-thirds majority, shall be
made by a majority of the members present and
voting.
Article 19
A Member of the United Nations which is in
arrears in the payment of its financial contribu-
tions to the Organization shall have no vote in the
General Assembly if the amount of its arrears
equals or exceeds the amount of the contributions
due from it for the preceding two full years. The
General Assembly may, nevertheless, permit such
a Member to vote if it is satisfied that the failure to
pay is due to conditions beyond the control of the
Member.
Procedure
Article 20
The General Assembly shall meet in regular annual
sessions and in such special sessions as occasion
may require. Special sessions shall be convoked by
the Secretary-General at the request of the Security
Council or of a majority of the Members of the
United Nations.
Article 21
The General Assembly shall adopt its own rules of
procedure. It shall elect its President for each
session.
Article 22
The General Assembly may establish such
subsidiary organs as it deems necessary for the
performance of its functions.
CHAPTER V THE SECURITY COUNCIL
Composition
Article 23
1. The Security Council shall consist of eleven
Members of the United Nations. The Republic of
China, France, the Union of Soviet Socialist
Republics, the United Kingdom of Great Britain
and Northern Ireland, and the United States of
America shall be permanent members of the
Security Council. The General Assembly shall
elect six other Members of the United Nations to
be non-permanent members of the Security Coun-
cil, due regard being specially paid, in the first
instance to the contribution of Members of the
United Nations to the maintenance of interna-tional
peace and security and to the other pur-poses of the
Organization, and also to equitable geographical
distribution.
2. The non-permanent members of the Se-curity
Council shall be elected for a term of two years. In
the first election of the non-permanent members,
however, three shall be chosen for a term of one
year. A retiring member shall not be eligible for
immediate re-election.
3. Each member of the Security Council shall have
one representative.
Functions and Powers
Article 24
1. In order to ensure prompt and effective action by
the United Nations, its Members confer on the
Security Council primary responsibility for the
maintenance of international peace and security,
and agree that in carrying out its duties under this
responsibility the Security Council acts on their
behalf.
2. In discharging these duties the Security Council
shall act in accordance with the Purposes and
Principles of the United Nations. The specific
powers granted to the Security Council for the
discharge of these duties are laid down in Chapters
VI, VII, VIII, and XII.
3. The Security Council shall submit annual and,
when necessary, special reports to the Gen-eral
Assembly for its consideration.
Article 25
The Members of the United Nations agree to
accept and carry out the decisions of the Security
Council in accordance with the present Charter.
Article 26
In order to promote the establishment and
maintenance of international peace and security
with the least diversion for armaments of the
world's human and economic resources, the Se-
curity Council shall be responsible for formulat-
ing, with the assistance of the Military Staff Com-
mittee referred to in Article 47, plans to be sub-
mitted to the Members of the United Nations for
the establishment of a system for the regulation "of
armaments.
Voting
Article 27
1. Each member of the Security Council shall have
one vote.
2. Decisions of the Security Council on pro-cedural
matters shall be made by an affirmative vote of
seven members.
3. Decisions of the Security Council on all other
matters shall be made by an affirmative vote of
seven members including the concurring votes of
the permanent members ; provided that, in deci-
sions under Chapter VI, and under paragraph 3 of
Article 52, a party to a dispute shall abstain from
voting. Procedure
Article 28
1. The Security Council shall be so organized as to
be able to function continuously. Each member of
the Security Council shall for this pur-pose be
represented at all times at the seat of the
Organization.
2. The Security Council shall hold periodic
meetings at which each of its members may, if it so
desires, be represented by a member of the
government or by some other specially designated
representative.
3. The Security Council may hold meetings at such
places other than the seat of the Organization as in
its judgment will best facilitate its work.
Article 29
The Security Council may establish such sub-
sidiary organs as it deems necessary for the per-
formance of its functions.
Article 30
The Security Council shall adopt its own rules of
procedure, including the method of selecting its
President.
Article 31
Any Member of the United Nations which is not a
member of the Security Council may participate,
without vote, in the discussion of any question
brought before the Security Council whenever the
latter considers that the interests of that Member
are specially affected.
Article 32
Any Member of the United Nations which is not a
member of the Security Council or any state which
is not a Member of the United Nations, if it is a
party to a dispute under consideration by the
Security Council, shall be invited to partici-pate,
without vote, in the discussion relating to the
dispute. The Security Council shall lay down such
conditions as it deems just for the participa-tion, of
a state which is not a Member of the United
Nations.
CHAPTER VI PACIFIC SETTLEMENT OF
DISPUTES
Article 33
1. The parties to any dispute, the continuance of
which is likely to endanger the maintenance of
international peace and security, shall, first of all,
seek a solution by negotiation, enquiry, mediation,
conciliation, arbitration, judicial settlement, re-sort
to regional agencies or arrangements, or other
peaceful means of their own choice.
2. The Security Council shall, when it deems
necessary, call upon the parties to settle their
dispute by such means.
Article 34
The Security Council may investigate any dis-pute,
or any situation which might lead to inter-national
friction or give rise to a dispute, in order to
determine whether the continuance of the dis-pute
or situation is likely to endanger the main-tenance
of international peace and security.
Article 35
1. Any Member of the United Nations may bring
any dispute, or any situation of the nature referred
to in Article 34, to the attention of the Security
Council or of the General Assembly.
2. A state which is not a Member of the United
Nations may bring to the attention of the Security
Council or of the General Assembly any dispute to
which it is a party if it accepts in advance, for the
purposes of the dispute, the obligations of pacific
settlement provided in the present Charter.
3. The proceedings of the General Assembly in
respect of matters brought to its attention under this
Article will be subject to the provisions of Articles
11 and 12.
Article 36
1. The Security Council may, at any stage of a
dispute of the nature referred to in Article 33 or of
a situation of like nature, recommend appro-priate
procedures or methods of adjustment.
2. The Security Council should take into con-
sideration any procedures for the settlement of the
dispute which have already been adopted by the
parties.
3. In making recommendations under this Ar-ticle
the Security Council should also take into
consideration that legal disputes should as a gen-
eral rule be referred by the parties to the Interna-
tional Court of Justice in accordance with the
provisions of the Statute of the Court.
Article 37
1. Should the parties to a dispute of the nature
referred to in Article 33 fail to settle it by the
means indicated in that Article, they shall refer it to
the Security Council.
2. If the Security Council deems that the
continuance of the dispute is in fact likely to
endanger the maintenance of international peace
and security, it shall decide whether to take action
under Article 36 or to recommend such terms of
settlement as it may consider appropriate.
Article 38
Without prejudice to the provisions of Articles 33 to
37, the Security Council may, if all the parties to any
dispute so request, make recommendations to the
parties with a view to a pacific settlement of the
dispute.
Chapter VII: Action with Respect to Threats to the
Peace, Breaches of the Peace, and Acts of
Aggression (Articles 39-51)
Article 39
The Security Council shall determine the existence of
any threat to the peace, breach of the peace, or act of
aggression and shall make recommendations, or
decide what measures shall be taken in accordance
with Articles 41 and 42, to maintain or restore
international peace and security.
Article 40
In order to prevent an aggravation of the situation,
the Security Council may, before making the
recommendations or deciding upon the measures
provided for in Article 39, call upon the parties
concerned to comply with such provisional measures
as it deems necessary or desirable. Such provisional
measures shall be without prejudice to the rights,
claims, or position of the parties concerned. The
Security Council shall duly take account of failure to
comply with such provisional measures.
Article 41
The Security Council may decide what measures not
involving the use of armed force are to be employed
to give effect to its decisions, and it may call upon
the Members of the United Nations to apply such
measures. These may include complete or partial
interruption of economic relations and of rail, sea,
air, postal, telegraphic, radio, and other means of
communication, and the severance of diplomatic
relations.
Article 42
Should the Security Council consider that measures
provided for in Article 41 would be inadequate or
have proved to be inadequate, it may take such action
by air, sea, or land forces as may be necessary to
maintain or restore international peace and security.
Such action may include demonstrations, blockade,
and other operations by air, sea, or land forces of
Members of the United Nations.
Article 43
1. All Members of the United Nations, in order
to contribute to the maintenance of
international peace and security, undertake to
make available to the Security Council, on its
call and in accordance with a special
agreement or agreements, armed forces,
assistance, and facilities, including rights of
passage, necessary for the purpose of
maintaining international peace and security.
2. Such agreement or agreements shall govern
the numbers and types of forces, their degree
of readiness and general location, and the
nature of the facilities and assistance to be
provided.
3. The agreement or agreements shall be
negotiated as soon as possible on the
initiative of the Security Council. They shall
be concluded between the Security Council
and Members or between the Security
 Council and groups of Members and shall be
subject to ratification by the signatory states
in accordance with their respective
constitutional processes.
Article 44
When the Security Council has decided to use force
it shall, before calling upon a Member not
represented on it to provide armed forces in
fulfilment of the obligations assumed under Article
43, invite that Member, if the Member so desires, to
participate in the decisions of the Security Council
concerning the employment of contingents of that
Member's armed forces.
Article 45
In order to enable the United Nations to take urgent
military measures, Members shall hold immediately
available national air-force contingents for combined
international enforcement action. The strength and
degree of readiness of these contingents and plans for
their combined action shall be determined within the
limits laid down in the special agreement or
agreements referred to in Article 43, by the Security
Council with the assistance of the Military Staff
Committee.
Article 46
Plans for the application of armed force shall be
made by the Security Council with the assistance of
the Military Staff Committee.
Article 47
1. There shall be established a Military Staff
Committee to advise and assist the Security
Council on all questions relating to the
Security Council's military requirements for
the maintenance of international peace and
security, the employment and command of
forces placed at its disposal, the regulation of
armaments, and possible disarmament.
2. The Military Staff Committee shall consist of
the Chiefs of Staff of the permanent members
of the Security Council or their
representatives. Any Member of the United
 Nations not permanently represented on the
Committee shall be invited by the Committee
to be associated with it when the efficient
discharge of the Committee's responsibilities
requires the participation of that Member in
its work.
3. The Military Staff Committee shall be
responsible under the Security Council for
the strategic direction of any armed forces
placed at the disposal of the Security Council.
Questions relating to the command of such
forces shall be worked out subsequently.
4. The Military Staff Committee, with the
authorization of the Security Council and
after consultation with appropriate regional
agencies, may establish regional sub-
committees.
Article 48
1. The action required to carry out the decisions
of the Security Council for the maintenance
of international peace and security shall be
taken by all the Members of the United
Nations or by some of them, as the Security
Council may determine.
2. Such decisions shall be carried out by the
Members of the United Nations directly and
through their action in the appropriate
international agencies of which they are
members.
Article 49
The Members of the United Nations shall join in
affording mutual assistance in carrying out the
measures decided upon by the Security Council.
Article 50
If preventive or enforcement measures against any
state are taken by the Security Council, any other
state, whether a Member of the United Nations or
not, which finds itself confronted with special
economic problems arising from the carrying out of
those measures shall have the right to consult the
Security Council with regard to a solution of those
problems.
Article 51
Nothing in the present Charter shall impair the
inherent right of individual or collective self-defence
if an armed attack occurs against a Member of the
United Nations, until the Security Council has taken
measures necessary to maintain international peace
and security. Measures taken by Members in the
exercise of this right of self-defence shall be
immediately reported to the Security Council and
shall not in any way affect the authority and
responsibility of the Security Council under the
present Charter to take at any time such action as it
deems necessary in order to maintain or restore
international peace and security.
Chapter VIII: Regional Arrangements (Articles 52-
54)
Article 52
1. Nothing in the present Charter precludes the
existence of regional arrangements or
agencies for dealing with such matters
relating to the maintenance of international
peace and security as are appropriate for
regional action provided that such
arrangements or agencies and their activities
are consistent with the Purposes and
Principles of the United Nations.
2. The Members of the United Nations entering
into such arrangements or constituting such
agencies shall make every effort to achieve
pacific settlement of local disputes through
such regional arrangements or by such
regional agencies before referring them to the
Security Council.
3. The Security Council shall encourage the
development of pacific settlement of local
disputes through such regional arrangements
or by such regional agencies either on the
initiative of the states concerned or by
reference from the Security Council.
4. This Article in no way impairs the application
of Articles 34 and 35.
Article 53
1. The Security Council shall, where
appropriate, utilize such regional
 arrangements or agencies for enforcement The Security Council shall at all times be kept fully
action under its authority. But no informed of activities undertaken or in contemplation
enforcement action shall be taken under under regional arrangements or by regional agencies
regional arrangements or by regional for the maintenance of international peace and
agencies without the authorization of the security.
Security Council, with the exception of
measures against any enemy state, as defined
in paragraph 2 of this Article, provided for
pursuant to Article 107 or in regional Chapter IX: International Economic and Social
arrangements directed against renewal of Cooperation (Articles 55-60)
aggressive policy on the part of any such
state, until such time as the Organization Article 55
may, on request of the Governments
With a view to the creation of conditions of stability
concerned, be charged with the responsibility
and well-being which are necessary for peaceful and
for preventing further aggression by such a
friendly relations among nations based on respect for
state.
the principle of equal rights and self-determination of
2. The term enemy state as used in paragraph 1
peoples, the United Nations shall promote:
of this Article applies to any state which
during the Second World War has been an
1. higher standards of living, full employment,
enemy of any signatory of the present
and conditions of economic and social
Charter.
progress and development;
Article 54 2. solutions of international economic, social,
health, and related problems; and
 international cultural and educational
cooperation; and
3. universal respect for, and observance of,
human rights and fundamental freedoms for
all without distinction as to race, sex,
language, or religion.
Article 56
All Members pledge themselves to take joint and
separate action in co-operation with the Organization
for the achievement of the purposes set forth in
Article 55.
Article 57
1. The various specialized agencies, established
by intergovernmental agreement and having
wide international responsibilities, as defined
in their basic instruments, in economic,
social, cultural, educational, health, and
related fields, shall be brought into
relationship with the United Nations in
accordance with the provisions of Article 63.
2. Such agencies thus brought into relationship
with the United Nations are hereinafter
referred to as specialized agencies.
Article 58
The Organization shall make recommendations for
the co-ordination of the policies and activities of the
specialized agencies.
Article 59
The Organization shall, where appropriate, initiate
negotiations among the states concerned for the
creation of any new specialized agencies required for
the accomplishment of the purposes set forth in
Article 55.
Article 60
Responsibility for the discharge of the functions of
the Organization set forth in this Chapter shall be
vested in the General Assembly and, under the
authority of the General Assembly, in the Economic
and Social Council, which shall have for this purpose
the powers set forth in Chapter X.
Chapter X: The Economic and Social Council
(Articles 61-72)
COMPOSITION
Article 61
1. The Economic and Social Council shall
consist of fifty-four Members of the United
Nations elected by the General Assembly.
2. Subject to the provisions of paragraph 3,
eighteen members of the Economic and
Social Council shall be elected each year for
a term of three years. A retiring member shall
be eligible for immediate re-election.
3. At the first election after the increase in the
membership of the Economic and Social
Council from twenty-seven to fifty-four
members, in addition to the members elected
in place of the nine members whose term of
office expires at the end of that year, twenty-
seven additional members shall be elected. Of
these twenty-seven additional members, the
term of office of nine members so elected
shall expire at the end of one year, and of
nine other members at the end of two years,
in accordance with arrangements made by the
General Assembly.
4. Each member of the Economic and Social
Council shall have one representative.
FUNCTIONS AND POWERS
Article 62
1. The Economic and Social Council may make
or initiate studies and reports with respect to
international economic, social, cultural,
educational, health, and related matters and
may make recommendations with respect to
any such matters to the General Assembly to
the Members of the United Nations, and to
the specialized agencies concerned.
2. It may make recommendations for the
purpose of promoting respect for, and
observance of, human rights and fundamental
freedoms for all.
3. It may prepare draft conventions for
submission to the General Assembly, with
respect to matters falling within its
competence.
4. It may call, in accordance with the rules
prescribed by the United Nations,
international conferences on matters falling
within its competence.
Article 63
1. The Economic and Social Council may enter
into agreements with any of the agencies
referred to in Article 57, defining the terms
on which the agency concerned shall be
brought into relationship with the United
Nations. Such agreements shall be subject to
approval by the General Assembly.
2. It may co-ordinate the activities of the
specialized agencies through consultation
with and recommendations to such agencies
and through recommendations to the General
Assembly and to the Members of the United
Nations.
Article 64
1. The Economic and Social Council may take
appropriate steps to obtain regular reports
from the specialized agencies. It may make
arrangements with the Members of the
United Nations and with the specialized
agencies to obtain reports on the steps taken
to give effect to its own recommendations
and to recommendations on matters falling
within its competence made by the General
Assembly.
2. It may communicate its observations on these
reports to the General Assembly.
Article 65
The Economic and Social Council may furnish
information to the Security Council and shall assist
the Security Council upon its request.
Article 66
1. The Economic and Social Council shall
perform such functions as fall within its
 competence in connection with the carrying
out of the recommendations of the General
Assembly.
2. It may, with the approval of the General
Assembly, perform services at the request of
Members of the United Nations and at the
request of specialized agencies.
3. It shall perform such other functions as are
specified elsewhere in the present Charter or
as may be assigned to it by the General
Assembly.
VOTING
Article 67
1. Each member of the Economic and Social
Council shall have one vote.
2. Decisions of the Economic and Social
Council shall be made by a majority of the
members present and voting.
PROCEDURE
Article 68
The Economic and Social Council shall set up
commissions in economic and social fields and for
the promotion of human rights, and such other
commissions as may be required for the performance
of its functions.
Article 69
The Economic and Social Council shall invite any
Member of the United Nations to participate, without
vote, in its deliberations on any matter of particular
concern to that Member.
Article 70
The Economic and Social Council may make
arrangements for representatives of the specialized
agencies to participate, without vote, in its
deliberations and in those of the commissions
established by it, and for its representatives to
participate in the deliberations of the specialized
agencies.
Article 71
The Economic and Social Council may make
suitable arrangements for consultation with non-
governmental organizations which are concerned
with matters within its competence. Such
arrangements may be made with international
organizations and, where appropriate, with national
organizations after consultation with the Member of
the United Nations concerned.
Article 72
1. The Economic and Social Council shall adopt
its own rules of procedure, including the
method of selecting its President.
2. The Economic and Social Council shall meet
as required in accordance with its rules,
which shall include provision for the
convening of meetings on the request of a
majority of its members.
Chapter XI: Declaration Regarding Non-Self-
Governing Territories (Articles 73-74)
Article 73
Members of the United Nations which have or
assume responsibilities for the administration of
territories whose peoples have not yet attained a full
measure of self-government recognize the principle
that the interests of the inhabitants of these territories
are paramount, and accept as a sacred trust the
obligation to promote to the utmost, within the
system of international peace and security established
by the present Charter, the well-being of the
inhabitants of these territories, and, to this end:
1. to ensure, with due respect for the culture of
the peoples concerned, their political,
economic, social, and educational
advancement, their just treatment, and their
protection against abuses;
2. to develop self-government, to take due
account of the political aspirations of the
peoples, and to assist them in the progressive
development of their free political
institutions, according to the particular
circumstances of each territory and its
peoples and their varying stages of
advancement;
3. to further international peace and security;
 4. to promote constructive measures of
development, to encourage research, and to
co-operate with one another and, when and
where appropriate, with specialized
international bodies with a view to the
practical achievement of the social,
economic, and scientific purposes set forth in
this Article; and
5. to transmit regularly to the Secretary-General
for information purposes, subject to such
limitation as security and constitutional
considerations may require, statistical and
other information of a technical nature
relating to economic, social, and educational
conditions in the territories for which they are
respectively responsible other than those
territories to which Chapters XII and XIII
apply.
Article 74
Members of the United Nations also agree that their
policy in respect of the territories to which this
Chapter applies, no less than in respect of their
metropolitan areas, must be based on the general
principle of good-neighbourliness, due account being
taken of the interests and well-being of the rest of the
world, in social, economic, and commercial matters.
Chapter XII: International Trusteeship System
(Articles 75-85)
Article 75
The United Nations shall establish under its authority
an international trusteeship system for the
administration and supervision of such territories as
may be placed thereunder by subsequent individual
agreements. These territories are hereinafter referred
to as trust territories.
Article 76
The basic objectives of the trusteeship system, in
accordance with the Purposes of the United Nations
laid down in Article 1 of the present Charter, shall
be:
1. to further international peace and security;
2. to promote the political, economic, social,
and educational advancement of the
 inhabitants of the trust territories, and their
progressive development towards self-
government or independence as may be
appropriate to the particular circumstances of
each territory and its peoples and the freely
expressed wishes of the peoples concerned,
and as may be provided by the terms of each
trusteeship agreement;
3. to encourage respect for human rights and for
fundamental freedoms for all without
distinction as to race, sex, language, or
religion, and to encourage recognition of the
interdependence of the peoples of the world;
and
4. to ensure equal treatment in social, economic,
and commercial matters for all Members of
the United Nations and their nationals, and
also equal treatment for the latter in the
administration of justice, without prejudice to
the attainment of the foregoing objectives and
subject to the provisions of Article 80.
Article 77
1. The trusteeship system shall apply to such
territories in the following categories as may
be placed thereunder by means of trusteeship
agreements:
1. territories now held under mandate;
2. territories which may be detached from
enemy states as a result of the Second
World War; and
3. territories voluntarily placed under the
system by states responsible for their
administration.
2. It will be a matter for subsequent agreement
as to which territories in the foregoing
categories will be brought under the
trusteeship system and upon what terms.
Article 78
The trusteeship system shall not apply to territories
which have become Members of the United Nations,
relationship among which shall be based on respect
for the principle of sovereign equality.
Article 79
The terms of trusteeship for each territory to be
placed under the trusteeship system, including any
alteration or amendment, shall be agreed upon by the
states directly concerned, including the mandatory
power in the case of territories held under mandate
by a Member of the United Nations, and shall be
approved as provided for in Articles 83 and 85.
Article 80
1. Except as may be agreed upon in individual
trusteeship agreements, made under Articles
77, 79, and 81, placing each territory under
the trusteeship system, and until such
agreements have been concluded, nothing in
this Chapter shall be construed in or of itself
to alter in any manner the rights whatsoever
of any states or any peoples or the terms of
existing international instruments to which
Members of the United Nations may
respectively be parties.
2. Paragraph 1 of this Article shall not be
interpreted as giving grounds for delay or
postponement of the negotiation and
conclusion of agreements for placing
mandated and other territories under the
trusteeship system as provided for in Article
77.
Article 81
The trusteeship agreement shall in each case include
the terms under which the trust territory will be
administered and designate the authority which will
exercise the administration of the trust territory. Such
authority, hereinafter called the administering
authority, may be one or more states or the
Organization itself.
Article 82
There may be designated, in any trusteeship
agreement, a strategic area or areas which may
include part or all of the trust territory to which the
agreement applies, without prejudice to any special
agreement or agreements made under Article 43.
Article 83
1. All functions of the United Nations relating
to strategic areas, including the approval of
the terms of the trusteeship agreements and of
their alteration or amendment shall be
exercised by the Security Council.
2. The basic objectives set forth in Article 76
shall be applicable to the people of each
strategic area.
3. The Security Council shall, subject to the
provisions of the trusteeship agreements and
without prejudice to security considerations,
avail itself of the assistance of the
Trusteeship Council to perform those
functions of the United Nations under the
trusteeship system relating to political,
economic, social, and educational matters in
the strategic areas.
Article 84
It shall be the duty of the administering authority to
ensure that the trust territory shall play its part in the
maintenance of international peace and security. To
this end the administering authority may make use of
volunteer forces, facilities, and assistance from the
trust territory in carrying out the obligations towards
the Security Council undertaken in this regard by the
administering authority, as well as for local defence
and the maintenance of law and order within the trust
territory.
Article 85
1. The functions of the United Nations with
regard to trusteeship agreements for all areas
not designated as strategic, including the
approval of the terms of the trusteeship
agreements and of their alteration or
amendment, shall be exercised by the General
Assembly.
2. The Trusteeship Council, operating under the
authority of the General Assembly shall assist
the General Assembly in carrying out these
functions.
Chapter XIII: The Trusteeship Council (Articles
86-91)
COMPOSITION
Article 86
1. The Trusteeship Council shall consist of the
following Members of the United Nations:
1. those Members administering trust
territories;
2. such of those Members mentioned by
name in Article 23 as are not
administering trust territories; and
3. as many other Members elected for
three-year terms by the General
Assembly as may be necessary to
ensure that the total number of members
of the Trusteeship Council is equally
divided between those Members of the
United Nations which administer trust
territories and those which do not.
2. Each member of the Trusteeship Council
shall designate one specially qualified person
to represent it therein.
FUNCTIONS AND POWERS
Article 87
The General Assembly and, under its authority, the
Trusteeship Council, in carrying out their functions,
may:
1. consider reports submitted by the
administering authority;
2. accept petitions and examine them in
consultation with the administering authority;
3. provide for periodic visits to the respective
trust territories at times agreed upon with the
administering authority; and
4. take these and other actions in conformity
with the terms of the trusteeship agreements.
Article 88
The Trusteeship Council shall formulate a
questionnaire on the political, economic, social, and
educational advancement of the inhabitants of each
trust territory, and the administering authority for
each trust territory within the competence of the
General Assembly shall make an annual report to the
General Assembly upon the basis of such
questionnaire.
VOTING
Article 89
1. Each member of the Trusteeship Council
shall have one vote.
2. Decisions of the Trusteeship Council shall be
made by a majority of the members present
and voting.
PROCEDURE
Article 90
1. The Trusteeship Council shall adopt its own
rules of procedure, including the method of
selecting its President.
2. The Trusteeship Council shall meet as
required in accordance with its rules, which
shall include provision for the convening of
meetings on the request of a majority of its
members.
Article 91
The Trusteeship Council shall, when appropriate,
avail itself of the assistance of the Economic and
Social Council and of the specialized agencies in
regard to matters with which they are respectively
concerned.
Chapter XIV: The International Court of Justice
(Articles 92-96)
Article 92
The International Court of Justice shall be the
principal judicial organ of the United Nations. It shall
function in accordance with the annexed Statute,
which is based upon the Statute of the Permanent
Court of International Justice and forms an integral
part of the present Charter.
Article 93
1. All Members of the United Nations are ipso
facto parties to the Statute of the International
Court of Justice.
 2. A state which is not a Member of the United
Nations may become a party to the Statute of
the International Court of Justice on
conditions to be determined in each case by
the General Assembly upon the
recommendation of the Security Council.
Article 94
1. Each Member of the United Nations
undertakes to comply with the decision of the
International Court of Justice in any case to
which it is a party.
2. If any party to a case fails to perform the
obligations incumbent upon it under a
judgment rendered by the Court, the other
party may have recourse to the Security
Council, which may, if it deems necessary,
make recommendations or decide upon
measures to be taken to give effect to the
judgment.
Article 95
Nothing in the present Charter shall prevent
Members of the United Nations from entrusting the
solution of their differences to other tribunals by
virtue of agreements already in existence or which
may be concluded in the future.
Article 96
1. The General Assembly or the Security
Council may request the International Court
of Justice to give an advisory opinion on any
legal question.
2. Other organs of the United Nations and
specialized agencies, which may at any time
be so authorized by the General Assembly,
may also request advisory opinions of the
Court on legal questions arising within the
scope of their activities.
Chapter XV: The Secretariat (Articles 97-101)
Article 97
The Secretariat shall comprise a Secretary-General
and such staff as the Organization may require. The
Secretary-General shall be appointed by the General
Assembly upon the recommendation of the Security
Council. He shall be the chief administrative officer
of the Organization.
Article 98
The Secretary-General shall act in that capacity in all
meetings of the General Assembly, of the Security
Council, of the Economic and Social Council, and of
the Trusteeship Council, and shall perform such other
functions as are entrusted to him by these organs.
The Secretary-General shall make an annual report to
the General Assembly on the work of the
Organization.
Article 101
Article 99
The Secretary-General may bring to the attention of
the Security Council any matter which in his opinion
may threaten the maintenance of international peace
and security.
Article 100
1. In the performance of their duties the
Secretary-General and the staff shall not seek
or receive instructions from any government
or from any other authority external to the
Organization. They shall refrain from any
action which might reflect on their position as
international officials responsible only to the
Organization.
2. Each Member of the United Nations
undertakes to respect the exclusively
international character of the responsibilities
of the Secretary-General and the staff and not
to seek to influence them in the discharge of
their responsibilities.
1. The staff shall be appointed by the Secretary-
General under regulations established by the
General Assembly.
2. Appropriate staffs shall be permanently
assigned to the Economic and Social Council,
the Trusteeship Council, and, as required, to
other organs of the United Nations. These
staffs shall form a part of the Secretariat.
3. The paramount consideration in the
employment of the staff and in the
 determination of the conditions of service
shall be the necessity of securing the highest
standards of efficiency, competence, and
integrity. Due regard shall be paid to the
importance of recruiting the staff on as wide a
geographical basis as possible.
Chapter XVI: Miscellaneous Provisions (Articles
102-105)
Article 102
1. Every treaty and every international
agreement entered into by any Member of the
United Nations after the present Charter
comes into force shall as soon as possible be
registered with the Secretariat and published
by it.
2. No party to any such treaty or international
agreement which has not been registered in
accordance with the provisions of paragraph
1 of this Article may invoke that treaty or
agreement before any organ of the United
Nations.
Article 103
In the event of a conflict between the obligations of
the Members of the United Nations under the present
Charter and their obligations under any other
international agreement, their obligations under the
present Charter shall prevail.
Article 104
The Organization shall enjoy in the territory of each
of its Members such legal capacity as may be
necessary for the exercise of its functions and the
fulfilment of its purposes.
Article 105
1. The Organization shall enjoy in the territory
of each of its Members such privileges and
immunities as are necessary for the fulfilment
of its purposes.
2. Representatives of the Members of the
United Nations and officials of the
Organization shall similarly enjoy such
privileges and immunities as are necessary
 for the independent exercise of their functions
in connection with the Organization.
3. The General Assembly may make
recommendations with a view to determining
the details of the application of paragraphs 1
and 2 of this Article or may propose
conventions to the Members of the United
Nations for this purpose.
Chapter XVII: Transitional Security Arrangements
(Articles 106-107
Article 106
Pending the coming into force of such special
agreements referred to in Article 43 as in the opinion
of the Security Council enable it to begin the exercise
of its responsibilities under Article 42, the parties to
the Four-Nation Declaration, signed at Moscow, 30
October 1943, and France, shall, in accordance with
the provisions of paragraph 5 of that Declaration,
consult with one another and as occasion requires
with other Members of the United Nations with a
view to such joint action on behalf of the
Organization as may be necessary for the purpose of
maintaining international peace and security.
Article 107
Nothing in the present Charter shall invalidate or
preclude action, in relation to any state which during
the Second World War has been an enemy of any
signatory to the present Charter, taken or authorized
as a result of that war by the Governments having
responsibility for such action.
Chapter XVIII: Amendments (Articles 108-109)
Article 108
Amendments to the present Charter shall come into
force for all Members of the United Nations when
they have been adopted by a vote of two thirds of the
members of the General Assembly and ratified in
accordance with their respective constitutional
processes by two thirds of the Members of the United
Nations, including all the permanent members of the
Security Council.
Article 109 conference shall be held if so decided by a
majority vote of the members of the General
1. A General Conference of the Members of the Assembly and by a vote of any seven
United Nations for the purpose of reviewing members of the Security Council.
the present Charter may be held at a date and
place to be fixed by a two-thirds vote of the Chapter XIX: Ratification and Signature (Articles
members of the General Assembly and by a 110-111)
vote of any nine members of the Security
Council. Each Member of the United Nations Article 110
shall have one vote in the conference.
1. The present Charter shall be ratified by the
2. Any alteration of the present Charter
signatory states in accordance with their
recommended by a two-thirds vote of the
respective constitutional processes.
conference shall take effect when ratified in
2. The ratifications shall be deposited with the
accordance with their respective
Government of the United States of America,
constitutional processes by two thirds of the
which shall notify all the signatory states of
Members of the United Nations including all
each deposit as well as the Secretary-General
the permanent members of the Security
of the Organization when he has been
Council.
appointed.
3. If such a conference has not been held before
3. The present Charter shall come into force
the tenth annual session of the General
upon the deposit of ratifications by the
Assembly following the coming into force of
Republic of China, France, the Union of
the present Charter, the proposal to call such
Soviet Socialist Republics, the United
a conference shall be placed on the agenda of
Kingdom of Great Britain and Northern
that session of the General Assembly, and the
Ireland, and the United States of America,
 and by a majority of the other signatory
states. A protocol of the ratifications
deposited shall thereupon be drawn up by the
Government of the United States of America
which shall communicate copies thereof to all
the signatory states.
4. The states signatory to the present Charter
which ratify it after it has come into force
will become original Members of the United
Nations on the date of the deposit of their
respective ratifications.
Article 111
The present Charter, of which the Chinese, French,
Russian, English, and Spanish texts are equally
authentic, shall remain deposited in the archives of
the Government of the United States of America.
Duly certified copies thereof shall be transmitted by
that Government to the Governments of the other
signatory states.
In Faith Whereof the representatives of the
Governments of the United Nations have signed the
present Charter. DONE at the city of San Francisco
the twenty-sixth day of June, one thousand nine
hundred and forty-five.
Amendments to Articles 23, 27, 61, 109
Amendments to Articles 23, 27 and 61 of the Charter
were adopted by the General Assembly on 17
December 1963 and came into force on 31 August
1965. A further amendment to Article 61 was
adopted by the General Assembly on 20 December
1971, and came into force on 24 September 1973. An
amendment to Article 109, adopted by the General
Assembly on 20 December 1965, came into force on
12 June 1968.
The amendment to Article 23 enlarges the
membership of the Security Council from eleven to
fifteen. The amended Article 27 provides that
decisions of the Security Council on procedural
matters shall be made by an affirmative vote of nine
members (formerly seven) and on all other matters
by an affirmative vote of nine members (formerly
seven), including the concurring votes of the five
permanent members of the Security Council.
The amendment to Article 61, which entered into
force on 31 August 1965, enlarged the membership
of the Economic and Social Council from eighteen to
twenty-seven. The subsequent amendment to that
Article, which entered into force on 24 September
1973, further increased the membership of the
Council from twenty-seven to fifty-four.
The amendment to Article 109, which relates to the
first paragraph of that Article, provides that a General
Conference of Member States for the purpose of
reviewing the Charter may be held at a date and place
to be fixed by a two-thirds vote of the members of
the General Assembly and by a vote of any nine
members (formerly seven) of the Security Council.
Paragraph 3 of Article 109, which deals with the
consideration of a possible review conference during
the tenth regular session of the General Assembly,
has been retained in its original form in its reference
to a "vote, of any seven members of the Security
Council", the paragraph having been acted upon in
1955 by the General Assembly, at its tenth regular
session, and by the Security Council.
UN Charter in brief
o Preamble
o Chapter I: Purposes and Principles
(Articles 1-2)
o Chapter II: Membership (Articles 3-6)
o Chapter III: Organs (Articles 7-8)
o Chapter IV: The General Assembly
(Articles 9-22)
o Chapter V: The Security Council (Articles
23-32)
o Chapter VI: Pacific Settlement of
Disputes (Articles 33-38)
o Chapter VII: Action with Respect to
Threats to the Peace, Breaches of the
Peace, and Acts of Aggression (Articles
39-51)
o Chapter VIII: Regional Arrangements
(Articles 52-54)
o Chapter IX: International Economic and
Social Cooperation (Articles 55-60)
o Chapter X: The Economic and Social
Council (Articles 61-72)
o Chapter XI: Declaration Regarding Non-
Self-Governing Territories (Articles 73-
74)
 o Chapter XII: International Trusteeship
System (Articles 75-85)
o Chapter XIII: The Trusteeship Council
(Articles 86-91)
o Chapter XIV: The International Court of
Justice (Articles 92-96)
o Chapter XV: The Secretariat (Articles 97-
101)
o Chapter XVI: Miscellaneous Provisions
(Articles 102-105)
o Chapter XVII: Transitional Security
Arrangements (Articles 106-107)
o Chapter XVIII: Amendments (Articles
108-109)
o Chapter XIX: Ratification and Signature
(Articles 110-111)
o Amendments to Articles 23, 27, 61, 109
193 Member States
The United Nations is an international organization founded in
1945. Currently made up of 193 Member States, the UN and
its work are guided by the purposes and principles contained
in its founding Charter.
Who controls the UN?
The UN's chief administrative officer is the Secretary-General,
currently Portuguese politician and diplomat António Guterres,
who began his first five year-term on 1 January 2017 and was re-
elected on 8 June 2021. The organization is financed by assessed
and voluntary contributions from its member states.
ABOUT UN
The United Nations (UN) is an intergovernmental organization aiming
to maintain international peace and security, develop friendly relations
among nations, achieve international cooperation, and be a centre for
harmonizing the actions of nations.[2] It is the world's largest, most
familiar, most representative, and most powerful international
organization.[3] The UN is headquartered on international
territory in New York City and has other main offices
in Geneva, Nairobi, Vienna, and The Hague.
The UN was established after World War II with the aim of preventing
future wars, succeeding the ineffective League of Nations.[4] On 25 April
1945, 50 governments met in San Francisco for a conference and
started drafting the UN Charter, which was adopted on 25 June 1945
and took effect on 24 October 1945, when the UN began operations.
Pursuant to the Charter, the organization's objectives include
maintaining international peace and security, protecting human rights,
delivering humanitarian aid, promoting sustainable development, and
upholding international law.[5] At its founding, the UN had 51 member
states; with the addition of South Sudan in 2011, membership is now
193, representing almost all of the world's sovereign states.[6]
The organization's mission to preserve world peace was complicated in
its early decades by the Cold War between the United
States and Soviet Union and their respective allies. Its missions have
consisted primarily of unarmed military observers and lightly armed
troops with primarily monitoring, reporting and confidence-building
roles.[7] UN membership grew significantly following
widespread decolonization beginning in the 1960s. Since then, 80
former colonies have gained independence, including 11 trust
territories that had been monitored by the Trusteeship Council.[8] By the
1970s, the UN's budget for economic and social development
programmes far outstripped its spending on peacekeeping. After the
end of the Cold War, the UN shifted and expanded its field operations,
undertaking a wide variety of complex tasks.[9]
The UN has six principal organs: the General Assembly; the Security
Council; the Economic and Social Council (ECOSOC); the Trusteeship
Council; the International Court of Justice; and the UN Secretariat.
The UN System includes a multitude of specialized agencies, funds
and programmes such as the World Bank Group, the World Health
Organization, the World Food Programme, UNESCO, and UNICEF.
Additionally, non-governmental organizations may be granted
consultative status with ECOSOC and other agencies to participate in
the UN's work.
The UN's chief administrative officer is the Secretary-General, currently
Portuguese politician and diplomat António Guterres, who began his
first five year-term on 1 January 2017 and was re-elected on 8 June
2021. The organization is financed by assessed and voluntary
contributions from its member states.
The UN, its officers, and its agencies have won many Nobel Peace
Prizes, though other evaluations of its effectiveness have been mixed.
Some commentators believe the organization to be an important force
for peace and human development, while others have called it
ineffective, biased, or corrupt.
History
Main article: History of the United Nations
Background
In the century prior to the UN's creation, several international
organizations such as the International Committee of the Red
Cross were formed to ensure protection and assistance for victims of
armed conflict and strife.[10]
In 1914, a political assassination in Sarajevo set off a chain of
events that led to the outbreak of World War I. As more and more
young men were sent down into the trenches, influential voices in
Britain and the United States began calling for the establishment of a
permanent international body to maintain peace in the postwar world.
President Woodrow Wilson became a vocal advocate of this concept,
and in 1918, he included a sketch of the international body in
his Fourteen Points to end the war. In November 1918, the Central
Powers agreed to an armistice to halt the killing in World War I. Two
months later, the Allies met to hammer out formal peace terms at
the Paris Peace Conference. The League of Nations was approved,
and in the summer of 1919 Wilson presented the Treaty of
Versailles and the Covenant of the League of Nations to the US
Senate which refused to consent to the ratification. On 10 January
1920, the League of Nations formally came into being when the
Covenant of the League of Nations, ratified by 42 nations in 1919, took
effect.[11] The League Council acted as a type of executive body
directing the Assembly's business. It began with four permanent
members – Great Britain, France, Italy, and Japan. Although the United
States never joined the League, the country did support its economic
and social missions through the work of private philanthropies and by
sending representatives to committees.
After some successes and some failures during the 1920s, the League
proved ineffective in the 1930s. It failed to act against the Japanese
invasion of Manchuria as in February 1933. Forty nations voted for
Japan to withdraw from Manchuria but Japan voted against it and
walked out of the League instead of withdrawing from Manchuria.[12] It
also failed against the Second Italo-Ethiopian War, despite trying to
talk to Benito Mussolini, but he used the time to send an army to Africa.
The League had a plan for Mussolini to just take a part of Ethiopia, but
he ignored the League and invaded Ethiopia. The League tried putting
sanctions on Italy, but Italy had already conquered Ethiopia and the
League had failed.[13] After Italy conquered Ethiopia, Italy and other
nations left the league. But all of them realized that it had failed and
they began to re-arm as fast as possible.
During 1938, Britain and France tried negotiating directly with Hitler but
this failed in 1939 when Hitler invaded Czechoslovakia. When war
broke out in 1939, the League closed down, and its headquarters
in Geneva remained empty throughout the war.[14]
Declaration by the allies of world awr II
first specific step towards the establishment of the United Nations was
the Inter-Allied conference that led to the Declaration of St James's
Palace on 12 June 1941.[15][16] By August 1941, American
President Franklin Roosevelt and British Prime Minister Winston
Churchill had drafted the Atlantic Charter to define goals for the post-
war world. At the subsequent meeting of the Inter-Allied Council in
London on 24 September 1941, the eight governments in exile of
countries under Axis occupation, together with the Soviet Union and
representatives of the Free French Forces, unanimously adopted
adherence to the common principles of policy set forth by Britain and
United States.[17][18]
President Roosevelt and Prime Minister Churchill met at the White
House in December 1941 for the Arcadia Conference. Roosevelt
coined the term United Nations to describe the Allied countries. He
suggested it as an alternative to "Associated Powers", which the U.S.
used in World War I (the U.S. was never formally a member of the
Allies of World War I but entered the war in 1917 as a self-styled
"Associated Power"). The British Prime Minister accepted it, noting its
use by Lord Byron in the poem Childe Harold's Pilgrimage.[19][20] The text
of the Declaration by United Nations was drafted on 29 December
1941, by Roosevelt, Churchill, and Roosevelt aide Harry Hopkins. It
incorporated Soviet suggestions but included no role for France. One
major change from the Atlantic Charter was the addition of a provision
for religious freedom, which Stalin approved after Roosevelt insisted.[21]
[22]
Roosevelt's idea of the "Four Powers", referring to the four major Allied
countries, the United States, United Kingdom, Soviet Union,
and Republic of China, emerged in the Declaration by United Nations.
[23]
On New Year's Day 1942, President Roosevelt, Prime Minister
Churchill, Maxim Litvinov, of the USSR, and T. V. Soong, of China,
signed the "Declaration by United Nations",[24] and the next day the
representatives of twenty-two other nations added their signatures.
During the war, "the United Nations" became the official term for the
Allies. To join, countries had to sign the Declaration and declare war
on the Axis powers.[25]
The October 1943 Moscow Conference resulted in the Moscow
Declarations, including the Four Power Declaration on General
Security which aimed for the creation "at the earliest possible date of a
general international organization". This was the first public
announcement that a new international organization was being
contemplated to replace the League of Nations. The Tehran
Conference followed shortly afterwards at which Roosevelt, Churchill
and Stalin met and discussed the idea of a post-war international
organization.
Founding
The new international organization was formulated and negotiated
among the delegations from the Allied Big Four at the Dumbarton Oaks
Conference from 21 September to 7 October 1944. Representatives
from the United States and the United Kingdom met first with those
from the Soviet Union and, in the following week, with representatives
from the Republic of China. They agreed on proposals for the aims,
structure and functioning of the new international organization.[26][27][28] It
took the conference at Yalta, plus further negotiations with Moscow,
before all the issues were resolved.[29]
By 1 March 1945, 21 additional states had signed the Declaration by
United Nations.[30] After months of planning, the UN Conference on
International Organization opened in San Francisco, 25 April 1945,
attended by 50 governments and a number of non-governmental
organizations.[31][32][33] The Big Four sponsoring countries invited other
nations to take part and the heads of the delegations of the four
chaired the plenary meetings.[34] Winston Churchill urged Roosevelt to
restore France to its status of a major Power after the liberation of
Paris in August 1944. The drafting of the Charter of the United
Nations was completed over the following two months; it was signed
on 26 June 1945 by the representatives of the 50 countries. The UN
officially came into existence on 24 October 1945, upon ratification of
the Charter by the five permanent members of the Security Council—
the US, the UK, France, the Soviet Union and the Republic of China—
and by a majority of the other 46 signatories.[35]
The first meetings of the General Assembly, with 51 nations
represented,[a] and the Security Council took place in London beginning
in January 1946.[35] Debates began at once, covering topical issues
such as the presence of Russian troops in Iranian Azerbaijan, British
forces in Greece and within days the first veto was cast.[38]
The General Assembly selected New York City as the site for the
headquarters of the UN, construction began on 14 September 1948
and the facility was completed on 9 October 1952. Its site—like UN
headquarters buildings in Geneva, Vienna, and Nairobi—is designated
as international territory.[39] The Norwegian Foreign Minister, Trygve Lie,
was elected as the first UN Secretary-General.[35]
Cold war era
Though the UN's primary mandate was peacekeeping, the division
between the US and USSR often paralysed the organization, generally
allowing it to intervene only in conflicts distant from the Cold War.
[40]
Two notable exceptions were a Security Council resolution on 7 July
1950 authorizing a US-led coalition to repel the North Korean invasion
of South Korea, passed in the absence of the USSR,[35][41] and the
signing of the Korean Armistice Agreement on 27 July 1953.[42]
On 29 November 1947, the General Assembly approved a
resolution to partition Palestine, approving the creation of the state of
Israel.[43] Two years later, Ralph Bunche, a UN official, negotiated an
armistice to the resulting conflict.[44] On 7 November 1956, the first UN
peacekeeping force was established to end the Suez Crisis;
[45]
however, the UN was unable to intervene against the USSR's
simultaneous invasion of Hungary following that country's revolution.[46]
On 14 July 1960, the UN established United Nations Operation in the
Congo (UNOC), the largest military force of its early decades, to bring
order to the breakaway State of Katanga, restoring it to the control of
the Democratic Republic of the Congo by 11 May 1964.[47] While
traveling to meet rebel leader Moise Tshombe during the conflict, Dag
Hammarskjöld, often named as one of the UN's most effective
Secretaries-General,[48] died in a plane crash; months later he was
posthumously awarded the Nobel Peace Prize.[49] In 1964,
Hammarskjöld's successor, U Thant, deployed the UN Peacekeeping
Force in Cyprus, which would become one of the UN's longest-running
peacekeeping missions.[50]
With the spread of decolonization in the 1960s, the organization's
membership saw an influx of newly independent nations. In 1960
alone, 17 new states joined the UN, 16 of them from Africa.[45] On 25
October 1971, with opposition from the United States, but with the
support of many Third World nations, the mainland,
communist People's Republic of China was given the Chinese seat on
the Security Council in place of the Republic of China that occupied
Taiwan; the vote was widely seen as a sign of waning US influence in
the organization.[51] Third World nations organized into the Group of
77 coalition under the leadership of Algeria, which briefly became a
dominant power at the UN.[52] On 10 November 1975, a bloc comprising
the USSR and Third World nations passed a resolution, over the
strenuous US and Israeli opposition, declaring Zionism to be racism;
the resolution was repealed on 16 December 1991, shortly after the
end of the Cold War.[53][54]
With an increasing Third World presence and the failure of UN
mediation in conflicts in the Middle East, Vietnam, and Kashmir, the
UN increasingly shifted its attention to its ostensibly secondary goals of
economic development and cultural exchange.[55] By the 1970s, the UN
budget for social and economic development was far greater than its
peacekeeping budget.
Post-Cold War
After the Cold War, the UN saw a radical expansion in its
peacekeeping duties, taking on more missions in five years than it had
in the previous four decades.[56] Between 1988 and 2000, the number of
adopted Security Council resolutions more than doubled, and the
peacekeeping budget increased more than tenfold.[57][58][59] The UN
negotiated an end to the Salvadoran Civil War, launched a
successful peacekeeping mission in Namibia, and oversaw democratic
elections in post-apartheid South Africa and post-Khmer
Rouge Cambodia.[60] In 1991, the UN authorized a US-led coalition that
repulsed the Iraqi invasion of Kuwait.[61] Brian Urquhart, Under-
Secretary-General from 1971 to 1985, later described the hopes raised
by these successes as a "false renaissance" for the organization, given
the more troubled missions that followed.[62]
Beginning in the last decades of the Cold War, American and
European critics of the UN condemned the organization for perceived
mismanagement and corruption.[63] In 1984, US President Ronald
Reagan, withdrew his nation's funding from United Nations
Educational, Scientific and Cultural Organization (UNESCO) over
allegations of mismanagement, followed by the UK and Singapore.[64]
[65]
Boutros Boutros-Ghali, Secretary-General from 1992 to 1996,
initiated a reform of the Secretariat, reducing the size of the
organization somewhat.[66][67] His successor, Kofi Annan (1997–2006),
initiated further management reforms in the face of threats from the US
to withhold its UN dues.[67]
Though the UN Charter had been written primarily to prevent
aggression by one nation against another, in the early 1990s the UN
faced a number of simultaneous, serious crises within nations such as
Somalia, Haiti, Mozambique, and the former Yugoslavia.[68] The UN
mission in Somalia was widely viewed as a failure after the US
withdrawal following casualties in the Battle of Mogadishu. The UN
mission to Bosnia faced "worldwide ridicule" for its indecisive and
confused mission in the face of ethnic cleansing.[69] In 1994, the UN
Assistance Mission for Rwanda failed to intervene in the Rwandan
genocide amid indecision in the Security Council.[70]
From the late 1990s to the early 2000s, international interventions
authorized by the UN took a wider variety of forms. United Nations
Security Council Resolution 1244 authorised the NATO-led Kosovo
Force beginning in 1999. The UN mission (1999-2006) in the Sierra
Leone Civil War was supplemented by a British military intervention.
The invasion of Afghanistan in 2001 was overseen by NATO.[71] In
2003, the United States invaded Iraq despite failing to pass a UN
Security Council resolution for authorization, prompting a new round of
questioning of the organization's effectiveness.[72]
Under the eighth Secretary-General, Ban Ki-moon, the UN intervened
with peacekeepers in crises such as the War in Darfur in Sudan and
the Kivu conflict in the Democratic Republic of Congo and sent
observers and chemical weapons inspectors to the Syrian Civil War.
[73]
In 2013, an internal review of UN actions in the final battles of the Sri
Lankan Civil War in 2009 concluded that the organization had suffered
"systemic failure".[74] In 2010, the organization suffered the worst loss of
life in its history, when 101 personnel died in the Haiti earthquake.
[75]
Acting under United Nations Security Council Resolution 1973 in
2011, NATO countries intervened in the Libyan Civil War.
The Millennium Summit was held in 2000 to discuss the UN's role in
the 21st century.[76] The three day meeting was the largest gathering of
world leaders in history, and culminated in the adoption by all member
states of the Millennium Development Goals (MDGs), a commitment to
achieve international development in areas such as poverty
reduction, gender equality, and public health. Progress towards these
goals, which were to be met by 2015, was ultimately uneven. The 2005
World Summit reaffirmed the UN's focus on promoting development,
peacekeeping, human rights, and global security.[77] The Sustainable
Development Goals were launched in 2015 to succeed the Millennium
Development Goals.[78]
In addition to addressing global challenges, the UN has sought to
improve its accountability and democratic legitimacy by engaging more
with civil society and fostering a global constituency.[79] In an effort to
enhance transparency, in 2016 the organization held its first public
debate between candidates for Secretary-General.[80] On 1 January
2017, Portuguese diplomat António Guterres, who previously served
as UN High Commissioner for Refugees, became the ninth Secretary-
General. Guterres has highlighted several key goals for his
administration, including an emphasis on diplomacy for preventing
conflicts, more effective peacekeeping efforts, and streamlining the
organization to be more responsive and versatile to global needs.[81]
Structure
Main article: United Nations System
The UN system is based on five principal organs: the General
Assembly, the Security Council, the Economic and Social
Council (ECOSOC), the International Court of Justice and the UN
Secretariat.[82] A sixth principal organ, the Trusteeship Council,
suspended operations on 1 November 1994, upon the independence
of Palau, the last remaining UN trustee territory.[83]
Four of the five principal organs are located at the main UN
Headquarters in New York City.[84] The International Court of Justice is
located in The Hague, while other major agencies are based in the UN
offices at Geneva,[85] Vienna,[86] and Nairobi.[87] Other UN institutions are
located throughout the world. The six official languages of the UN,
used in intergovernmental meetings and documents,
are Arabic, Chinese, English, French, Russian, and Spanish.[88] On the
basis of the Convention on the Privileges and Immunities of the United
Nations, the UN and its agencies are immune from the laws of the
countries where they operate, safeguarding the UN's impartiality with
regard to the host and member countries.[89]
Below the six organs sit, in the words of the author Linda Fasulo, "an
amazing collection of entities and organizations, some of which are
actually older than the UN itself and operate with almost complete
independence from it".[90] These include specialized agencies, research,
and training institutions, programs and funds, and other UN entities. [91]
The UN obeys the the Noblemaire principle, which is binding on any
organization that belongs to the UN system. This principle calls for
salaries that will draw and keep citizens of countries where salaries
are highest, and also calls for equal pay for work of equal value
independent of the employee's nationality.[92][93] In practice,
the ICSC takes reference to the highest-paying national civil service.
Staff salaries are subject to an internal tax that is administered by
[94]
the UN organizations.[92][95]
Principal organs of the United Nations
[96]
1. United Nations General Assembly (UNGA or GA;
French: Assemblée générale, AG) is one of the six principal organs of
the United Nations (UN), serving as the main deliberative,
policymaking, and representative organ of the UN. Its powers,
composition, functions, and procedures are set out in Chapter IV of the
United Nations Charter. The UNGA is responsible for the UN budget,
appointing the non-permanent members to the Security Council,
appointing the Secretary-General of the United Nations, receiving
reports from other parts of the UN system, and making
recommendations through resolutions.[1] It also establishes
numerous subsidiary organs to advance or assist in its broad mandate.
[2]
The UNGA is the only UN organ wherein all member states have
equal representation.
The General Assembly meets under its president or the UN Secretary-
General in annual sessions at UN headquarters in New York City; the
main part of these meetings generally run from September to part of
January until all issues are addressed (which is often before the next
session starts).[3] It can also reconvene for special and emergency
special sessions. The first session was convened on 10 January 1946
in the Methodist Central Hall in London and included representatives of
the 51 founding nations.
Voting in the General Assembly on certain important questions—
namely recommendations on peace and security; budgetary concerns;
and the election, admission, suspension or expulsion of members—is
by a two-thirds majority of those present and voting. Other questions
are decided by a simple majority. Each member country has one vote.
Apart from the approval of budgetary matters, including the adoption of
a scale of assessment, Assembly resolutions are not binding on the
members. The Assembly may make recommendations on any matters
within the scope of the UN, except matters of peace and security under
the Security Council consideration.
During the 1980s, the Assembly became a forum for "North-South
dialogue" between industrialized nations and developing countries on a
range of international issues. These issues came to the fore because
of the phenomenal growth and changing makeup of the UN
membership. In 1945, the UN had 51 members, which by the 21st
century nearly quadrupled to 193, of which more than two-thirds
are developing. Because of their numbers, developing countries are
often able to determine the agenda of the Assembly (using
coordinating groups like the G77), the character of its debates, and the
nature of its decisions. For many developing countries, the UN is the
source of much of their diplomatic influence and the principal outlet for
their foreign relations initiatives.
Although the resolutions passed by the General Assembly do not have
the binding forces over the member nations (apart from budgetary
measures), pursuant to its Uniting for Peace resolution of November
1950 (resolution 377 (V)), the Assembly may also take action if the
Security Council fails to act, owing to the negative vote of a permanent
member, in a case where there appears to be a threat to the peace,
breach of the peace or act of aggression. The Assembly can consider
the matter immediately with a view to making recommendations to
Members for collective measures to maintain or restore international
peace and security.[4]
United Nations (UN) General Assembly hall at the UN
Headquarters, New York City, 2006
GA
Abbreviation
UNGA
AG
Formation 1945; 76 years ago
Type Principal organ
Legal status Active
Head Volkan Bozkır
(President)
Parent organization United Nations
Website un.org/ga
2. United Nations Secretariat (French: Secrétariat des Nations
unies) is one of the six major organs of the United Nations, with the
others being (a) the General Assembly; (b) the Security Council; (c)
the Economic and Social Council; (d) the defunct Trusteeship Council;
and (e) the International Court of Justice.[1][2] The Secretariat is the
United Nations' executive arm. The Secretariat has an important role in
setting the agenda for the deliberative and decision-making bodies of
the UN (the General Assembly, Economic and Social Council, and
Security Council), and the implementation of the decision of these
bodies. The Secretary-General, who is appointed by the General
Assembly, is the head of the secretariat.[2]
The mandate of the secretariat is a wide one. Dag Hammarskjöld, the
United Nations' second Secretary-General, described its power as
follows: "The United Nations is what member nations made it, but
within the limits set by government action and government
cooperation, much depends on what the Secretariat makes it. It has
creative capacity. It can introduce new ideas. It can, in proper forms,
take initiatives. It can put before member governments findings which
will influence their actions".[3] The United Nations Department of
Political Affairs, which has a role analogous to a ministry of foreign
affairs, is a part of the secretariat. So is the Department of Peace
Operations. The secretariat is the main source of economic and
political analysis for the General Assembly and Security Council; it
administers operations initiated by UN's deliberative organs, operates
political missions, prepares assessments that precede peacekeeping
operations, appoints the heads of peacekeeping operations, conducts
surveys and research, communicates with non-state actors such as
media and non-government organizations, and is responsible for
publishing all of the treaties and international agreements.
Formation 1945
Type Primary Organ
Legal status Active
Head Secretary-General of the United Nations
2017–present
António Guterres
Website un.org/en/index.html
3. International Court of Justice (ICJ; French: Cour internationale
de justice; CIJ), sometimes known as the World Court,[1] is one of
the six principal organs of the United Nations (UN).[2] It settles disputes
between states in accordance with international law and gives advisory
opinions on international legal issues. The ICJ is the only international
court that adjudicates general disputes between countries, with its
rulings and opinions serving as primary sources of international law.
The ICJ is the successor of the Permanent Court of International
Justice (PCIJ), which was established in 1920 by the League of
Nations. After the Second World War, both the League and the PCIJ
were replaced by the United Nations and ICJ, respectively. The Statute
of the ICJ, which sets forth its purpose and structure, draws heavily
from that of its predecessor, whose decisions remain valid. All member
states of the UN are party to the ICJ Statute and may initiate
contentious cases; however, advisory proceedings may only be
submitted by certain UN organs and agencies.
The ICJ consists of a panel of 15 judges elected by the UN General
Assembly and Security Council for nine-year terms. No more than one
nationality may be represented on court at the same time, and judges
collectively must reflect the principal civilizations and legal systems of
the world. Seated in the Peace Palace in The Hague, Netherlands, the
ICJ is the only principal UN organ not located in New York City.[3] Its
official working languages are English and French.
Since the entry of its first case on 22 May 1947, the ICJ has
entertained 178 cases through November 2019.[4]
Established 1945 (PCIJ dissolved in 1946)
Location The Hague, Netherlands
52°05′11.8″N 4°17′43.8″ECoordinates: 52°
Coordinates
05′11.8″N 4°17′43.8″E
Authorized by UN Charter
ICJ Statute
Judge term 9 years
length
 respective allies. Nevertheless, it authorized military interventions in
Number of 15 the Korean War and the Congo Crisis and peacekeeping missions in
positions the Suez Crisis, Cyprus, and West New Guinea. With the collapse of
the Soviet Union, UN peacekeeping efforts increased dramatically in
scale, with the Security Council authorizing major military and
Website www.icj-cij.org peacekeeping missions in Kuwait, Namibia, Cambodia, Bosnia and
Herzegovina, Rwanda, Somalia, Sudan, and the Democratic Republic
President of the Congo.
The Security Council consists of fifteen members, of which five are
Currently Joan Donoghue
permanent:[5] the People’s Republic of China, the French Republic,
the Russian Federation, the United Kingdom of Great Britain and
Northern Ireland, and the United States of America. These were
Since 8 February 2021 the great powers, or their successor states, that were the victors of
World War II. Permanent members can veto any substantive
resolution, including those on the admission of new member states to
Vice President
the United Nations or nominees for the office of Secretary-General.
The remaining ten members are elected on a regional basis to serve a
Currently Kirill Gevorgian term of two years. The body's presidency rotates monthly among its
members.
Since 8 February 2021 Resolutions of the Security Council are typically enforced by UN
peacekeepers, military forces voluntarily provided by member states
and funded independently of the main UN budget. As of March 2019,
4. United Nations Security Council (UNSC) is one of the six there are thirteen peacekeeping missions with over 81,000 personnel
principal organs of the United Nations (UN),[1] charged with from 121 countries, with a total budget of nearly $6.7 billion.[6]
ensuring international peace and security,[2] recommending the
admission of new UN members to the General Assembly,[3] and
approving any changes to the UN Charter.[4] Its powers include UN Security Council Chamber in New York
establishing peacekeeping operations, enacting international
sanctions, and authorizing military action. The UNSC is the only UN
Abbreviation UNSC
body with the authority to issue binding resolutions on member states.
Like the UN as a whole, the Security Council was created after World
War II to address the failings of the League of Nations in Formation 24 October 1945
maintaining world peace. It held its first session on 17 January 1946,
and in the ensuing decades was largely paralyzed by the Cold
War between the United States and the Soviet Union and their Type Principal organ
Legal status Active

Membership 15 countries Principal organs of the

‍
United Nations System
Permanent members:

China

France

Russia

United Kingdom

United States
‍

Secretariat
Non-permanent members:

Estonia
Secretary-General
India

Ireland Selection · Headquarters

Kenya

Mexico
General Assembly
Niger

Norway
President · Member countries
Saint Vincent and the Grenadines
Tunisia Representatives · Resolution · Groups
Vietnam

Website un.org/securitycouncil International Court of Justice


President · Judges
Jurisdiction · Cases · Headquarters
Security Council
Presidency · Members · Elections
Resolution · List of resolutions · Veto
Economic and Social Council
President · Members
Commissions · Committees · Agencies
Trusteeship Council
Trust territories
Non-self-governing territories
Website · Wikisource
United Nations Charter
5. United Nations Economic and Social
Council (ECOSOC; French: Conseil économique et social des Nations
unies, CESNU) is one of the six principal organs of the United Nations,
responsible for coordinating the economic and social fields of the
organization, specifically in regards to the fifteen specialised agencies,
the eight functional commissions and the five regional commissions
under its jurisdiction.
ECOSOC serves as the central forum for discussing international
economic and social issues and formulating policy recommendations
addressed to member states and the United Nations system.[1] In
addition to a rotating membership of 54 UN member states, over 1,600
nongovernmental organizations have consultative status with the
Council to participate in the work of the United Nations.[2]
ECOSOC holds one four-week session each year in July, and since
1998 has also held an annual meeting in April with finance ministers
heading key committees of the World Bank and the International
Monetary Fund (IMF). Additionally, the High-Level Political Forum
(HLPF), which reviews implementation of the 2030 Agenda for
Sustainable Development, is convened under the auspices of the
Council every July. It has 54 members.[3]
United Nations Economic and Social Council chamber at United
Nations headquarters
Abbreviation ECOSOC
 Asia-Pacific States (11)
Formation 26 June 1945; 76 years ago

Founder Arcot Ramasamy Mudaliar

Eastern European States (6)

Type Principal organ of the United Nations

Latin American and Caribbean States (10)

Legal status Active

Headquarters New York, United States , Geneva

Western European and Other States (13)

President Munir Akram

6. United Nations Trusteeship Council (French: Conseil de tutelle
des Nations unies) is one of the six principal organs of the United
Parent organization United Nations Nations, established to help ensure that trust territories were
administered in the best interests of their inhabitants and of
international peace and security. The trust territories—most of them
Website www.un.org/ecosoc former mandates of the League of Nations or territories taken from
nations defeated at the end of World War II—have all now attained
self-government or independence, either as separate nations or by
joining neighbouring independent countries. The last was Palau,
formerly part of the Trust Territory of the Pacific Islands, which became
a member state of the United Nations in December 1994.

The chamber of the UN Trusteeship Council, United Nations

headquarters/UN headquarters, New York

African States (14)

Formation 1945
 informing, and enabling nations and peoples to improve their
Type Principal Organ quality of life without compromising that of future generations.”
United Nations Environment Programme (UNEP), organization
Legal status Inactive (As of 1994) established in 1972 to guide and coordinate environmental
activities within the United Nations (UN) system. ... UNEP
Head played a major role in initiating negotiations on reducing ozone-
President
depleting chemicals.
Anne Gueguen Created in 2012 to replace the Governing Council, it currently
has 193 members and meets every two years.
Vice-President
UNEP's mission is to provide leadership and encourage
Jonathan Guy Allen
partnership in caring for the environment by inspiring,
informing, and enabling nations and peoples to improve their quality
Website www.un.org/en/sections/about-un/trusteeship- of life without compromising that of future generations
council/index.html
Is the UNEP an IGO?
ASSIGNMENT: Explain the contribution of UN Examples of Intergovernmental Organizations
on environment Protection of earth in your own Organization (WMO) and United Nations Environment
words. Programme (UNEP) to provide policymakers with regular
assessments of the scientific basis of climate change, its
2. UNEP, 1972 impacts and future risks, and options for adaptation and
mitigation.
United Nations Environmental Programme Is India a member of UNEP?
UNEP is the global champion for the environment with programmes Ministry of Environment, Forests & Climate Change is the
focusing on sustainable development, climate, biodiversity and more. nodal Ministry dealing with India's engagement with
UNEP. ... Rahul Chhabra is accredited as the Permanent
Representative of India to UNEP.
UNEP's mission is “to provide leadership and encourage How is UNEP funded?
partnership in caring for the environment by inspiring,
To be able to fulfil its mandate and to deliver its programme, the UN
Environment Programme (UNEP) relies on voluntary
contributions for over 95 per cent of the funding needed. UNEP
is grateful to all funding partners for the resources they provide.
Who created UNEP?
Maurice Strong
Who is the head of UNEP?
Inger Andersen
संयुक्त राष्ट्र पर्यावरण कार्यक्रम/प्रमुखहरू
Following her nomination by United Nations Secretary-General
António Guterres, the General Assembly today elected Inger
Andersen of Denmark to a four-year term as Executive Director of
the United Nations Environment Programme (UNEP).The United
Nations Environmental Programme (UNEP) was founded in June
1972 as a result of the Stockholm Conference on the Human
Environment. The UNEP is the coordinating body for the United N
United Nations
Environmental Programme
(UNEP) established
The United Nations Environmental Programme (UNEP) was
founded in June 1972 as a result of the Stockholm
Conference on the Human Environment. The UNEP is the
coordinating body for the United Nations’ environmental
activities. It has played a significant role in identifying and
analyzing global environmental problems, developing
regional and international environmental programs and
conventions, and promoting environmental science and
information. Among its most important tasks is assisting
developing countries in implementing environmentally
sound policies and practices.
Since 1997, in response to the environmental requirements
of Agenda 21, UNEP has also published its Global
Environment Outlook (GEO), a comprehensive report on
global state of the environment. Its headquarters are in
Nairobi, Kenya.
Tags:
development
organizations
policies
reports
United Nations
Themes:
Environmental Movements
 Environmental Politics
Regions:
Nairobi Area
ations' environmental activities.
…
Conferences and Reports on the Environment
 UN Conference on the Human Environment (1972)
 World Commission on Environment and Development (1987)
 United Nations Conference on Environment and Development
(1992)
 General Assembly Special Session on the Environment
(1997)
 World Summit on Sustainable Development (2002)
…..
The events page is designed to provide sufficient
information on the activities of the Civil Society
unit. This section of the portal provides you with
easy access to our calendar of meetings and
events.
LAST MEETING
Regional Consultative Meeting for the LAC region
01 October, 2021
CONCEPT:
It was established under an umbrella of UNO
(United Nations Organization). It also helped to
implement various programs on environmental
conservation in Nepal. UNO had organized a
conference on Human Environment in Stockolm on
1972 June 5 – 1972 June 16 which recommended 5
June as "World Environment Day".
a. The full form of UNEP is United Nation
Environmental Program. It was a developed with
the development of Stockholm conference in 1972.
b. International instituations are generally not
responsible for directly implementing and
informing international laws, but they after play
important monitorning informational and
diplomatic roles.
c. When United Nation (UN) was formed in 1945,
then after development of international law started
through specialized agencies.
d. Environment problems can be adequately
addressed when there is a system of governance in
place to ensure cooperation between states and UN Commission on Sustainable Development
intergovernmental organizations. ………………………………………………
e. UN aims to include the achievement of ……………………………………………….
international cooperation in solving international
problems of an economic, social, cultural or ………FULL ADD.
humanitarian character and has provided the basis ASSIGNMENT: Explain the role of CSD on the
for the subsequent environmental activities. envirionment protection.
Assignment: Explain the role of UNEP in the 4. GEF, 1991
environment protection.
GLOBAL ENVIRONMENTAL FACILITY
UNITED NATIONS ENVIRONMENTAL (FUND)
PROGRAM (UNEP)
….
It was established under an umbrella of UNO
(United Nations Organization). It also helped to Assignment: Explain the role of GEF on the
implement various programs on environmental envirionment protection in your own words.
conservation in Nepal. UNO had organized a It is also an international organization founded in
conference on Human Environment in Stockolm 1993 in Nepal whose main purpose is to help in
from 1972 June 5 – 1972 June 16 which environmental conservation program in the
recommended 5 June as World Environment Day. developing countries that have vulnerable
environment.

3. CSD, 1992 III. GLOBAL ENVIRONMENTAL FUND (GEF)

It is also an international organization founded in
1993 in Nepal whose main purpose is to help in
environmental conservation program in the
developing countries that have vulnerable
environment.
Note: Global Environmental Facility
5. IUCN/ WCU, 1948
International Union for the Conservation of Nature
and Natural Resources/World Conservation Union
INTERNATIONAL UNION FOR
CONSERVATION FOR NATURE
It is an international organization established in
1998 AD in Nepal which started its operation from
1970 AD but its formal office was established in
1994 AD. The main purpose of its establishment
was to promote biodiversity conservation,
environmental justice, policy formation and
sustainable livelihood in Nepal.
…….
……..
……
……
Assignment: Explain the role of IUCN on the
environment protection in your own words.
6. WWF, 1961
WORLD WILDLIFE FUND
It is an International Non-governmental
Organization (INGO) which was established in
1961 AD. But, it had started to work since 1967
AD in Nepal and focused on rhino conservation
during the time of its establishment. WWF opened
its formal office in Nepal only in 1993 AD.
WWF’s activities are mainly focused in the Terai
and sacred Himalayan landscape and later
expanded their activities in Annapurna
conservation regions and Chitwan. The main
purpose of its establishment is the conservation of Asssignment: Explain the role of WWF on the
natural resources and wildlife along with the envirionment protection in your own words.
creation of appropriate environment for the 7. MEAs
wildlife.
SAARC was established on the basis of
….. Multilateral Environmental Agreements.
…… ……
i. WORLD WILDLIFE FUND (WWF) Organizations and Agencies involved in
It is an International Non-governmental environmental conservation:
Organization (INGO) which was established in A. Government Agencies:
1961 AD. But, it had started to work since 1967
AD in Nepal and focused on rhino conservation Ministry of environment, Ministry of forest and soil
during the time of its establishment. WWF opened conservation, Ministry of health and population,
its formal office in Nepal only in 1993 AD. WWF’s Department of forest, Department of soil and
activities are mainly focused in the Terai and watershed conservation, Department of national
sacred Himalayan landscape and later expanded parks and wildlife conservation are government
their activities in Annapurna conservation regions agencies.
and Chitwan. The main purpose of its B. Non- Governmental organizations:
establishment is the conservation of natural
resources and wildlife along with the creation of I. WWF II. IUCN
appropriate environment for the wildlife. III. GEF IV.UNEP
V. NTNC environment. Nepal had true experience of
Assignment: What are the local, regional and centralized, bureaucratic- legalistic system
global organization for the protection of of management, composed of various
environment? Explain the contribution of departments and agencies divided into
SAARC in view of controlling the various sectors. Nepal had also an informal
environmental degradation with reference to system of environmental management
Global Pact for the Environment, 2017(Paris)
practiced by local communities based on
and SEAP (SAARC Environment Action Plan,
1997
years of accumulated experience and
knowledge, and supported by network of
community structure and organizations.
The tradition of community self-regulation
has been increasingly replaced by
governmental control through new laws,
Unit 4: Environment Laws of Nepal (14hrs)
central institutions.
4.1 Concept, History of Environment
There are certain direct legislations on
Protection in Nepal
environment, besides the constitutional
Historically speaking, Nepal has shown commitments contained in the constitution of
attention right from the ancient times to the a kingdom of Nepal, 1990 (2047) and 2016.
present time to protect and improve the
We can divide the Nepalese historical
perspective for the legal protection of
environment into three periods:
A. Laws in Ancient (period) Nepal
B. Laws in Medieval (period) Nepal
C. Laws in Modern (period) Nepal
A. Laws in Ancient (period) Nepal
There was a large Khas States in western
Nepal before the existence of Baise and
Chaubise States. The Khas State was the
most powerful in Karnali region during the
ancient time of Nepal. The State was
extended till Trisuliin in the east, Kumau
Gadhwal in the west, Mansarobar (present at
China) in the north and Bodhgaya along with
terai region in the south. It is believed that
Khas State was split by the year of 1450 B.S.
Baise and Chaubise States gradually came
up with the collapse of Khas State. After all,
Twenty two states of Karnali region were
called Baise States as a whole.
Vedas and various "Dharma Saastra" have
greatly influenced legal development and
practices of Nepal since ancient time.
In the early ruling dynasty between 7 th to 8
th century B.C., Kiratis had made rules for
keeping their villages clean and prohibiting
waste. At that era, the protection of
environment was specially mentioned in their
religious text named "Mundhum" in which a
kind of grass "DUBO" and a stone "Dhungo"
were regarded as symbols of lord Vishnu.
Buddha, born in Lumbini of Nepal, had come
for a short time in Kathmandu valley, had
tought about environment before 2562 years
ago. Later this teaching is called "Buddha's
teaching on environment". He gave his
teaching on environment joining the concept
of "loving kingdom" for the protection of all
living things. He had focused on planting of
trees for the shake of welfare of all plants
and living creatures.
The Lichhavis during 250 B.C., had made
"RAJ KULO" and legal provisions for the
irrigation schemes and conservation of
forests. According to their laws, the local
people were permitted to cut only upto four
CHIR PINE trees per house for their
domestic uses and the forest trees were
prohibited for the sale at that time also. How
conscious the Lichhavi were?
B. Laws in Medieval (period) Nepal
Medieval period is believed to be introduced
in 956 B.S. in the history of Nepal. Nepal
Sambat (Nepalese Year) began with this
year. That's why this year has been taken as
a baseline year to divide the periods of
Nepal. The periods of 888 years that ranges
from 936 B.S. is called as medieval period in
thehistory of Nepal. During this period,
Nepal stayed split during the medieval period
in the following geographical division:
i. Kathmandu Valley:
Kathmandu, Lalitpur and Bhaktapur were
the three states of Kathmandu valley in
medieval Nepal. These states existed ever
since the ancient, medieval to unification
campaign of modernperiod of Nepal. Mainly,
the Lichhihivis and Mallas had ruled in
medieval period.
ii. Simraungarth (Mithila/ Tirhut State/ Doya
State) State:
King Nanyadev had established
Simraungarth State in 1154 B.S. The capital
of this State was Simraungarth itself. It is
now in Bara district. The State is said be
expanded upto upto northern Bihar at that
time.
iii. Sen Kingdom: The rule of Sen Dynasty
began in the mid of the sixteenth century in
eastern and central parts of Nepal. Rudra
Sen is considered as the first legitimate king
of this dynasty. Makawanpur, Bijaypur,
Chaudandi were mainly the Sen Kingdom in
the eastern part of Nepal. Palpa, Butwal,
Rajpur, Pyuthan and Tanahu were Sen States
in western parts prior to the unification of
Nepal.
iv. Baise and Chaubise States:
There was a large Khas States in western
Nepal before the existence of Baise and
Chaubise States. The Khas State was the
most powerful in Karnali region during the
ancient time of Nepal. The State was
extended till Trisuliin in the east, Kumau
Gadhwal in the west, Mansarobar (present at
China) in the north and Bodhgaya along with
terai region in the south. It is believed that
Khas State was split by the year of 1450 B.S.
Baise and Chaubise States gradually came
up with the collapse of Khas State. After all,
Twenty two states of Karnali region were
called Baise States as a whole. Similarly,
Twenty four States in Gandaki were called
Chaubise States. In course of time, the
number of states of this region were
increased. However, they were called Baise-
Chaubise States. Therefore, several states
were there in medieval period.
Medieval period is an era of monarchy in
nature of politics.Medieval period is also
divided into two parts: Early Medieval
(before 936 B.S.) and Late Medieval (936
B.S. to 1500 B.S.) At That period, Nepal
remained split into three kingdom by the end
of the eleventh century. As a result, Malla
kingdom existed in Kathmandu Valley and
Western part Tirhut State emerged in
Simraungarth which was established by
Nanydev. Thakuri Khas Kings with Challa
and Malla surname ruled Karnali region of
western Nepal. Challa kings later wrote
Malla as their surname. King Ashok Malla
was, indeed, from Challa family. Prithvi
Malla was the most dedicated and
influiencial among all the kings in that
period. Similarly, Rudra sen had set up Sen
Kingdom in Palpa. Mukunda Sen I, the son of
Rudra sen was popularly known as Mani
Mukunda Sen.
Ari Mall and Dev Malla ruled over
Kathmandu Valley. Their Kingdom were
called as "Nepal Mandal". King
Gunakamdev founded Kantipur City. The city
was expandwd by other Malla Kings. Ari
Malla was the first Mall King of Nepal
Mandal. Among the Malla king, Jayasthiti
Malla, Yaksha Malla, Ratna Malla,
Mahendra Malla, Pratap Malla, Jay Prakash
Malla had made remarkable contributions to
make Bhaktapur, Kantipur and Patan as
beautiful cities. At the very moment, Ram
Shah, the king of Gorkha, beganthe new
tradition of reforms.
The efforts to systematize the governance, the
kingsuse to be all in all in that period. They
used to form council of ministers to assist at
governance. Five ministers were in the
cabinet. One was Chautara (Chief Minister)
among them. Parman (the chief officer) was
appointed for local administration. "Dwares"
were appointed to run the administration of
small residential areas. Panchayet was
introduced to deliver administrative works. It
built inns, roads, temples, bridges etc.
Panchayat used to regulate religion and
culture. Panchayat was called Pancha
Kachahari, Pachali or Pancha Smuchchyaya
at that time. The town was divided into
different "Toles (unita)" to ease
administration. There were twenty four toles
such as Lalitpur, Bhaktapur etc. "Pradhan"
were appointed to take care of the Toles.
The judicial reforms during the Medieval
period was praiseworthy. The political
system was not well managed but justice was
goven on the basis of religious norms and
customs. Hindu religion has dominancy role
on that period. Hindu theology had played
asignificant role in the protection of all good
deeds of ancient forefathers, cultures and
traditions.The political leader of that time
introduced most scientific language Samskrit
Language, Nepali language and Nepal Bhsas
and its literatures. Art and skills were highly
developed in that periods. The construction
of temples with excellent art was conserved
by Hindu tradition. In this period, Queen
Dewaldevi (Dewalaxmi Devi),
Chandrapravawati Devi, the eldest mother of
Prithvi Narayan Saha played the porminant
role to develop in medieval period.
Social condition of Medieval Nepal was
interesting. " JOINT RULE" was in practice
in medieval Nepal. This rule was p0racticed
among father-son, brother-brother and
uncle-nephew. Joint family Partha, Varna
System, Surname after first Name, Dynasty
naming, Dolaji System, Widow marriage and
re-marriage, rites and rituals, festivals,
position of womwn etc. came into practice
out of that joint rule system. …..JOINT …
…..
….ADD
….
In this period, Malla king during 13 th to 18 th
centuries had helped to enrich and develop
culture and arts in view of beautifying the
nature and environment. King Jaysthiti
Malla formulated rules relating to canal and
land use, land classification and land
measurement (MATO MURI system) in the
fourteeth cenrury.The management of land,
irrigation and roads were generally under
the jurisdiction of the village administration.
Forest was brought under strict protection in
Malla period.
King RAM SHAHA, IN Gorkha Stae, gave
more attention to formulate "Rules" NIYEM/
RITI" and Edits "THITI" in redars to various
aspects of environmental protection. In the
early seventeeth century, he formulated Rules
and Edits on grazing lands, protected forests,
control of soil erosion, water and irrigation.
He is the most famous king in the eye of
people till now.The fourteenth edict of Ram
Shaha deserves special mention which said-
"Forests are to be preserved near watering
places. If there are no trees, there will be no
water whereever one looks for it. The
watering places will become dry. If forests
are cut down, there will be no avalanches
(mass of snow, ice and rocks thst falls down
the side of a mountain). If there are no
avalanches, there will be great accidents.
Accidents also destroy the fields without
forests and the house holder's work can not
be accompolished (succeeded in doing or
completing something in a good way).
Therefore, he who cut down the forest near a
watering place will be fined 5 SUPER'S
(money)."
Add ……economic condition of Medieval
Nepal…anubhab book page 108….
……………….
C. Laws in Modern (period) Nepal
(Give Assignment)
As the Medieval period ended, the unification
campaign of Nepal started with late king
Prithvi Narayan Shah.
C.1. EARLY PHASE
After king prithvi Narayan Shaha, modern
Nepal issued several rules relating to
environment protection. He issued several
circulars to control deforestration.
At that time, local people had given
responsibility to protect and manage the
government forests.
How is united the nation? …..How does he
ruled the nation? …..? What were the actions
and war done by late P.N. Saha for the
nation?...... What are the contribution of PN
Shaha in the field of law, economics and
politics? …….put seriously in consice form.
C.2. MIDDLE PHASE:
During the Rana regime (1846 -1951), Civil
Code (MULUKI AIN) was promulgated in
1953 consisting of provisions related to land
use, cleaning of streets, forest management
and so on. In order to protect forest, an
institution named "BAN JANCH ADDA" OR
" Forest Inspection Office" was established
in 1956.
Section 8 of the Muliki Ain 1853, in the
chapter" JAGGA JAMINKO", stated that
while using land, one should not create
obstruction on watering places. The
provision of section 3 and 4 of Muluki Ain
prohibited throwing dirty water and dirty
wastes in the street. Such activities were
legally punishable.
When there established multy- party system
in 1951(2007 B.S.), planned development
started in the country. From the third five
years plan, the government began to
formulate various policies for the protection
of environment.
Constitutional and other legal provisions
came into existence with some provisions
dealing with environmentasl protection.
After the popular people's movement of 2046
B.S., newly established democratic
government done remarkable works in the
protection of environment.
[Can the meeting done by Madhav Nepal in
Kalaapathar a step towards the protection of
environment? If so, put here]
[Can the participation of President Bidhya
Devi Bhandari in the summit of
environmental protect in Poland (in 2020
A.D) be taken as a step towards the
protection of environment of Nepal? If, so
put here].
C.1. LATE PHASE:
 C.1.1 Constitutional and judicial
perspectives on the protection and
development of environment
C.1.1.A. The constitution of the Kingdom of
Nepal, 1962 (2019 B.S.):
The constitution of the Kingdom of Nepal,
1962 (2019 B.S.) had not mentioned the role
of the natural environment in the country's
social and economic life.
(STUDY THE CONSTITUION)
C.1.1.B. The Constitution of the Kingdom of
Nepal, 1990 (2047 B.S.):
(STUDY THE CONSTITUION)
The Constitution of the Kingdom of Nepal,
1990 (2047 B.S.) which arose following the
notion of the period of political realigmnet
(the change in position or direction of
something slightly, making change to
something in order to adapt a new situation)
in Nepal.This constitution emphasized that
state has a duty to incorporate environmental
matters into its policy process. The pertinent
section, Article 26(4) of this constitution was
mentioned as follows:
"The state shall give priority to the
protection of the environment and also to the
prevention of its further damage due to
physical development activities by increasing
the awerness of the general public about
environmental cleanliness, and the State
shall also make arrangements for the special
protection of the rare wildlife, the forests and
the vegetation".
But, it temains unclear provision because it
is contained within the supplementary set of
legally unenforceable Directive Principles
that are supposed only to guide the State in
the performance of its more fundamental
constitutional obligations. In the Article
24(1) of the principles stipulates that its
provisions "shall not be enforceable in any
court" but proceeds to declare in Art. 24(2)
that "the principles and policies contained in
this part shall be fundamental to the
activities and governance of the State and
shall be implemented in stages through laws
within the limits of the resources and the
means available in the country".
In this constitution of 1990, Article 26(4)
does not mention Environmental Impact
Assessment (EIA) specifically, but the phrase
"prevention of further damage to
environment from physical development
activities" clearly indicates EIA because it is
the only proven tool for identifying potential
impacts before they arise and suggesting
preventive mitigation measures.
Conctitutional directive indirectly require
EIA studies to be undertaken for any
development activity which is likely to
damage the environment.
In Godawari Marble Industries Case [Surye
Prasad Dhungel v. Godawari Marble Industries, NKP
the
Golden Jubilee Special Issue, p. 169 (1995)],
supreme court of Nepal accepted
environmental degradation as a public
problem and matter of public interest, and
proffered right to remedy under Directive
Principles of State. It also directed to enact
an effective law on environmental. This
constitution had not clearly provided for a
fundamental right to clean and healthy
environment Article 12(1) of said
constitution supply the "right to live". The
judiciary of Nepal has done remarkable
decision in the field "right to clean
environment as a right to live" through this
case. Now, after 2062/63 people's struggle,
republican constitution was prepared and
"right to clean environment as a right to live"
has been mentioned as a fundamental right
in the present Constitution of Nepal (Date
not mentioneD outside but of 2072 B.S).
In the PIL case concerning protecton of
environment, which is famous as Medical
College Case [Yogi Narahari Nath v. Rt. Hon. Priminister Girija
Prasad Koirala, 38 NKP 1,p. 33 (1996)], the Supreme Court
sublimed the environment jurisprudence and
defined the significance of Directive
Peinciples enshrined in the 1990
Constitution. It held held that "in spite of
non-enforceability of the directive principles
and State policies enshrined (made a law,
right, etc. respected or official especially by
stating it in an important written document)
in the Constitution, the court can allude (to
mention something formally in an indirect
way) to any decision of the government made
disrespecting the directive principles and the
policies".
There was no clear constitutional provision
of fundamental duty emphasizing the
environmentasl conservation and cleanliness
by all persons in the constitution of 1990.
Except restrictive provisions on ground of
public health or morality under Article 12(2)
(E) (5), restricting the freedom to practice
any profession, industry or trade, there was
no clear-cut positive duty of the citizen to
protect the environment.
The judiciary of Nepal has also played
significant role to fulfill this lacuna (a place
where something is missing in a piece of
writing or in an idea, a theory or constitution
etc.). In the Shree Distillary Case
Bhandari v. Shree Distillery and others, writ No. 3259 of 2053 B.S.
the Supreme Court pronounced that
(1996)],
having liscence for operation of an industry
does not alleviate (to make something less
severe/to completely end a relationship or all
communication with somebody) the industry
from its duty towards protection of
environment. An industry can not be
permitted for its operation at the cost of
endangering environment, it must adopt the
measures by which environment can be
preserved and protected. Every industry has
an obligation of sustainable development.
The Constitution of the kingdom of 1990,
contains a number of other provisions which
may indirectly help to promote the status of
environmental considerations within the life
of the country. The bundle of new civil and
political rights, contained in Part 3, Article
[Surendra 11-15 of the constitution, notably freedom of
association and freedom of opinion and
expression could foster (to encourage
something to develop) a more open,
accountable political process which may
thereby promote greater public debate and
awareness on environmental policy-making.
In addition, Part 8, Article 64 of the
constitution stipulates (to state clearly and
firmly that something must be done or how it
must be done) that the Parliament shall
constitute a range of special parliamentary
committee for Natural Resources and a
commitee on Environmental Conservation.
Moreover, the Article 126(2) (d) of the
constitution of 1990 provided that any
agreement with foreign countries in the area
of natural resources and the distribution and
utilization thereof has to be ratified (made an
agreement officially valid by voting for or
signing it), accepted or approved by a two-
third majority of the members presented in
the joint session of Parliament. However, if it
does not affect the country in a pervasively
(spreading through and be noticeable in
every part of something) grave (a place in
the ground where a dead person is buried)
manner or on a long term basis and is of an
ordinary nature, such treaty may be ratiefied,
acceded or approved by a simple majority of
the members present and voting.
C.1.1.C The Interim Constitution of Nepal,
2007 (2063 B.S.):
This constitution arose when there was
aperiod of political realignment (the change
of position or direction slowly from kingdom
to republican) in Nepal which places upon
the state duty to incorporate environmental
matters into its policy process. The pertinent
section of this constitution is rticle 35(5)
which proclaims:
"The state shall pursue a policy of according
priority to the local communities while
mobilizing the natural resources and
heritages of the country in such a manner as
to be useful and beneficial to the interest of
the nation".
Similarly, in the same Article, it has
proclaims: "The State shall make such
arrangements as may be required to keep the
environment clean. The State shallgive
priority to the prevention of adverse impacts
in the environment from physical
development activities, by increasing the
awerness of the general public about about
environmental cleanliness, as well as to the
protection of the environment and special
safeguard of the rare wildlife. The State shall
make arrangements for the protection,
sustainable uses of, and the equaitable
distribution of benefits from, the flora and
fauna and biological diversity". This
onstitution also has not mentioned EIA
directly. But, in Article 16(1) of the Interim
Constituion proclaims: "Every person shall
have the right to get basic health services
from the State and every citizen (person)
shall have the right to live in a healthy
environment."
C.1.1.D. The Constitution of Nepal (2072
B.S.):
In the present Constitution of Nepal (2072
B.S. /2015 A.D.), right to environment has
been presented as Fundamental Rights and
Duties ( under Part 3) in Article 30 (1),
30(2), 30(3) of 30.
Article 30. Right to clean environment:
(1) Every citizen shall have the right to live
in a clean and healthy environment.
(2) The victim shall have the right to obtain
compensation, in accordance with law, for
any injury caused from environmental
pollution or degradation.
(3) This Article shall not be deemed to
prevent the making of necessary legal
provisions for a proper balance between the
environment and development, in
development works of the nation.
There is the provision of a Constitutinal
Organ, a Commission, whose name is
"National Natural Resources and Fiscal
Commission" in Part- 26. In this Part -26,
"National Natural Resources and Fiscal
Commission" has been presented and the
following articles are noteworthy:
Article: 250. National Natural Resources and
Fiscal Commission:
(1) There shall be a National Natural
Resources and Fiscal Commission of Nepal,
consisting of a maximum of five members
including a Chairperson.
(2) The President shall, on the
recommendation of the Constitutional
Council, appoint the Chairperson and
members of the National Natural Resources
and Fiscal Commission.
(3) The term of office of the Chairperson and
members of the National Natural Resources
and Fiscal Commission shall be six years
from the date of appointment.
(4) Notwithstanding anything contained in
clause (3), the office of the Chairperson or
member of the National Natural Resources
and Fiscal Commission shall be vacant in
any of the following circumstances:
(a) if he or she tenders resignation in writing
to the President,
(b) if he or she attains the age of sixty-five
years,
(c) if a motion of impeachment is passed
against him or her under Article 101,
(d) if he or she is removed from office by the
President on recommendation of the
Constitutional Council on grounds of his or
her inability to hold office and discharge the
functions due to physical or mental illness,
(e) if he or she dies.
(5) The Chairperson and members
appointed under clause (2) shall not be
eligible for reappointment.
Provided that a member may be appointed to
the office of Chairperson, and when a
member is so appointed as the Chairperson,
his or her term of office shall be so computed
as to include his or her term as the member.
(6) A person shall be eligible to be appointed
as the Chairperson or a member of the
National Natural Resources and Fiscal
Commission if he or she possesses the
following qualification:
(a) having gained expertise upon being
active for at least twenty years in the field of
natural resources or fiscal management,
economics, law, management, after holding a
bachelor's degree in the relevant subject
from a recognized university,
(b) not being a member of any political party
at the time of appointment,
(c) having attained the age of forty five
years,
(d) being of high moral character.
(7) The remuneration and other conditions of
service of the Chairperson and members of
the National Natural Resources and Fiscal
Commission shall be as provided for in the
Federal law, and their remuneration and
conditions of service shall not, so long as
they hold office, be altered to their
disadvantage.
Provided that this provision shall not apply
in cases where a state of emergency is
declared because of extreme economic
disarrays.
(8) A person once appointed as the
Chairperson or a member of the National
Natural Resources and Fiscal Commission
shall not be eligible for appointment in other
government service.
Provided that nothing in this clause shall be
deemed to be a bar to the appointment to any
political position or to any position which
has the responsibility of making
investigations, inquiries or findings on any
subject, or to any position which has the
responsibility of submitting advice, opinion
or recommendation after carrying out a
study or research on any subject.
251. Functions, duties and powers of
National Natural Resources and Fiscal
Commission: (1) The functions, duties and
powers of the National Natural Resources
and Fiscal Commission shall be as follows:
(a) to determine detailed basis and modality
for the distribution of revenues between the
Federal, State and Local Governments out of
the Federal Consolidated Fund in
accordance with the Constitution and law,
(b) to make recommendation about
equalization grants to be provided to the
State and Local Governments out of the
Federal Consolidated Fund,
(c) to conduct study and research work and
prepare parameters as to conditional grants
to be provided to the State and Local
Governments in accordance with national
policies and programs, norms/standards and
situation of infrastructures,
(d) to determine detailed basis and modality
for the distribution of revenues between the
State and Local Governments out of the State
Consolidated Fund,
(e)to recommend measures to meet
expenditures of the Federal, State and Local
Governments, and to reform revenue
collection,
(f) to analyze macro-economic indicators
and recommend ceiling of internal loans that
the Federal, State and Local Governments
can borrow,
(g) to review the bases for the distribution
between the Federal and State Governments
of revenues and recommend for revision,
(h) to set bases for the determination of
shares of the Government of Nepal, State
Government and Local level in investments
and returns, in the mobilization of natural
resources,
(i) to do study and research work on possible
disputes that may arise between the
Federation and the States, between States,
between a State and a Local level, and
between Local levels, and make suggestions
to act in a coordinated manner for the
prevention of such disputes.
(2) The National Natural Resources and
Fiscal Commission shall carry out necessary
study and research work about
environmental impact assessment (EIA)
required in the course of distribution of
natural resources, and make
recommendations to the Government of
Nepal.
(3) Other functions, duties and powers and
rules of procedure of the National Natural
Resources and Fiscal Commission, detailed
bases required to be followed in the
mobilization of natural resources or
distribution of revenues, and other matters
including conditions of service of the officials
of the Commission shall be as provided for in
the Federal law.
The brief history of environmental law in
Nepal also includes direct legislations.
2. Direct legislations on the protection and
development of Environment
I. a. Act
I. a: EPA – 1996 A.D. / WSA -2053 B.S.
(WAATAWARAN SAMRACCHEN AIN – 2053 BI. SAM.)
[Envirinment Protection Act, 1996 (2053 B.S.)]
I. b. Rule
1. b EPR – 1998 / WAATAWARAN SAMRACCHEN NIYEM –
2054 BI. SAM. ( amendment 2055 BS. also)
Environment Protection Rules, 2054 (1997)
Date of Publication in The Nepal Gazette 2054.3.12/ (June 26, 1997)
The perspective on "Other National laws to
Amendment: Environment Protection (First Amendment) Rules,
2055(1998) - 2055.12.22 (April l5, 1999)
the protection of environment"can be studied
[started as ---- In Exercise of the power conferred by Section 24 of the through Forest Conservation Laws, Water
Environment Protection Act, 1996 Government of Nepal has framed the
following Rules------.]
Conservation Laws, Biodiversity and
II. a. Act Wildlife Conservation Laws, Cultural
II . a. EPA – 2019 A.D./ WSA - 2076 Heritage Preservation Laws, Cultural
(WAATAWARAN SAMRACCHEN AIN – 2076 BI. SAM.)
Heritage Preservation Laws, Pollution
Preservation and Control Laws and Climate
[Envirinment Protection Act, 2019 (2076 B.S.)]
Change Policies and Action Plans.
II. b. Rules
ASSIGMENT: Give the brief historical
II. b. EPR – 2020 / WAATAWARAN SAMRACCHEN development of environmental laws in Nepal.
NIYEMABALI – 2077 BI. SAM.
ADD: SOME History of ENV. Law of Nepal
Envirinment Protection Rules, 2020 A.D.
(2077 B.S. 1. While the debate on government’s responsibility to
protect the environment in gaining momentum
C.1.1.DPerspectives on Other in Nepal, the Environment Protection Act, 2076
(2019) has replaced the
National laws to the protection of earlier Environment Protection Act 2053 (1997). The
current Act specifically addresses the issue of climate
environment change which was not the case in the previous regime.
2. We need to give urgent attention and care to our
environment because it is degrading at an alarming rate. In
this regard, the youths are becoming conscious about their
future in this environmental crisis.
Greta Thunberg, a sixteen year old Swedish climate
activist’s words, “How dare you!” questioning the people in
position of power for not protecting our environment has
become viral.
While the debate on government’s responsibility to protect
the environment in gaining momentum in Nepal, the
Environment Protection Act, 2076 (2019) has replaced the
earlier Environment Protection Act 2053(1997).
The current Act specifically addresses the issue of climate
change which was not the case in the previous regime. It
puts the onus on the authorities to make the public aware
about climate change.
It also obligates the government of Nepal to recognise the
sectors that produce greenhouse gas and mitigate its effects
in the environment. Further, the Act envisages the concept
of carbon trading and empowers the government of Nepal
to do carbon trading with foreign government and
institutions.
The concept of carbon trading originated in 1997 Kyoto
Protocol, according to which, each country has a cap on the
amount of carbon they are allowed to release. Countries
that have a high level of carbon emissions can purchase the
right to release more carbon from the countries that have
lower carbon emissions. Currently, China is the biggest
emitter of greenhouse gases followed by the United States,
India, Russia and Japan.
The current Act of Nepal incorporates more safeguards and
imputes higher liabilities on business to protect the
environment. It has mandated submission of
environmental study report as a regulatory safeguard to
protect the environment. This report requires the proposer
to lay out likely environmental impact the project will have
and measures taken by them to curb the adverse
consequences.
If a project operates without the report then the authorities
are empowered to stop the project immediately. The
proposer needs to be very mindful while submitting an
environmental study report because if it is not according to
the standards prescribed then the proposer will not be
allowed to submit an environmental study report till the
next five years, thereby deterring frivolous proposals and
ensuring that quality reports are submitted.
Additionally, before implementation of the project the
proposer has to prepare an environmental management
plan. The plan will entail all probable solutions that can be
adopted and measures undertaken to safeguard the
environment. This is followed by a progress report which
has to be submitted every six months.
Even two years after the initiation of the project, the
proposer has to submit an environmental assessment
report within six months entailing the impact of the project
on the environment and efforts undertaken to mitigate such
impacts.
As opposed to the earlier legislation which only envisaged
initial environmental examination and environmental
impact assessment as a regulatory safeguard, the current 4.2 Sources of Nepalese
framework has incorporated more regulatory safeguard
provisions, regulating every stage of the project
implementation.
Environmental law
The project will be constantly monitored and assessed in its The sources of international environmental
initiation stage, implementation stage and even when the
project begins operating. law are also the sources of national
In terms of punitive measure, fine for approval and environmental law. They are as follows:
implementation of project under the earlier legislation
amounted up to Rs. 100,000. Under the current legal 1. Treaties
framework, a fine of up to five million rupees can be levied
for non-compliance. Thus, the new law imposesmuch i. Bilateral
higher amount of fine in comparison to the earlier ii. Multilateral treaties.
legislation.
Environmental protection and climate change particularly 2. Customs
affects Nepal because it is a country heavily dependent on
3. General Principles (all) of International Laws
agriculture. Installing more regulatory safeguards and
imputing higher punishment will deter people from 4. Others:
harming the environment.
Hence, this Act is a positive measure undertaken to i. MEAs
improve the quality of life and the economy. - Multilateral Environmental Agreements - over 200
(Rana, a law graduate from National Law School of India, MEAs in the world.
Bangalore, is currently working at Pioneer Law Associates.
darshanarana713@gmail.com) ii. Regional Environmental Agreements:
(150 MEAs in European Union only)
iii. Religious Texts
iv. Traditional Customs
v. Legislations
vi. Judicial Decisions
vii. Declarations and Recommendations
viii. Directives
ix. Expert's Opinions
x. Customary Internatioal laws.
xi. Precedents
4.3 Forest Conservation
Laws
The word "Arbaro" of the Esperanto
language refers "forest". Forest was initially
supposed as the best gift of Nature given to
all living creaturs. Undoubtfully, "Hariyo
Ban, Nepalko Dhan" os a famous slogan of
our time. There is diversity in the
geographical structure of Nepal. Owing to
that diversity, there is also variation in the
forest of Nepal.The evergreen, coniferous,
tundra and alpine vegetations are found in
Nepal. The evergreen forest is available in
the Terai region. The forest in the Terai has
important trees like Saal, Sisau etc. the
seasonal deciduous forest is found in hilly
region where timbers, firewoods, medicinal
herbs are found.
Green forest furniture, houses can be made
from the wood. Forest is a valuable means to
supply materials for industries, business and
other domestic needs. The forest resource
plays a vital role to keep environment clean
and green. It also helps to prevent floods,
landslide and erosion. It provides shelters for
various types of wild animals and birds .
Green forest has been taken as the wealth of
Nation which is a very popular slogan in
Nepal form the very beginning time and it is
true to some extent as well. Forestry is an
integral part of the rural livelihood of Nepal
and it covers 44.74% of the total land area of
Nepal. The term "Forest Management" is
defined as the practical application of
scientific, technical and economic principle of
forestry to maintain and manage the
sustainability of forest. Here, brief historical
development has been presented orderly in
the following points.
Historical Overview of Forest Management
The historical concept can be studied under
reawise also:
A. Rana Era (Regime)
-Nationalization of forest\
-Forest Protection Act and Panchayat Forest
B. Democratic Era
-Focused on exploitation and state control
-Master Plan for Forestry Sector
C. First Democratic Movement
-Forest Act and Regulation
-Community Based Forest Management as a
priority
D. Repubic Era
-Forest Act and Regulation
-Community Based Forest Management as a
priority
- Focused on Participation, conservation and
protection
- Experience on block forest management in
Terai
-Forest Policy 2000 with Collaborative
Forest Management
-Government of Nepal vision on “Forestry
for Prosperity” and piloted Sustainable
Forest Management in Terai
- A Sustainable Forest
SECOND PHASE: 1927- 1960 A.D. (1984 - 2017 B.S.)- 33
YEARS
THIRD PHASE: 1961- 1977 A.D. (2018 - 2034 B.S.)- 16 YEARS
FOURTH PHASE: 1978- 1990 A.D. (2035 - 2047 B.S.)- 12
Management YEARS

guideline 2014
- Sustainable / Scientific Forest Management
History of Forest Laws can be categorized
in six phases
FIRST PHASE: Before 1926 A.D. (Before1983 B.S.)
FIFTH PHASE: 1991- 2010 A.D. (2048 - 2067 B.S.)- 19 YEARS
SIXTH PHASE: After 2010 A.D. (After 2067 B.S.)- Till now.
I. First Phase (Before 1926 A.D/1983B.S)
-During this period, the people had a little
knowledge regarding forest management.
-There was a practice of feudalistic approach
i.e. Patwari, Mukhiya, Zimmawal in landlord
forest area.
-Forest land were given as reward to the
.
officials by the name of Birta, Guthi and
Keepat.
-There existed a policy in Hilly region, where
land was converted from forest to
agricultural to increase food production and
to increase state revenue through land tax
collection.
II. Second Phase 1927-1960 A.D
-In 1927 A.D, "Kath Mahal Office" was
established to work on forest.
-Nepal started exporting timber to India with
the aim of government to sell timber to India
for income.
-In 1947 A.D, forest institute was established
to train mid-level technician, By 1950 A.D
about 1-3rd of the total forest and cultivated
were under Birta tenure and of that 75%
belong to members of the Rana Family.
-A popular movement in 1950 A.D overthrew
the Rana government. The democratic
government succeeding the Rana’s prepared
a draft policy on Rural Forestry in 1952-53
A.D with the help of food and agriculture
organization experts. The draft policy
however was not enacted and practice of
converting forest land into farm land and
export of timber from the terai continued
even after 1950.
-In 1957 A.D, government declared all forest
of Nepal as national forest, privatization Act
1957 A.D
Rural people reacted to the 1957 legislation
by destroying the indigenous forest
management system.
III. Third Phase 1961 to 1977 A.D
-Following the replacement of the
democratic government by a party-less
panchayat system in 1961 AD, a
comprehensive forestry legislation-the forest
Act of 1961 was promulgated. The act,
among other things,
i. Divided forest into different categories,
ii. Defined the duties and authority of the
forest department,
iii. Listed offences,
iv. Prescribed penalties
- In an attempt to further strengthen the
role of the forest department in controlling
deforestation, the Forest Protection Act was
promulgated in 1967. The Act made
provisions for stronger penalties or
damaging or removing forest products from
national forest without official permission.
-These Acts, however, were still unable to
produce the desired results mainly due to
poor enforcements. moreover none of the
acts dealt with sustainable management,
future planning and the needs of the people
but were only concerned with the sale of
forest products, prohibition, punishment and
organizational changes.
-During 1960s, Timber Corporation Nepal
was established to supply the timber, fuel
wood to the industry and to individual with
the objective of collecting and selling forest
products in the 33 terai district of the
country.
-In 1969 AD, 14 circles in each zone and 75
district forest office was established but only
7 circle and 22 district forest office were
implemented.
-Similarly, the government drafted a
National Forestry plan in 1976 which
recognized the role of local communities and
specifically emphasized their participation in
forest management .
-Institute of forestry was kept under the
umbrella of T.U in 1973.
-His majesty’s king Birendra Bir Bikram
Shah Dev inacted the National Park and
Wildlife Conservation Act 1973.
IV. Fourth Phase (1978-1990 AD)
-The forest Act 1961 AD was amended which
provided the operating rules for the
panchayat forest (PF) and the panchayat
protected forest (PPF) were prepared in
1978 AD which allow village panchayat to
manage barren or degraded lands for forest
production.
-Master plan for forestry sector (1986-88)
was operated which recognized community
forestry as a major program.
V. Fifth Phase
(1991-2010 AD/2047-2067 BS)
-A new forestry legislation was promulgated
and enforced in 1993 AD for improved
implementation of the master plan.
-The forest Act 1993 (2049 B.S.-FIRST
AMENDMENT IN 2055 B.S.) categorized forest based
on the ownership of land i.e National Forest
and Private Forest.
-The forest Act 1993 categorized national
forest into 5 sub categories: (1). Community
Forest. (2). Leasehold Forest (3).
Government Managed Forest. (4). Religious
Forest. (5). Protected Forest.
VI. Sixth Phase (After 2010 AD/2067 BS)
The major environmental initiatives carried
out after 2067 B.S are listed below:
a. Collaborative Forest Management
Guideline 2068
b. Scientific Forest Management Guideline
2071
c. National Park and Wildlife Conservation
Act, 1973(5th Amendment, 2075)
d. Forest Carbon Measurement Guideline
2071
e. Forest Decade Program 2072-82
f. Forest Sector Strategies 2016-25
g. Chure Conservation and Management
Master Plan 2017
h. National Bio-Diversity Strategies and
Action Plan 2014-2020
1. Constitution of Nepal 2015
- Forest is in the con-current list in the
Constitution of Nepal 2015. The
responsibility of the federal government
is national forest policies and planning
while management and implementation
responsibility lies with provincial
government.
- At the provincial level, Ministry of
Industry, Tourism, Forest and
Environment has been set up and made
responsible for the management of
national forest. All together there are
seven forest directorate and eighty four
division of forest office (DFO) in all
seven provinces. Forest directorate and
division of forest are working under
Ministry of Forest, Tourism, Industry
and Environment at province level.
- Private forestry, Public Land forestry
and Urban forestry comes within the
jurisdiction of local government.
2. The National Forest Policy (2019)
-It is the umbrella policy and guiding
document for managing forest, bio-diversity,
protected areas, and water sheds.
-It’s aim is to enhance sustainable
management and improve productivity of all
types of forest.
3. The National Climate Change Policy
- It’s aim is to enhance the climate resilient
capacity of eco-systems and the carbon stuck
through sustainable forest management
under the theme “Forest Bio-diversity and
Watersheds”.
4. Forestry Sector Strategy 2016-25
-The Strategy focuses on sustainable
management of forests and sustained flow of
ecosystem goods and services.
-Ministry of Forest and Environment in
which the Ministry of Forest and Soil
Conservation and Ministry of Population and
Environment merged, provides overall
leadership on three major domains: Forests,
Environment and Climate Change.
5. Forest Act 2019 A.D.(2076 B.S):
(Study yourself)
The main provisions of this Act are:
It is a main law made for proper
management and conservation of forest.
-The federal parliament enacted the Forest
Act 2019 on 14th October. As a result, the
earlier Forest Act 1990 is now repelled.
-The major objectives behind the enactment
of this act are
-To manage the national forest as the
government managed forest, forest
protection zone,
partnership forest, leasehold forest and
religious forest.

-To make contribution to national prosperity

by protecting, promoting, and utilizing the
wildlife, environment, watersheds and bio-
diversity while promoting the private , public
and urban forest.
-This act contains 17 chapters with 87
sections.
-Following table points out chapters with
their respective provisions: - Forest Act 2019 defines forest as an
area fully partly covered by trees or
plants (Buttyan).
- Forest Act 2019 recognizes the need to - National Forest within province or inter-
allocate minimum 50% of income from provincial forest
community based forest (Community -National Forest is under the authority of
Forest and Collaborative Forest) for government of Nepal while private forest is
poverty reduction, enterprize planted, nurtured, and conserved, in any
development and woman empowerment. private land owned by any person pursuant
- The Forest Act 2019 provides the to the prevailing law.
category of forest as: -The Government of Nepal (GON) may
- National Forest establish a Forest Development Fund for the
- Private Forest implementation of the objectives of this Act,
protection and promotion of forest and
- National Forest is further divided into 6 performance of other promotional activities.
sub-category
An armed forest guard service is appointed
- Forest Conservation Area for the protection and promotion of the
- Community Forest national forest and bio-logical diversity,
prevention illicit hunting of wildlife and
- Partnership Forest
smuggling of forest product and guarding of
- Religious Forest the forest heritages.
- Leasehold Forest
- The Government of Nepal (GON) shall
be the plaintiff in the cases provided by
this Act.
- The GON may in order to make effective
implementation of this Act form an
inter-level coordination committee
consisting of representatives of the
Ministry, Concerned Provincial
Ministry and Concerned Local Level.
- The GON may by a notification in Nepal
Gazzettee impose restriction on the
collection, cutting, use, transportation,
sale, distribution or export of the
prescribed forest products for the
purposes of protection of biodiversity,
any species of environment.
- Similarly, no any government employee
is held liable personally for any acts
performed by him or her in good faith
while exercising the power conferred by
this Act.
- A body or a person who gives
information that any offences referred
to in this Act is going to be committed
or assists in arresting the offender shall
be provided with a reward that is 10%
of the fine imposable on the offender.
- The GON has authority to frame
necessary rules, procedures or
guidelines for the implementation of this
Act.
- The Ministry shall make assessment of
impacts of the implementation of this
Act after 5 years of the date of its
commencement.
Thus, in this way the history of forest laws
with special reference to forest Act 2019 are
mentioned above. The Government of Nepal
has developed policies and institutional
instruments to materialize the forest
management strategies accordingly.
Assignment: Discus the history forest
protection laws of Nepal with special
reference of forest act of 2019 A.D (2076
B.S.).
….
….
MATERIALS FOR STUDY:
1. The Forest act of 1993 provides a framework to ensure an
operational management of the forestry sector, ensure the
development, the conservation and the proper use of forest
products. ... case led to the adoption of the Forests Act 12/2019 to
enable Nepal to meet its commitments to the Paris Agreement.
national forest in the form of government managed forest, protected
forest, community forect, leasehold forest and religious forest.
However, the Shrestha v. Office of the Prime Minister et al. case led
to the adoption of the Forests Act 12/2019 to enable Nepal to meet
its commitments to the Paris Agreement. This document notably
states in chapter 13, article 44, on the management of environmental
services that the government shall take provisions with regard to
climate change adaptation and storage, mitigation of emission, of
carbon, the management, use and distribution of dividends.
3. RELATED LITIGATION CASE:
On August 23, 2017 Padam Bahadur Shrestha filed an application to
compel the government of Nepal to enact a new climate change law. When
the authorities failed to respond, Shrestha petitioned the Supreme Court of
Nepal to issue a writ of mandamus or other appropriate order to enact such
a law.
4. FOREST LAW 2076
5. FOREST LAW 2049

2. The Forest act of 1993 provides a framework to ensure an

operational management of the forestry sector, ensure the
development, the conservation and the proper use of forest products.
The act also provides the policies for a cooperation in the
conservation and development of private forest by managing the

4.4 Water Conservation
Laws
BACKGROUND
I. In world:
Water is colourless, transparent, odourless
liquid that forms the seas, lakes, rivers, and
rain and is the basis of the fluids of living
organisms. A water molecule has three
atoms: two hydrogen (H) atoms and one
oxygen (O) atom. That's why water is
sometimes referred to as H O. Water is made
2
up of billions of molecules. Each molecule is
made of one oxygen and two hydrogen atoms
held together by strong covalent bonds.Water
is found in three different forms on Earth –
gas, solid, and liquid. The form water takes
depends on the temperature. Water on our
planet flows as liquid in rivers, streams, and
oceans; is solid as ice at the North and
South Poles; and is gas (vapor) in the
atmosphere. Water is also underground and
inside plants and animals. All living things
need water in some form to survive on Earth.
People can go weeks without food, but can
live only a few days without
water. Freshwater makes up a very small
fraction of all water on the planet. While
nearly 70 percent of the world is covered by
water, only 2.5 percent of it is fresh.
Freshwater makes up a very small fraction of
all water on the planet. While nearly 70
percent of the world is covered by water,
only 2.5 percent of it is fresh. Wherever they
are, people need water to survive. Not only
is the human body 60 percent water, the
resource is also essential for producing
food, clothing, and computers, moving our
waste stream, and keeping us and the
environment healthy. Unfortunately, humans
have proved to be inefficient water users. (The
average hamburger takes 2,400 liters, or 630
gallons, of water to produce, and many water-
intensive crops, such as cotton, are grown in arid
regions.)
According to the United Nations, water use
has grown at more than twice the rate of
population increase in the last century. By
2025, an estimated 1.8 billion people will
live in areas plagued by water scarcity, with
two-thirds of the world's population living in
water-stressed regions as a result of use,
growth, and climate change. The challenge
we now face as we head into the future is
how to effectively conserve, manage, and
distribute the water we have. Only 1% of the
earth's water available to us because over 97
percent of the earth's water is found in the
oceans as salt water. Two percent of the
earth's water is stored as fresh water in
glaciers, ice caps, and snowy mountain
ranges. That leaves only one percent of the
earth's water available to us for our daily
water supply needs.
Earth is known as the "Blue Planet"
because 71 percent of the Earth's surface
is covered with water. Water also exists
below land surface and as water vapor in
the air. Water is a finite source. The
bottled water that is consumed today
might possibly be the same water that
once trickled down the back of a wooly
mammoth. The Earth is a closed system,
meaning that very little matter, including
water, ever leaves or enters the
atmosphere; the water that was here
billions of years ago is still here now. But,
the Earth cleans and replenishes the
water supply through the hydrologic
cycle.
The earth has an abundance of water, but
unfortunately, only a small percentage
(about 0.3 percent), is even usable by
 humans. The other 99.7 percent is in the
oceans, soils, icecaps, and floating in the
atmosphere. Still, much of the 0.3
percent that is useable is unattainable.
Most of the water used by humans comes
from rivers. The visible bodies of water
are referred to as surface water. The
majority of fresh water is actually found
underground as soil moisture and in
aquifers. Groundwater can feed the
streams, which is why a river can keep
flowing even when there has been no
precipitation. Humans can use both
ground and surface water.
Distribution of the water on Earth
 Ocean water: 97.2 percent
 Glaciers and other ice: 2.15 percent
 Groundwater,: 0.61 percent
 Fresh water lakes: 0.009 percent
 Inland seas: 0.008 percent
 Soil Moisture: 0.005 percent
 Atmosphere: 0.001 percent
 Rivers: 0.0001 percent.
(Reference
figure: http://ga.water.usgs.gov/edu/eart
hwherewater.html)
(Source: Nace, USGS, 1967 and The
Hydrologic Cycle (Pamphlet), USGS,
1984)
Surface water is far easier to reach, so this
becomes the most common source of potable
water. About 321 billion gallons per day of
surface water is used by humans. About 77
billion gallons of groundwater are used each
day. Problems also exist in contamination of
the water supplies. This further limits the
amount of water available for human
consumption. Water is found in many
different forms and in many different places.
While the amounts of water that exist seem to
be plentiful, the availability of the water for
human consumption is limited.
Surface waters can be simply described as
the water that is on the surface of the Earth.
This includes the oceans, rivers and streams,
lakes, and reservoirs. Surface waters are
very important. They constitute
approximately 80 percent of the water used
on a daily basis. In 1990, the United
States alone used approximately 327,000
billion gallons of surface water a day.
Surface waters make up the majority of the
water used for public supply and irrigation.
It plays less of a role in mining and livestock
industries. Oceans, which are the largest
source of surface water, comprise
approximately 97 percent of the Earth's
surface water. However, since the oceans
have high salinity, the water is not useful as
drinking water. Efforts have been made to
remove the salt from the water
(desalination), but this is a very costly
endeavor. Salt water is used in the mining
process, in industry, and in power
generation. The oceans also play a vital role
in the hydrologic cycle, in regulating the
global climate, and in providing habitats for
thousands of marine species.
Rivers and streams constitute the flowing
surface waters. The force of gravity
naturally draws water from a higher
altitude to a lower altitude. Rivers obtain
their water from two sources:
groundwater, and runoff. Rivers can
obtain their water from the ground if they
cut into the water table, the area in which
the ground is saturated with water. This is
known as base flow to the stream. Runoff
flows downhill, first as small creeks, then
gradually merging with other creeks and
streams, increasing in size until a river
has formed. These small creeks, or
tributaries, where the river begins are
known as the headwaters. Springs from
confined aquifers also can contribute to
rivers.
A river will eventually flow into an ocean.
A river's length can be difficult to
determine, especially if it has numerous
tributaries. The USGS Web site defines a
river's length as "the distance to the
outflow point from the original
headwaters where the name defines the
complete length." In order for water to
flow, there must be land upgradient of the
river, that is land that is at a higher
elevation than the river. The land that is
upgradient of any point on the river is
known as the drainage basin or
watershed. Ridges of higher land, such as
the Continental Divide, separate two
drainage basins. Flowing water is
extremely powerful and plays an
important role in creating the landscape
and in humans' lives. Flowing water is
used for numerous reasons including
irrigation and hydroelectric power
production. Rivers erode the landscape
and change the topography of the Earth
by carving canyons and transporting soil
and sediment to create fertile plains.
Rivers carry soil and sediment that have
been washed into the river when it rains
or snow melts. The faster the water
moves, the larger the particle size the
river is capable of carrying. The USGS
measures how much sediment a river
carries by measuring the streamflow, or
the amount of water flowing past a given
site; and the sediment concentration.
Sediment in the river can be helpful and
harmful. Sediment, when deposited on the
banks and in the flood plain, makes
excellent farmlands. However, sediment
can harm and even destroy dams,
reservoirs and the life in the stream. Also,
during floods, these sediments can be left
behind as sticky, smelly mud in unwanted
places.
Measuring the streamflow is
accomplished by determining the stream
stage and the stream discharge. The
stream stage, or datum, is the height of
the water surface, in feet, above an
arbitrary reference point. The stream
discharge is a measurement of the amount
of water that is flowing at a particular
point in time. It is measured in cubic feet
per second. A discharge measurement
determines the amount of water that is
flowing in the river at any given stream
stage. In order to make this measurement,
the width of the river, and the water's
depth and velocity at various points must
be measured at several different stream
stages. A cross-section of the river is
divided into intervals and the area of each
interval is calculated. If the velocity was
measured at different depths on the same
vertical interval, then the velocity is
averaged. To determine the discharge for
the interval, the area is multiplied by the
velocity. To find the entire stream's
discharge, an average of all the intervals'
discharges is calculated. It is important to
take discharge measurements of the
stream at various stream stages, even
flood stage.
A river reaches flood stage when the river
overflows its banks. The flood stage can
be determined by measuring the gage
height, or simply the height of the water in
the stream measured from the river's
bottom. The streamflow can increase
exponentially as the gage height
increases. Thus, a small increase in gage
height may indicate that a river has
reached its flood stage. Floods are a
fairly common, yet dangerous, natural
disaster.
They normally occur because a storm or
rapid snow melt has produced more
runoff than a stream can carry. Dams
failing, landslides blocking stream
channels, and high tides are some other
causes of flooding. Weather patterns can
greatly influence when and where
flooding will occur. By studying these
patterns, geologists can determine the
susceptibility of a region to having a flood
at certain times of the year. The
recurrence interval, measured in years,
describes the magnitude of a flood.
Changes in the drainage basin, such as
harvesting timber or housing
developments, can change the magnitude
of a flood. The normally dry land that
becomes covered with water during a
flood is known as the flood plain.
Restrictions on land use in flood plains is
regulated by flood-plain zoning. Dams
and levees have been built to help reduce
damage caused by floods.
When flowing water travels to an area of
land that is completely surrounded by
higher land, a lake is formed. The water is
not trapped in this low area, the water
just escapes at a slower rate than the rate
of incoming water. Lakes can vary greatly
in area, depth, and water type. Most lakes
are fresh water, however some, such as
the Great Salt Lake and the Dead Sea, are
 salt water. Contrary to common belief, a
reservoir is not the same as a lake. A
reservoir is a manmade lake caused by a
river being dammed. The water in a
reservoir is very slow moving compared
to the river. Therefore, the majority of the
sediments that the river was carrying
settle to the bottom of the reservoir. A
reservoir will eventually fill up with
sediment and mud and become unusable.
The water cycle
The hydrologic cycle or water cycle is a
graphic representation of how water is
recycled through the environment. Water
molecules remain constant, though they
may change between solid, liquid, and gas
forms. Drops of water in the ocean
evaporate, which is the process of liquid
water becoming water vapor. Evaporation
can occur from water surfaces, land
surfaces, and snow fields into the air as
water vapor. Moisture in the air can
condensate, which is the process of water
vapor in the air turning into liquid water.
Water drops on the outside of a cold glass
of water are condensed water.
Condensation is the opposite process of
evaporation. Water vapor condenses on
tiny particles of dust, smoke, and salt
crystals to become part of a cloud. After a
while, the water droplets combine with
other droplets and fall to Earth in the
form of precipitation (rain, snow, hail,
sleet, dew, and frost). Once
the precipitation has fallen to Earth, it
may go into an aquifer as groundwater or
the drop may stay above ground as
surface water. The hydrologic cycle is an
important concept to understand. Water
has so many uses on Earth, such as
human and animal consumption, power
production, and industrial and
agricultural needs. Precipitation—in the
form of rain and snow—also is an
important thing to understand. It is the
main way that the water in the skies
comes down to Earth, where it fills the
lakes and rivers, recharges the
underground aquifers, and provides
drinks to plants and animals. Different
amounts of precipitation fall on different
areas of the Earth at different rates and at
various times of the year.
One problem facing the cycle of water on
Earth is water contamination. Chemicals
that go into the water often are very
difficult, if not impossible, to remove. One
potential source of contamination of
water is runoff, the overland flow of
water. While precipitation causes the
runoff to occur, stripping vegetation from
land can add to the runoff in a particular
area. The sediment and soil from these
areas, not to mention any pesticides or
fertilizers that are present, are washed
into the streams, oceans, and lakes. What
happens to the rain after it falls depends
on many factors, such as the intensity and
duration of rainfall, the topography of the
land, soil conditions, amount of
urbanization, and density of vegetation. A
common misconception about rain that it
is tear-shaped, when in actuality it is
shaped more like a hamburger bun. Rain
drops also are different sizes, due to the
initial difference in particle size and the
different rate of coalescence.
Glaciers and ice caps
Glaciers and icecaps are referred to as
storehouses for fresh water. They cover
10 percent of the world's land mass.
These glaciers are primarily located in
Greenland and Antarctica. The glaciers in
Greenland almost cover the entire land
mass. Glaciers begin forming because of
snowfall accumulation. When snowfall
exceeds the rate of melting in a certain
area, glaciers begin to form. This melting
occurs in the summer. The weight of snow
accumulating compresses the snow to
form ice. Because these glaciers are so
heavy, they can slowly move their way
down hills.
Glaciers affect the topography of the land
in some areas. Ancient glaciers formed
lakes and valleys. The Great Lakes are an
example of this. Glaciers range in length
from less than the size of a football field
to hundreds of miles long. They also can
reach up to 2 miles thick. Glaciers
melting can have a tremendous effect on
the sea level. If all of the glaciers were to
melt today, the sea would rise an
estimated 260 feet, according to the
USGS. Glaciers have had a tremendous
effect on the formation of the Earth's
surface and are still influencing the
topography everyday.
Groundwater
Groundwater is defined as water that is
found beneath the surface of the Earth in
conditions of 100 percent saturation (if it
is less than 100 percent saturation, then
the water is considered soil moisture).
Ninety-eight percent of Earth's available
fresh water is groundwater. It is about 60
times as plentiful as the fresh water found
in lakes and streams. Water in the ground
travels through pores in soil and rock,
and in fractures and weathered areas of
bedrock. The amount of pore space
present in rock and soil is known as
porosity. The ability to travel through the
rock or soil is known as permeability. The
permeability and porosity measurements
in rock and/or soil can determine the
amount of water that can flow through
that particular medium. A "high"
permeability and porosity value means
that the water can travel quickly.
Groundwater can be found in aquifers. An
aquifer is a body of water-saturated
sediment or rock in which water can move
readily. There are two main types of
aquifers: unconfined and confined. An
unconfined aquifer is a partially or fully
filled aquifer that is exposed to the
surface of the land. Because this aquifer
is in contact with the atmosphere, it is
impacted by meteoric water and any kind
of surface contamination. There is not an
impermeable layer to protect this aquifer.
In contrast, a confined aquifer is an
aquifer that has a confining layer that
separates it from the land surface. This
aquifer is filled with pressurized water
(due to the confining layer). If the water is
pressurized at a high enough value, when
a well is drilled into the confining aquifer,
water rises above the surface of the
ground. This is known as a flowing water
well. The pressure of the water is called
the hydraulic head. Groundwater
movement, or velocity, is measured in feet
(or meters) per second..
In some areas, the bedrock has low
permeability and porosity levels, yet
groundwater can still travel in the
aquifers. Groundwater can travel through
fractures in the rock or through areas that
are weathered. Limestone, for example,
weathers in solution, creating
underground cavities and cavern systems.
At the land surface, these areas are
known as "karst". The voids in the rock,
created as limestone goes into solution,
can cause collapses at the land surface.
These collapses are known as sinkholes.
Sinkholes are often a direct conduit to the
groundwater and areas where
contamination can easily infiltrate the
aquifers. Sinkhole areas also can have
land subsidence as mass wasting occurs
in areas with a sudden change in slope
and contact with water. Land subsidence
may or may not be noticeable in some
areas because it appears as hills and
valleys (due to the very large size). As
groundwater becomes more of a source
for drinking water, the problem of
sinkholes and land subsidence could
increase.
Porosity and permeability of the sediment,
soil, and bedrock in the area also affects
the recharge rate of the groundwater.
This means that in some areas, the
groundwater can be pumped out faster
than it can replenish itself. This creates a
number of problems. One of these
problems is called "drawdown," a
lowering of the aquifer near a pumping
well. This can occur in areas where the
well is pumping faster than the
groundwater aquifer is recharged.
Drawdown creates voids in the bedrock
and can lead to additional land
subsidence or sinkholes (as there is no
longer water present and the void cannot
hold the weight of the material above and
collapses).
A cross section
at http://ga.water.usgs.gov/edu/earthgwd
ecline.html titled "Decreasing water
levels" illustrates drawdown and
overpumping problems. Because
groundwater is a very plentiful source of
fresh water, it must be a protected
resource. In many areas, however,
groundwater is not protected. Once an
aquifer is contaminated with chemicals or
petroleum, it is difficult, if not impossible,
to clean up. Therefore, prevention of
contamination is paramount. Karst areas
pose a difficult problem because anything
spilled on the surface travels quickly and
easily into the aquifer. Many times,
surface water also is in direct contact
with undergroundwater, and depending
on if the stream is feeding the
groundwater (a losing stream) or if the
groundwater is feeding the stream (a
gaining stream) this can create a problem
with contamination of the groundwater.
There is also the problem of saltwater
intrusion (present in coastal regions, such
as Florida) where over-pumping of the
groundwater draws the denser saltwater
up into the aquifer. A cross-section
illustrates the problem of salt water
intrusion
on http://ga.water.usgs.gov/edu/earthgw
decline.html, in the "GW Quality" figure.
So, protection of the groundwater should
be a high priority as the population on
Earth continues to rise and potable water
becomes a valuable resource. Protecting
groundwater also means protecting
 surface water, rain water, and all forms of
water, because water continues to cycle
and recycle. Once the water is
contaminated, it is difficult to ever
remediate.
Conclusion
Water on Earth is a finite source.
Protecting the water means protecting all
forms of the Groundwater can be found in
aquifers. water found on Earth. Water at
the surface, under the ground, in vapor
form, and as precipitation. Pollution from
using fossil fuels can impact all forms of
water (from crude oil leaks to acid rain
generated from coal burning). Acid rain
falls onto the land and flows into the
surface water, back into the ground, and
back into the air. It can be an endless
cycle. As contamination infiltrates the
water cycle, more water will be impacted.
Most of the water on Earth is saline.
Fresh water is and will be in demand and
become a very valuable resource. Care
must be taken to prevent overuse of
potable water sources. Care must also be
taken to protect the Earth's waters from
contamination. Water is indeed a valuable
resource.
How much water is there on (and in) the
Earth?
Here are some numbers you can think about:
 If all of Earth's water (oceans, icecaps
and glaciers, lakes, rivers, groundwater,
and water in the atmosphere was put
into a sphere, then the diameter of that
water ball would be about 860 miles
(about 1,385 kilometers), a bit more
than the distance between Salt Lake
City, Utah to Topeka, Kansas. The
volume of all water would be about
 332.5 million cubic miles (mi3), or 1,386
million cubic kilometers (km3). A cubic
mile of water equals more than 1.1
trillion gallons. A cubic kilometer of
water equals about 264 billion gallons
(1 trillion liters).
 About 3,100 mi3 (12,900 km3) of water,
mostly in the form of water vapor, is in
the atmosphere at any one time. If it all
fell as precipitation at once, the Earth
would be covered with only about 1 inch
of water.
 The 48 contiguous (lower 48 states)
United States receives a total volume of
about 4 mi3 (17.7 km3) of precipitation
each day.
 Each day, 280 mi3 (1,170 km3)of
water evaporate or transpire into the
atmosphere.
 If all of the world's water was poured on
the contiguous United States, it would
cover the land to a depth of about 107
miles (145 kilometers).
 Of the freshwater on Earth, much more
is stored in the ground than is available
in rivers and lakes. More than
2,000,000 mi3 (8,400,000 km3) of
freshwater is stored in the Earth, most
within one-half mile of the surface. But,
if you really want to find freshwater,
most is stored in the 7,000,000
mi3 (29,200,000 km3) of water found
in glaciers and icecaps, mainly in the
polar regions and in Greenland.
For a detailed explanation of where Earth's water is, look at the data table
below. Notice how of the world's total water supply of about 332.5 million
mi3 of water, over 96 percent is saline. Of total freshwater, over 68 percent is
locked up in ice and glaciers. Another 30 percent of freshwater is in the
ground. Rivers are the source of most of the fresh surface water people use,
but they only constitute about 509 mi3 (2,120 km3), about 1/10,000th of one
percent of total water.
Note: Percentages may not sum to 100 percent due to rounding.
One estimate of global water distribution
(Percents are rounded, so will not add to 100)
 Primarily unplanned urban development and deficiency of
waste management facilities are major barriers for alleviating
water pollution problems. As a result, urban rivers like the
Bagmati in Kathmandu valley is highly polluted where as
BOD level is extremely high.
Brazil has 12-16 % fresh water of the world where as Nepal
has 2.7 %, the largest after Brazil. Nepal has 27% of the
available fresh wayer on earth after Brazil.
 Surface Water Resources. ...
 Groundwater Resources. ...
 Stormwater Resources. ...
 Wastewater Resources. ...
 Saltwater Resources. ...
 Ice Cap Water Resources.
The word water is called "Akvo" en
Esperanto and "Jal" in Samskrit Language.
Brajil is taken as the richest country in the
water resources in the world. The second
richest country is Nepal in the water
resources. The largest river of the world is
"Nile River" whose length is 6,650 km. and
the biggest river is "Omejan River" whose
length is 6,400 km.
II. In Asia:
In Asia, the first longest and famous river of
Asia is "Yangtze River". It s also called
"Changeang River".{yo name check gara la}
It has the 6,300 km (3,915 mile) length. But,
this is the third longest river in the world. It
is the river of China. Starting from "Patar
Region" of Tibet, passes around different
places of China and reaches to "China Sea".
The second longest and famous river in Asia
is "Yeni Sei River" which is 5,549 km long. It
is the composed of three rivers, namely "Yeni
Sei", "Angaara" and "Selek". It follows from
the land of Rusia and Mongolia.
The third longest and famous river of Asia is
"Yellow River" or "Hwango- Ho River"
which is 5,464 km long. It starts from the
southern part of Tibet and passes thruoh
different areas of China. This river had
helped to develop the main and first
civilization of China, known as "Hwango- Ho
Valley Civilization". This river holds
historical importance of "People's Republic
of China". It is the secong biggest river of
China. Among the major cities of China,
Lanchao, Paochao, Changchao and Chinan
are the major four big cities at the bank of
Hwang-Ho River. This river flows from the
north of Payanhar Mountain and ends at
Bohai Sea of south. This river flows through
a dozen of valleys. The Great Wall was built
at the north of China to safeguard Chinese
Civilization and culture in ancient time. The
wall is still inact. UNESCO has enlisted it in
the World Heritage site status. This wall is
the only humane made bject seen from the
space. The wall stretches east-west meeting
Bohai Sea in the northern part of China. The
Chinese call it as "Ten Thousands Leewalls"
But, the actual length of the wall is 12
thsosands lee (6,000 km). The wall is 8.5
meter height and 5.7 meter wide in
measurement. The construction completed in
the time of Emperor Hangchang of China
Dynasty. In fact, Emperor Hangcheng
invaded 6 States and built China a large
country. The interesting matter in the great
wall is that on each 100 m distance, two
storied watch tower was built in the name of
China dynasty. The distance scenery around
the wall can be viewed from the top of the
floor of the tower. The toer was built to
watch the activities of enemy at that period.
Emperor Hangchang got HANGTI
(Emperor) title later. He was the first
emperor of China. Most of the tourist from
the world go to BADALING to see the wall,
84 km north of Beijing – the capital of China.
The fourth longest river of Asia is "Huanghe
River" whose length is 5,465 km long. This is
the third biggest river of China.There is a
third biggest river of China which is "
Heilungciang" whose length is 2.965 km.
The fifth longest river of Asia is "Ob Irtysh
River" which is 5,410 km long. It starts from
Rusia and passes through Kajaakistaan,
China, Mangolia and reaches upto "Gulf of
Arab".
The sixth longest and famous river of Asia is
Amur- Argun River. It flows from Russia,
China, Mangolia and reaches to the "Okhust
Sea". This is 4,444 km. long.
The seventh long river in Asia is Lena –
River. This river lies in Russia. It is 4,400 km
long.
The eigth longest river of Asia is Mekong. It
is of 4,350 km long and flows through the
land of Cina – Myanmar- Laos – Thailand –
Combodia – Vietnam.
The ninth longest river of Asia is "Euphrates
River". It flows through Iraq- Turky – Siriya.
It is 3, 5 96 km long. The Mesopotamia
Civilization was developed (during 5000
B.C.) on the bank of this river. The parts
between Tigris and Euphrates rivers of Iraq,
a countries that lies in the Middle East now
is called Mesopotamia. The civilization of the
world is supposed to be developed from this
place in ancient time. So, it is callec as
Mesopotamia Civilization. Meso means
"place in between" and "potamas" means
"river" in Greek language. Mesopotamia
Civilization was built up with the
combination of Sumerian civilization (existed
4000 B.C. – 2000 B.C, developed Priest
King, land tax system, arrangement of
irrigation, construction of public buildings,
construction of tall temples of Ziggurats i.e.
Storys consisting Courts, Schools, Markets,
Banks, Industry, Granery inside Ziggurats,
an ancient Mesopotamium house surrounded
by the temples with four corners and several
steps s the real evidence of Ziggurat. In he
Mesopotamia civilization, the emperor
Nebuchadnezzer Dynasty built the garden
hanging on the roof of the palace to make the
queen happy. He constructed a canal to
irrigate the flowers in the garden .the garden
seems as if hanging on the sky.But,
unfortunately that Hanging Garden is not in
existence now.), Babylonia civilization,
Assyria civilization and Chaldean
Civilization.
The tenth longest river of Asia is Sindhu
River". It is laso called "Indus River". It
flows through China – Pakistan – India.
"Sindhu Ghnatiko Sabhyeta" or Sindhu
Civilization was developed there which has
true historical and cultural importance. It is
3,180 km long.
The eleventh longest riverof Asia is "Syr
Darya- Naryan River". It is 3, 078 km long.
It flows through Kazakaasthan- Kirgistahn-
Ujwekistaan- Taajakistaan. It is also a
famous river.
III.In Nepal, the rivers, rivulets, lakes,
underground water etc. are the sources of
water resources.Rivers flow from the snow
melting of mountains. Wter resource is also
an important resource among natural
resources. Nepal is the second richest
country in water resources in the world after
Brazil. It can be managed as drinkin water, ….
irrigation, hydro-elecricity along with water
transportation from water resource. Nepal 4.5 Biodiversity and Wildlife
has around 6,000 rivers including the longest Conservation Laws
"Karnali River" and Biggest "Koshi River".
RELATED LAWS NATURAL ENVIRONMENT IN THE
In fact, Koshi, Gandaki, Karnali are the COUNTRY'S SOCIAL AND ECONOMIC LiFE.
perennial rivers flow from the snow melting
mountains, the volume of water does not 4.6 Cultural Heritage
drown even during winter.Hydrielectricity ,
drinking water and touris, transportation
Preservation Laws
facilities can be arranged from such rivers HISTORICAL BACKGROUND

regularly. Some of the rivers originate from RELATED LAWS

Mahabharat range, the volume of water is

more during rainy seasons and low in winter
4.7 Pollution Preservation
seasons. Some rivers also originate from and Control Laws
Chure range that can be the good source for HISTORICAL BACKGROUND
irrigation. RELATED LAWS

IV. Historical Perspective: 4.8 Climate Change Policies and

…. Action Plans
HISTORICAL BACKGROUND
7. Assignment: Explain briefly about the
RELATED LAWS
Cultural Heritage Preservation Laws
………
8. Assignment: Explain briefly about the
1. Assignmet: Give a treatise on EPA 2019 and
Pollution Preservation and Control Laws
EPR- 2020 relating the facts that how both EPA
and EPR can play the significant role in the 9. Assignment: Explain briefly about the
protection mother environment. Climate Change Policies and Action Plans
2. Assignment: Explain briefly about the
Sources of Nepalese Environmental law.
3. Assignmet: Give a treatise on EPA 2019 and
EPR- 2020 relating the facts that how both EPA
and EPR can play the significant role in the
protection mother environment.
4. Assignment: Explain briefly about the
Forest Conservation Laws
5. Assignment: Explain briefly about the
Water Conservation Laws
6. Assignment: Explain briefly about the
Biodiversity and Wildlife Conservation Laws
Unit 5: Relevant Court
Cases (8hrs.)- 10 CASES
Teaching through presentation is
praiseworthy.
Case – 1
Name: Godavari Marble Case
Baadi: Surye Prasad Sharma Dhungel
Pratibaadi: Godavari Marble Industries and others
Nepal Kaanun Patrika (NKP): 2052
Page Number: 168
Decision Date:
Court:
Judges:
(Surye Prasad Sharma Dhungel v.
Godavari Marble Industries and others,
Nepal Kanoon Patrika (NKP) (2052),
P.168 )
1. Explain briefly the case Suray Prasad
Sharma Dhungel v. Godavari Marble
Industries and others, Nepal Kanoon
Patrika (NKP)(2052), P.168 in your own
words. Explain briefly the latest decision
given by Supreme Court of Nepal.
- Godavari is known as one of the popular
hiking destinations in Nepal for its rich
wildlife and natural splendor. The historical
aspects of Godavari date back to the Kirat
Period, during the uprising of the Soma
dynasty. King Nimisha became the first king
in Nepal to originate from the Soma dynasty
and took up his position in 205 AD. With
Nimisha defeating King Gasti and taking his
throne the Kirati reign over Nepal came to
an end. King Nimisha constructed his new
palace in the town of Godavari and was also
responsible for the restoration of the
PashupatinathTemple, including the erection
of the four faced linga. Nimisha’s victory and
rule brought about the Godavari-Mela
festival that is still celebrated in Godavari.
The festival only takes place every twelve
years and visitors that are lucky enough to be
in the area during this period should
appreciate and enjoy every moment. The
Royal Botanical Garden in Godavari attracts
many local residents and visitors over the
weekends. The garden is an extravaganza of
plants, trees, ferns, flowers and orchids.
Most of the plants within the garden are
marked, making recognition much easier.
Godavari is also famous for its breathtaking
butterflies, which can be seen gliding
peacefully amongst the beauty and splendor
of the garden. Avid bird watchers can be
spotted in the garden, patiently waiting to
view some of the rare and unique birds.
Another popular attraction in Godavari, is
the Godavari Kunda, or Godavari Spring. It
is a sacred and religious site that is
absolutely fascinating. Gargoyles carved
from stone will lead visitors to the tank of
sacred water. This water flows from within
the temple’s courtyard to the tank. Many
legends are connected to the spring and the
Madras River. The marble quarry that has
operated in the region since the year 1890
has caused mass deforestation, exposing the
2 762 meter Pulchowki Mountain.
There are two petitions made in the case
“Suray Prasad Sharma Dhungel v. Godavari
Marble Industries and others” .The first
petition was filed by the environmentalists in
1992 demanding the closure of the factory. It
mentioned that the factory set up without
following any environmental standards and
guidelines was responsible for deteriorating
the local environment and causing adverse
impacts on the rich biodiversity of Godawari
and Pulchowki area. The Department of
Mines and Geology, however, renewed the
factory’s licence until 2011 despite the public
outcry.
Second petition filed in 2001 by Pro Public,
demanding that the Godawari Marbles be
restricted to carry out extraction works as it
threatens biodiversity of the area. A group of
environmentalists including lawyers
representing Pro Public continued its fight
against the government’s decision, filing
another petition in 2001 demanding an end
to the factory’s extraction works. The
petitioners this time, citing a government
study, mentioned that the factory’s activities
had been affecting the fertility of land in the
area and decreased the water availability,
leading to a decline in food production.
Back to first petition; it was heard by
Supreme Court,
Full Bench ; Hon`ble Trilok Pratap Rana ,
Hon`ble Laxman Prasad Aryal
Hon`ble -Gobinda Bahadur Shrestha
Order Writ No. 35 of the year 2049 B.S
(1992)
Petitioner: Surya Prasad Sharma Dhungel
and the respondents: Godawari Marble
Industries and other.
Constitutional / Legal Issues of the case
-Whether the Constitution guarantees the
right to clean: environment as the part
of right to life?
-Whether there is locus standi of the NGOs
or individuals working for the protection of
the environment?
-Whether the Court can issue an order
against Parliament to enact law?
The fact and order of the case can be
described in detail as;
-As per the judgment dated 049-5-8 (Aug. 24,
1992) of the Division Bench of this Court, the
facts of this writ petition presented before
this Bench, pursuant to Rule 3 (a) of the
Supreme Court Rules, 2049 (1991) are as
follows:
-Legal and Environmental Analysis for
Development and Research Services (Pvt.)
Ltd. which is called as LEADERS Inc., is an
institution, registered under the Companies
Act 2021, with the objective of conducting
research, study, analysis in the area of
environment and law as well as promoting
environment conservation.
-It has been found that the respondents
activities have caused and have been
causing, in violation of the Constitution and
law, a very serious environmental
degradation to Godawari forest and its
surroundings which is rich in natural
grandeur and historical and religious
enshrinement with the area of 15 sq. miles
occupying within Godawari Adarsha Village
Panchayat situated North West to
Phulchowki Hill of South East Lalitpur
District lying within Kathmandu valley.
Activities of the factory have caused in
violation of the Constitution and law, a very
serious environmental degradation to
Godawari forest and its surroundings. Dust,
minerals, smoke and sands emitted by factory
excessively polluted the springs water and
nearby water bodies, land and atmosphere of
the
said area, thus continuously deteriorating the
health. Henceforth the petition has been filed
seeking mandamus to enforce the right of the
people to live in healthy environment,
security of life and property and live a
peaceful life.
-Deeds of the respondents are against the
responsibility entrusted by the Articles 9 (b),
(c) and (d) of the Constitution and they have
not fulfilled the constitutional responsibilities
and undermined the constitutional rights
guaranteed under Articles 2, Article 10,
Article 11 (1) (2) and Article 15 of the
Constitution, the petitioner has submitted this
writ petition under Section 10 of Court
Proceedings of the Country Code, Section 5
of the Forest Conservation (special
provision) Act 2024 and in accordance with
principles propagated by the Supreme Court.
The Petitioners claimed that;
- The dust, minerals, smoke and sands
emitted by the said factory have excessively
polluted the springs water and nearby water
bodies, land and atmosphere of the said
area, thus continuously deteriorating the
health, life, education and profession of the
research experts of the petitioner institute,
the students of St. Xaviers school, the
laborers working in the industry and their
family members and ultimately the local
inhabitants.
- No measure has been adopted to halt the
negative impact and loss on the environment.
- While blasting dynamites, crushing stones
and transporting boulders and marble, even
the minimum security measures have not
been adopted or granted neither by the
industry nor the government.
Likewise on the behalf of Industry, Mr. Mukti
Prasad Kafle, (the Secretary of the Ministry
of Works and Transport ), Mr. Ashok Kumar
Todi, (the chairman of the Board of
Directors, an authorised person on behalf of
the Godawari Marble Industry ), Mr.
Birendra Nath Khujeli, (Secretary of the
Ministry of Forest and Soil Conservation),
Mr. Yogendra Nath Ojha,( Acting Secretary
of the Home Ministry ), Mr. Ananda Bilash
Upadhyaya, (Deputy Director General of the
Royal Botanical Garden, Godawari,
Lalitpur), Mr. Sushil Bhattarai, (Acting
Director General of the Department of Soil
and Watershed Conservation), Mr.
Purushottam Silwal, (TheChairman of
Godawari Village Panchayat, Lalitpur) give
their written statement. The common voice of
there is summarized as;
-Petition is filed with ill-motive and vested
interest to cause negative impact on the
goodwill of this company gained in the
industrial arena within prevailing law and
regulations.
-This company has obtained the license on
2034/7/24 (Nov. 9, 1977) from the HMG
Department of Industry, for expansion and
modernisation of the marble industry.
-The petitioner hasn’t been able to produce
any evidence of the misdeed of Home
Ministry.
-Marble Factory has contributed to local
development which has created more
employment opportunities to the local
people. Local people have not faced any
inconvenience and insecurity because of the
factory.
-The local people have secured job
opportunities which has resulted into the
local development as well as national
economic development.
-So, all of them have requested dismiss the
writ petition against them.
Furthermore, the written statement (on
behalf of the petitioner) are highlighted as;
-Mr. Prakash Mani Sharma and Mr.
Upendra Dev Acharya, the learned
Advocates, appearing on behalf of the
petitioner have put forward the Article 11 (1)
of the Constitution of Nepal, 2019 B.S. which
provides that no person shall be deprived of
his life and personal liberty save is
accordance with law. The works carried out
by the respondent Godawari Marble
Industries have been disbalanced to the
environment.
-The petitioner LEADERS Inc. does have
locus standi, as protection and conservation
of the environment is the objective of the
petitioner and environmental problems in
Godawari area has adverse impact on the
petitioner as well.
-Substantially an environmental issue is a
matter of public interest and the term public
rights used in the Article 88 (2) of the
Constitution of the Kingdom of Nepal, 2047
(1990) B.S. implies to the common right
provided by any law or Constitution in any
community or people of the Kingdom of
Nepal. This fact has been established in the
writ petition of Radheshyam Adhikari Vs.
Kalyan
Bikram Adhikari As the present writ petition
represents both the public interest and public
right, it cannot be said that the petitioner
does not have locus standi. Since the
petitioners` locus standi in a case of public
interest is very broad, thequestion of locus
standi in the present case can`t be limited.
Here the principles by Supreme Court can be
highlighted as;
-Supreme Court has formulated the principle
that if the public property is not preserved
properly, anybody concerned with the public
property can approach the Court with the
aim of preserving that property. Similarly,
the present issue is also a matter of public
interest; therefore any concerned person can
file a writ petition.
-Article 26 (4) under the Directive Principles
and policies of the Constitution of the
Kingdom of Nepal, 2047 (1990) B.S/ there
has been a constitutional provision which
states that the State shall give priority to the
protection of the environment and prevent its
further damage from various physical
development activities by creating awareness
to the people on cleanly environment
-The activities of the respondent Marble
industry have created environmental
degradation, noise pollution , rareness of
birds and species.
-Even from the economic point of view, the
activity of respondents is against the
economic welfare of the nation.
-Since the respondent industry is a capital
intensive rather than labour intensive one, it
has not been able to make any contribution
in providing employment opportunity.
-The negative impact caused by the
Godawari Marble Industries on the
environmental, natural and cultural heritage
is much more greater than the royalty Rs.
20,000/- it pays annually to HMG/N. But in
reality the Nepal Mines Act 2042 B.S. which
has not come into force yet, should not be
considered for the authority. There is not
clearly mentioned in the petition that which
provision of which Act does the respondent
violate. If a section of law is violated, then
the writ of Mandamus is issued. But such
condition has not arisen in the current writ
petition. Nepal Mines Act 2023 B.S. has no
provision for environment. Though Rule 23
of the Minerals (Amendment and
Consolidation) Rules 2018 B.S. provides for
the preconditions, it does not stipulate any
condition relating to environment. Though
the Minerals Act 2042B.S. and Clause 11 (a),
added by the amendment of 2052/2/5 B.S.
(May 19, 1995) are important landmarks in
safeguarding the environment, the
government has not yet promulgated the Act
but the Act was amended on 2052-2-5 (May
19,1995). Henceforth it is revealed that the
time has came to mitigate the uncertainty
prevailing presently and to fulfill national
and international responsibilities towards the
environment by promulgating a separate
environmental law. While summing up the
demand of the petitioner , it is appeared
mainly that the respondent industry has
degraded the environment and from the
negative effect of which has infriged the right
to live in healthy environment of person.
The decision of the court is summarized as;
-Taking into account the sensitive,
humanitarian issue of national and
international importance such as the
protection of the environment of Godawari
area, we found that effective and satisfactory
corrective activity has not taken place.
Therefore, it is appropriate to issue this
directives in the name of respondents to
enforce the Minerals Act 2042 (1985), enact
necessary legislation for protection of air,
water, sound and environment and to take
action for protection of the environment of
Godawari area.
-The Court concluded that the clean and
healthy environment is part of the right to life
under the Article 12 (1) of the Constitution of
the Kingdom of Nepal 1990.Also it accepted
environmental degradation as a public
problem and matter of public interest.The
court also emphasized that it is very
necessary to enact the comprehensive
Environment protection Act and to
implement it effectively.
-The Court concluded that the clean and
healthy environment is part of the right to life
under the Article 12 (1) of the Constitution of
the Kingdom of Nepal 1990. In this case
locus standi of NGOs or individuals working
for the protection of the environment has
been enunciated very clearly. The Supreme
Court directives in the name of respondents
to enact necessary for protection of air,
water, sound and environment and to action
for protection of the environment of
Godawari area.
-In the view of national and international
need and commitment, the court said that
protection of environment in the Godawari
area involves the matter of national and
international importance. The court went to
the extent of saying that, as it is one of the
policies of the state as envisaged in the
constitution under the “Directive principles
and policies of the state” and also issued a
direction for implementing the Mines and
Mineral Act, 1985.
Later in 2001 a group of environmentalists
including lawyers representing Pro Public
continued its fight against the government’s
decision, filing another petition demanding
an end to the factory’s extraction works. The
areas surround the Godawari Marbles are
home to 330 types of butterflies, 254 types of
birds, 80 types of trees and 571 types of
fruits. The area also houses a botanical
garden and fish farming research centre. The
writ states the main food for birds and
animals in the area is limestone and
tampering with it will impact the
biodiversity. The petitioners this time, citing
a government study, mentioned that the
factory’s activities had been affecting the
fertility of land in the area and decreased the
water availability, leading to a decline in
food production. But before the apex court
could issue a verdict, the Department of
Mines extended factory’s licence to operate
until 2021.
In response to this petition filed in 2001 by
Pro Public, demanding that the Godawari
Marbles be restricted to carry out extraction
works as it threatens biodiversity of the area,
the supreme court of Nepal give its final
decision, in the decision it directed the
government to shut down the controversial
Godawari Marbles Factory, located in
Lalitpur district, in a move to protect the
environment and biodiversity. A three-
member bench of Justices Sushila Karki,
Govinda Upadhyay and Jagadish Sharma
Poudel passed the verdict, stating that the
factory’s operations including quarrying and
extraction works caused adverse impacts on
the local environment and threatened the
existence of globally important flora and
fauna. Also the court verdict annuls the
Department of Mines and Geology’s decision
to extending Godavari marble factory’s
licence to operate until 2021 of further right to personal liberty, the Supreme Court
asking the government not to extend the lease established the right to healthy environment
period. as being a part of fundamental right
In conclusion, it can be said that the apex enshrined in the right to life guaranteed by
court’s ruling has been hailed as a major the constitution.
victory by the environmentalists and First case end.
activists, who have continuously raised
concerns over the adverse impacts from the
extraction of mines and operation of the
marble factory on local environment, public
and rich flora and fauna in Godawari and
surrounding areas in the Phulchowki hills.
This is a major achievement in our fight for
the protection of the rich biodiversity in the
area that was under severe threat from the
factory. Furthermore this is the very Case – 2
noteworthy case in environmental sector. It Name:
is the milestone of the environmental judicial
activism. In this case, by interpreting the Baadi: Yogi Narahari Nath
Pratibaadi: Prime Minister Girija Prasad Supreme Court of Nepal
Koirala & Others
Nepal Kaanun Patrika (NKP): 2061, NO: 1 Surendra Prasad Singh CJ and
Narendra Bahadur Neupane
Page Number: 1361 Subject: Certiorar
Decision Date: Facts of the Case :
Court: -In 8 August 1993, an agreement was signed
Judges: between the Ministry of Education,Culture
and Social Welfare and the International
(Yogi Narahari Nath vs. Prime Minister Society for Medical Education (USA) for the
Girija Prasad Koirala & Others , NKP purpose of establishing a College of Medical
(2061), No. 1, P. 1361). Science in Nepal.
Answer: …………..pura correction here la -To this end the Government of Nepal leased
Assignment: Case:2 42 Bigaha of land for 49 years in Devghat
Yogi Narahari Nath area of Chitwan District to the International
vs. Society for Medical Education (USA).

Honorable Prime Minister Girija Prasad -Having considered the national importance
Koirala and other 33 NLR, 1955 of that land, the petitioners including Yogi
Narahari Nath, a renowned scholar and
preacher, filed a public interest litigation
suit.
-It was under the Art 88 (2) of the
Constitution of the Kingdom of Nepal, 1990
with the Supreme Court asking for the
government decision to be quashed.
-The petition was based on the contention
that land of the Devghat area is of great
significance to religion, culture, nature and
archaeology, and therefore,such land must
be protected in the best interests of the
nation.
Existing Legal Framework :
i) Constitution of the Kingdom of Nepal,
1990, Art. 19(2), 26(4), 88(2)
ii) Forest Act 1993, Section 68
iii) Ancient Monuments Protection Act 1954
Sections 9 &amp; 10
Decisions of Supreme Court :
-Because of the public interest in the land of
the sacred Devghat area surrounded by
forests and their religious, biological,
cultural and archaeological importance, the
Supreme Court quashed the Government’s
decision to lease the land for the stated
purpose.
-While issuing the order of certiorari, the
court, recognized the &quot;public trust
doctrine&quot; by declaring that the
protection and maintenance of the subject
matter and resources, which are
archaeologically important, is the primary
responsibility of the Government.
-The Court also noted that if such should be protected for the maintenance of
archaeological or ancient heritage, is not pollution free environment.&quot;
protected, &quot;we ourselves may forget NOTE: SEE CORRECTION AND ADD.
our ancient civilization and culture&quot;.
-The Court based its decision also on the
ground that the Government did not have
power to lease such an environmentally and
archaeologically important sacred place
such as Devghat in an arbitrary manner and
that the Government
could have given other parcels of land for the
intended development.
-The court declared that &quot;the
environment is the integral part of human
life, if it is degraded human beings as well as
animals would suffer negative
impact.Therefore resources like forests
Case – 3
Name:
Baadi:
Pratibaadi:
Nepal Kaanun Patrika (NKP):
Page Number:
Decision Date:
Court:
Judges:
Bhoj Raj Aer vs. Ministry of Population and
Environment, NKP (2061), No. 10, P. 1368.
…………………KHOJ….
Case – 4 Ans. This is one of the vital cases for the
protection of environment on the basis of
Name: Environment protection Act, 2053 and
Baadi: Environment protection Regulation, 2054.
Pratibaadi: Petitioner Bhoj Raj Aer demands mandamus
Nepal Kaanun Patrika (NKP): and other necessary order to determine
criteria according to Article 88(2) of
Page Number:
Constitution of Kingdom of Nepal 2047 B.S.
Decision Date: The verdict has passed by Honorable Judge
Court: Kedar Nath Upadhya and Honorable Judge
Hari Prasad Sharma. The brief explanation
Judges: of case is given below
[Bhoj Raj Aer vs. Ministry of Water
Case: Mandamus
Resources & Others, NKP (2061), No. 10, P.
1288.] Mandamus (lit. ''we command'') is a judicial
remedy in the form of an order from a court
Q.4. Explain briefly the case Bhoj Raj Aer
to any government, subordinate court,
vs. Ministry of Population and Environment,
corporation, or public authority, to do (or
NKP (2061), No. 10, P.1308.
forbear from doing) some specific act which
that body is obliged under law to do (or
refrain from doing), and which is in the
nature of public duty, and in certain cases
one of a statutory duty. But it cannot be
issued to compel an authority to do
something against statutory provision. The
party requesting a writ of mandamus to be
enforced should be able to show that they
have a legal right to compel the respondent
to do or refrain from doing the specific act.
The purpose of mandamus is to remedy
defects of justice. It lies in the cases where
there is a specific right but no specific legal
remedy for enforcing that right. Generally, it
is not available in anticipation of any injury
except when the petitioner is likely to be
affected by an official act in contravention of
a statutory duty or where an illegal or
unconstitutional order is made. The grant of
mandamus is therefore an equitable remedy;
a matter for the discretion of the court, the
exercise of which is governed by well-settled
principles.
Fact of case:
Environment degradation is seen as one of
the major problems today. At present, the
global community is suffering from
environmental problems such as global
warming, deforestation, intrusion of harmful
wastes, acid rain, marine pollution,
desertification and so on. In Nepal,
especially floods, landslides, deforestation,
destruction of biodiversity, dirty water and
air pollution are on the rise, so taking into
account clean and healthy environment is a
part of the totality of life, Environment
Protection Act, 2053 and Environment
Protection Regulation, 2054 are the legal
provision reflected in the prevention of Due to the lack of implementation of the
pollution. pollution control act the right of life
guaranteed by constitution of kingdom of
The Environment Protection Act, 2053 and
Nepal 2047 Article 12(1) is also violated.
Environment Protection Regulation, 2054
The ministry till now has not designated such
has guaranteed the “right to live in healthy
kind of standard. The mandamus with other
environment”. The standard established as
necessary command is to be provided to
per this provision, no one should make any
designate the standard of the pollution like
emission of radioactive rays, UV waves heat
noise, heatpollution, radioactive rays,
pollution, emission of sound as well as
dispose waste from vehicles and other
dispose waste from industries, vehicles or
industrial installations as according to
from any other place.
Section 7(1) of the Environment protection
Claim of Claimant: Act 2053 and Rule 15 of the Environment
protection Regulation 2054. Moreover,
No one shall go against the standard and
claimant demands the work should be done
produce radioactive rays, noise, heat or any
under criteria of WHO in the relation of
other kind of pollution. Bhoj Raj Aer
health of citizen. As well as ozone layer and
mentioned in his writ petition that criteria of
hydrocarbon layer shall also be mentioned
noise, heat, ray of radioactive substance and
along with the expert decision in related with
wastes dispose from mechanical instrument.
quality of water shall also be demanded in
the reply of respondent.
Response from Respondent:
To maintain the standards several works
ongoing research are designated with the
help of expertise and institutions. The
research and study of air pollution in
Pokhara, Biratnagar and Birgunj
(2056/11/10), Mohana river pollution
(2056/11/16), sound pollution in Kathmandu
Biratnagar Pokhara (2056/12/28) are some
research with the help of expertise to
designate the standard.
Hence, the writ must be quashed on the
ground that there are several ongoing
researches to designate the standard within
this fiscal year.
Decision from Supreme Court:
A committee of representatives of
governmental and non-governmental sector
formed to provide advice about the means of
transportation by using gas in the convener
ship of Ministry of population and
environment. The supreme court of Nepal
demand reply that there is possibility or not
to determine criteria of pollution and
implement it on 2057/2/20 with ministry of
population and environment. Ministry of
Population and environment mention in reply
that ministry not able to determine criteria of
pollution within six months. Supreme court
reorder ministry of population to mention the
date line of determination of criteria of
pollution and submit concealing of concealer
on 2057/05/09. Concealing letter provided by
Ministry of population to the supreme court
on 2058/05/01. Ministry of population and
Environment mention in Concealing letter
that ministry was planning to determine
criteria of air, water and noise with in fiscal
year 2058/059. Ministry of Population also
submit report prepared on the basis of
concealing of concealers.
Precedent of the case:
Environmental protection and pollution
control are related with fundamental human
right of general people so that state have
responsibility to appropriate management of
it. Practical Legal frame work cannot made
for healthy environment without
determination of criteria of pollution so that,
there should not be any laches to determine
criteria. According to discussion of specialist
it is concluded that there is necessary to
improve in draft of ministry of population
and environment directly. Order of
mandamus is issued in the name of defendant
ministry of population and environment to
determine criteria of pollution for prevention
and control of pollution according to
Environmental protection Act, 2053 and
Environmental protection Regulation, 2054
by the advises and help of concern
foundation, governmental and non-
governmental institutions etc.
At last not at least:
As a student of law, I would like to
summarize the verdict of this case as, right to
life is fundamental right for all people thus it
is the responsibility of government to protect
the life of people by protecting environment
and providing pollution control mechanism.
The documents and things mentioned in this
case in the court must be undergone
accordingly. The mandamus order is hence
provided to set the standard by consulting
with the experts and all others necessary
organizations to control such pollutions as
provided by the Environment Protection Rule
Within the fiscal year.
Case – 5
Name:
Baadi:
Pratibaadi:
Nepal Kaanun Patrika (NKP):
Page Number:
Decision Date:
Court:
Judges:
Khoj….. Baki chha….
[Prakash Mani Sharma & Others vs. His Majesty's Government of
Nepal, Writ No. 2898, Decision Date 2061/09/06.]
 [Bhoj Raj Aer & Other on Behalf of Society for
Environment, Law and Good Governance Activities
(SELGA) vs. Prime Minister & Others, Writ No. 3377
(2060)].

Case – 6
Name:
Baadi:
Pratibaadi:
Nepal Kaanun Patrika (NKP):
Page Number:
Decision Date:
Court:
Judges:
Khoj….. Baki chha….
 [Narayan Devkota vs .Prime Minister and Council of
Ministers & Other, NKP (2067), No. 12, P. 2053.]

Case – 7
Name:
Baadi:
Pratibaadi:
Nepal Kaanun Patrika (NKP):
Page Number:
Decision Date:
Court:
Judges:
Khoj….. Baki chha….
 [Advocate Bharat Mani Gautam vs. Council
of Ministers & Other, Writ No. 2791 (2057),
Date of Decision: 2058/2/19.]
Case Assignment

Case – 8 Advocate Bharat Mani Gautam

Name:
vs.
Baadi: Advocate Bharat Mani Gautam
Council of Ministers and
Pratibaadi: Council of Ministers & Other Others,
Nepal Kaanun Patrika (NKP):
Writ no. 2791(2057),
Page Number:
Date of Decision 2058/2/19.
Writ number: 2791(2057) Supreme Court Division Bench
Decision Date: 2058/2/19.
H'rableJustice Shree Krishna Jung
Court: Rayemajhi
Judges: H'rable Justice Gopal Prassad Khattri
 Order Date-2057(?)
Subject-Certiorari/Mandamus/Prohibition
which can be obtained by issuing
appropriate orders or warrants
Petitioner-Advocate Bharat Mani Gautam,
30, of Delhi Bazar, Ward no.33
Opposition-His Majesty’s Government,
Council of Ministers Secretariat, Singha
Durbar
Facts of the Case-
-According to Sub- Section (1) (c) of Section
23 of Vehicle and Transport Management
Act, His Majesty’s Government may set the
necessary criteria for pollution from
vehicles. His Majesty’s Government has for
the first time published a notice in the Nepal
Gazette on 2051/4/17 specifying the pollution
standards of vehicles running on petrol and
diesel.

Ministry of Labor and Transport, Singha - The said notice was quashed and the
Durbar pollution standards for the vehicles running
on petrol and diesel was fixed again on
Ministry of Population and Environment , 2054/9/8.Similarly, the pollution standards
Singha Durbar for all other vehicles other than power tiller,
Ministry of Finance, Bagh Durbar dozers, loader, dumper, crane, roller, and
excavator, to be imported after 2056//9/8
Department of Transport Management, shall be implemented according to
Lalitpur Environment Conservation Regulation, 2054.
-However, His Majesty’s Government has
not yet specified the pollution standards for
tractor, power tiller, dozer, loader,
dumper,cranes, roller, excavators, and
microbuses that use cooking gas as fuel.
- Although cooking gas sold and distributed
in Nepal is not odorless, it can be used as a
fuel in microbuses but the pollution from it is
significant. Similarly, His Majesty’s
Government by publishing a notice in Nepal
Gazette dated 2056/9/8 has decided to allow
import only by registering and thus giving
full exemption of 99% customs duty and
value added tax on imported micro busses.
-The right to life of the people is guaranteed
by Article 12 of the Constitution of the
Kingdom of Nepal, 1990. In the case of Surya
Prasad Sharma Dhungel vs. Godavari
Marbel Industries Pvt.Ltd, the Supreme
Court full bench has already been given the
explanation that the creation of a polluted
environment abducts the life of any
person.The prevailing law has not provided
any authority to His Majesty’s Government
the right to import LPG powered micro buses
and the above mentioned vehicles without
studying the negative aspects and without
determining the pollution standards.
-LPG is highly flammable and the risk of an
explosion is ever present. Vehicles powered
by it are more sensitive and emit nitrogen
oxides, hydrocarbons and other pollutants
that adversely affect the environment. The
right to live in a clean environment and the
legal principles enunciated by this court have
also been flagrantly violated.
-Therefore, the petitioner has demanded that
the issuance of notice no.3 published on
2056/9/8 in Nepal Gazette regarding an
exemption to import and operate LPG Facts in Issue
powered microbuses and dozers, power
-Whether the right to live in a clean
tiller, loaders, dumpers, cans, rollers,
environment has been traumatized by His
excavators without determining the pollution
Majesty’s Government?
standards which have a significant adverse
effect on public health and lives should be -Whether His Majesty’s Government failed
quashed by the order of certiorari. Similarly, its responsibility as per the law?
until the pollution standard is prescribed for
-Have the respondents fulfilled their legal
the microbus and dozers, power tillers,
obligations with respect to the demand of the
loaders, dumpers, cranes, rollers operated by
petitioner? Should the orders be issued as
LPG in accordance with section 23(1) (c) of
per the petitioner’s demand? What kind of
the Vehicle and Transport Management Act
orders are to be issued to deliver an
2049, the import of these vehicles should be
appropriate remedy?
stopped by issuing Mandamus and the
microbuses and dozers thatentered Decisions
Kathmandu should be stopped from
operating in the Kathmandu valley until the -The court, agreeing with the petitioner,
standards are met. interpreted Article 12(1) and Article 26(4) of
the Constitution of the kingdom of Nepal,
1990, saying that these provisions in the
Godavari Marble case clearly established
the right to a clean and healthy environment
and personal liberty of any person. A
polluting environment would deprive persons
of human life and ultimately would put
human lives in danger. The state should
therefore give priority to environmental
protection and the government should
perform its duties accordingly.
-The court then stated that the movement of
vehicles should be prevented for the purpose
of protecting the right to life considering the
habitation of large numbers of people and
the harmful effects of continuing. The court
further said that the government has the duty
to prescribe standards even for microbuses
that run from cooking gas for environmental
protection. The Court, however did not
consider it illegal to provide facilities to
import the same microbuses nor was it
illegal to fail to prescribe standards for the
petrol and diesel engine tractors, dozers,
power tillers, loaders, dumpers, cranes,
rollers, excavators etc.
-The court, did issue a mandamus to the
Cabinet Secretariat to prescribe standards as
soon as possible for both these types of
vehicles, accordingly permission was given
to allow them. The court also emphasized
monitoring such vehicles to control pollution.
Thus, after analyzing the above mentioned
case we can find that the Supreme Court acts
as a check on government policies that
disrupt fragile ecological balances and
generate awareness and consciousness
amongst policy makers through court
verdicts and orders. The Supreme Court, in
this case has explained the scope of right to
live interpreting the article 12 (1) and article
26 (4) of Constitution of Kingdom of Nepal.
Thus, it is everyone’s duty to maintain a
clean, hygienic and healthy environment.
Even those human beings who claim this
right have to fulfill their duty to protect and
improve the environment.
Submitted by: ….
Roll no: …(B.A.LL.B 7 th Semester),
20…
 [Advocate Bharat Mani Gautam vs. Council of Ministers
& Others, Writ No. 3474 (2056), Date of Decision
2059/7/3. …….baaki chha……

Case – 9
Name:
Baadi:
Pratibaadi:
Nepal Kaanun Patrika (NKP):
Page Number:
Writ number:
Decision Date:
Court:
Judges:
10. Pro- Public, Batabaran Samrakchhyan
Muddaharuko Sangalo (in Nepali),
Kathmandu: Pro-Public, 2057 BS.
Note: select any five good cases.

Appendix - 0
Environmental philosophy is an abstract branch of DARSHAN (Philosophy) that
concerned, on the one side, with the Natural Environment and another side, with
Artificial Environment together with socio-cultural matters. We have discussed
the following philosophical aspects of environment:
i. Environment as an ecosystem:
The term 'environment' is widely used in different realms. In practice, it has a broad range
of definitions, meanings and interpretations. What does the terminology 'environment'
mean? In our popular usage, for some people, the word 'environment' means, simply, the
'nature or natural things' with the different natural landscape together with all of its
different non-human features and processes. However, for other people, the term
'environment' consists the human elements to some extent. Many people take agricultural
and pastoral landscapes as a part of the environment and all elements of the earth's
surface - including different urban areas constituting the environment. Thus, in popular
usage, the concept of the 'environment' is closely related with diverse images and is bound
up with various assumptions and beliefs that are often unspoken in our society. Does
environment exists with or without human beings and their activities? If there was no
human, who would define the environment? Yet present, there is no possibilities of finding
any other creature who could use their brain to define nature and universe. Hence, the
environment is, distinctly, related with the long existence with human civilization. The
habitats and resources that humans exploit from the nature that surrounds human
settlements are the gift from the nature. There are other infinitely many such natural things
with which human has not become successful to bring them under exploitation. Such
'wilderness' that humans have not yet domesticated or dominated till now are also the part
of environment. Most unknown, but in existence, are also the natural environment.
In literal sense, 'environment' simply means 'surroundings'. The environment of an
individual, object, element or system includes all of the other entities with which it is
surrounded. Is it possible, in reality, the individuals, objects, elements and systems rarely
exist in isolation? Therefore, it is not particularly helpful to conceptualize the 'environment'
without including the relationships among those objects or matters. Individuals, objects,
elements and systems influence - and are in turn influenced by - their surroundings.
Indeed, the networks of relationships that exist between different entities may, in some
special cases, be extensive and highly complex. Thus, the 'environment' may be regarded
as a 'space' or a 'field' in which networks of relationships, interconnections and
interactions between entities occur. To those who have studied the science of ecology, such
a conceptualization will be familiar, since ecologists are concerned with both the biotic
and abiotic (non-living) components of environmental systems - and especially with the
interactions of those components.
In fact, the term 'environment' is often used interchangeably with an ecological term
'ecosystem' that can be defined as a community of interacting organisms together with
their physical surroundings. Ecosystem is the community of biotic factors in conjunction
with the abiotic factors of their environment, interacting among them forming a special
system. These factors are correlated through the nutrients cycles (food chain) and energy
flows. The energy prepared during photosynthesis is incorporated into plant tissue and
through the food chain process energy is transformed from organism to organism.
 The notion of interrelationship between the biotic and abiotic factors has played the
significant role in maintaining ecosystem. The degradation of environment is due to their
interactions.
ii. Environment as a Systems analysis approach
The systems analysis approach is developed by the interactions and interrelationships
between different parts of the environment, which is a systems framework. In fact, many
environmental scientists has started to think in terms of the whole 'earth system' and its
components, subsystems and processes. The term 'earth system' is a more useful one than
the classical term 'the environment', due to the fact that the natural world is a dynamic,
more complex entity with its own natural laws and processes, rather than being simply a
passive space that is inhabited, exploited and given significance by humans. Moreover,
increasingly, environmentalist have acknowledged that the study of environment is ideally
an interdisciplinary in nature and is studied in many academic disciplines for different
issues. Understanding complex global environmental issues such as climate change,
global warming require expertise beyond the scope of any single academic discipline. The
study of environmental science and law is, ultimately, focused on the planetary scale in
earth system forms and how human utilizes and integrate this approach for their survival.
This is not to say that the study of environmental issues at other scales is unimportant and
useless but, in fact, the management of localized environmental issues - such as the
pollution of streams and rivers and ponds - is critically important for human communities,
livelihoods and well-being, as well as for the health and integrity of ecosystems.
Nevertheless, the study and management of local and regional environmental issues within
a holistic, integrated, global context are very important. The earth system may be
subdivided, for our convenience, into categories like 'geosphere', 'atmosphere',
'hydrosphere' and 'biosphere' - as well as into smaller categories - it is important to
emphasize that such categories interact and overlap at all spatial and temporal scales.
"Humans' place" is an important part of environmental philosophy. Some crucial
questions such as: "What do we mean when we talk about nature and natural
things?", "What is the value of the nature?", "What is the relation between human
and non-human environment?" are related with philosophy of environment. There
are more two important questions among us, the first question is: "Are we going
to destroy the nature very soon?" and the second question is: "What is the future
existence of earth?" or "After how many years later, the existence of earth will be
vanished?"
iii. Environmental philosophy as a branch of philosophy:
Environmental philosophy is a branch of philosophy that is concerned with
the natural environment and humans' place within it. It asks crucial questions
about human environmental relations such as "What do we mean when we talk
about nature?" "What is the value of the nature, that is, non-human environment
to us, or in itself?" "How should we respond to environmental challenges such
as environmental degradation, pollution and climate change?" "How can we
understand the best relationship between the natural world and technological
development of human?" and "What is our place in the natural world?" The
philosophy of environment tries to find the answers of such questions.
Environmental philosophy includes the following things:
1. Ethics of environment or environmental ethics.
2. Aesthetics of environment or environmental aesthetics.
3. Ecofeminism
Ecofeminism, also called ecological feminism, branch of feminism that
examines the connections between women and nature. Its name was coined by
French feminist Françoise d'Eaubonne in 1974. Specifically, this philosophy
emphasizes the ways both nature and women are treated by patriarchal (or male -
centred) society.
Merriam Webster: Ecofeminism is a movement or theory that applies feminist
principles and ideas to ecological issues.
4. Environmental hermeneutics
Hermeneutics is the art of understanding and of making oneself understood.
Hermeneutic philosophers examine, for example, how our cultural traditions,
our language, and our nature as historical beings make understanding possible.
The hermeneutic approach holds that the most basic fact of social life is the
meaning of an action. Social life is constituted by social actions, and actions are
meaningful to the actors and to the other social participants. The most used term
environmental hermeneutics indeed, is a relatively recent stance
within environmental philosophy that built on the insights and theories from
philosophical hermeneutics. Philosophical hermeneutics starts with the idea that
humans are essentially interpretative beings that seek to understand meaning.
Hermeneutics traditionally focuses on the understanding and interpretation of
texts; environmental hermeneutics seeks to expand this scope to include
environments and landscapes. The starting point is the idea that the world we
inhabit is always already interpreted and infused with meanings, and that
environments matter to people as normative context that help them make sense of
their lives. Environmental hermeneuticists examine the role of interpretation and
conflicts of interpretations in human relations with environments and explicate
how these are intertwined with notions of environmental identity.
5. Theology of environment or environmental theology.
The philosopher which are devoted for the answer of the questions relating to
nature and its existence are called environmental philosopher.
Some of the main areas of interest for environmental philosophers are:
1. Defining environment and nature
2. How to value the environment
3. Moral status of animals and plants
4. Endangered species
5. Environmentalism and deep ecology
6. Aesthetic value of nature
7. Intrinsic value
The intrinsic value of something is said to be the value that that thing has “in
itself,” or “for its own sake,” or “as such,” or “in its own right.”
Extrinsic value is value that is not intrinsic. People value a wide variety of
things intrinsically (e.g., personal mementos, cultural and religious artifacts,
ceremonies and rituals, accomplishments, performances, and historical sites) and
they do so for a variety of reasons (e.g., for what an entity represents, what it
embodies, its rarity, its history, or its beauty). Many people value species and
ecosystems intrinsically (e.g., for their complexity, diversity, spiritual
significance, wildness, beauty, or wondrousness). As a result, species and
ecosystems have subjective intrinsic value. How much subjective intrinsic value
they have, in general or with respect to particular systems and species, depends
upon the prevalence, strength, and stability of the valuing. Many people value
some species and ecosystems (e.g., charismatic megafauna and old growth
forests) more than others (e.g., infections microorganisms and deserts). As a
result, they possess more subjective intrinsic value. According to the natural-
historical value view, natural entities, including species and some ecosystems,
have intrinsic value in virtue of their independence from human design and
control (Katz 1992) and their connection to human-independent evolutionary
processes (Rolston 1986).
According to the inherent worth view, environmental entities have intrinsic value
in virtue of having a good of their own or interests that people (valuers) ought to
care about (Sterba 2001, Taylor 1986). All living organisms have a good of their
own. There are things that are good and bad for them independent of the effects
on others (e.g., oak wilt is bad for oak trees, and ocean acidification is bad for
corals). While it is uncontroversial that all organisms have a good of their own,
there are a variety of views regarding which organisms' good or interests people
ought to care about. Anthropocentrism is the view that only human interests
need to be taken into account (Pinchot 1914, Baxter
1974). Nonanthropocentrism is the view that at least some non-human interests
need to be taken into account as well. (There is another conception of
nonanthropocentrism on which a view is nonanthropocentric if it implies that
non-human nature possesses intrinsic value of any type e.g., natural historical
value, inherent worth, or subjective intrinsic value). Within
nonanthropocentrism, sentientism is the view that only psychologically complex
entities (e.g., those that experience pleasure and pain) need to have their interests
considered (Singer 1977), while biocentrism is the view that the good of all living
things need to be taken into account (Taylor 1986). Generalization arguments are
the most prominent type of argument for nonanthropocentrism. They aim to show
that if humans have inherent worth, then so too do non-humans i.e., there is no
adequate justification for taking the good or interests of humans into
consideration, but not the good or interests of non-humans (Singer 1977, Taylor
1986, Sandler 2007).
Some environmental ethicists (Sterba 2001, Johnson 1991) have argued that
species and ecosystems also have a good of their own and that their good needs to
be taken into account i.e., that they have inherent worth. The difficulty with
this ecocentrism view is that it is not clear that there is anything that could be
considered the species' or ecosystem's good above and beyond (or distinct from)
the good of the individual organisms that comprise them. What appears to be the
good of species and ecosystems often is only a by-product, average, or aggregate
of that of individual organisms (and some collectives, such as ant colonies or bee
hives). Therefore, even if individual wolves have a good of their own and inherent
worth, Canis lupus, the species, may not (Cahen 1988, Sandler 2007).
Proponents of intrinsic value — both subjective and objective — believe that it is
crucial to the justification for, and practice of, conservation biology. Policies and
practices aim to accomplish goals. These goals need to be justified, particularly
when there are costs involved in pursuing them and alternatives to them. This
applies to the goals of conservation biology and ecosystem management. There
are costs associated with preserving species and effectively managing ecological
systems, and there are alternative uses for managed spaces and management
funds. Goals are justified by appeal to values. If restricting certain activities in an
area or allocating resources to preserve species is justified, the justification must
make appeal to the value of the species or the ecosystem. Sometimes, the
justifying value is instrumental, as is the case with fisheries (natural resource
value), watersheds (ecosystem services) and ecotourism (economic value).
However, many species are quite low on instrumental value (Maclaurin &
Sterelny 2008), and in some cases instrumental value (particularly economic and
resource values) will favor development and use rather than conservation and
preservation. In these situations, preservation, conservation, and assisted
recovery goals are justified only if the organisms, species, or systems involved
possess non-instrumental (i.e., intrinsic) value.
8. Wilderness
9. Restoration of nature
10. Consideration of future generations
11. Ecophenomenology
Ecophenomenological approach has developed in the field of architecture,
looking at how constructed and lived spaces interact with and shape human]
iv. Contemporary issues of environmental philosophy:
Modern issues within environmental philosophy include but are not restricted to
the concerns of environmental activism, questions raised by science and
technology, environmental justice, and climate change. These include issues
related to the depletion of finite resources and other harmful and permanent
effects brought on to the environment by humans, as well as the ethical and
practical problems raised by philosophies and practices of environmental
conservation, restoration, and policy in general. Another question that has settled
on the minds of modern environmental philosophers is "Do rivers have
rights?" At the same time environmental philosophy deals with the value of
human beings attach to different kinds of environmental experience, particularly
how experiences in or close to non-human environments contrast with urban or
industrialized experiences, and how this varies across cultures with close
attention paid to indigenous people.
iv. Modern movement of environmental philosophy
Environmental philosophy emerged as a branch of philosophy in 1970s. Early
environmental philosophers include Richard Routley, Arne Næss, and J. Baird
Callicott.
The movement was an attempt to connect with humanity's sense of alienation
from nature in a continuing fashion throughout history. This was very closely
related to the development at the same time of ecofeminism, an intersecting
discipline. Since then its areas of concern have expanded significantly.
The field is today characterized by a notable diversity of stylistic, philosophical
and cultural approaches to human environmental relationships, from personal
and poetic reflections on environmental experience and arguments
for panpsychism to Malthusian applications of game theory or the question of
how to put an economic value on nature's services. A major debate arose in the
1970s and 80s was that of whether nature has intrinsic value in itself independent
of human values or whether its value is merely instrumental, with ecocentric or
deep ecology approaches emerging on the one hand versus consequentialist or
pragmatist anthropocentric approaches on the other.
Another debate that arose at this time was the debate over whether there really is
such a thing as wilderness or not, or whether it is merely a cultural
construct with colonialist implications as suggested by William Cronon. Since
then, readings of environmental history and discourse have become more critical
and refined. In this ongoing debate, a diversity of dissenting voices have emerged
from different cultures around the world questioning the dominance of Western
assumptions, helping to transform the field into a global area of thought.
In recent decades, there has been a significant challenge to deep ecology and the
concepts of nature that underlie it, some arguing that there is not really such a
thing as nature at all beyond some self-contradictory and even politically dubious
constructions of an ideal other that ignore the real human-environmental
interactions that shape our world and lives. [7] This has been alternately dubbed
the postmodern, constructivist, and most recently post-naturalistic turn in
environmental philosophy. Environmental aesthetics, design and restoration have
emerged as important intersecting disciplines that keep shifting the boundaries of
environmental thought, as have the science of climate change and biodiversity
and the ethical, political and epistemological questions they raise.
v. Environment philosophy as Deep ecology movement
In 1984, two famous environmentalist George Sessions and Arne Næss articulated
the "principles of the new Deep Ecology Movement". The basic principles
adopted by them are enlisted here:
 The well-being and flourishing of human and non-human life have value.
 Richness and diversity of life forms contribute to the realization of these
values and are also values in themselves.
 Humans have no right to reduce this richness and diversity except to satisfy
vital needs.
 The flourishing of human life and cultures is compatible with a substantial
decrease in the human population.
 Present human interference with the nonhuman world is excessive, and the
situation is rapidly worsening.
 Policies must therefore be changed. These policies affect basic economic,
technological, and ideological structures. The resulting state of affairs will
be deeply different from the present.
 The ideological change is mainly that of appreciating life quality (dwelling in
situations of inherent value), rather than adhering to an increasingly higher
standard of living. There will be a profound awareness of the difference
between big and great.
 Those who subscribe to the foregoing points have an obligation directly or
indirectly to try to implement the necessary changes.
In sum, philosophy of environment is like an ornament of environmental law
without which real study and understanding of environmental law is impossible.
APPENDIX - A
Seventh Semester (2078)
Course Code: Law 523 Credit: 3
Pass mark: 50% Duration: 48 hrs
Subject: Environmental Law Nature: Compulsory Unit 3: International Environment Law

Unit-1: Introduction (6hrs) (10hrs)

1.1 Concept and Philosophy of Environment 3.1 Meaning, Nature and Scope of International Environmental Law
1.2 Meaning and Definition, Nature, Scope and kinds of Environment
1.3 Global, regional and National Environment Problems and Issus: 3.2 Sources of International Environmental Law
Climate change 3.3 Kinds of International Law
1.4 Ozone Layer Depletion, acid Rain, nuclear weapons, atmospheric
Pollution 3.4 Major Provisions of Multilateral Environmental Agreements (MEAs) to Which
1.5 Loss of biodiversity : Depletion of Cultural Heritage, Energy Issue and Nepal is a Party
Food sovereignty issues
1.6 Causes and Effects of Environmental problems 3.5 Major Global and Regional (SAARC) Environmental Agencies for the
Protection of Environment
Unit 2: General Principles of Environment Law and Justice (10 hrs)
Unit 4: Environment Laws of Nepal (14hrs)
2.1 Concept, Meaning, Definition and kinds of environmental law
4.1 Concept, History of Environment Protection in Nepal
2.2 Concept meaning and Definition, Origin and Kinds of Environmental Justice
4.2 Sources of Nepalese Environment Laws
2.3 Principles of Environmental Law
4.3 Forest Conservation Laws
2.3.1 Preventive Principal
4.4 Water Conservation Laws
2.3.2 Polluter Pays Principle
4.5 Biodiversity and Wildlife Conservation Laws
2.3.3 Precautionary Principle
4.6 Cultural Heritage Preservation Laws
2.3.4 Principle of Inter- and Intra-Generational Equity
4.7 Pollution Preservation and Control Laws
2.3.5 Principle of Common Heritage of Human Kinds
4.8 Climate Change Policies and Action Plans
2.3.6 Principle of Good Neighborliness and International Cooperation
Unit 5: Relevant Court Cases (8hrs)
2.3.7. Principle of Common but Differentiated Responsibilities

2.3.8. Principle of No Significant Harms 1. Surya Prasad Sharma Dhungel & Other vs. Godavari Mable Industries &
Others, Nepal Kanoon Patrika (NKP) (2052), P.168
2.3.9. Principles of Sustainability

2.3.10. Principles of Environment Justice

6. Bhoj Raj Aer & Other on Behalf of Society for Environment, Law and Good
Governance Activities (SELGA) vs. Prime Minister & Others, Writ No. 3377
(2060).

7. Narayan Devkota vs .Prime Minister and Council of Ministers & Other, NKP
(2067), No. 12, P. 2053.

…….

……

References for course
BOOKS:
1. Birnie, P., & A. Boyle, International Law and the Environment (2 nd Ed.),
Oxford: Oxford University Press, 2009.
2. Weiss, Edith Brown (ed.), Environmental Change and International Law: New
Challenges and Dimensions, Tokyo: United Nations University Press, 1992.
3.Tolba, Kostafa Kamal (eds.), Evolving Environmental Perceptions from
Stockholm
to Nairobi, London: Butterworth, 1988.
4. Cinkel, Hans van, Barrett, Brendan et al (eds.), Human Development & the
Environment: Challenges for the United Nations in the New Millenium, Tokyo
and New Delhi: United Nations University Press & Rawat Publications, 2003 (1 st
Indian Ed).
5. Craig, D,G,,N.A. Robinson and K. khenglian(eds.),Capacity Building for
Environmental Law in the Asia and Pacific Region: Aproaches and Resources,
Vol. l & 2, 2nd Ed.,Manila: Asian Development Bank, 2003.
6. Sharma Aryal, Ravi, CITES Implementation in Nepal and India: Law, Policy
and practices, Kathmandu: Bhrikuti, Academic, Publications, 2004.
7. Adhikari, Ambika Parsad, Urban and Environmental Planning in Nepal:
Analysis, Polices and Proposals, Kathmandu: IUCN Nepal, 1998.
8. Bhattari, Ananda Mohan, Displacement and Rehabilitation in Nepal: Law,
Policy and practice, New Delhi: Anmol Publications, 2001.
9. Hofricher, Richard (ed.), Toxic Struggles:The Theory and Practice of
Environmental Justice, Philadelphia: New society Publishers,1993.
10. Panos Institute South Asia, Environment for All: Media Reports and Analyses
of Environmental Justice Issues in South Asia Kathmandu: Panos South Asia &
The Ford Foundation, 2004.
11. Lohani, B., Evans, J.W. et al, Environmental Impact Assessment for
Developing Countries in Asia, Vol.1. Manila: Asian Development Bank, 1997.
12. Sapkota, Tara Parsad, An Introduction to Environmental Law and General
Principles, (2nd Ed.), Kathmandu: Integrated Law Firm and Consultancy, 2014.
13. ---, Legal and Judicial Approach of Environmental Justice in Nepal, (2 nd Ed.),
Kathmandu: Integrated Law Firm and Consultancy, 2014
14. ---, An Observation of Global Governance on Climate Change (2 nd Ed.),
Kathmandu: Integrated Law Firm and Consultancy, 2014.
15. Sijapati, B.S., Environmental Protection: Law and Justice, Kathmandu:
Pairavi Prakashan, 2012.
16. ---, Batabaran Kanoon (in Nepali), Kathmandu: Pairavi Prakashan, 2070 BS.
17. ADB, Environmental Considerations in energy Development, Manila: Asian
Development Bank, 1992.
18. O' Conner, Martin (ed.), Is Capitalism Sustainable? Political Economy and
the Politics of Ecology, New York:The Guildford Press,1994.
19. Belbase, Narayan, The implementation of international environmental law in
Nepal, Kathmandu: IUCN - The World Conservation Union,1997.
20.-----, National implementation of the Convention of the Biological Diversity:
policy and legislative requirements, Kathmmandu: IUCN, Forum for Justice,
1999.
21. Sands,Phlippe & Paolo Gallizi(eds.), Documents in international
Environmental law, Manchester : Manchester University Press ,2004.
22. Kiss, Alexander & Shelton, Dinah, International Environmental law, New
York: Transnational Publishers, 2004.
23. Padma, T. & Rao, K.P.C., The Principles of Environmental law, Hydarabad:
ALT Publications, 2010.
24. Adhikari, Jaganath & Ghimire, Sharad(eds.), Batabaraniye Naya: SROT
sangalo(in Nepali), Kathmandu: Martin Chautari & Samajik BIKAS Tatha
Anusandhan Kendra, 2060 B.S.
25. Belbase, Lekhnath et al(ed.), Jaibik bibidhata samrakshan shrot sngalo(in
Nepali), Kathmandu: Pro-Public, 2057 BS.
26. Bhatarai, Ananda Mohan, Protection of Himalayan Bioddiversity
international law and regional legal Framework, Kathmandu: Mandala Books
Point, 2010.
27. Sharma, Binod Prasad, Batabaran Kannonko Ruprekha(in Nepali), Lalitpur:
Sajha Prakashan, 2062 BS.
28. Desai, Bharat, Environmental Laws of India; Basic Documents, New Delhi:
Lancers, 1994.
29. Divan, Shyam & Rosencranz, Armin, Enivironmental Law and Policy in
India: Cases, Materials and Statutes, (2nd ED.), Bombay: N.M. Tripathi, 2001.
30. Bell, Stuart & Donald McGillivary, Environmental Law (5 th Ed.), New Delhi:
Universal Law Publishing, 2001(First Indian Reprint).
31. Modak, P., and A.K. Biswas, Conducting Environmental Impact Assessment
for Developing Countries, Tokyo: United Nations University Press, 1999.
32. Goodland, R., "Environmental Sustainablity in the Hydro
Industry:Disaggregating the Debate" in T. Darceynet al (eds.), Large Dams
Learning from the Past Looking at the Future, Gland: IUCH, 1997.
33. Guruswamy, L.D., G.W.R. Palmer and H.B. Weston, Supplement to Basic
Documents to International Environmental Law and World Order: A Problem-
Oriented Casebook, Minnesota: West Publishing, 1994.
34. Jianchu, X. et al, The Melting Himalayas- Regional Challenges and Local
Impacts of Climate Change on Mountain Eco- system and Livelihood,
Kathmandu: ICIMOD, 2007.
35. Moore, Patricia & Firuza, Pastakia, (eds.), Environmental Justice and Rural
Communities: Studies from India and Nepal, Bangkok: IUCN, Allied Printers,
2007.
36. Naseem, Mohammad, Environmental Law in India, Alphen aan den Rijn
(Holland): Kluwar law International, 2011.
37. Sahasranaman, P.B., Handbook of
Environmental Law, New Delhi: Oxford University Press, 2012.
38. Parajuli, H.L. Philosophy of Environmental Law. Janabhaawana Prakaashan,
2020
Articles:
1. Subedi, S.P., "Environmental Inputs into the Planning Process and Access to
Justice", Environmental Policy and law, Vol. 28, No.2, Bonn: International
Council of Environmental Law (1998).
2. ---, "Access to Environmental Justice in a Politically Unstable Environment: A
case Study of Nepal", in Andrew Harding (ed.), Access to E: Environmental
Justice: A Comparative Study, The Haugue: Brill/Martinus Nijhoff (2007).
3. ---, "Commission on Sustainable Development", in Rudiger Wolfurm
(ed.), The Max Planck Encyclopaedia of Public International Law,
Vol.11, Oxford: Oxford University Press (2012).
4. Pant, Amber Prasad,"Environmental Law in Nepal: An Overview",
Annual Survey of Nepalese Law, Kathmandu: Nepal Bar Council
(2000).
5. Sapkota, Tara Parsad,"Global Instruments on Rights and Duties of
Indigenous Peoples in Biodiversity Conversation" Nepal Bar
Council Journal, Kathmandu : Nepal Bar Council (July 2014).
 6. ---, "REDD Plus Mechanism: Opportunities and Challenges for
Nepal", Nepal Law Review, Vol. 25, No.1 & 2, Nepal Law Campus
(2013).
7. ---, "Nepalese Laws on Brown Environment Sector: An Overview",
Nepal Law Review, Vol.17, no. 1&2, Nepal Law Campus, T.u.,
(2005).
8. ---," Participatory Policy Process: An Effective Mechanism of
Environmental Management for Nepal", Nepal Law Review, Vol.15,
No.1& 2, Nepal Law Campus (2002).
Reports:
1. Sapkota, Tara Parsad,"Report on Reconciling of the Environmental
Laws of Nepal with the Multilateral Environmental Agreements to
which Nepal is a Party", HMGN/UNDP, Strengthening the rule of
law Programme (NEP/00/011) (2004).
2. Moench, M. & Dixit, A. (Eds.), Adaptive capacity and Livelihood
ReiIience: Adaptive Strategies for Responding to Floods and
Droughts in South Asia, Boulder & Kathmandu: The Institute for
Social and Environmental Transition, International and the Institute
for Social and Environmental Transition-Nepal (2004).
3. Dixit, Ajay, Nepalma Jalabayu Parivartan: Bigyan, Anubhav Ra
Prastabharu (in Nepali) Kathmandu: ISET-International (2067 BS).
[Type- 2075.]
Appendix – B
The Environment Protection Act, 2019 (2076)
Date of Authentication:
2076.06.24 (11th October, 2019)
Act No. 9 of the year 2019 (2076)
"An Act Made to Amend and Consolidate Law Relating to Environment"
Preamble:
Whereas, it is expedient to amend and consolidate the prevailing law on
environmental protection in order to protect the fundamental right of each citizen
to live in a clean and healthy environment, provide the victim with compensation
by the polluter for any damage resulting from environmental pollution or
degradation, maintain a proper balance between environment and development,
mitigate adverse environmental impacts on environment and biodiversity and face
the challenges posed by climate change;
Now, therefore, the Federal Parliament has made this Act.
Chapter-1
Preliminary 1.
Short title and commencement:
(1) This Act may be cited as the "Environment Protection Act, 2019 (2076).
(2) This Act shall commence on the eighth day of the date on which it is
authenticated.
2. Definitions:
Unless the subject or the context otherwise requires, in this Act:
(a) “Adaptation” means the prevention or mitigation of further loss and damage
upon projecting potential impacts and risks of climate change.
(b) “Emission” means emission of greenhouse gas or any other gas, smoke or
dust on the environment from any certain area in a certain period.
(c) “Fund” means the environment protection fund referred to in Section 31.
(d) “Climate change” means a gradual change of climate of the earth which is
attributed directly or indirectly to human activity that alters the composition of
the global atmosphere and which is in addition
to natural climate variability observed over comparable time periods.
 (e) “Climate change management” means the mitigation or adaptation of
problems arising as a result of climate change, and this term also includes a
totality of acts including policies, strategies, making institutional mechanisms,
provision of finance, capacity building.
(f) “Hazardous substance” means any substance enlisted in the Basel Convention
on the Control of Transboundary Movement of Hazardous Wastes and Their
Disposal, and explosives, inflammable, perpetual and substances with corrosive
properties and substances that are intended to be in use for the first time upon be
processed from raw materials not re-used which cause adverse impact on the
environment.
(g) "Biological diversity" means eco-system diversity, species diversity and
genetic diversity.
(h) “Prescribed” or “as prescribed” means prescribed or as prescribed in the
rules framed under this Act.
(i) “Mitigation” means reduction or prevention of emission of greenhouse gas as
a result of human activity.
(J) "Pollution" means the activities that significantly degrade, damage the
environment or harm the beneficial or useful purpose of the environment, by
changing the environment directly or indirectly as a result of wastes, chemical,
heat, noise, electrical, electro-magnetic wave or radioactive ray.
(k) "Proposal" means a proposal prepared in regard to the carrying out of such
development work, physical activity that may bring about change in the existing
environmental conditions or any plan, project or programme which changes the
land use.
(l) "Proponent" means a person or governmental, semi-governmental or non-
governmental agency or institution that makes application for the approval of a
proposal or that has got approval for the implementation of the proposal.
(m) "Initial environmental examination" means an analytical study or evaluation
to be conducted to ascertain as to whether, in implementing a proposal, the
proposal does have significant adverse impacts on the environment or not, and
with respect to the measures to be adopted for avoiding or mitigating such
impacts by any means.
(n) “Supplementary environmental impact assessment” means an environmental
impact assessment to be made again vis-à-vis a proposal submitted in order to
make revision partly in physical infrastructure, design or form, transfer or alter a
structure, add a forest area or increase the project capacity on the environmental
impact assessment proposal which has been already accepted.
(o) “Council” means the national council on environment protection and climate
change management referred to in Section 32.
(p) “Provincial Ministry” means the Ministry of a Provincial Government
responsible for environment related matter.
(q) "Wastes" means the liquid, solid, gas, slurry, smoke, dust, radiated element or
substance or similar other materials disposed in a manner to degrade the
environment.
(r) "Ministry" means the Ministry of Forest and Environment of the Government
of Nepal.
(s) "National heritage" means any such object, physical structure, site, plant or
animal related with the environment available within Nepal as is likely to be
important to the human being from natural, cultural, historical, archaeological,
scientific, spiritual, aesthetic or social point of view.
(t) "Environment" means the interaction and inter-relationship among the
components of natural, cultural and social systems, economic and human
activities and their components.
(u) “Environmental study report” means a report prepared with respect to the
brief environmental study, initial environmental examination or environmental
impact assessment.
(v) "Environmental impact assessment" means detailed study and evaluation to be
made to ascertain as to whether, in implementing a proposal, the proposal does
have significant adverse impacts on the environment or not, and as to the
measures to be adopted for avoiding or mitigating such impacts.
(w) “Department” means the Department of Environment under the Ministry.
(x) “Concerned body” means the body referred to in sub-section (2) of Section 3
which is responsible for taking action and decision on the environmental study
report.
(y) “Brief environmental study” means a study to be made briefly as to the
measures to be adopted for avoiding or mitigating the adverse effects on the
environment as a result of implementation of any proposal.
(z) “Local Level” means a Rural Municipality or Municipality.
Chapter-2
Environmental Study
3. Environmental study report to be prepared:
(1) A proponent shall prepare such an environmental study report of such a
proposal as may be prescribed.
(2) The environmental study report prepared pursuant to sub-section (1) shall, in
fulfillment of the process as prescribed, be submitted to the following body for
approval:
(a) To the prescribed body, in the case of a brief environmental study report or
initial environmental examination of a development project with national priority,
a project to be implemented upon its investment being approved by the Investment
Board, a project of national pride, a development or construction work or project
falling under the jurisdiction of the Federation in accordance with the prevailing,
a project requiring construction work to be done in more than one Provinces or a
project specified by the Government of Nepal, and to the Ministry in the case of
the environmental impact assessment,
(b) To the body prescribed by the concerned Provincial law in the case of a
proposal relating to development, construction work or project pertaining to a
matter falling under the jurisdiction of the Provincial Government,
(c) To the body designated by the concerned local law in the case of a brief
environmental study report or initial environmental examination report on a
proposal relating to development, construction work or project pertaining to a
matter falling under the jurisdiction of the Local Level, and to such body of the
Provincial Government as prescribed by the Provincial Government in the case of
an environmental impact assessment report.
(3) Notwithstanding anything contained in sub-section (1) or (2), nothing shall
bar the approving of environmental study reports submitted for approval at the
time of commencement of this Act in accordance with the legal provisions in force
at the time of submission of such reports.
(4) Notwithstanding anything contained elsewhere in this Section, there shall not
be required an environmental study report for reconstructing as such a heritage
considered an ancient monument, in accordance with the law relating to ancient
monuments.
(5) In preparing an environmental study report, the proponent shall hold, as
prescribed, a public hearing as to the proposal.
(6) Other provisions relating to the submission of an environmental study report
shall be as prescribed
4. Detailed analysis of alternative to be made:
(1) The proponent shall make detailed analysis of possible adverse effects on the
environment from the implementation of such a proposal and various alternatives
that can be adopted for mitigation such effects, and recommend the alternative
that is appropriate for the implementation of the proposal and the grounds and
reasons why that alternative is implementable.
(2) In preparing the environmental study report pursuant to sub-section (1), the
proponent shall set out, inter alia, the possible short-term, mid-term and long-
term adverse effects on the environment from the implementation of the project
and the method and process to be adopted for mitigation thereof.
5. Scoping and work schedule:
(1) Prior to preparing the environmental study report of any proposal pursuant to
this Act, the scope of such a proposal, in the case of a brief environmental study
and initial environmental examination, and scope and work schedule, in the case
of an environmental impact assessment shall be approved by the concerned body.
(2) Other provisions on the scoping and preparation of the work schedule
referred to sub-section (1) and approval thereof shall be as prescribed.
6. Standards and quality to be maintained:
(1) In preparing an environmental study report pursuant to this Act, the
proponent shall so prepare it in the form as prescribed that the standards and
quality determined by the Government of Nepal are maintained.
(2) If the report is submitted contrary to the standards or qualify referred to in
sub-section (1) or without complying with such standards, the consultant who has
prepared such a report shall not be allowed to prepare an environmental study
report for a period not exceeding five years.
7. Environmental study report to be approved:
(1) If an environmental study report prepared in the context of the implementation
of any proposal pursuant to Section 3 is received, the concerned body shall make
necessary inquiry into the report.
(2) The concerned body may form a committee comprising a representative of
that body, representatives of the relevant bodies concerned with the proposal and
subject expert as required, to inquire into the environmental study report received
pursuant to sub-section (1) and furnish advice and suggestions.
(3) If, in inquiring into the environmental study report received pursuant to sub-
section (1), it appears that further environmental study has to be made in relation
to such a proposal, the concerned body shall give order to the proponent to make,
or cause to be made, the initial environmental examination in the case of the brief
environmental study or the environmental impact assessment in the case of the
brief environmental study.
(4) The proponent shall make further study in pursuance of the order given
pursuant to sub-section (3) and submit a report thereof to the concerned body.
(5) If, in making inquiry pursuant to this Section, it does not appear that the
implementation of such a proposal causes significant adverse impacts on the
environment, the concerned body shall approve such environmental study report,
upon specifying the terms and conditions to be observed by the proponent, as
required.
(6) Other provisions relating to the approval of the environmental study report
shall be as prescribed.
8. Proposal not to be implemented:
No person shall implement, or cause to be implemented, any proposal without
having the environmental study report approved pursuant to this Act.
9. Strategic environmental analysis:
(1) Prior to the implementation of such policy, program or project as may be
specified by the Government of Nepal by a notification in the Nepal Gazette, the
strategic environmental analysis shall be carried out in relation to such a policy,
program or project.
(2) Other provisions relating to the strategic environmental analysis shall be as
prescribed.
10. Environmental management plan:
1) Prior to the implementation of a proposal, the proponent shall prepare an
environmental management plan as prescribed.
(2) In preparing the environmental management plan pursuant to subsection (1),
the proponent shall set out, inter alia, which of the measures to mitigate
environmental adverse impacts will be adopted in the course of building the
project and which of such measures will be adopted after the completion, or in the
course of implementation, of the project.
(3) If it does not appear that the measures to mitigate environmental adverse
impacts set out by the proponent in the environmental management plan pursuant
to sub-section (2) are effective, the concerned body may give necessary direction
to adopt other effective measures, and the concerned proponent shall bear the
expenses incurred in the implementation of the direction so given by the
concerned body.
(4) The proponent shall make a clear action plan for the implementation of
environmental management plan prepared pursuant to sub-section (1) and
implement it accordingly, and submit its progress report to the concerned body in
every six months after the commencement of the project implementation.
(5) In adopting the measures to mitigate environmental adverse impacts in the
course of implementation of the environmental management plan referred to in
sub-section (1), priority shall be given to the operation of the program through
the local community which affected from the implementation of the proposal.
11. Supplementary environmental impact assessment to be made:
(1) If it is required to make some revision in the physical infrastructure, design or
form, transfer or alter the structure of any project of which the environmental
impact assessment report has been approved pursuant to Section 7, add the forest
area or increase the capacity of the project, the proponent shall make a
supplementary environmental impact assessment in order to ascertain whether
the operation of such work causes adverse impacts on the environment or not, and
whether such impacts can be done away with or mitigated by any means or not.
(2) The proponent shall, in order to make the supplementary environmental
impact assessment pursuant to sub-section (1), make an application to the
concerned body, along with an analysis of the reasons for making changes in
various components of the project and possible adverse impacts on the
environment from such changes, a comparative table according to environmental
indicators and other necessary justifications. Provided that where the concerned
body has given order to the proponent to submit a supplementary environmental
impact assessment report, the proponent need not make an application.
(3) If the content is found reasonable upon inquiring into the application received
pursuant to sub-section (2), the concerned body may give permission for a
supplementary environmental impact assessment study as prescribed.
(4) Other provisions relating to the supplementary environmental impact
assessment shall be as prescribed.
12. To make environmental examination after commencement of service:
(1) The Ministry or prescribed body shall, not later than six months of the date of
completion of two years of the commencement of production or distribution of the
service or goods or of the implementation of a proposal requiring the
environmental impact assessment pursuant to this Act, make analysis of the
adverse impacts on the environment as a result of the implementation of such a
proposal, measures adopted to mitigate such impacts, effectiveness of such
measures, adverse impacts that could not be mitigated or occurrence of any
unprojected/unforeseen adverse impacts and maintain undated records of the
environmental examination report.
(2) If the Ministry or prescribed body does not see, upon making necessary study,
in coordination with the concerned body with respect to the environmental
examination report referred to in sub-section (1), that the measures adopted to
mitigate the adverse impacts on the environment are not adequate, it may give
appropriate order to the proponent to do away with or mitigate such adverse
impacts.
(3) It shall be the duty of the proponent to implement the order given by the
Ministry or prescribed body pursuant to sub-section (2).
13. Power to prevent:
(1) If any person executes a project without having the environmental study report
approved pursuant to this Act or contrary to the approved environmental study
report, the concerned body may immediately prevent the project from being
executed.
(2) Where a project is prevented from being executed pursuant to subsection (1)
and such prevention results in any harm to the proponent, the proponent shall not
be allowed to make a claim of compensation for such harm.
(3) Notwithstanding anything contained in sub-section (1), if the proponent of the
project prevented from being executed gets the environmental study report to be
approved pursuant to this Act or makes improvement in the project execution in
accordance with the approved environmental study report, the concerned body
may release the prevention made pursuant to sub-section (1).
 14. Power of the Government of Nepal or Provincial Government to make
environmental study:
(1) The Government of Nepal or Provincial Government may, on its own, map out
any area or place and make the environmental study of that area.
(2) The concerned body shall, on the basis of the descriptions obtained from the
study referred to in sub-section (1) shall prepare descriptions as to such
development, construction works or projects that can be executed in such area in
the future and work that is not appropriate for execution in such area.
(3) The concerned body shall maintain records of the descriptions obtained from
the study referred to in sub-section (1) and the descriptions referred to in sub-
section (2).
(4) The concerned body shall make public the descriptions referred to in this
Section, and the concerned proponent, body and party concerned shall act in
consistent therewith.
Chapter-3
Control of Pollution
15. Control of pollution:
(1) The Government of Nepal may, by a notification in the Nepal Gazette,
determine necessary standards for the mitigation or doing away with the impacts
of pollution from any motor vehicle, device, equipment,
industrial enterprise, hotel, restaurant or other place or goods or activity or
effects from the disposal or emission of any hazardous substance.
(2) No person shall create pollution in such a manner as to cause significant
adverse impacts on the public life, public health and environment or do, or cause
to be done, any act contrary to the standards determined by the Government of
Nepal pursuant to sub-section (1).
(3) No person or group that visits a mountain or high hill area for expedition,
trekking, sightseeing or any other purpose shall do, or cause to be done, any such
act that may cause adverse impacts on the environment by making pollution
contrary to the standards determined by the Government of Nepal.
(4) If it appears that any one has caused adverse impacts on the environment by
doing any act contrary to sub-section (1) or (2), the Department may give
direction to the relevant person, group or institution to take measures for
mitigation of or doing away with pollution, prescribe necessary terms or prohibit
the carrying out of any act in a manner to cause adverse impacts on the
environment.
(5) If it appears that the use of any substance, fuel, tool, machine or equipment
has caused or is likely to cause significant adverse impacts on the environment,
the Department may request the Ministry for necessary action.
(6) If a request is received from the Department pursuant to sub-section (5), the
Ministry may, in necessary consultation with the concerned body or other
stakeholders, prevent the use of such substance, fuel, tool, device or equipment or
the production, import, sale, distribution or storage of such materials, and a
notice on such prevention shall be published in the Nepal Gazette.
(7) The Department shall, from time to time, carry out monitoring and evaluation
as to compliance with the standards determined pursuant to sub-section (1).
(8) Other provisions relating to the control of pollution shall be as prescribed.
16. Export and import of hazardous substance:
(1) No hazardous substance of any kind shall be imported into Nepal.
(2) Notwithstanding anything contained in sub-section (1), any such specific kind
of hazardous substance that does not cause significant adverse impacts on the
human health and environment as specified by the Government of Nepal by a
notification in the Nepal Gazette may be imported. (3) A producer of a hazardous
substance or person or body established under prevailing law may export
hazardous substance by obtaining permission from the Ministry. (4) Grounds,
criteria for issuance of, and other provisions relating to, permission to export a
hazardous substance pursuant to sub-section (3) shall be as prescribed. (5) A
hazardous substance imported contrary to this Act shall be sent to the same
country from which it has been imported.
17. Management of a hazardous substance:
(1) The person or body that produces a hazardous substance shall be responsible
for managing such a hazardous substance.
(2) In collecting, storing, processing, selling, distributing, disposing or
transporting a hazardous substance, the concerned person or body shall make its
proper management in a manner not to cause adverse impacts on the
environment.
(3) The concerned person or body shall manage the hazardous substance
pursuant to sub-section (1) at his or her own cost.
18. Power to establish laboratories:
(1) The Government of Nepal or Provincial Government may establish
laboratories, as required, to carry out test or examination relative to environment
protection and pollution control or prescribe any laboratory recognized by the
Government of Nepal to carry out test or examination relative to environment
protection and pollution control.
(2) Provisions relating to the operation and management of the laboratory
established pursuant to sub-section (1) shall be as prescribed.
19. To allow collection of samples:
(1) If the concerned body intends to study, test, examine or analyze the pollution
or wastes to be or likely to be generated from any industry, factory, mechanical
equipment like a machine and motor vehicle, the concerned owner or relevant
person shall allow to collect samples of the pollution or wastes generated from
such industry, factory, mechanical equipment like a machine and motor vehicle.
(2) Other provisions relating to the collection, study, examination, test or
analysis of samples pursuant to sub-section (1) shall be as prescribed.
20. Power to issue pollution control certificate:
(1) The Ministry or Provincial Ministry may provide a pollution control
certificate, as prescribed, to any industry that makes a significant contribution to
the control of pollution.
(2) Other provisions relating to the pollution control certificate shall be as
prescribed.
21. Environmental inspector:
(1) The environmental inspector shall carry out monitoring and inspection as to
whether or not acts to be performed in accordance with the environmental study
report approved pursuant to Section 7 have been performed effectively and
standards relating to pollution control and environmental protection have been
complied with.
(2) Notwithstanding anything contained in sub-section (1), in cases where the
environmental inspector is not available, the following body may designate the
following officer or employee as the environmental inspector and depute such
officer or employee for monitoring and inspection:
(a) The Ministry may designate any officer employee of the Government of Nepal
or Provincial Government, as to whether or not acts to be performed in
accordance with the environmental study report referred to in clause (a) of sub-
section (2) of Section 7 have been performed effectively and standards relating to
pollution control and environmental protection have been complied with,
(b) The Provincial Ministry may designate any officer employee of the Provincial
Government, as to whether or not acts to be performed in accordance with the
environmental study report referred to in clause (b) of sub-section (2) of Section 3
approved pursuant to Section 7 or the environmental impact assessment report
referred to in clause (c) of sub-section (2) of Section 3 have been performed
effectively and standards relating to pollution control and environmental
protection have been complied with within its Province,
(c) The Local Level may designate any employee of the Local Level, as to whether
or not acts to be performed in accordance with the environmental study report
referred to in clause (c) of sub-section (2) of Section 3 approved pursuant to
Section 7 have been performed effectively and standards relating to pollution
control and environmental protection have been complied with within its Local
Level.
(3) Other provisions relating to the environmental inspector shall be as
prescribed.
22. Functions, duties and powers of the environmental inspector:
(1) The functions, duties and powers of the environmental inspector shall be as
follows:
(a) To inspect as to whether or not disposal of hazardous substances has been
made or pollution has been caused contrary to this Act or the rules framed under
this Act,
(b) To inspect as to whether or not the acts of mitigation, avoidance or control of
pollution have been carried out in accordance with this Act or the rules framed
under this Act,
(c) To inspect on site as to whether or not work has been performed consistent
with the terms prescribed in the approved environmental study report while
executing the proposal,
d) To inspect as to where the matters prevented pursuant to Section 13 or 15 have
been complied with.
(2) In the course of making inspection pursuant to sub-section (1), the
environmental inspector may, by giving a prior notice to the concerned person,
body or proponent, inspect, examine or investigate any house, land, building,
factory, industry, motor vehicle, industrial device, tools, machinery, animal,
object, records, document or other goods or object.
(3) It shall be the duty of the concerned person, body or proponent to render
assistance to the environmental inspector in the course of inspection pursuant to
this Section, by providing such descriptions or information as demanded by him
or her.
(4) If the concerned person or body does not allow the environmental inspector
to make inspection, while moving on to make inspection pursuant to this Section,
does not provide such descriptions or information as demanded by him or her,
gives false descriptions, creates let and hinderance or does not assist in the
course of inspection, the environmental inspector may immediately impose the
fine as follows on such a person or body:
(a) A fine of up to twenty thousand rupees in case of disallowing him or her to
make inspection or creation of let and hindrance in inspection,
(b) A fine of up to fifteen thousand rupees in case of failure to provide such
descriptions or information as demanded or of giving false description in the
course of inspection or failure to assist in inspection.
(5) A party who is not satisfied with a punishment imposed by the environmental
inspector pursuant to sub-section (4) may make a complaint to the Director
General not later than fifteen days of the date of receipt of information of that
punishment.
(6) The environmental inspector shall submit a report of inquiry and inspection
carried out pursuant to this Section to the concerned body and the Department.
(7) Other functions, duties and powers of the environmental inspector shall be as
prescribed.
Chapter-4
Provisions Relating to Climate Change
23. To provide information:
(1) The Ministry shall carry out study as prescribed, on a periodic basis, as to the
adverse impacts caused by climate change on the local communities, eco-system
and bio-diversity and make public descriptions thereof.
(2) The Ministry shall, on the basis of the study carried out pursuant to sub-
section (1), and from time to time, make public necessary information on such
measures as to be adopted for the mitigation of adverse impacts or risks from
climate change while formulating development projects to be executed by the
Government of Nepal, Provincial Government and Local Level.
(3) The Government of Nepal, Provincial Government and Local Level may, on
the basis of the information made public pursuant to sub-section (2), set the
priorities of formulation of development projects.
24. Adaptation plan may be made:
(1) In order to avoid adverse impacts and risks of climate change, the Ministry,
Provincial Ministry and Local Level may make and implement an adaptation plan
at the national, Provincial and Local levels, respectively.
(2) In making the adaptation place referred to in sub-section (1), special priority
shall be accorded to the women, persons with disabilities, children, senior citizens
and economically indigent communities who are more vulnerable to effects of
climate change and the inhabitants of those geographical areas that have become
more vulnerable to climate change.
(3) Local communities may make and implement an adaptation plan at the local
level, and the concerned body shall make necessary assistance and facilitation in
the implementation of such a plan.
25. Power to carry out acts of mitigation:
(1) The Government of Nepal may identify areas emitting green-house gas and
determine their national reference level.
(2) The Ministry shall make periodic monitoring as to the national reference level
determined pursuant to sub-section (1) and make public the updated information.
(3) The Ministry, Provincial Government and Local Level may launch necessary
programs.
(4) The Ministry may make, or cause to be made, measurement of green-house
gas emission.
(5) Other provisions relating to mitigation shall be as prescribed.
26. Impacts from climate change and risk management:
(1) The Government of Nepal may, for the purpose of managing adverse impacts
and risks of climate change, issue necessary orders, by a notification in the Nepal
Gazette, as to such measures as to be adopted for the mitigation of adverse
impacts and risks of climate change, in the sectoral policies, strategies and action
plans to be executed by the Government of Nepal, Provincial Government, Local
Level and other public bodies as well as the private sector.
(2) The Government of Nepal may prescribe priority while issuing any order
pursuant to sub-section (1).
27. Power to determine technical standards:
(1) The Government of Nepal may determine and enforce necessary standards for
the setting of priority of matters to be implemented in urban and rural areas as to
the mitigation of adverse impacts and risks of climate change.
(2) The Government of Nepal may determine necessary policy and technical
standards for the development of such technology as may be necessary in the
prescribed subject areas for the mitigation of adverse impacts and risks of climate
change
28. Power to participate in carbon trade:
(1) The Government of Nepal may participate in carbon trade with the
mechanisms established by the international treaty, any foreign government or
organization, business entity or private sector for the mitigation and conservation
of carbon emission.
(2) Other provisions relating to participation in carbon trade pursuant to sub-
section (1) and allocation of benefits resulted therefrom shall be as prescribed.
Chapter-5
Provisions Relating to Protection of National Heritages and Environment
Protection Areas
29. Protection of national heritages:
(1) It shall be the duty of all the concerned agency to protect national heritages.
(2) For the purpose of the protection of national heritages, the concerned body
shall to prepare and maintain an inventory, and such an inventory shall also
include the objects or places within Nepal which are listed in the World Heritage
List.
(3) The objects, places, plants, animals, environment etc., included in the
inventory referred to in sub-section (2) shall be protected as prescribed.
30. Special provision relating to environment protection areas:
(1) The Government of Nepal may, in consultation with the Provincial
Government and concerned Local Level and by a notification in the Nepal
Gazette, maintain as an environment protection area any place containing a
natural heritage or aesthetic place which is considered extremely significant from
the point of view of environmental protection or any place of historical or cultural
importance.
(2) In making any road, building, river management or other physical
infrastructures, the Government of Nepal may, in coordination with the concerned
body and by a notification in the Nepal Gazette, specify any specific area as an
open or green area with a view to protecting the environment of such area.
(3) Prohibition may be imposed on any such act as prescribed within the
environment protection area maintained pursuant to sub-section (1) or open or
green area specified pursuant to sub-section (2).
(4) In cases where it appears that adverse impacts have been caused, are likely to
be caused, on public health or environment of any specific area or place as a
result of excessive environmental pollution, soil erosion, excessive exploitation of
natural heritages or occurrence of a natural calamity in such area or place, the
Government of Nepal may, in consultation with the concerned Local Level, issue
any appropriate order for the balance, management or restoration of the
environment, upon specifying such an area or place as a sensitive area from the
environmental viewpoint.
(5) The Government of Nepal may specify any place in which any injurious or
hazardous substance or wastes are stored or disposed or there is excessive
pollution for other reason as a polluted area and prevent the movement of public
there.
(6) In cases where there is improvement from the environmental viewpoint in the
place referred to in sub-section (4) or (5), such area may be removed from the list
of sensitive area or polluted area.
(7) Participation of the local community maybe forged in the management of any
area maintained or specified pursuant to this Section for the protection of
environment. Explanation: For the purposes of this Section and Section 36, “local
community” means the community residing within or in neighborhood of such an
area.
(8) There shall be participation of the local community as prescribed in the
benefits resulted from the management of the area managed pursuant to
subsection (7).
31. Establishment and operation of fund:
(1) There shall be established a fund entitled the environment protection fund, for
the protection of environment, prevention and control of pollution, management
of climate change and protection of the national heritages.
(2) The following amounts shall be credited to the fund referred to in sub-section
(1):
(a) Amount received from the Government of Nepal, Provincial Government or
Local Level,
(b) Amount received from any native person or organization,
(c) Amount received from any foreign government or international organization.
(3) Prior to obtaining the amount referred to in clause (c) of sub-section (2),
approval of the Government of Nepal, Ministry of Finance shall be obtained.
(4) The fund shall be audited by the Auditor General.
(5) The operation of the fund shall be as prescribed.
32. Power to constitute council:
(1) There shall be an environmental protection and climate change management
national council chaired by the Prime Minister, for the carrying out of acts
relating to environmental protection and climate change at the national level in
an effective manner.
(2) The council referred to in sub-section (1) shall consist of the following
chairperson and members:
(a) Prime Minister –Chairperson
(b) Minster for Forest and Environment, Government of Nepal -Member
(c) Three Minsters of the Government of Nepal designated by the Prime Minister -
Member
(d) Chief Ministers of all Provinces –Minister
(e) Member of the National Planning Commission who looks after the matter of
environment -Member
(f) Two persons including one woman nominated by the Chairperson from among
the professors in forest and environmental science –Member
(g) Three persons including two women nominated by the Chairperson from
among the persons with expertise in the field of forest and environment -Member
(h) Secretary, Ministry -Member-Secretary
(3) The chairperson may designate one Minister out of the members as the vice-
chairperson.
(4) The tenure of the members nominated pursuant to clauses (f) and (g) shall be
three years.
(5) Notwithstanding anything contained in sub-section (4), if a nominated member
fails perform the duties of his or her office, the chairperson may remove him or
her from the office of member. Provided that, prior to such removal, he or she
shall be provided with a reasonable opportunity to submit clarification.
33. Meetings and of the Council:
(1) The Council shall meet at least once a year at such date, time and place as
prescribed by the chairperson.
(2) The member-secretary of the Council shall, in consultation with the
chairperson send a notice setting out the date, time and place of the meeting of
the Council, along with the agenda to be deliberated thereat, so that all the
members can receive it in advance of at least forty-eight hours of the time of the
meeting. Provided that in the event of a need for calling a meeting of the Council
immediately, the chairperson of the Council may call the meeting in advance of
seventy-two hours, if the meeting is so called, the member-secretary of the
Council shall as soon as possible send the notice thereof so that all the members
can receive it.
(3) The presence of a majority of the total number of members shall be deemed to
constitute a quorum for the meeting of the Council.
(4) The chairperson of the Council shall preside over the meeting of the Council,
and in the absence of the chairperson, the vice-chairperson of the Council shall
preside over the meeting.
(5) Any decision of the Council shall be taken by a majority, and in the case of a
tie, the chairperson shall exercise the casting vote.
(6) Any office-bearer, representative of concerned body or organization or
environmental expert may, as required, be invited to the meeting of the Council.
(7) The member-secretary of the Council shall authenticate the decision of the
Council.
(8) Other procedures relating to the meeting of the Council shall be as
determined by the Council itself.
34. Functions, duties and powers of the Council:
(1) The functions, duties and powers of the Council shall be as follows:
(a) To give direction, as required, to the Ministry and other bodies to keep on
integrating the matters relating to the environment and climate change into the
long-term policies, plans and programs,
(b) To set policy for the development of a national system for the control of
pollution, management of wastes and protection of national heritages,
(c) To give necessary policy guidance to the Provincial and Local levels with
regard to environmental protection and climate change,
(d) To manage economic resources for environmental protection and climate
change and facilitate for the same,
(e) To give guidance to the Ministry for utilization, management, development
and protection of natural, cultural and physical resources and heritages,
(f) To make evaluation of acts pertaining to environmental protection and climate
change.
Chapter-6
Fine and Compensation
35. Fine:
(1) If any person does the following act, the concerned body may punish that
person as follows:
(a) A fine not exceeding five hundred thousand rupees if, in the case of a
proposal of which the brief environmental study report has to be approved, the
proposal is executed without having it approved or if any proposal is executed in
a manner inconsistent with the approved report,
(b) A fine not exceeding one million rupees if any proposal is executed without
having the initial environmental examination approved or in a manner
inconsistent with the approved report,
(c) A fine not exceeding five million rupees if, in the case of a proposal of which
the environmental impact assessment report has to be approved, the proposal is
executed without having it approved or if any proposal is executed in a manner
inconsistent with the approved report.
(2) If any person does any act referred to in sub-section (1), the concerned body
may give order to stop such act immediately and have the environmental study
report approved pursuant to this Act where such report has not been got
approved, and to improve the act if acted inconsistent with such a report, and it
shall be the duty of the concerned person or body to do as per the order so given.
The concerned body may impose a fine that is three-fold of the fine imposed
pursuant to sub-section (1) if the order so given is not complied with.
(3) If any person does any act inconsistent with this Act or the rules, guidelines,
procedures or norms framed under this Act, other than that set forth in sub-
section (1), the concerned body may restrict the doing of such act and punish that
person with a fine not exceeding three hundred thousand rupees and give order to
do the act referred to in this Act or the rules, guidelines, procedures or norms
framed under this Act. A fine that is three-fold of the fine imposed pursuant to this
sub-section if the order so given is not complied with.
(4) If the act referred to in the order given pursuant to sub-section (2) or (3) is
not done, such act shall be restricted and the concerned body shall send a
request, accompanied by the recommendation, to take necessary action for
blacklisting such a person or body.
(5) If so recommended pursuant to sub-section (4), the Department shall, if it
finds the content reasonable, blacklist such a person or body for a period of one
year to five years.
(6) Notwithstanding anything contained in sub-sections (4) and (5), the
Department shall make necessary inquiry into non-compliance with the order
given by it and take action referred to in sub-section (5).
(7) If a body is blacklisted pursuant to sub-section (5), such a person or body may
not submit any proposal in that body’s name or in any name whatever associated
with such a person or body for the period of blacklisting.
(8) Prior to imposing the fine referred to in this Section, a reasonable opportunity
shall be given to the person or body or project which is to be blacklisted.
36. Application may be made:
(1) If a person executes, in contravention of this Act, a proposal without having
the initial environmental examination, brief environmental study or
environmental impact assessment report approved or in a manner inconsistent
with the approved report or does or proceeds to do any act contrary to this Act,
application may be made to the concerned body or authority.
(2) If any person, body or local community suffers any loss or damage as a result
of the pollution or disposal of a hazardous waste by another person inconsistent
with this Act or the rules, guidelines or standards framed under this Act, the
person, body or local community victimized from such an act may make an
application to the concerned body for getting compensation for the injury caused
to such person, body or community.
(3) If, in examining and inquiring into the application made pursuant to sub-
section (1) or (2), it is proved that the applicant has sustained loss or damage, the
concerned body shall ascertain the injury and require a reasonable compensation
to be paid by the person, body or proponent who has caused such loss or damage
to the victim person, body or local community.
(4) There shall be formed a committee comprising three experts nominated by the
Government of Nepal to make inquiry into any application made as to the injury
caused from pollution made by any body of the Government of Nepal or body
owned and controlled by the Government of Nepal, and compensation shall be
paid pursuant to sub-section (3) on the basis of recommendation by that
committee.
(5) There shall be formed a committee comprising three experts nominated by the
Provincial Government to make inquiry into any application made as to the injury
caused from pollution made by any body of the Provincial Government or Local
Level or body owned and controlled by the Provincial Government or Local
Level, and compensation shall be paid pursuant to subsection (3) on the basis of
recommendation by that committee.
(6) The basis for determining compensation pursuant to this Section and other
provisions shall be as prescribed.
37. Appeal:
(1) A party who is not satisfied with the fine imposed pursuant to Section 35 may
make an appeal within thirty-five days to the concerned District Court if such fine
is imposed by the Local Level and to the concerned High Court if it is imposed by
other body or authority of the Government of Nepal or Provincial Government.
(2) A party who is not satisfied with the decision made as to the determination of
compensation pursuant to Section 36 may make an appeal to the concerned High
Court within thirty-five days.
Chapter-7
Miscellaneous
38. Environment protection plan to be formulated:
1) The Government of Nepal may formulate and implement an environment
protection plan with a view to maintaining a clean and healthy environment, and
conserving and promoting the same.
(2) The Provincial Government and Local Level may, subject to the plan referred
to in sub-section (1), make and implement necessary plans for environmental
protection.
(3) In formulating the plans referred to in sub-sections (1) and (2), traditional
and local practices on the protection, conservation, sustainable use of the
environment and equitable distribution of fruits received from the use of
environmental resources shall be included in the plans.
(4) The plan referred to in sub-section (1) shall include such other matters as
prescribed.
39. Monitoring and inspection to be carried out:
(1) The Ministry or Department may carry out monitoring and inspection as to
whether or not this Act or the rules, guidelines, procedures or standards framed
under this Act have been implemented.
(2) The Provincial Government or Local Level may, with a view to protecting and
conserving the environment within its area, carry out monitoring and inspection
as to whether or not this Act or the rules, guidelines, procedures or standards
framed under this Act have been implemented.
3) Other provisions relating to monitoring and inspection to be carried out
pursuant to sub-section (1) or (2) shall be as prescribed.
40. Annual report to be prepared:
(1) The Ministry shall each year prepare an annual report including the following
matters:
(a) Description obtained from the monitoring and inspection carried out pursuant
to Section 39,
(b) Description relating to national and international activities on climate
change,
(c) Other necessary description.
(2) The Ministry shall submit the annual report referred to in subsection (1) to the
Council within two months of the date of expiry of each fiscal year.
41. Power to issue order:
(1) The Government of Nepal may, by a notification in the Nepal Gazette, issue
necessary order as to the matters requiring precautions from the point of view of
environmental protection.
(2) The Director General may impose a fine not exceeding one hundred thousand
rupees on a person or body that violates the order issued pursuant to subsection
(1).
42. Delegation of power:
The Ministry may, as per necessity, delegate any of the powers conferred on it
pursuant to this Act to the Department, environmental inspector or any office
employee or any body.
43. Prevailing law to govern: The matters set forth in this Act shall be governed
by this Act, and other matters shall be governed by the prevailing law.
44. Power to frame rules: The Government of Nepal may frame necessary rules
for implementing this Act.
45. Power to frame guidelines, procedures and standards: The Government of
Nepal may, without prejudice to this Act and the rules framed under this Act,
frame and enforce necessary guidelines, procedures and standards.
46. Assessment as to implementation of the Act:
(1) The Ministry shall make assessment of impacts of the implementation of the
Act.
47. Repeal and saving:
(1) The Environment Protection Act, 1997 (2053) is hereby repealed.
(2) The acts and actions performed under the Environment Protection Act, 1997
(2053) shall be deemed to have been performed under this Act.
(3) If any application or complaint is under consideration by any body or
authority pursuant to the Environment Protection Act, 1997 (2053), such
application or complaint shall be settled in accordance with that Act.
(In original, there are total page 24 and this is latest one)
[https://portals.iucn.org/library/sites/library/files/documents/1997-014.pdf]
APPENDIX – C
Philosophy
Before discussing the philosophy of environment, we need to understand the
"origin of Philosophy", "meaning of philosophy", "purpose of philosophy",
"functions of philosophy", "scope of philosophy", "general introduction of eastern
philosophy", "western philosophy", "relation between philosophy and education",
"relation between philosophy and environment", "schools of philosophy (idealism,
naturalism, realism, pragmatism)" in a very compact form.
The terminology philosophy is supposed to be originated from Greek word
"Philosophia". Philosophia is composed of from two Greek words: "Philos" and
"Sophia". The English meaning of Philos is "Love" and Sophia means "wisdom or
knowledge". Thus, the meaning of Philosophy is "Love of knowledge" or "Love of
wisdom". In Samskrit language, philosophy is called "DARSHAN". Darsan was
created from the samskrit root word "DRISH". The english meaning of the
Samskrit root word "dris" is " to see".
 The Greek philosopher Plato has accepted that the reason of birth of philosophy
are surprise and curiosity (JIGYASA). Auguste Comte has declared the points:
(i) ignorance created religion. (ii) Curiosity created philosopher and (iii) reality
created knowledge.
Some definitions of philosophy are as below:
i. Socrates (SUKARAT) - "Those who are lovers of the vision of truth are
philosopher. Philosophy is the knowledge of truth."
ii. Aristotle: Philosophy is a science which discovers the real nature of
supernatural things (PARALAUKIK ATMIK BASTU).
iii. Hegal: "Philosophy is the metaphysics (tatwogyan) of reality".
iv. Fitchte: "Philosophy is the science of knowledge"
v. Comte: "Philosophy is the science of Scholars (BIGYE)."
vi. Coleridge: "Philosophy is the science of sciences"
vii. Kant: "Philosophy is the science and criticism of cognition."
viii. Voltaire: "Philosophy is the source of knowledge which is based on
observation and experience."
ix. Radha Krishna: " philosophy is the logical inquiry into the nature of reality."
x. Plato – Philosophy is the knowledge of reality, of being as such, of that which.
It is the knowledge of the universal, unchangeable and eternal (NITYE).
xi. Brightman – Philosophy may be defined as the attempt to think truly about
human experience or whole or to make our whole experience intelligible.
xii. Bertrand Russell - Philosophy is the attempt to answer ultimate questions
critically after investigating all that makes such questions puzziling and after
realizing the vagueness and confusions that underlie our ordinary ideas.
xiii. Patrick- Philosophy is the critical analysis of concepts and the discovery of
relation between them.
xiv. Murvin- Philosophy is love for the truth- the complete body of knowledge that
includes in it all truth-all truths organized into one great system.
The main purpose of philosophy are (i) to assist in the study of reality (ii) to help
in the study of knowledge (iii) to study the value (iv) to help in the development of
personality (v) to assist in the development of educational process (vi) to help in
the determination of future philosophy (vii) to search the universe (viii) to search
the reality about god soul (ix) to determine human character and life style.(x) to
develop general principles (xi) to describe general principles and truth (xii) to
speculate of unsolved questions (whole to part) (xiii) to prescribe norms and
values (xiv) to make judgement (LEKHAJOKHA) of values and principles.
The main functions of philosophy can be listed as follows: descriptive
(BARANANAATMAK) functions, speculative (ANUMANATMAK) functions,
prescriptive (SIFARIS) function, critical and analytical functions.
Speaking about the scope of philosophy, Romanian philosopher Cicero has
declared that philosophy is the mother of all arts and philosophy is the creator of
all subjects. The scope of philosophy has been divided in to main four parts:
(i) Metaphysics (TATWOMIMSA): [Theory of reality – study about theology
(DHARMASAASTRA) which is taken as a source of law), Metaphysics regarding
soul, science of universe, science of creation, cosmology (SHRISTHIBIGYAN)].It
studies on cosmology, theology, nature of man, reality, primary thing is matter
(PADARTHA) or consciousness (CHETANA). Aristotle had used this word for the
first time. The verbal meaning of metaphysics is the works after the physics. In
fact, it is related with ontology (ASTHOTWO BIGYAN).
(ii) Epistomology [Theory of knowledge – following sources of knowledge and
types of knowledge are studied: senses and empirical(ANUBHAJANYE)
knowledge, logic and logical knowledge, intuition (anaratma/antardarshi gyan)
and insightful (antardrishti) knowledge, authority and authoritative knowledge
(akhtiyaaripurna gyan), revealed (pratipadit/aatmaprakash gyan) knowledge],
Rational knowledge (tarkik gyan), . Epistomology was composed of two Greek
words: "Episteme"- meaning is knowledge and "logos" - meaning is theory or
reasoned discuss.
 (iii) Axiology [Theory of value – ethics (nitishastra), aesthetics (saundaryesastra:
truth (satyam)- goodness (shivam)]- beauty (sundaram). The meaning of Axios is
worth or value.
(iv) Logic (Theory of orderly thinking – inductive and deductive method,
dialectics (DWONDA)] and symptoms and methods of inference (ANUMAN).
There are two types of philosophy: (i) Eastern philosophy (ii) Western philosophy.
Eastern philosophy is indeed the philosophy of Theism (ASTIK – Vedic
Philosophy) and Atheism (NASTIK).
Theism consists HINDU DARSHAN (accepts Vedas) and NON- HINDU
DARSHAN (rejects Vedas). HINDU DARSHAN consists seven philosophy again,
namely
(1) Naya Darshan (Philosophy)
The founder of this philosophy is Maharshi Gautam who categorized six
knowledge in the following ways:
"learn from hearing – eye, learn from touching –skin, learn from seeing –eyes,
learn from taste- tongue, learn from smelling- nose and learn from sight (m ⋀
n)".It is the methodological study which require special process. In SAMSKRIT, it
has been written that "PRAMANAIRARTHA PAREECHHENAM NAYA" which
means justice is the process of testing result through the proof. This philosophy
has insisted on four proofs (PRAMANHARU):
i. Perception (PRATYACHHA).
ii. Inference (ANUMAN)
iii. Comparison (UPAMA)
iv.Testimony (SHABDA)
According to this philosophy, knowledge is the manifestation (PRAKATIKARAN)
of objects. It has presented two types of knowledge:
i. Valid knowledge (YETHARTHA GYAN/ PRABHA):
ii. Invalid knowledge (AYETHARTHA GYAN)
(2) Vaisheshika Darshan (Philosophy) – founder rishi Kand, founder of three
laws of motion in SAMSKRIT language for the first time in the world. Naya
Darshan and Vaisheshika Darshan are taken as complementary each other. It is
written in 10 chapters containing 270 formulas (SLOK). The major contents are
"DRABYE", "GUN", "KARMAKO LACHHEN", PARAMANUBAD", "BED
TATHA DHARMA" and " SUKHA DUKHAKO BIVED" ETC.
According to this philosophy "DRABYE" are of nine types. They are: "PRITHVI",
" JAL", "TEJ", "BAAYU", "AAKASH", "KAAL", "DISHA", "AATMAA",
"MAN"."AATMAA" are of two types: "JIWAATMA" and "PARAMAATMA". The
cause of "SUKHA" and " DUKHA" are "MAN".
(3) SAANKHYE DARSHAN (Philosophy) – The founder of this philosophy is
KAPIL, accepted three features of nature: Activity (RAJAGUN), Inactivity
(TAMAGUN) and Steadiness (SATEOGUN). This philosophy has also been
mentioned in RAAMAYAN, MAHAABHAARAT, BHAGAWAT GEETA, PURAN
etc. Neither this philosophy has mentioned about god nor oppose it. According to
this philosophy, there are two eternal truth:
i. The spirit (PURUSH)
ii. The matter (PRAKRITI)
The above mentioned truth are eternal (Nittye) and uncaused (AKAARAN). It has
mentioned following 25 elements of the earth:
1. PRAKRITI
2. BIKRITI: HAAT, PPAU, GUDADWAAR, JANENDRIYE, AANHAA, KAAN,
NAAK, JIBRO, CHHALA, DIMAAKH, PRITHVI, JAL, TEJ, BAAYU, AAKASH
3. PRAKRITI – BIKRITI: AHANKAAR, MAD, SHABDA, SPARSHA, RUP, RAS,
GANDHA
4. NA PRAKRITI – NA BIKRITI: PURUS (AATMA)
The main cause of pain (DUKHA" is not to understand about these elements. To
achieve "MOCHHYE" is the ultimate goal of SAANKHYE DARSHAN.
(4) MIMAAMSA DARSHAN (Philosophy) – The founder of this philosophy is
JAIMINI. This philosophy works in accordance with veda knowledge. This has
emphasized on following Actions "KARMA":
i. NITYEKARMA (Daily necessary action): SHOCHKKRIYAA, SNAAN, JAP,
DHYAAN, PUJA, PRARTHAANAA
ii. NAIMITTIK KAARYE (Actions in special occasions and time): JANMA,
BIBAHAA, MRITYU SAMSKAAR, PARWA PUJAA.
iii. KAAMYEKARMA (Pray with certain motives and intention): PUJAA-AAJAA,
YEGYA, DAAN etc.
iv. NISIDDAKARMA (Restricted works from Vedas): PAAPKAARYE: HATYA,
HINGSA, CHORI, CHHALAKAPT, JHUTO BOLI, TAAMASI BHOJAN,
PARASTRIGAMAN, PARAPURUSGAMAN etc.
v. PRAAYASCHIT (Action against evil works done before): GAAIDAAN,
DASDAAN, BAITARANI, JAP, TAP, PAATH-PUJA etc.
(5) YOGAA DARSHAN (Philosophy)
The founder of YOGA DARSHAN was MAHARSHI PATANJALI. It is worldwide
famous till now. Nowadays, the yoga performed by him is called as "PATANJALI
YOGA". The main book is "YOGASUTRA". This has includev195 formulas of
yoga. He has insisted on "concentration of mind (chittaabrittiko nirodh /
ekaagrata)".The meaning of yoga is "UNION/JODNU". The definition given by
him is " YOGASCHIBRITTINIRODH". Control of MAN/CHITTA/BRAIN from the
BRITTI (BIKAAR/evil thought) is the real yoga. When we overcome body (sarir),
organs(indriye), mind(man),knowledge(buddi),ego(ahankaar), then pure and
clean knowledge is achieved.
According to yoga, there are five types of Britti:
1. Praman: basis of knowledge
2. Bipayaarye: evil knowledge
3. Bikalpa: to assume words in the nascence of matter
4. Nidraabritti: knowledge less condition
5. Smriti: realization in brain
He has classified eight types of yoga: 1. Restraint – YAMA (do not act any work
which is restricted from SAASTRA) 2. Rule – NIYAM (pure clean action with
study of VED) 3. Posture – AASAN 4. Breath Control – PRANAAYAAM
5.Withdraw of senses – PRATYAHAAR (control all organs) 6. Attention –
DHARANAA (concentration of mind and body for a work).
7. Contemplation (DHYAN) – thinking with ful concentration of mind 8.
Concentration –SAMADHI (condition of receiving an enlightment i.e. SIDDI. This
is all about the Vedanta Philosophy.
The above are indeed HINDU DARSAN/ Eternal Darsan/ Sanatan Darsan/ Arye
Darsan Darsanit depends on VEDAS. The word " ve (pronounciaed as "be")"
means "profit/laabh" and "da" means "religion/Dharma". So, the meaning of
vedas is " DHARMALAABH".VED is regarded as "DEVBADI" and no person
was created the " Hindu Religion". The rigbed was developed on 2000-15000
A.D. and UPANISHAD period was 1000 A.D. – 500 A.D. The development of
eastern philosophy was during 1200- 1000 A.D.The second ved is "AJURBED"-
related with KARMAKANDA. Next is "Sambed"- the methods of studying and
worshiping "VEDPATH". The next one is
"ATHARBAVED" – it deals with methodology of "yegye". Basis on vedas, the six
darshan were developed which are called "SHAD DARSHAN". The essence of
"Shaddarsan" is "Hindi Darshan". Hindu Darshan was developed from the trend
of "SHRUTI (HEARING)" and "SMRITI". After SMRITI, alphabets were
developed. The first developed alphabets in the world are Sanskrit Alphabets.
6. VEDAANTA DARSHAN: The meaning of Vedaantanta is the conclusion of
Vedas. The final part of Vedas is called UPANISHAD. There are 108 such
UPANISHAD. Among them, the famous are "EESHS", "KENA", "KATHA",
"PRASHNA","MUNDAK","MAANDUKYE","TAITTIRIY","AITAREP","SWETAA
SWOTTAR","CHHANDOGYE" etc. UPANISHAD were developed 300 years ago
before the birth of Yesu Christ. According to Shankaraacharye, the main subject
of Vedas is to get" BRHAMAGYAAN" which is also called as
god-knowledge/divine-knowledge. From this knowledge, man get reality about
birth and death. The body of man has the following cells:
i. ANNAMAYE KOSH: ANNA is supreme truth(SAASWOT SATYE).
ii. PRAANMAYE KOSH: PRAAN is supreme truth(SAASWOT SATYE).
iii. MANMAYE KOSH: Mind is supreme truth(SAASWOT SATYE).
iv. BIGYAANMAYE KOSH: knowledge (BUDDHI) is supreme truth(SAASWOT
SATYE).
V. AANADMAYE KOSH: "AATMAA OR LAKCHHYE" is supreme truth
(SAASWOT SATYE).
The another branch of Eastern Philosophy ANISWORBAAD (Atheism).
Atheism has three branches:
1. Charwaka Philosophy / LOKAAYAT DARSHAN
The founder of this philosophy is Aacharye Brihaspati. It is eastern materialistic
philosophy (BHAUTIKBAADI DARSHAN). It is also called Hedonist Philosophy
(SUKHAWAADEE DARSHAN). According to this philosophy, baayu, agni, jal
and earth are the composer of this universe. Consciousness (CHETANAA) is
developed from matter (BASTU/PADAARTHA). That's why matter is primary
(AADI TATWO).There is a famous saying in Samskrit: "RINAM KRITWAA
GHRITAM PIWET, YAAWAT JIWET SUKHAM JIWET ! BHASMI BHUTASYE
DEHASYE, PUNARAAGAMANAM KUTA !!"
The Nepali meaning is "jawasamma bachinchha, sukhasangga bacha, rin garera
bhaye pani gyu khau, mare pachhi kharaani hune sharir na ho".
2. Jain Darshan : The founder of this philosophy is Rishadev and PRATHAM
JAIN TIRTHAKAR WARDDAMAN Mahabir. It does not accept existence of god
but accept spiritual (adhyatmic knowledge) experiences. It insisted on
"Mochhye".
3. Buddha Darshan: The founder of this philosophy is Siddartha Gautam Buddha.
It does not accept god. It accepts four supreme truth (AARYE SATYE): i. there is
pain (DUKHA) in the world, ii. there is cause of pain, iii. pain can be removed, iv.
there are ways of removing pain. To remove pain, following eightfold truth
(astamarga) should be followed: 1. Right view/ samayek drishti
2. right aspiration/ samayak sankalpa 3. right speech/ samayak boli 4. right
action/ samayak karma 5. right livelihood/ samayak jiwan 6. right effort/ samayak
byaayam 7. right mindfulness/ samayak smriti 8.right contemplation/ samayak
samadhi. When these eight fold principles are applied in action, then ignorance
and pain is removed through is the ultimate peace is achieved which is known as
"Nirwana".
Now, let us discuss briefly about western philosophy. This philosophy has been
divided into three periods: Ancient (600-300 ISHAPURBAKO ABADHI),
Medieval (300-1400 ISHWIAMMAKO ABADHI), Modern (1400 ISHWI
PACCHIKO ABADHI).
In the ancient period, the western philosophy is supposed to be developed from
"yunan". Thoght were developed from ancient Greece nd Rome. In the ancient
period, Thales (625-546 B.C.), Pythagoras (500-428 B.C.), Heraclitus (500 B.C.
AROUND), Parmenids (500 B.C. AROUND), Protagoras(480 -411 B.C.),
Anaxagoras, , Socrates(469-399 B.C.), Plato(428- 347 B.C.), Aristotle(348-322
B.C.) developed this philosophy. Most of them were mathematicians. Pythagoras
believed that all things are numbers and there is close relation between
mathematics and god. Parmenids believed that nothing in this world is
changeable. Anaxagoras believed that all matters are divisible. Protagoras
thought that man is the measure of all things. Socrates believed that knowledge is
examined through self-test. Plato assumed an ideal state (aadarsha raajye) and
divided knowledge in three forms: Body knowledge (indriyejanye gyan), soul
knowledge (aatmajanye gyaan) and mind knowledge (chintan gyaan). Aristotle
developed the inductive and deductive methodology in study.
In medieval period, Plotinus (205-270 B.C.), Saint Augustine (354-430 B.C.),
Saint Thomas (1225-1247B.C.) developed the western philosophy. Plotinus
thought that the following elements are infinitely exist:
i. The one: god, super power
ii. Spirit or mind: shivam aspect
iii. soul: exists
St, Augustine believed that god created the world. St. Thomas Aquinas believed
that the truth exists with the catholic religion.
In modern period, Erasmas (1446-1536 B.C.), Francis Bacon (1561-1626 B.C.),
Rene Descartes (1596-1650 B.C.), Bruch Spinoza (1632-1677B.C.), John Lock
(1632-1704 B.C.), George Berkeley (1685-1753 B.C.) Leibnizes, David Hume
(1711-1776 B.C.) , Rousseau (1712-1778 B.C.), Kant, Heghel (1770-1832 B.C.),
ludwikh phayerbakh, Karl Marx (1818-1883 B.C.), Jhon Dewey (1859-1952
B.C.), Stefen Hawkins (modern) developed the philosophy. Descartes, a famous
mathematician, believed on matter and told that I think therefore I am (matter).
He assumed mind and matter as a separate elements. Spinoza took god as an
absolute truth. Jhon lock accepted the birth as a god-birth. Rousseau told to
return back towards the nature. Karl Marx introduced the theory of class conflict
which is based on historical dialectical materialism. In western philosophical
schools, idealism (aadarshawaad), Naturalism (prakritiwaad), Realism
(yetharthawaad), Pragmatism (prayojanwaad) are famous nowadays.
Idealism: Idealism is supposed to be originated from Greek word" idein" the
meaning of which is idea, ideal, ideology. Ultimate reality consists of idea is the
basis of idealism. Plato had told this statement.
"Idealism is the theory that ultimate reality is spiritual"- D.M. Datta
Socrates – Question answer method
Plato – Dailogue method, Conversational method, Logical conversation
Aristotle – inductive method, deductive method
Hegel – Logical Method
Pestalozzi – Self activity method
Frobel- Kindergarten method
Naturalism:
Thales – founder father of western philosophy, absolute reality is in nature. The
essence of all things is nature. Aristotle, Comte, Hobbes, Bacon, Darwin, Lamark,
Huxley, Spencer, Roussesue are the famous philosopher of this era. Everythings
comes from nature and return to nature. According to opinions of western
philosophers, Naturalism can reduce
Absolutism(bhutwobad),Formalism(aupachaarikatabad),Monoism (ekataabad),
Oligarism (swaarthabad),Tyrannism(nirankusataabad).
"Naturalism is the doctrine which separate nature from god, subordinate spirit to
matter and sets up unchangeably law as supreme" – Ward.
The composition of the body also is due to four elements Earth, water, fire and
air, soul has no independent existence – Charvak Philosophy.
Realism: Realism is supposed to be originated from the Greek word "res" means
"object". The reflection of object and things rather than words are important. The
world is composed of matters rather than ideas. Realism is a materialistic
philosophy. The founding father is Aristotle and other philosophers are Herbert
Spencer, Irasmus, jhon Lock, Copernicus, Newton, Bacon Huxley, Johan Milton.
Realism means a belief or theory which works upon the world as it seen to us –
Ram Thirtha
Philosophical belief that physical objects exist independently of experience –
Page and Thomas.
Pragmatism: Pragmatism is supposed to be originated from Greek word
"Pragma" the meaning of which is action. It is also known as
progressivism(pragatwaad),experimentalism(prayogbad), Humaism
(manabatawaad), reconstructionalism(punarnirmanwaad).Other philosophers
are :Jhon Dewey, William James, Pearce, Schiller, Protagoras etc.
"Pragmatism is a philosophy of human nature"- J. Dewey
Now, we explain the concept of philosophy in the environment from the legal
perspectives.
APPENDIX –D
a. Importance of Environment Studies:
The environment studies enlighten us, about the importance of protection and
conservation of our indiscriminate release of pollution into the environment. At
present a great number of environment issues, have grown in size and complexity
day by day, threatening the survival of mankind on earth. Environment studies
have become significant for the following reasons:
1. Environment Issues Being of International Importance It has been well
recognized that environment issues like global warming and ozone depletion, acid
rain, marine pollution and biodiversity are not merely national issues but are
global issues and hence must be tackled with international efforts and
cooperation.
2. Problems Cropped in The Wake of Development, in its wake gave birth to
Urbanization, Industrial Growth, Transportation Systems, Agriculture and
Housing etc. However, it has become phased out in the developed world. The
North, to cleanse their own environment has, fact fully, managed to move ‘dirty’
factories of South. When the West developed, it did so perhaps in ignorance of the
environmental impact of its activities. Evidently such a path is neither practicable
nor desirable, even if developing world follows that. 3. Explosively Increase in
Pollution World census reflects that one in every seven persons in this planted
lives in India. Evidently with 16 per cent of the world's population and only 2.4
per cent of its land area, there is a heavy pressure on the natural resources
including land. Agricultural experts have recognized soils health problems like
deficiency of micronutrients and organic matter, soil salinity and damage of soil
structure.
b. Scope on Environmental Science
. Need for An Alternative Solution It is essential, specially for developing
countries to find alternative paths to an alternative goal. We need a goal as
under: (1) A goal, which ultimately is the true goal of development an
environmentally sound and sustainable development. (2) A goal common to all
citizens of our earth. (3) A goal distant from the developing world in the manner it
is from the over-consuming wasteful societies of the “developed” world. 5. Need
To Save Humanity From Extinction It is incumbent upon us to save the humanity
from exinction. Consequent to our activities constricting the environment and
depleting the biosphere, in the name of development. 6. Need For Wise Planning
of Development Our survival and sustenance depend. Resources withdraw,
processing and use of the product have all to by synchronised with the ecological
cycles in any plan of development our actions should be planned ecologically for
the sustenance of the environment and development. 7. Misra’s Report Misra
(1991) recognized four basic principles of ecology, as under: (i) Holism (ii)
Ecosystem (iii) Succession (iv) Conversation. Holism has been considered as the
real base of ecology.
c. NEED FOR PUBLIC AWARENESS It is essential to make the public aware of
the formidable consequences of the Environmental Degradation, if not retorted
and reformative measures undertaken, would ENVIRONMENTAL SCIENCE :
DEFINITION, SCOPE AND IMPORTANCE 5 result in the extinction of life. We
are facing various environmental challenges. It is essential to get the country
acquainted with these challenges so that their acts may be eco-friendly. Some of
these challenges are as under: 1. Growing Population A population of over
thousands of millions is growing at 2.11 per cent every year. Over 17 million
people are added each year. It puts considerable pressure on its natural
resources and reduces the gains of development. Hence, the greatest challenge
before us is to limit the population growth. Although population control does
automatically lead to development, yet the development leads to a decrease in
population growth rates. For this development of the women is essential. 2.
Poverty India has often been described a rich land with poor people. The poverty
and environmental degradation have a nexus between them. The vast majority of
our people are directly dependent on the nature resources of the country for their
basic needs of food, fuel shelter and fodder. About 40% of our people are still
below the poverty line. Environment degradation has adversely affected the poor
who depend upon the resources of their immediate surroundings. Thus, the
challenge of poverty and the challenge environment degradation are two facets of
the same challenge. The population growth is essentially a function of poverty.
Because, to the very poor, every child is an earner and helper and global
concerns have little relevance for him. 3. Agricultural Growth The people must be
acquainted with the methods to sustain and increase agricultural growth with
damaging the environment. High yielding varities have caused soil salinity and
damage to physical structure of soil. 4. Need to Ground water It is essential of
rationalizing the use of groundwater. Factors like community wastes, industrial
effluents and chemical fertilizers and pesticides have polluted our surface water
and affected quality of the groundwater. It is essential to restore the water quality
of our rivers and other water bodies as lakes is an important challenge. It so
finding our suitable strategies for consecration of water, provision of safe
drinking water and keeping water bodies clean which are difficult challenges is
essential. 5. Development And Forests Forests serve catchments for the rivers.
With increasing demand of water, plan to harness the mighty river through large
irrigation projects were made. Certainly, these would submerge forests; displace
local people, damage flora and fauna. As such, the dams on the river Narmada,
Bhagirathi and elsewhere have become areas of political and scientific debate.
Forests in India have been shrinking for several centuries owing to pressures of
agriculture and other uses. Vast areas that were once green, stand today as
wastelands. These areas are to be brought back under vegetative cover. The tribal
communities inhabiting forests respects the trees and birds and animal that gives
them sustenance. We must recognise
d. ENVIRONMENTAL SCIENCE the role of these people in restoring and
conserving forests. The modern knowledge and skills of the forest deptt. should be
integrated with the traditional knowledge and experience of the local
communities. The strategies for the joint management of forests should be evolved
in a well planned way. 6. Degradation of Land At present out of the total 329 mha
of land, only 266 mha possess any potential for production. Of this, 143 mha is
agricultural land nearly and 85 suffers from varying degrees of soil degradation.
Of the remaining 123 mha, 40 are completely unproductive. The remaining 83
mha is classified as forest land, of which over half is denuded to various degrees.
Nearly 406 million head of livestock have to be supported on 13 mha, or less than
4 per cent of the land classified as pasture land, most of which is overgrazed.
Thus, our of 226 mha, about 175 mha or 66 per cent is degraded to varying
degrees. Water and wind erosion causes further degradation of almost 150 mha
This degradation is to be avoided. 7. Reorientation of Institutions The people
should be roused to orient institutions, attitudes and infrastructures, to suit
conditions and needs today. The change has to be brought in keeping in view
India’s traditions for resources use managements and education etc. Change
should be brought in education, in attitudes, in administrative procedures and in
institutions. Because it affects way people view technology resources and
development. 8. Reduction of Genetic Diversity Proper measures to conserve
genetic diversity need to be taken. At present most wild genetic stocks have been
disappearing from nature. Wilding including the Asiatic Lion are facing problem
of loss of genetic diversity. The protected areas network like sanctuaries, national
parks, biosphere reserves are isolating populations. So, they are decreasing
changes of one group breeding with another. Remedial steps are to be taken to
check decreasing genetic diversity. 9. Evil Consequences of Urbanisation Nearly
27 per cent Indians live in urban areas. Urbanisation and industrialisation has
given birth to a great number of environmental problem that need urgent
attention. Over 30 percent of urban Indians live in slums. Out of India’s 3,245
towns and cities, only 21 have partial or full sewerage and treatment facilities.
Hence, coping with rapid urbanization is a major challenge. 10. Air and water
Population Majority of our industrial plants are using outdated and population
technologies and makeshift facilities devoid of any provision of treating their
wastes. A great number of cities and industrial areas that have been identified as
the worst in terms of air and water pollution. Acts are enforced in the country, but
their implement is not so easy. The reason is their implementation needs great
resources, technical expertise, political and social will. Again the people are to be
made aware of these rules. Their support is indispensable to implement these
rules.
e. STRUCTURE OF ENVIRONMENT
Environment is both physical and biological. It includes both living and non-
living components. (i) Physical Environment The Physical Environment is
classified into three broad categories viz. (i) Solid, (ii) Liquid (iii) Gas.
These represent the following spheres: (i) The lithosphere (solid earth) (ii) The
hydrosphere (water component) and (iii) The atmosphere
As such, the three basic of physical environment may be termed as under: (i)
Lithospheric Environment (ii) Hydrospheric Environment (iii) Atmospheric
Environment
The scientists have classified them into smaller units based on different spatial
scales, e.g. (i) Mountain Environment (ii) Glacier Environment (iii) Plateau
Environment (iv) Coastal Environment (ii) Biological Environment
The biological of the environment consists of: (i) Plants (flora) (ii) Animals include the following and they are responsible for the different types of
(fauna). Thus, the biotic environment further be divided into floral environment environment.
and faunal environment. All the organisms work to form their social groups and
organizations at several levels. Thus, the social environment is formed. In this 1. Types of Environmental System
social environment the organisms work to derive matter from the physical An environmental system is a system in which life interacts with all the abiotic
environment for their sustenance and development. This process gives birth to components found in the atmosphere, hydrosphere and lithosphere. All these
economic environment. Man claims to be most skilled and civilized of all the systems are involved with the capture, movement, storage and utilization of
organisms. This is the reason why his social organisation is most systematic. The energy. In this respect, environmental systems can also be viewed as energy
three aspects of man, e.g. physical, social and economic, function in the biotic systems. The common types include: 1. Hydrological systems Surface water
environment as under: (i) The Physical Man The ‘Physical Man’ is one of the systems Subsurface water systems Coastal systems
organisms populations or biological community. He is in need of basic elements
of the physical environment like habitat (space), air, water and food. Besides, like 2. Types of Ecological systems
other biological populations, he releases wastes into the ecosystem. (ii) The
i. Agricultural systems
Social Man The ‘Social Man’ performs the following functions: (a) Establishing
social institutions, (b) Forming social organisations, ii. Wildlife systems
f. ENVIRONMENTAL SCIENCE : DEFINITION, SCOPE AND IMPORTANCE 9 3. Types of Climatic systems
(c) Formulating laws, principles and policies, (d) Taking steps to safeguard his
existence, interest and social welfare. (iii) The Economic Man The economic man i.Oceans
derives and utilises resources from the physical and biotic environment with his
ii.Atmosphere
skills and technologies. The economic function makes the man an environment/
geomorphic process as he transports matter and energy from one component of iii. Land surface
the ecosystem to the other. There may be any following two situations: (a) His
exploitative functions may be in harmony with the natural environment. Such,
functions do not necessarily involve change in the working of the ecosystem. (b)
APPENDIX –F
These functions may exceed the critical limit. Consequently, the equilibrium of the
environment/ecosystem is disturbed and a great number of environment and Some additional principles
ecological problems crop up. These are determental to man him besides to whole
population of human species in a given ecosystem. 2.3.11. Responsibility (obligation) not to Cause Environmental Damages

APPENDIX - E It is the central principle of an international laws.

An ecosystem is made up of all the living and non-living things within a specific This principle has been elaborated in arbitral decisions in Art.21 of the
natural setting. The significant elements include plants, animals, insects, Stockholm Declaration.
microorganisms, soil, water, rocks and air. All bio networks fall into two It has been accepted in Art.2 of Rio Declaration.
categories which are either aquatic or terrestrial. The major types of ecosystems
This principle has been accepted by the International Court for Justice (ICJ)
advisory opinion regarding the legality of nuclear weapons.
It is considered as a part of Customary International Law.
In 1941, the Trial Smelter Arbitration, this principle was established in
application.
The Principle “Not to Cause Environmental Harm” was elaborated as Principle
21 of the Stockholm Declaration in 1972 as follows:
“States have, in accordance with the charter of UN and the principle of the
international law, the sovereign right to exploit their own resources pursuant to
their own environmental policies, the responsibility to consume that activities
with in their jurisdiction or control do not cause damage the environment of other
states or of area beyond the limits of rational jurisdiction.”
International Joint Committee has expressed the views as follows:
No states has the right to use or permit the use of its territory in such a manner as
to cause injury by fumes in or to the territory of another or the properties of
persons therein, when the case is of serious consequences and the injury is
established by clears and continuing evidence.
Note: (batabarnlaai haani nahune kisimle aafno adhikarko prayog garne)
Principle of preventive action, the pollution prevention principle should be
differentiated from the duty to avoid environmental harm. Under the new rule, a
state may be under the obligation to prevent damage with in its own jurisdiction.
The Institute of International Law (IIL) was founded on 8 September 1873 at
the Ghent Town Hall in Belgium by eleven international lawyers of renown. The
Institute is a learned society and its purpose is to promote the progress of
international law. In recognition of its action in favour of arbitration among
States, a peaceful means of settling disputes, the Institute has received the Nobel
Peace Prize.
2.3.12 Principle of Environment Impact
Assessment (EIA)
……………………………………………………………………………………
1. USA started to explain this principle for the first time in 1969, then spread
rapidly throughout world.
2. It was established and introduced into development related decision making
because of increasing public concern over the environmental protection.
Until 1970’s the development projects had been appraised in terms of cost &
benefits and expected the technical performance.
The environmental implications were not investigated in terms of cost &
benefits & expected the technical performance. The environment implication
were not investigated systematically.
At present, EIA is singularly important in both domestic & environmental law.
3. In 1992, Rio Declaration 17 principle has been adopted EIA.
4. In 1982, UNCLOS (UN convention on the law of the sea), Art 206 have
accepted EIA.
5. In Nepal, the Environmental protection act, 1997 (2053 B.S.) has made the
EIA as mandatory prerequisite for development projects.
5. The water Resources Act, 1992 and Electricity Act 1992 also make the EIA as
mandatory requirement of development projects.
The supreme court has also emphasized to carry out the EIA prior to launch
any kind of the development activities in order to take precaution for
minimizing an feasibility harm to environment.
6. Art. 4 of the UN framework convention on climate change, 1992 calls for
using EIA to minimize adverse effects on the environmental.
7. On the chapter 22 of Agenda 21, also proclaimes the necessity to access the
environment impact of certain planned activities. • Sixth Five Year Plan (1980-1985) had first mentioned the need for EIA for

8. Art 14 (1) (a) & (b) of the Biodiversity convention concerns both the national major infrastructure projects
& international aspects of the issues.

9. In the case Vellore Citizens Welfare Forum vs Union of India, supreme court
has ordered to emphasize on EIA. • Seventh Five Year Plan (1985-1990), first time a national level policy on

10. The EIA emphasizes on managing the environment at higher level of environment management was incorporated
activities. The integration of EIA into the project planning & project related
decision making has proven to be an effective tool in predicting projects, which
have been able to achieve their social & economic objectives while minimal • Eighth Five Year Plan (1991-1995) anticipated the establishment of a national
environmental disruption.
system for EIA and stipulated that EIA be conducted at the stage of feasibility
11. In Nepali, it is called as "baatabaraniye prabhav mulyankanko siddanta".

12. A short introduction of EIA in NEPAL. study.

Environmental Impact Assessment (EIA) in Nepal Presented by Government of • National EIA Guideline, endorsed in September 1992 and gazette in July 1993

Nepal Environmental Impact Assessment (Section Ministry of Population and

• Enforcement of Environment Protection Act and Environment Protection
Environment)
Regulation in 1997

History
• Constitution of Nepal

➢ Started in 1960’s with the formulation of National Environment Protection

Legal Provision for EIA
Act, 1969 in USA
• Environment Protection Act, 1997

In context of Nepal
• Environment Protection Regulation, 1997
➢ Schedule-1 for IEE • National Environmental Impact Assessment Guideline, 1993

➢ Schedule-2 for EIA • Physical, Biological and Socio-economic cultural environment

Provisions in Environment Protection Act and Regulation • Desk study (Literature review)

• Section 3: obliges the proponent to prepare IEE/EIA report • Field study Scoping Phase:

• Section 4: prohibition on implementation of proposal without approval of the ➢ Delineation of the project area
IEE/EIA reports
➢ Collection of baseline data
• Section 18 (1) and (2): provision of punishment
➢ Interaction with the stakeholders
➢In case of IEE, concerned ministry is the authority for report approval
➢ Identification and prioritization of the issues ToR phase:
➢In case of EIA, Ministry of Population and Environment is the authority for
report approval ➢In both case of IEE and EIA, concerned ministry is responsible ➢ Methodology

for monitoring
➢ Prioritized issues

➢MoPE is the authority for Environmental Auditing

➢ EIA format EIA phase:

➢ Detail study of baseline environment

EIA study and report approval process

➢ Identification, Prediction and evaluation of the impacts

• Proponent

➢ Proposing enhancement and mitigation measures along with environmental
management cost
➢ Public hearing
Scoping Document (SD) and Terms of Reference (ToR) Review & Approval
Process
{Preparation of Scoping Document (SD) and Terms of Reference (ToR) by the
Proponent • Publication of a 15 days notice in a national daily by the proponent,
informing the concerned local organizations and individuals about the proposal
in brief and defining the VDC’s/municipalities (new local bodies) to be affected
by the proposal implementation and soliciting their concerns and suggestions on
the proposal •Preparation of SD after field study and consultations/interactions
with stakeholders and ToR based on the SD by the proponent/consultants}
1. Submission of the SD/ToR by the proponent to the concerned Ministry
2. SD/ToR forwarded to MoPE by the concerned Ministry along with its
comments/ suggestions or recommendations for approval
3. Formation of the EIA Report Suggestion Committee (RSC), chaired by Joint
Secretary of MoPE
4. Review SD/ToR by the committee members, send a letter to the proponent for
revision of SD/ToR as per suggestions of RSC and EIA section of Ministry,
submission of revised SD/ToR to MoPE by proponent
5. Internal decision process in MoPE regarding conditional/unconditional
approval/disapproval or requirement for resubmission with modifications
6. Notification to the concerned Ministry about the conditional/unconditional
approval/disapproval
EIA Report Review & Approval Process
1.Preparation of EIA report by the proponent
•Desk Study/Field study, preparation of draft EIA report based on the approved
ToR
•Conduction of a public hearing by the proponent in the area of
VDC/municipality (new local bodies), where the project has been proposed to be
implemented, to collect public opinion /comments/suggestions on the proposal
• Collection of recommendation letters from all concerned VDC’s/municipalities
(new local bodies)
2. Submission of EIA report by the proponent to the concerned Ministry
3. EIA report forwarded to MoPE by the concerned Ministry along with
comments/suggestions or recommendations for approval
4. Publicizing the EIA report for review/comments by publishing 30 days notice in
a national daily newspaper by MoPE
5. Review EIA report by committee members of RSC, send a letter to the
proponent for revision of EIA as per suggestions of RSC and EIA section of
Ministry, submission of revised EIA to MoPE by proponent
6. Internal decision process in MoPE regarding conditional/unconditional
approval /disapproval or requirement for resubmission with modifications
7. Notification to the concerned Ministry about the conditional/unconditional
approval/disapproval
Approved number of EIA reports till now
S.N. Project sector
1 Hydropower
2 Transmission Line
3 Road
4 Industry
Approved no. of reports Environmental Assessment Guideline 1993 was the first “lesson learnt”
document in Nepal which has played facilitation role in the EIA process.
104
12. (KATHMANDU UNIVERSITY JOURNAL OF SCIENCE, ENGINEERING
24 AND TECHNOLOGY VOL. 5, No. II, SEPTEMBER, 2009, pp 160- 170. 160 )
31 ENVIRONMENTAL IMPACT ASSESSMENT SYSTEM IN NEPAL - AN
25 OVERVIEW OF POLICY, LEGAL INSTRUMENTS AND PROCESS

5 Hospital 23 Ramesh Prasad Bhatt*, Sanjay Nath Khanal Department of

Environmental Science and Engineering School of Science, Kathmandu
6 Apartment 17 University P.O. BOX NO. 6250, Kathmandu, NEPAL.
7 Drinking Water Supply, Irrigation 16 *Corresponding author: rameshbhatta@yahoo.com Received 18 January,
2009; Revised 10 September, 2009
8 Community Forest 13
ABSTRACT
9 Airport 3
Environmental Impact Assessment (EIA) is one of the major instruments
10 Sanitary Landfill Site 6
integrated with a goal of making economic development project, environmentally
11 Hotel 13 sound and sustainable. The use of EIA began in 1970 in USA and spread rapidly
throughout the world particularly after the UN Earth Summit held in 1992. To
12 Others 29 enable such issues to be taken into account in decision making it was necessary to
introduce a systematic procedure of EIA. Therefore, to date many of the countries
Total 307
of world have a legal and institutionalized system of EIA. In the planning history
Initiatives taken by Ministry to facilitate EIA process of Nepal, the Sixth Plan (1980-'85), for the first time recognized the need for EIA
integration for major infrastructure projects. The government of Nepal
• Fourth amendment of EPR-shorten the duration of approval enunciated environment conservation related policies in the Seventh Plan (1985-
90). In order to enforce this policy, a series of guidelines were developed
• Fifth amendment of EPR-provision of SEIA and revised EMP
incorporating the elements of environmental factors right from the project
• General EIA guideline formulation stage of development plans. Environmental Assessment Guideline
1993 was the first “lesson learnt” document in Nepal which has played
• Hydro specific EIA guideline facilitation role in the EIA process. Until than, international obligations,
Point for discussion conventions, guideline, treaties applied for the environmental and biodiversity
conservation measures at the policy level.
• How do we use to facilitate EIA in Federalism ????
Inspired by the international conventions, treaties and planned EIA process
internationally; Nepal government has established EIA system for developmental
projects with the formulation of Environmental Protection Rules 1997 as well as
sectoral policy, laws and guidelines. Based on the formulated Act, regulations,
and guidelines, criteria for IEE/EIA has established that the development projects
certainly require environmental assessment study as per the nature of the projects
unless they cross the given threshold for the disruption of the environmentally
sensitive areas and their natural environment. Leafing the policies and legal
instruments of the country, now the ongoing EIA system has big challenge
towards environmental management and biodiversity conservation for sustainable
development.
Keywords: EIA- Environmental Impact Assessment, EPA- Environmental
Protection Act, EPREnvironmental Protection Regulation
INTRODUCTION
Depletion of natural resources induced by human activities and subsequent
environmental degradation has attracted steadily growing interests in the last few
decades. Such concerns make it evident the necessity for the planning authorities
to count on sound information about the possible environmental consequences of
development actions. One of the tools available to satisfy this need is represented
by the procedure of Environmental Impact Assessment (EIA). This procedure
involves the systematic identification and evaluation of the impacts on the
environment caused by a proposed project. EIA is now applied worldwide in
various forms. Its potential role in attaining the objective of sustainable
development was explicitly recognized during the Earth Summit 1992 held in Rio
de Janeiro (United Nations 1992).
The EIA procedure generates a report and discusses the acceptability of the
predicted environmental impacts. Such a report is submitted to the authorities to
support the decision-making related to the approval of the development under
consideration. The EIA is made up of a number of multidisciplinary issues on
biophysical, socioeconomic and cultural environment, each one addressing
specifically different category of impacts of each environmental component.
Environmental Impact Assessment (EIA) emerged as a response to the concern
expressed by the environmental movements of 1960s; USA formulated National
Environment Protection Act in 1969 with the requirement of Environmental
Impact Statements (EIA) for major federal actions significantly affecting the
quality of human environment. Since the 1960s, growing environmental
awareness has focused attention on the interactions between development actions
and their environmental consequences. EIA has been a great interest in virtually
of all of the industrialized nations of the world, where it has now become major
tool for environmentally sound management practices and for the attainment of
sustainable management goals.
Present is the key to the past, James Hutton (1785), Human activities decrease
and increase the magnitude and frequency of natural process. Examples are
flooding, landslide, changes in hydrological regime, environmental pollution,
habitat fragmentation and species extension. Maintaining the ecosystem is the
sustainability of life and EIA tool is for decision making sound environmental
management practices (NEPA 1969).
EIA is a tool for environmental analysis in developing countries (Ahmad and
Sammy 1985, 1985; Biswas and Qu Geping.1987; UNEP, 1988).Any project
entails a set of activities over period of time, project activities occur either during
the construction period or during the operations or in both periods. Such
activities generate some stresses, which may have impacts on the impacts. A)
Resource impacts b) human welfare impacts c) environmental impact and d)
global impacts. The pathway of impacts can be traced from three distinct sources:
resource depletion or degradation, pollution and human activities.
However, progress in adopting EIA as an environmental tool has been extremely
slow in the developing countries. Although these countries have always had
general environment related laws and regulations which can be exploited for EIA
purposes, these have had very limited impacts as environmental protection
measures because of serious technical, administrative and political constraints
(Gamman, J.K.Mc Creary, S.T.1988, Fola S. Ebisemiju 1993), In fact, only a few
developing countries have used them to demand EIA.
At the beginning of the 1980s there was apprehensive pressure to introduce
systematic assessment of the environmental consequences of forestry and other
development projects in the developing countries. The sense of urgency comes
from the fragility of the forest resources themselves and from the establishment of
regularity agencies in the developing countries, from the procedural requirements
of international funding and technical assistance agencies and individual donor
countries, and from the activism of the international conservation and scientific
community (FAO Conservation Guide, 1992).
BACKGROUND
The EA system of Nepal has introduced successfully after the enforcement of
Environment Protection Rules (EPR) 1997, which made IEE/EIA mandatory for
the governmental as well as the private sector. Prior to this, IEE/EIA was
mandatory only for the governmental sector, ever since the enforcement of the
National Guidelines (1993). However, the historical establishment of EIA process
began since late 1980s.The following sections gives an outline of the major
achievements to establish policy and legal instrument for the proper
implementation of the EA system in Nepal.
EIA Policies in Nepal
First Five Year Plan (1956-1961), was the first planned process of development
in Nepal while Sixth Five Year Plan (1980-1985) had first mentioned the need for
EIA for major infrastructure projects. Government had established a project
entitled “Environmental Impact Study Project” (EISP) under the Ministry of
Forest and Soil Conservation in 1982. During 1982 to 1988, EISP prepared draft
documents on environmental policy, environmental act and guidelines and
conducted EIA on several ongoing infrastructure projects. However, the efforts at
project level became ineffective, due to lack of interest of the decision-makers and
the politicians (Bhattarai, 1999).
Seventh Five Year Plan (1985-1990), first time a national level policy on
environment management was incorporated. The policy emphasized to carry out
EIA for all major development projects such as tourism, water resources,
infrastructure, forestry and industry. However, implementation of EIA policy was
not realized to the extent previewed. EIA was carried out in hydro-power
development, irrigation and drinking water and road construction without
mandatory requirement of the Government, though, but rather as a requirement
stipulated by loan and donor agencies. The Nepal Government/National Planning
Commission (NPC) and IUCN developed and endorsed the National
Conservation Strategy (NCS) in this period for sustainable management of
natural resources and the protection of the environment. The NCS for Nepal was
prepared jointly as an inter-sectoral umbrella policy at the national level for
addressing environmental issues during the development process.
Eighth Five Year Plan (1991-1995) and the Nepal Environmental Policy and
Action Plan (1993) reemphasized the need for an EIA system to integrate
environmental concerns into the development process. The Eight Five Year Plan
anticipated the establishment of a national system for EIA and stipulated that EIA
be conducted at the stage of feasibility study. Considering the NCS mandatory
and constraint on policy and plan for the preparation of EIAs in Seventh Five
Year Plan., first National EIA Guideline was endorsed in September 1992 and
gazetted in July 1993.
Tenth Periodic Plan (2002-2007) the plan seeks to reduce poverty from 38% to
30% by 2007 through emphasis on four key areas, high, sustainable, and broad
based economic growth, social sector and rural infrastructure development;
targeted program for the ultra-poor, vulnerable and deprived groups; and good
governance. This plan includes genetic resources and biodiversity conservation
programs in sustainable manner.
Tenth Five Year Plan, 2003 Conservation of biodiversity through management of
buffer zone involving local user groups, promote & encourage Eco-tourism in the
protected areas. Conservation of biological diversity will be achieved through the
utilization of landscape approach, community participation, and soil conservation
in sustainable way forming basis for development.
POLICIES RELATED TO DIFFERENT SECTOR
Besides these national level policies, sectoral development policies have also
emphasized, the need of environmental management, including the adoption of
EIA process. For instance, the Hydropower Development Policy (1992) has stated
for a need to "render assistance in the conservation of environment by supplying
clean energy through the development of hydro-electric power". The Irrigation
Policy, 1993 (revision 1997) commitments are directed towards the design and
implementation of irrigation projects based on the recommendations of the EIA
and IEE reports, prepared as per the National EIA Guidelines, 1993. Similarly
the sectoral policies of forests, industry, tourism, and solid waste management
have accorded high priority to integrate environmental aspects in the respective
development projects and programmes. The policy initiativesclearly indicate
government’s commitment that opens a number of avenues to internalize and
institutionalize EIA system in decision-making process.
LAWS RELATED TO EIA
In the process of internalizing the Environmental Assessment System in
development proposals, the government of Nepal enacted the Environment
Protection Act (EPA) 1997 and the Environment Protection Rules (EPR), 1997,
which makes the integration of IEE and EIA legally binding to the prescribed
projects. Proposals requiring IEE and EIA study are included in Schedules 1 and
2 of the EPR, 1997 (amendment 1999) respectively.
The EPA, 1997 obliges the proponent to prepare IEE or EIA report on the
prescribed proposals. Implementation of such proposals is carried out after the
approval of EIA by concerned agency (sectoral ministry) and MoEST. The Act
outlines the process for the submission of the proposal by the proponent and
approval of reports through the concerning authority. The EPR, 1997 elaborates
provisions to prepare and submit the scoping report, Terms of Reference (TOR),
and IEE/EIA report for approval and includes public consultation processes. As
per the EPR 1997, the EA report, in general, should include detail information on
impacts and environmental protection measures, including implementation plan,
monitoring and evaluation and environmental auditing. Public consultation has
been a pre-requisite in all the prescribed projects.
PROVISIONS OF EIA IN SECTORAL LAWS
Some of the sectoral laws also provide opportunity to conduct environmental
assessment studies. For example, the Forest Act, 1993 calls for carrying out EIA
of the development proposals if they are to be implemented in the forest areas
and/or passes through the forest area. Section (68) of the Act empowers
government to give consent to use any part or the any category of forest areas, in
case of absence of alternative, for the implementation of the national priority
proposal with the assurance that it does not pose any significant adverse effect in
the environment. The National Parks and Wildlife Conservation Act, 1973
contains a number of environment-friendly provisions and prohibit activities that
will have adverse impacts on the environment. The Forest Rules, National Parks
Rules, and Conservation Area Management Rules also contain a number of
regulatory measures to minimize environmental impacts within the forests,
national parks, wildlife reserves and conservation areas.
Aquatic Animal Protection Act, 1961 and First Amendment, 1998 (AAPA)
promulgated for protecting aquatic animals in natural water bodies like rivers,
reservoirs and lakes has remained virtually defunct due to lack of related
bylaws/regulations. Its first amendment in 1998 section 5a states for use of safe
pesticides use for catching aquatic life. Section 4a, 4b and 5 empower the
government to prohibit catching, killing and harming certain kind of aquatic
animals in different scenario.
The Water Resources Act 1993 contains provisions to minimize environmental
impacts, including soil erosion, floods and landslides. This provision calls for
carrying out EIA study prior to project implementation (Section 20). The Act also
empowers government to frame standards while utilizing water resources (Section
18) and to frame rules on environment related matters and controlling pollution
(Section 24). The Water Resources Rules, 1993 oblige the proponent to analyze
environmental impacts of a proposal and state that such study should contain
environmental control and safety measures and other necessary arrangements to
resettle people during hydro-electricity development. Also, in a process for
resolving any conflict, the Water Resources Utilization Investigation Committee
should consider environmental impacts likely to occur from a proposal [Rule 28
(3)]. The Irrigation Rules, 1989, prohibits activities, which pollute the canal or
irrigation water (Rule 4.1).
The Electricity Act, 1993 also contains provisions to minimize soil erosion, floods,
air pollution and damage to the environment while producing and transmitting
electricity (Section 24). The Electricity Rules, 1993 stresses environmental
analysis, which should include environmental mitigation measures to minimize
adverse impacts likely to occur while developing hydro-electricity (Rule 12 and
13).
The Tourism Act, 1978 also contains provisions to minimize waste and
environmental pollution in the trekking areas. Scattered regulatory measures are
also available in other sectoral laws but they do not clearly spell out the need for
EIA studies.
The Mines and Minerals Rules, 2000 obliges the proponent to adopt
environmental protection measures and ensure environmental conservation (Rule
19). Furthermore, the rules 32 and 33 elaborate provisions to minimize
significant environmental impacts. This Rule provides an opportunity to identify
potential environmental impacts and implement mitigation measures, which is a
part of the EIA process.
Similarly, Explosive Material Act, 2018, Public Road Act, 2031, Road Board Act
2002, Land Acquisition Act 2034 and Land Acquisition Regulations 2026, Local
Self-Governance Act (1999) and Rules (2000), Buffer Zone Management
Regulation 1996, Himalayan National Park Regulations, 1979 have also
emphasized EIA provision in particular article of the Laws.
GUIDELINES IN ENVIRONMENTAL IMPACT ASSESSMENT
In the process of implementing National Conservation Strategy (NCS) in 1990,
the government of Nepal in collaboration with The World Conservation Union -
IUCN developed a national system for Environmental Impact Assessment. This
was a significant contribution towards the preparation of locally suitable
environmental assessment guidelines. The National EIA Guidelines for Nepal was
drafted, tested and finalized through a participatory approach and within two
years of continued efforts the government endorsed the guidelines on 27
September 1992 through an administrative decision (Cabinet decision) and
gazetted it on 19 July 1993. Although National EIA guidelines are procedural
guidelines, it substantially encouraged the proponent to prepare an EIA report of
the prescribed development projects and programmes. It serves as the primary
source of integrating environmental aspects in major development projects.
The National EIA Guidelines contains objectives, methods of screening projects
requiring the level of environmental assessment (IEE or EIA), scoping, impact
identification and prediction, report review, monitoring and evaluation and
impact auditing. The guidelines also contain methods for ensuring public
participation during the preparation of the EIA report, including the need of
impact mitigation measures in the EIA report. It calls for identifying physical-
chemical, biological, socioeconomic and cultural impacts and proposing
mitigation measures to avoid, eliminate and/or minimize or mitigate each adverse
impact and to augment of beneficial impacts resulting from the project. The
guidelines also stresses on the inclusion of monitoring and evaluation and a
framework for environmental auditing in the EIA report.
Within the broad framework of the National EIA guidelines, two separate EIA
guidelines of Forestry and Industry Sector were prepared and the government
endorsed them in 1995. These two guidelines primarily differ on regulatory
Schedules, which include projects and programmes requiring levels of
environmental assessment. In a process for facilitating the environmental
consideration in development project, government of Nepal as a part of the NCS
Implementation Programme has also drafted sectoral EIA guidelines.
OBLIGATIONS IN ENVIRONMENTAL IMPACT ASSESSMENT
Nepal has been a Party of 16-Environment related international legal
instruments, the treaties, conventions and agreements. Furthermore, Nepal has
signed other four conventions and treaties, which Nepal should implement based
on moral obligation but not on legal ground. It is important to note that
conventions are more effective than the Nepalese legislation based on the Nepal's
Treaty Act of 1990. In view of the EIA requirements on international legal
instruments, the Convention on Biological Diversity (CBD) is more important.
This Convention obliges the Party countries to introduce appropriate procedures
for EIA, introduce appropriate arrangements to conduct EIA, promote and
exchange information with other States, notify immediately the potential affected
States in danger of biodiversity, promote national arrangement for emergency
response on conservation, and examine restoration and compensation for damage
to biodiversity. Since 1975, Nepal has been working as a party to the CITES. This
has facilitated international cooperation to stop or control international trade in
endangered wild fauna and flora. The aim of CITES is to reduce or eliminate
trade in species whose numbers or conditions suggest that further removal would
cause extinction of that species.
This Convention on Biodiversity was signed by Nepal on 12 June 1992 during the
Earth Summit at Rio. Nepal ratified this Convention and deposited its instrument
of ratification on 23 November 1993 and became a Party since 21 February 1994.
Other Conventions to which Nepal is a Party do not specifically mention about
EIA requirements, however, there are opportunities to conduct EIA studies so as
to identify likely environmental impacts of the development projects, programmes
and minimize potential environmental impacts. Besides, a regional Convention on
EIA exists in the EU region. This was adopted at Espoo (Finland) on 25 February
1991 as a regional Convention of EU. This Convention attempts to: link economic
activities and environmental consequences; ensure ESSD; and make EIA as
means of national procedure for evaluating the likely impact of a proposed
activity on the environment. This Convention contains 20 articles and focuses on
preparation and consultation of EIA documentation, post-project analysis,
research programmes, bilateral and multilateral cooperation on strengthening
EIA system and so on. These framework guides the advancement of EIA system
and lesson learnt documents in Nepal’s EIA the perspectives.
Besides the international legally binding instruments, there are other instruments
such as Stockholm declaration, Rio declaration and also Agenda 21 - a blue print
of action - for the 21st century, which obliges the UN member states to adopt
necessary measures on EIA application so as to minimize potential environmental
impacts and augment beneficial environmental impacts. The Stockholm and Rio
Declarations also encourage the UN member States to integrate EIA process in
the overall decision-making, planning and implementation of the development
projects and programmes. In this context, there are ample opportunities to
internalize and institutionalize EA system in avoiding and mitigating adverse
environmental impacts and make the development initiatives environmentfriendly,
economically beneficial and sustainable.
OPPORTUNITIES
A narrow definition of EIA describes it as a systematic process of identifying,
predicting, analyzing, evaluating and mitigating the direct and indirect
environmental effects of a proposed activity before permission is given for it to
commence. A broader definition stresses the need to identify and assess the
potential impacts, not only of projects, but also of legislative proposals, policies,
programmes and operational procedures, on the environment, human health and
well-being, and to communicate information about those impacts to the general
public. Within the context of this broader definition, several studies on
sustainable development (World Bank, 1991; UNEP, 1993; Glasson et al., 1996)
recommend that in addition to assessing impacts on the physical and biological
environment, EIA should address socio-economic impacts, including those on
ethnic minorities, women, and community governance.
The immediate concerns of the sectoral EIA studies in Nepal will be dealt most
effectively, if we adopt the narrow definition of EIA: namely the assessment of
environmental impacts caused by economic activities such as infrastructural
development projects, industry, hydropower, and road expansion. EIA in this
context only encompasses socio-economic impacts that relate to environmental
resource management in affected communities.
Early EIAs focused only or primarily on impacts on the natural or biophysical
environment (such as effects on air and water quality, flora and fauna, noise
levels, climate and hydrological systems). However, over time, increased
consideration has been given to social, health and economic impacts. This trend
has been driven partly by public involvement in the EIA process. It is reflected by
the evolving definition of the term ‘environment’ in EIA legislation, guidance and
practice. In many EIA systems, a broad definition of ‘environment’ is adopted.
This can include effects on:
 Human health and safety;
 Flora, fauna, ecosystems and biological diversity;
 Soil, water, air, climate and landscape;
 Use of land, natural resources and raw materials;
 Protected areas and designated sites of scientific, historical and cultural
significance;
 Heritage, recreation and amenity assets; and
 Livelihood, lifestyle and well being of those affected by a proposal.
Depending on the EIA system, some or all of these impacts may require analysis
and evaluation. However, health, social and other non biophysical impacts are
either not considered or are inadequately addressed. An alternative approach is
undertaken separately, but parallel assessments of social, health and other
impacts when they are considered to be particularly important for decisionmaking
and not adequately addressed by EIA or other similar processes (such as risk
assessment). The preferable approach is to undertake an integrated analysis.
CHALLENGES
In the past, the implementation of EIA in the project planning used to be a closed
door approach. However with the enforcement of EPR 1997, the opportunity for
the involvement of stakeholders has increased. Nepal has not introduced the
concept of accrediting the experts and consulting firms to prepare the EIA report.
Experiences from review of EIA reports shows that any person can prepare such
report and hence, the quality of EIA report is still in doubt. Influence of non-
professionals in developing and enforcing the legal regime on EIAs and in
preparing the EA report prevail in many sectors. Because of this, the benefits of
EA tool have largely been boiled down to legal complication and the effectiveness
of this tool has been diluted in project planning and implementation.
Furthermore, many of the developers (which have resulted in) consider that once
the EIA report is approved, environment is adequately managed. The entire
omission or negligence of the EIA, findings and recommendations in the process
of project implementation cannot be fully reflected for sound environmental
management. Furthermore, the agencies responsible for environmental
monitoring are not adequately addressed with the importance of EIA study, so
monitoring aspect is totally neglected.
Effective implementation of EA tool has been limited due to lack of trained
human resources and practice of not mobilizing the available human resources in
environmental monitoring, lack of information dissemination and database
systems, ad hoc procedure and criteria for reviewing the EA reports and lack of
integrating EA recommendations into design and contract documents.
Furthermore, monitoring and evaluation are grossly inadequate. Thus,
assessments of EIA studies strategically should be appropriate and emerged for
policy and decision making process as well as trend developed in developed
countries.
CONCLUSIONS
The existing policy and legal instruments since beginning of the late 1980s has a
big deal for the development of EIA system in Nepal.
EIAs have been integrated in major development projects since the early 1980s.
In the planning history of Nepal, the Sixth Plan (1980-'85), for the first time,
recognized the need for EIA integration for major infrastructure projects. In
1982, an Environmental Impact Study Project was established under the
Department of Soil Conservation to develop necessary instruments for the
integration of EIA in infrastructure development projects. The government of
Nepal enunciated environment conservation related policies in the Seventh Plan
(1985-90). In order to enforce this policy, and to make necessary arrangements, a
series of guidelines were developed incorporating the elements of environmental
factors right from the project formulation stage of development plans and projects
and to avoid or minimize adverse effects on the ecological system. In addition, it
has also emphasized to conduct EIAs of industry, tourism, water resources,
transportation, urbanization, agriculture, forest and other developmental
projects.
Government of Nepal has endorsed the National Conservation Strategy (NCS)
and the Master Plan for Forestry Sector (MPFS) for implementation. An EIA
study was also carried out in 1987 to identify the likely environmental impacts of
the activities proposed in the forestry Master Plan before its adoption. The NCS
also emphasized the need to internalize the EIA system in resource management
and development planning in Nepal.
Government of Nepal continued its efforts to internalize EA system during the
interim period (1990- 1991). One of the basic policies of the Interim Government
was to carry out EIA prior to the implementation of any major development
project and programmes. The Interim Government issued directives to implement
EIA in any project, which would have adverse affects on the natural balance.
The Eighth Plan period (1992-1997) has made a contribution remarkable and
notable in institutionalizing EIA system in Nepal's development planning and
administration. During this period, Government of Nepal adopted and
implemented the National EIA Guidelines, 1993, and two separate EIA Guidelines
for Forestry and Industry Sector in 1995 through administrative decisions, and
also continued the preparation of the sectoral EIA guidelines. During the Plan
period, the Environment Protection Act, 1996 and the Environment Protection
Rules, 1997 were enacted and enforced.
Although, EIA is one of the powerful tools to assess the project on environmental
grounds, the present practice of EIA report preparation generally overlooks the
impacts of macro-level policy, plan and programs, and assessment of cumulative
impacts. Because of delay in decision process, many stakeholders think that EIA
process is time-consuming and is not necessary.
In the past, the implementation of EIA in the project planning used to be a closed
door approach. However with the enforcement of EPR, the opportunity for the
involvement of stakeholders has increased. Nepal has not introduced the concept
of accrediting the experts and consulting firms to prepare the EIA report. Any
person can prepare such report and hence, the quality of EIA report is still doubt.
Influence of non-professionals in developing and enforcing the legal regime on
EIAs and in preparing the EA report prevail in many sectors. Because of this, the
benefits of EA tool have largely been boiled down to legal complication and the
effectiveness of this tool has been diluted in project planning and implementation.
Furthermore, many of the developers (which have resulted in) consider that once
the EIA report is approved, environment is adequately managed. Furthermore,
the agencies responsible for environmental monitoring are not adequately
addressed with the importance of EIA study, so monitoring aspect is totally
neglected.
RECOMMENDATIONS
All possible impacts of the project activities caused environmental stress which
could be properly managed or mitigated as per the nature, magnitude and
duration of the impacts by adopting policy and legal instruments in EIA practices.
The major point to be highlighted in the policy and legal instruments towards
effective implementation of EIA system are:
 Resource impact regarding change in forest, river and freshwater ecosystem as
well as from changes in plant and animal habitats due to pollution generated
from project activities can be measured through changes in the level of water and
air pollution resulting from project activities.
 For effective EIA implementation, international standards and requirements of
EIA is necessarily required.
 Human interest impacts can be measured through change in the economic
activity due to deteriorating environmental condition and through changes in the
institution of a society. Any scoring system can be incorporated all these aspects
of environment.
 Furthermore, a broader consultation is required among the professionals,
government agencies and concerned stakeholders towards the effective
implementation EIA approach and review of existing policy and legal
instruments.
ACKNOWLEDGEMENT
Authors would like to acknowledge the financial support received from Nepal
Academy of Science and Technology, Kathmandu Nepal.
REFERENCES
1. Ahmad and Sammy 1985. Biswas and Qu Geping.1987,UNEP, 1988,
Guidelines of Environmental Impact Assessment in developing countries. London.
Hodder and Stoughton
2. All country legislation: http://www.hmso.gov.uk/legis.htm.
3. Barry Sadler June 1997, A tool Kit for Effective EIA Practice Review of
Methods and Perspectives on their Application; Chief Executive, Institute of
Environmental Assessment Lincoln, UK
4. Bhatta R.P. March 2005, February 2006, Initial Environmental Examination of
twelve sub projects of seven districts, Rural Access Improvement and
Decentralization Project/ Department of Local Infrastructure Development and
Agricultural Roads, Lailitpur, Nepal.
5. Bhatta Ramesh Prasad January 2009, the Need and Use of Geographic
Information System for Environmental Impact Assessment in Nepal; Journal of
Water Energy and Environment, Issue No (4) PP (29-31).
6. Bhattarai, S., 1999, Evolution and the status of Environmental Assessment (EA)
in Nepal Draft. IUCN, Kathmandu, Nepal.
7. Biswas, A.K. and Geping Q. (eds) 1987.Ahmad y. and G.K.Sammy 1985,
Environmental Impact Assessment for developing countries. London. Typcooly
international.
 8. Byron, H (2000), Biodiversity Impact – Biodiversity and environmental impact
assessment: a good practice guide for road schemes. The RSPB, WWF-UK,
English Nature and the Wildlife Trusts, Sandy.
9. DNPWC-MFSC 1999, Buffer Zone Management Regulation 1996, and Buffer
Zone Management Guidelines, Department of National Parks and Wildlife
Conservation, Kathmandu, Nepal.
10. Environmental impact assessment, guide to procedures
http://www.odpm.gov.uk/index.asp.
11. FAO Conservation Guide 1992, Environmental Impact of Forestry;
Guidelines for its assessment in developing countries FAO.
12. Fola S. Ebisemiju 1993, Environmental Impact Assessment: Making Work in
developing Countries; Journal of Environmental Management vol. 38 (4). pp 247-
273.
13. .Gamman, J.K.Mc Creary, S.T.1988. Fola S. Ebisemiju 1993, Suggestions for
integrating EIA and Economic development in the Caribbean region.
Environmental Impact Assessment Review 8, 43-60.
14. GoN 1993, Nepal Environmental Policy and Action Plan, Government of
Nepal and IUCN Kathmandu, Nepal.
15. GoN, 1993. National Environmental Assessment Guidelines. Nepal Gazette
(Rajpatra), Volume 43, Number 5, Kathmandu.
16. GoN Forest Act, 1993, Ministry of Law and Justice, Kathmandu, Nepal.
17. GoN/MoLJPA 1997, Environmental Protection Act 1997 and Environmental
Protection Regulation 1997, GoN/N (Ministry of Law, Justice, and Parliamentary
Affairs), Law Books Management Board, Kathmandu, Nepal.
18. GoN 2002. Nepal Biodiversity Strategy, Ministry of Forest and Soil
Conservation, Kathmandu.
19. Hutun, N. 1988, The EIA process in Asia and the pacific region. In
Environmental Impact Assessment: Theory and Practice (P.Wathern, ed), pp.
224-238. London; Unwin Hyaman.
20. Institute of Environmental Management and Assessment (2004) Guidelines for
Environmental Impact Assessment. IEMA, Lincoln.
21. Khadka R, Bhatta R.B. Basnet Deepti 2000. EIA Proceeding for
Environmental Professionals and Managers 2000; Ministry of Population and
Environment/ International Resource Group (IRG)/ School of Environmental
management and Sustainable Development (Schems), Kathmandu Nepal.
22. L.W. Canter and G.A. Canty 1993, Environmental Impact Assessment Review,
13(5), pp 275-279.
23. Oxford, M (2001) Developing Naturally, A handbook for incorporating the
natural environment into planning and Development. Association of Local
Government Ecologists.
24. Planning Advice Note, Pan 58 - Environmental Impact Assessment (Scotland)
(1999).
25. The RSPB, WWF-UK, English Nature and the Wildlife Trusts (2000)
Biodiversity Impact – biodiversity and Environmental impact assessment: a new
approach summary leaflet
26. Uprety, B. K. 2003, Environmental Impact Assessment: Process and Practice.
Mrs.Uttara Uprety, Koteshwor, Kathmandu, Nepal.
27. W.A. Ross 1987, Evaluating Environmental Impact Statements; Journal of
Environmental Management. Vol. 25 pp. 137-147.
28. World Bank (1991), Environmental Assessment Sourcebook: Policies,
Procedures and Cross-Sectoral Issues. The World Bank Technical Paper No. 139,
Vol. I. Washington, D.C.: Environmental Department, the World Bank.
………………………………………
KATHMANDU UNIVERSITY JOURNAL OF SCIENCE, ENGINEERING AND
TECHNOLOGY VOL. 5, No. II, SEPTEMBER, 2009, pp 160- 170. 161
…………………………………
2.3. 13 Public Trust Doctrine/
(SAARBAJANIK NYAYEKO SIDANTA)
1. The ancient Roman Empire had developed this principle as a legal theory
“Doctrine of the Public Trust”
It was founded on the idea that certain properties such as rivers, seashore, forests
and the air were held by government in trusteeship for the free and unimpeded
use of the general public. Under the Roman law, the sovereign could own these
resources but the ownership was limited in nature, the crown could not grant
these properties to private owners if the effect was to interfere with the public
interests in navigation or fishing. Resources that were suitable for these uses were
deemed to be held in trust by the crown for the benefit of the public.
2. Under Roman Law, there resources were:
i. either owned by no one (Res nullius)
ii. or by everyone in common (Res communes)
3. It is a new principle of environmental law.
4. It is related with the exercise of powers by states over there natural resources,
not of individual.
5. According to this doctrine, the right of all to use and protect the natural
resources like water, air, forests etc. of their respective countries should be
protected and the state should not transfer such public natural resources to any
individual or corporate body providing him or its exclusive right to exploit such
resources is that of trustee only.
6. The public trust doctrine facilitates the PIL (Public Interest Litigation).
7. In 1960, Prof. Joseph L. Sax published one article “Defending the
environment: A strategy for citizen action”. He imposes the following restriction
on government author:
Three types of restriction on governmental authority are often thought to be
imposed by the public trust. First, the properties subject to the trust must not only
be used for a public purposes but it must be held available for the use by the
general public: Second, the properties may not be sold, even for a fair cash
equivalent and third, the properties must be maintained for particular types of
uses.
8. The Mind Minerals Act In 1985 of Nepal declares that all minerals remain the
properties of the government and that any person desiring to extract or market
minerals must obtain license from the prescribed authority.
9. Water Resources Act, 1992, Section 3 of Nepal, has adopted the Public Trust
Doctrine and it provides that the states shall have the ownership over all the
water resources of the Kingdom of Nepal. Section 19 of the said Act prohibits
pollution of water resources and authorizes government of Nepal to fix the
tolerable level of pollution standard in such resources.
10. Case: In 1970. Prof. Sax published an article “The Public Trust Doctrine in
Natural Resources Law Effective Judicial Intervention” to explain the decision of
Supreme Court of USA on the case of Illinois Central Railroad Company vs.
Illinois. In this case, government has decided not to give the land to the private
company as a land owner.
11. In 1997, in the case of M.C. Mehta vs. Kamal Nath, the India Supreme Court
has discussed the public trust doctrine, it was held that, without any specific laws,
which deal with the use of public resources, the executive is bound by the doctrine
of public trust. As such it cannot abdicate the natural resources and convert them
into private ownership. The state was held to be a trustee and therefore, under a
legal duty to protect natural resources.
12. In the case of Yogi Narahari Nath vs. Godwari Marble, Supreme Court of
Nepal repealed the governmental attitude and work because government at that
moment did not see as a trustee of the people. Similarly, in Lok Bikram Thapa’s
case, the Apex Court discussed about the public trust doctrine.
Assignment: Explain public trust doctrine in brief.
APPENDIX – G [ Natural Resources]
1. Soil resources Pyuthan,
Chitwan,
i. Alluvial soil Makawanpur,
ii. Lacustrine soil Baitadi
Copper (Cu) Copperores in Udayapur,
iii. Sandy and stony soil the form of Gorkha,
chalcopyrite, Dhading,
iv. Rocky soil copper bronite Makawanpur,
v. Glacial soil Silukhumbu,
Taplejung
Note: Gravel: size 5.00mm- 2.0 mm or more Gold (Au) Alluvial gold Rapti river,
Native gold Mustang,
Sand: 2.00- 0.2mm Bajhang,
Silt: 0.2mm- 0.02 mm Marsyangdi,
Sunkoshi river,
Clay: 0.02 mm or less Swayambhu-
Hall chowk area
Generally, soil are divided into three parts:
Magnesium (Mg) Magnesite Udayapur ,
i. Loam soil/Humus ii.Clay soil iii. Sandy soil Dolakha
Zinc/ lead Lead-zinc Ganesh Himal,
2. Water resources (Zn/ Pb) deposit Phulchoki
Cobalt( Co) Cobaltite Palpa, Gulmi
( First, second, third grade river)

3. Forest resources Calcium (Ca) Limestone Chobhar,

Udayapur,
(Sub-tropical evergreen forest, Deciduous monsoon forest, Coniferous evergreen Jogimara of
forest) Dhading district,
Okhre of
4. Mineral resources
Makawanpur,
Metals/minerals Names of ores Place 0f Surkhet
occurance Bismuth Bismuth ore Bhimphedi
Iron (Fe) Magnetite, Phulchoki- Eurenium Eurenium ore mustang
Hematite Lalitpur,
Tanahun, 1. The metals are extracted from minerals.
Bhojpur, Ilam, 2. Minerals oil are used as sources of domestic and industrial fuels.
Ramechhhap,
 3. The minerals are very important for the industrial development of
a country.
4. Various minerals are used in the construction of roads, bridges,
buildings etc.
5. Various minerals are used to make decorating materials.
1 nature of environmental studies
1. 1. PREPARED BY:- Prof. KOKARE A.Y. BABASAHEB PHADTAR
POLYTECHNIC, KALAMB-WALCHANDNAGAR CHAPTER NO.1
NATURE OF ENVIRONMENT STUDIES Subject-Environmental studies
B.P.P. Kalamb-Walchandnagar Prof. Kokare A.Y.
2. 2. Definition….. o The environment “is the sum of the total of the
elements, factors and conditions in the surroundings which may have an
impact on the development, action or survival of an organism or group
of organisms, such as, we human beings.” OR o It can also be defined as
“ external surroundings and conditions which directly or indirectly
affects the living organism” B.P.P. Kalamb-Walchandnagar Prof.
Kokare A.Y.
3. 3. Scope of Environmental Studies:
• Environment is a subject matter not only science but also social and
humanities.
• To study of environment to know physics, chemistry, biology
geography, management, economics, and population issue of country.
• Save environment for present and future generation.
• Protect and preserve environment resources like water, food , fuel and
control degradation of environment. B.P.P. Kalamb-Walchandnagar
Prof. Kokare A.Y.
4. 4. Importance of Environmental Education • To create awareness and
sensitivity to people about environment challenge. • To show concern to
maintain environment quality. • To develop and teach skill about
environment problem. • Participation of public fro exercising existing
knowledge related environment problem Environmental studie
(Education) 1. Environment issue like global warming, ozone depletion,
acid rain etc. Civilization and development lead to environment
pollution. 2. Explosively increase air, water, land, noise pollution. 3.
save biodiversity, better comm. With people, development planning for
urban and rural, sustainable development. B.P.P. Kalamb-
Walchandnagar Prof. Kokare A.Y.
5. 5. Importance of Environmental Education • To create awareness and
sensitivity to people about environment challenge. • To show concern to
maintain environment quality. • To develop and teach skill about
environment problem. • Participation of public fro exercising existing
knowledge related environment problem Environmental studie
(Education) 1. Environment issue like global warming, ozone depletion,
acid rain etc. Civilization and development lead to environment
pollution. 2. Explosively increase air, water, land, noise pollution. 3.
save biodiversity, better comm. With people, development planning for
urban and rural, sustainable development. B.P.P. Kalamb-
Walchandnagar Prof. Kokare A.Y.
6. 6. Stratosphere: • It is above troposphere and extends up to50-55 km. •
Up to about 20 km temp. remains constant then increase with increase in
height. • Ozone layer is in this layer. B.P.P. Kalamb-Walchandnagar
Prof. Kokare A.Y.
7. 7. Mesosphere:  It is layer above stratosphere and extends up to 80 km.
 Temperature decreases slowly with altitude but then sharply to about -
75oC. B.P.P. Kalamb-Walchandnagar Prof. Kokare A.Y.
8. 8. Thermosphere: • Temperature increases rapidly with increase in
height. • Heating of this layer is due to absorption of the solar energy. •
Within the thermosphere there is a layer of charged particles known as
ionosphere. B.P.P. Kalamb-Walchandnagar Prof. Kokare A.Y.
9. 9. Exosphere: • It exist above the ionosphere and extend up to 2000 km
above the earth. • This layer is almost airless and empty. • Contains
hydrogen gas in ionized state. • Very high temperature (≥ 12000C)
10. 10. • About 70% of earth is covered by water. • Water is available in
seas, oceans, lakes, river, glaciers etc. • 97% is in the oceans and seas,
2% in glaciers & ice caps, 1% is fresh water available for human
consumption.
11. 11. supported by the  Outer soil crust of the earth is lithosphere 
Living organisms, plant vegetation are lithosphere.  It contains
resources like minerals, organic and inorganic matter, some extent air
and water.  Role of lithosphere: of organic -Produces food for human
beings and animals. -Soil is the site of decomposition wastes.
12. 12.  Thin outer crust of the earth which includes all the living
organisms and their environment.  It extends from the lowest sea bed
 level to about 24 km of the atmosphere.  Life supporting resources are
available from the biosphere.  It is that part of earth where
living(biotic) organism exist and interact with each other and also with
non-living (abiotic) components.
13. 13.  The living organisms interacting with each other in biosphere and
sustain their life.  The waste products in gaseous, liquid and solid form
are discharged in biosphere.  The sustaining and assimilative capacity
of the biosphere is tremendous but not infinite.  The system is in
operation for millions of years but now showing stress due to impact of
human on environment.
14. 14. Interaction between different components of environment
15. 15. Man and Environment relationship  Man is the only living
organism capable of modifying environment according to the need. 
Man has started hunting animals and cutting trees for his basic needs. 
To increase his comforts he started distributing each and every
components of environment.  Large scale deforestation, increasing in
quantity of CO2 due to burning of forest, grass, crop waste are example
of early cause of pollution.
16. 16. Positive Impact Negative Impact  Direct Impact &
IndirectImpact  Positive Impact  Waste treatment plants to reduce the
pollution.  Electricity generation options  Uses of bio-fuels
17. 17.  Water treatment plants help us to reuse of dirty water.  Wind
turbines help to reduce the needs for coal, electric and other natural
resources.  To improve life style & safety of human life, as well as
improve the environment of this planet for the future.  The science of
sewage treatment is probably the greatest environmental achievement of
mankind
18. 18. Impact of Technology on Environment (Cont…)  Negative Impacts:
Negative effects are further divided into direct and indirect effects. 
Direct effect: Accidents in various industries Nuclear pollution 
Indirect effect Uses of fossil fuels causes air pollution Green house
effects Acid rain Global warming
19. 19.  a) Direct Effect:  It includes accidents , release of pollutants
affecting human health, exhaustion of resources and changes in
landscapes.  b) Indirect Effects:  These effects interfere with the vital
services supplied to humanity by natural ecological systems.
20. 20. Environmental Degradation  Definition: The overall lowering of
environmental qualities due to the damages caused by both natural
events and human activities in the basic structure of the environment at
local, regional and global levels adversely affecting all living organisms
including man.
21. 21. Cont…..  Environmental degradation arise due to….. 
Consumption of natural resources by over populationof developing
countries.  Wasteful over consumption of resources by developed
countries.
22. 22.  … is an interdisciplinary and multidisciplinary field, drawing on
many diverse disciplines.
23. 23. Multidisciplinary nature of the Environment studies 
“Environmental studies” is the scientific study of our environment and
our place in it.  Definition: “Environmental studies” is the study of
environmental issues.  It has broader coverage than environmental
science and includes social aspects of environment also.  It deals with
include the science where necessary and also study of physical and
biological environment and also cultural and social factors and their
impact on environment.
24. 24. Scope of Environmental Studies Natural resources- their
conservation and management Ecology and biodiversity Environmental
pollution and control Social issues in relation to development and
environment Human population and environment
25. 25. Objectives of Environmental Education An AWARENESS of the
environment and its problems. Basic KNOWLEDGE and understanding
of the environment and its inter-relationship with man. Social VALUES
and ATTITUDES which are in harmony with environmental quality.
SKILLS to solve environmental problems. Sense of responsibility and
urgency towards environment so as to ensure appropriate ACTIONS to
solve environmental problems. Consider environment in its totality.
26. 26. Some of the activities handled by Environmental Engineer Waste
Management, Toxic Material Control, Water Supply, Storm Water
Management, Solid Waste Disposal, Land Management, Public Health
& safety, Radiation Protection, Industrial Hygiene, Air Quality Control
APPENDIX -G
About Our Earth
1. Estimate age: about 4600 million years 5. Dust-cloud Hypothesis

2. Area of the surface: 509,700,000 km2 Appendix – H [GODAWARI Marble case – final hearing]. Case: Godabari
Marble Case Final Hearing
3. Area of lithosphere: 148,400,000 km2
Supreme Court Full Bench
4. Area of hydrosphere; 361,300,000 km2
Hon’ble Justice Sushila Karki
5. Diameter along equator = 12, 756 km
Hon’ble Justice Govind Kumar Upadhayaya
6. Mass: 6x1021metric ton
Hon’ble Justice Jagdish Sharma Poudel
7. Relative Density: 5.7
068 – WO – 0082
8. Main gases: Nitrogen and oxygen
Case: Certiorari
9. Average surface temperature: 200c
On behalf of Pro Public and on his own behalf, Advocate Prakash Mani Sharma,
10.Main distance from the sun: 1 AU [ 1.5 X 108] a resident of Ward No. 14, Kuleshwar, Kathmandu Metropolis, Kathmandu
11. Earth has Diurnal motion on its own axis which copmpleted in 23 hrs. 56 District and Others -------- Petitioners
minutes, 4.09 seconds = almost 24 hours. Vs.
12. Earth has Annual motion in its orbit which is completed(one revolution) in Godavari Marble Industries Pvt. Ltd. and Others --- Respondents
365 days, 6 hrs, 9mins and 9.54 seconds.
The facts-in-brief and the order issued thereupon in regard to the present writ
13. All the aggregate of all existing things or the whole creation embracing all petition lodged pursuant to Article 107(2) of the Interim Constitution of Nepal,
celestial bodies (heavenly bodies) and all of the space is called the universe. 2007 under the extra-ordinary jurisdiction of this Court are as follows:
14. There TWO hypothesis about the origin of earth AND SOLAR SYSTEM; Facts-in-Brief of the Writ Petition
A. FORMATION OF THE SOLARSYSTEMQUICKLY AND VOILENTLY The petitioners had filed a writ petition in 2001 (Chaitra 20, 2058 B.S.) seeking
1. Old Planetesimal Hypothesis voidance of the decision of Nepal Government to grant permission to Godavari
Marble Industry Pvt. Ltd. for quarrying and operating the Marble Industry until
2. Nebular Hypothesis 2011 (2068 B.S.) in the Godavari area which is full of biological diversity as the
impugned decision and the accompanying activities were inconsistent with the
3. New Planetesimal Hypothesis
Constitution of the Kingdom of Nepal, 1990 and the prevalent Nepal law. That
4. Tidal Hypothesis writ petition resulted in a split decision on Baisakh 10, 2063 (2006) which is
currently sub judice before a Full Bench. Respondent Department of Mines and
B. FORMation of solar system slowly and moderately Geology, which had been framed as a respondent even in the earlier Writ Petition
No.3394 (005 Full Bench), made a decision extending the permission granted to
Godavari Marble Industry Pvt. Ltd. for conducting quarrying up to an additional
period of 10 years effective from the date of its expiration, even though the above
mentioned writ petition was still sub judice before the Full Bench. Hence, the
petitioners prayed for quashing the impugned decision of Poush 23, 2067 (2010)
as it was at once arbitrary, ‘mala fide’ and unlawful. 2 The petitioners further
contended that due to the topographical location of Phulchowki hillock, which
can be used as the highest hillock for sightseeing of Kathmandu valley, Godavari
area is considered to be very significant. 571 species of flowers, 300 species of
butterflies, 254 species of birds and 80 species of trees having beautiful leaves,
besides the water resources and religious and cultural heritage, are some of the
major significant things of Godavari area. But due to the continuing operation of
respondent Godavari Mable Industry ever since 1966 (2023 B.S.) in the heart of
Godavari area was causing virtual destruction of the environmental, biological,
religious and cultural existence of Godavari area. A study report called
‘Kathmandu Valley, Environment and Cultural Heritage: A Protective Inventory’
prepared jointly by Nepal Government, UNO and UNESCO had also proposed
for declaring Godavari area as a protected area. Even the report called
‘Conservation Project For Phulchowki Mountain, Nepal‘ prepared jointly by
Department of National Parks and Wildlife Conservation, which falls under
Ministry of Forest and Soil Conservation, and the International Council For Bird
Preservation, U.K. has also floated the proposal of declaring Godavari -
Phulchowki area as a protected area. Various national and international experts
have made their views and comments available to the petitioner Pro Public
regarding the urgency of protection and promotion of Godavari area. Not only
national and international experts working in the area of environment
conservation, several agencies of Nepal Government have also explained the
significance of GodavariPhulchowki area and pointed out the negative impacts
caused on the environment and the flora and fauna by the operation of Godavari
Marble Industry in that area. Nepal Government, Department of Forest, Nepal
Agriculture Research Council, Fisheries Research Division, Godavari and the
Royal Botanical Garden have pointed out the environmental significance and the
threat caused to the flora and fauna of this area. All this shows that the Godavari
are, which is full of biological diversity and is being used as a habitat of rare wild
life and vegetation, is an invaluable national heritage and its conservation
appears to be indispensable for the present as well the future generations.
Needless to say, therefore, the impugned decision extending for 10 years
Godavari Marble Industry’s time period for quarrying made by Department of
Mines and Geology was obviously arbitrary and unlawful. Thus the impugned
decision was inconsistent with the Constitution and the prevalent Nepal law and
the earlier order issued by the apex Court, and it was not only contrary to the
principle of rule of law rather it was also made with a ‘mala fide’ intention of
evading the legal provisions. On the one hand, the issue of whether or not
respondent Godavari Marble Industry should be closed down is under
consideration (sub judice) before the Court. On the other hand, the Industry has
been also closed down following the order of its closure since Ashwin 19, 2065
(2008). Thus as the impugned decision of extending the permission granted to
respondent 3 Godavari Marble Industry for an additional period of 10 years was
‘mala fide’, arbitrary and unlawful, the petitioners prayed for the issuance of the
following orders pursuant to Articles 32 and 107(2) of the Interim Constitution of
Nepal, 2007: (a) To quash by issuing an order of Certiorari the decision of
respondent Department of Mines and Geology made on Poush 23, 2067 (2010) to
extend the permission granted to respondent Godavari Marble Industry for an
additional period of 10 years. (b) To issue an order of mandamus in the name of
respondent Ministry of Industry and the Department of Mines and Geology to
declare immediately pursuant to Section 12(1) of the Mine and Mineral
Substances Act, 1985 the Godavari area as a prohibited area for mineral
activities. (c) To issue an order of mandamus in the name of respondents Nepal
Government, Office of Prime Minister and the Council of Ministers pursuant to
Section10(1) of the Environment Protection Act, 1997 to establish the Godavari
area as an Environmental Protection Area. (d) To issue an order of mandamus in
the name of Nepal Government to declare the forest of Godavari area as a
protected forest pursuant to Section 23 of the Forest Act, 1993. (e) To conduct a
study to ascertain the truth about the damages suffered by the families on account
of Godavari Marble Industry and to issue an order of mandamus in the name of
respondent Godavari Marble Industry pursuant to Section 21(3) of the Mine and
Mineral Substances Act, 1985 and in accordance with the ‘Polluter pays
principle’ to provide necessary compensation. (f) To issue necessary orders
including mandamus making respondent Godavari Marble Industry accountable
as per Section 11a(2) for paying necessary amount required for restoring
Godavari area to its earlier condition prior to the operation of the mines. (g) To
issue a necessary order in the name of the respondents to provide reasonable
amount to the lawyers involved in bringing and advocating the PIL petition before
the Supreme Court for protection of the Godavari area. (h) To enclose the case
file of Writ No. 3394 of 2001 with the present Writ Petition No. 005 of 2008 being
considered by a Full Bench. (i) To also issue an Interim order pursuant to Rule
41(1) of the Supreme Court Rules, 1991 restraining the operation of the impugned
decision extending the lease period of operating respondent Godavari Marble
Industry and the other activities related thereto until the final disposal of the
present writ petition. 4 Preliminary Order Issued by the Apex Court The apex
Court issued an order asking the respondents to submit their written replies
within 15 days of receiving the order explaining why an order as prayed for by
the petitioners ought not to be issued, and also to produce the case file for further
hearing after submission of the written replies or expiration of the time limit for
producing such written replies. Also, the apex Court issued an order on Shravan
19, 2068 (2011) to summon the respondents to be present before the Bench on
Bhadra 1, 2068 (2011) for hearing their arguments about whether or not the
Interim order should be issued as sought by the petitioners. Summary of the
Written Replies Submitting its written reply, the Ministry of Industry contended
that the time period of Godavari Marble had been extended in accordance with
the due process of law. As the law provided for extending the time period of the
big Mines at once for 10 years, the lease period of Godavari Marble Industry was
lawfully extended up to 2021 (Ashadh 26, 2078). The Marble Industry operating
in Godavari area since more than five decades has been allowed to continue its
operation under strict supervision. As the Marble Industry has been able to obtain
ISO 14001 on the basis of preparation and implementation of Environment
Management Plan(Plant and Mining), and the Marble Industry has prepared an
Environment Review Report, 2006 as instructed by a departmental directive and
has been conducting some activities relating to minimizing environmental
impacts, the Ministry of Industry refuted the petitioners’ alleged contention of the
Marble Industry causing adverse impacts on the environment, and, therefore, it
prayed for rejection of the writ petition. The Office of Prime Minister and the
Council of Ministers contended in its written reply that the petitioners had failed
to point out any type of involvement of that office in the alleged matter. The
various Ministries, Departments, Offices and bodies were independent and
competent to conduct different activities falling under their respective
jurisdictions following the process and procedure prescribed by the law. If an
order was issued as prayed for by the petitioners, obstacles were bound to emerge
in the exercise of the powers granted by law to the bodies or agencies established
for the purpose of conducting the activities relating to environment and Mines or
it may even result in restriction or prohibition on such activities. As a result, this
may raise a question against the establishment or creation of such bodies or
agencies. Therefore, as there was no substance in the writ petition, it deserved to
be rejected. 5 In the written reply submitted on behalf of the Ministry of
Environment, it was contended that the writ petition seeking invalidation of
extension of the lease of Godavari Marble Industry for an additional period of 10
years granted through a decision of Department of Mines and Geology was in no
way related to any act of that Ministry. So the Ministry had been framed as a
respondent without any rhyme or reason. So far the issue of environment impact
assessment of Godavari Marble Industry was concerned, no proposal had been
presented so far in that regard in the Ministry. So as there was not at all an issue
of whether or not to assess the environmental impacts, the Ministry prayed for the
rejection of the writ petition. The Department of Mines and Geology contended in
its written reply that the Department had taken the environmental aspect very
seriously in regard to the operation and monitoring of Godavari Marble Industry,
and had been issuing from time to time necessary instructions to the Industry
Manager. In course of complying with those instructions, the Industry had
contributed to forest development by resorting to plantation and substantially
reduced the use of explosives in the Mines. Those measures undertaken by
Godavari Marble Industry in regard to environmental impacts reduction were in
a way exemplary for mineral Industries. As there was valid justification and need
of that Industry and because its lease had been extended in a lawful manner, the
writ petition should be rejected. In its written reply, Ministry of Forest and Soil-
Conservation submitted that it was requested through a Secretary level decision
of Chatra 22, 2067 (2010), received from Ministry of Industr, to take necessary
action to reopen and operate Godavari Marble Industry. A decision was made by
Nepal Government, Ministry of Forest and SoilConservatio, on Shravan 17, 2068
(2011) allowing Godavari Marble Industry to start immediately the act of
quarryin, of course, taking precaution for minimizing the impacts on environment
and biological diversity, and to include also District Forest Office in the act of
monitoring in accordance with the decision of Natural Means and Resources
Committee of the Legislature Parliament made on Shravan 14, 2068 (2011). As
the Ministry of Forest and Soil Conservation had made the decision as per the
instruction of the Natural Means and Resources Committee of the Legislature
Parliament and forwarded that decision for further implementation, and because
the Industry shall be monitored by that Ministry as well as the subordinate bodies
as per the instruction of the said Committee, the writ petition should be rejected.
The Forest Department contended in its written reply that development and
destruction were interdependent issues. The course of development sometimes
may cause some degree of destruction as well. However, destruction may be 6
stopped or prevented by resorting to proper management. Instead of closing down
the Industry, it shall be better to pay attention to making proper management.
Therefore, the petition should be rejected. Submitting the written reply on behalf
of respondent Godavari Marble Industry, it was contended that permission had
been granted to operate the Mines in 116 hectare of area out of 12000 hectares of
Phulchowki area, and as the Mineshad been operating since last 80 years only in
6 hectares of that area, there was no possibility of causing adverse impacts on
biological diversity. Displaying sensitivity to the environment, the Industry has
acquired international standard insignia ISO 14001 and it had got the
environment audited from time to time. Besides, the Industry had been also
adopting all types of measures for minimizing the impacts caused to the
environment on account of operation of the Industry. Moreover, the Study Report
(2068, Shravan) prepared by the Natural Means and Resources Committee of the
Legislature Parliament and the Study Report (2065, Poush) prepared by
Department of Mines and Geology had described that the Industry had been
operating within the purview of the prevalent law and it had not caused any
adverse impacts on the forest, environment and biological diversity of the area.
So both the study Report had recommended for uninterrupted functioning of the
Industry. The Department of Mines and Geology had granted extension of the
lease for operating the Industry for an additional period of 10 years only after
having conduced thorough enquiries on Poush 23, 2067 (2010), and the decision
made by that Department in regard to a matter exercising its power delegated by
the law could not be voided until and unless it appeared otherwise. Therefore,
respondent Godavari Marble Industry called for rejection of the writ petition.
Submissions made by Learned Counsels Submissions made by the learned
Counsels appearing on behalf of the petitioners and the respondents are as
follows:- Counsels Appearing on Behalf of Petitioners Advocate Prakash Mani
Sharma Godavari area is highly significant from the viewpoint of environment
which is virtually like a living museum. It has got not only tourist and religious
significance rather it was also highly sensitive from the viewpoint of biological
diversity. This area is also famous for the presence of various rare species of
flower, butterflies and birds. In Surya Prasad Sharma vs. Godavari Marble
Industries and other, the apex Court had issued an instructive order with clear cut
guidelines in the name of the respondents in view of the sensitivity of the 7
Godavari area. In spite of the issuance of the Court order the lease of the Industry
was renewed. Not only that, despite the writ petition challenging the renewal
made in 1996 (2053 BS) being sub judice before the Court, the lease period of the
Industry was further renewed up to 2021 (2078 B.S.). Such an act displayed
insensitivity of the respondents towards environment. Such an extension granted
to the Industry despite the earlier petition being sub judice also appeared mala
fide. It is clear from the, correspondence made by various organizations like
Department of Forest, the National Park and the Department of Wild Animals
that biological diversity is being destroyed and there is a need of closing down the
Industry. Some foreign experts have also expressed their worries and concern for
protection of this area. Marble may be brought from other places as well but if
the environment is destroyed it cannot be brought back. The research and studies
made by the national and international sectors have pointed out that Godavari
Marble Industry has caused damage to the biological diversity of that area, and
so recommendations have been made for closing it down. Besides, the Industry
has been always presented as running into loss, and it has paid negligible income
tax to the State. And indulgence in the transaction of stones and concrete in the
name of marble has further contributed negative impacts on the environment.
Therefore, the learned Advocate pleaded for issuance of the order as prayed for
by the petitioners. Senior Advocate Dr. Surya Prasad Sharma Dhungel Although
a developing country like Nepal also needs development, an act like destruction of
the natural heritage full of biological diversity should not get precedence in the
name of development. Environmental protection and development are
complementary to each other and, therefore, a program supporting each other
ought to be conducted. The more adverse impacts caused on the environment of
Godavari area and bringing about development through the operation of
Godavari Marble Industry must be taken into consideration. The damage caused
by the Industry to the environment so far cannot be compensated in any way.
Therefore, the closure of the Industry shall not create any obligation on the State
to give any kind of damage rather it is the Industry which should be made liable
for providing damage. Advocate Din Mani Pokharel The Ministry of Forest has
already decided that the respondent Godavari Marble Industry has caused
pollution to the environment of Godavari area. In such a situation the decision
made by the Department of Mines stating that the Industry does not cause any
impact on the environment is simply baseless. So as there is no alternative to the
closure of the Industry so as to stop immediately any further destruction of the
environment, the writ petition must be issued. 8 Advocate Kabita Pandey The
biological diversity of Godavari area is incomparable not only for Nepal rather
also for the world, and it needs to be protected. The Supreme Court of Nepal has
displayed a significant role in regard to environment protection ever since its
establishment. Even in the present dispute, the apex Court must display judicial
activism and protect the environment of Godavari area. Submission Made on
Behalf of Respondent Nepal Government Joint Attorney Kiran Poudel The issue
of where to allow operation of an Industry and where to prevent it from such
operation is a matter related to the policy and discretionary power of the
Executive. Hence, the Court should not interfere in such a matter. Godavari
Marble Industry is situated within the lease area of 116 hectare land of which
only 5 hectare is being used for mining purpose. 5 hectare of land being a very
small area, the activities conducted inside this small area cannot be supposed to
cause any adverse impact on the environment of Godavari. The Government is
also not at all in favor of environmental pollution. The regulatory authorities
including the Department of Mines have been regularly monitoring the activities
of the Industry to ensure that it is not causing any adverse impacts on the
environment. In case there is any problem, it may be on the management side of
the Industry. The demand for proper management of such a problem may be
valid. But the call for closing down the Industry instead cannot be held as
reasonable. Besides, no research report has clearly stated that the Industry
should be closed down. The act of renewal after expiration of the permit being a
normal process, it is not proper to say that the lease period was renewed in spite
of the case being sub judice. The demand for imposing immediate prohibition on
quarrying of minerals as per Section 12(1) of the Mine and Mineral Substances
Act, 1985 is not valid because all pre conditions imposed by the Department of
Mines have been fulfilled by the Industry and, therefore, the above mentioned
Section 12(1) cannot be invoked in this case. The petitioners have also called for
declaring Godavari as a protected area in accordance with Section 10 of the
Environment Protection Act, 1997. However, because only Nepal Government
had got the authority to decide whether or not such a situation exists, the Court
cannot issue such an order. Moreover, the extent of damage caused by the
Industry to the environment and the amount of comp, 1985 cannot be ascertained
through this PIL. On the whole, the claims made in the petition are not based on
facts, and also because Nepal Government has been regularly monitoring the
Industry and giving necessary instructions, the writ petition should be rejected. 9
Submissions made On Behalf of Respondent Godavari Marble Industry Advocate
Balkrishna Dhakal Originally established during the Rana regime, the Godavari
Marble Industry has been under the ownership of Mr. Chiranjivi Agrawal since
1976 (2033 B.S.). Although being operated in accordance with the prevalent law,
the directives of the Government and prescribed norms and criteria, the Industry
has been repeatedly dragged into the Court one after another since last 33 years.
Advocate Surya Prasad Sharma Dhungel had filed the first PIL against the
Industry in 1989 (2046 BS). Prior to the enforcement of the Mine and Mineral
substance Act, 1985 in 1999, the Marble Industry had moved an application in
1995 seeking renewal of the lease for 20 years. As directed by the Department of
Mines, the Industry had submitted a comprehensive proposal including details
about the activities and the dust control mechanism to be adopted by the Industry
in regard to environment planning and management. It was only when the
Department of Mines became satisfied after going through the study report and
the proposal submitted on behalf of the Industry that the lease was renewed for a
further period of 10 years. Subsequently, as the term of the lease was likely to
expire in 2011(2068 BS), the Industry applied on time, and after completion of all
the due procedures the lease has been already renewed up to 2021(2078 BS). It is
not at all reasonable to say that renewal of the lease period should have been
stayed only because the writ petition was sub judice before the court. Prior to the
permission granted to the Industry, Godavari was simply a bare hill. After the
Mines came into operation, nearly one hundred thousand saplings were planted
which helped to promote vegetation and greenery on the hill. The Industry has
obtained ISO 1400 certificate on its own initiative. There has been no resistance
of the Industry at the local level. Rather various community level Committees
have expressed appreciation for the Industry. The Industry has introduced
Environmental Management System on its own and has also followed the ISO
standard. At present both the Department of Mines and the Department of Forest
have been conducting regular monitoring of the Industry. In case the Industry is
found to be operating in contravention of the law, the concerned department and
the authority shall automatically issue necessary directives to the Industry.
Besides, the Industry has also paid substantial amount of income tax to the State.
In addition to that, it has also provided employments to hundreds of people. The
Industry has not caused any destruction to the environment as alleged by the
petitioners. Today there is a need of making a balanced interpretation of
economic development, social development and environmental protection. As the
Industry has been making 10 significant contributions to all these areas and also
beacuse it has done nothing to cause damage to the environment, the writ petition
should be rejected. Advocate Motikala Subba Dewan It is not enough only to raise
a demand for declaring some area as a protected area. It is equally necessary to
show how many and what type of birds and flowers have decreased in number. A
look at the modern international practices shows that in case of substantial
contributions made to the national income, tolerance has been displayed even in
the event of some damage caused to the environment. Also, since the petitioners
are not local residents, they have got no locus standi to raise this issue. Advocate
Narendra Pathak Even in the earlier judgment in a PIL petition relating to
Godavari Marble Industry, the apex Court did not issue an order to close down
the Industry. Only in case a responsible authority finds out violations of
prescribed norms or standards, it can order for the closure of the Industry. So as
it is not feasible for the apex Court to enquire into or examine such matters, it
cannot be possible for the Court to issue such an order for closure of the Industry.
The Mine and Mineral Substances Act, 1985 has also provided for some remedial
measures to prevent environmental destruction. But without the emergence of any
such eventuality, the petitioners have moved the Court simply on the basis of
presumption and imagination. Hence, the writ petition should be quashed. Senior
Advocate Shambhu Thapa An Industry established in accordance with the law
and functioning lawfully after obtaining permission from a responsible authority
cannot be closed down simply by moving a PIL petition. If the Industry has
allegedly not complied with law or violated the prescribed norms, the remedy
should be sought only by resorting to a legal recourse. The Industry has been
granted permission to operate in accordance with the directive of the Natural
Means and Resources Committee of the Parliament. Because the petitioners have
not challenged the legality of that directive, the writ petition should be rejected.
Advocate Raman Kumar Shrestha One must seek any remedy only in accordance
with the prevalent law. Whether or not to close down a Mine is not an issue to be
decided by the Court. It is rather a subject matter to be decided by the
Department of Mines. Hence, the writ petition should be rejected. Senior
Advocate Sushil Kumar Pant The study Reports submitted on behalf of the State
seem to have arrived at the conclusion that the respondent Industry has not
caused any adverse impacts on the environment of 11 Godavari area whereas the
Reports prepared by the private sector have mentioned about the damage caused
to the environment. However, nothing has been mentioned about what was the
source of wisdom of those private reports. As the Industry has not caused any
environmental destruction, the writ petition should be rejected. Senior Advocate
Born Bahadur Karki It is not suffice on the part of the petitioners only to say that
the environment of Godavari has been adversely affected. The documents
produced by the petitioners regarding pollution have been produced in a personal
capacity. Only a study made at the government level should be treated as
evidence pursuant to Section 6 of the Evidence Act, 1974. The Parliamentary Sub-
Committee has issued a directive to allow the operation of the Industry which has
not been voided so far. Therefore, the writ petition should be rejected. Advocate
Sharda Prasad Koirala The petitioners have not made an objective claim as to
what type of unlawful activity had been conducted by the Industry. The issue
raised in the petition is not based on any research. It is not proper to draw a
conclusion about a technical issue like the alleged pollution caused by the
Industry simply on the basis of presumption and mere arguments. No doubt, that
there should be a balance between environment and development may fall under
the purview of public interest. However, it cannot be just and reasonable to call
for outright closure of the Industry. Therefore, the writ petition should be
rejected. Submission made On Behalf of an Interested Party allowed to be
included in the Writ Proceedings Advocate Tank Dulal t is the local people who
may be affected by the Industry. Even in 1996, an agreement had been reached
between the local residents and the Industry to let the Industry operate and to take
measures for minimizing the impacts caused by the Industry. A letter delivered by
a legally constituted Consumers Association has stated that the presence of
Godavari Marble Industry in that area has rather contributed to the protection of
the forest. Moreover, 500 people of that area have also got employments. The
respondent Industry is, in fact, not a polluting Industry. Order After listening to
the logical arguments of the learned Counsels appearing on behalf of the
petitioners and the respondents, and after going through the pleading notes
submitted by them as well as the writ petition and the written replies, besides the
relevant constitutional and legal provisions, the present writ petition needs to be
decided focusing basically on the following issues: 12 1. How and in which way
the international standards maintaining balance between the concept of
environmental justice and environment and development activities are evolving?
2. What kind of jurisprudential norms have been developed by this Court in
respect of environmental justice? 3. What is the significance of Phoolchowki-
Godavari area from biological diversity and environmental viewpoint as well as
from religious and cultural viewpoint? Also, whether or not the operation of
Godavari MarbIe Industries has caused any adverse impacts on biological
diversity and ecological balance of that area? 4. Whether or not the activities
including quarrying conducted by Godavari Marble Industries in Godavari area
are compatible with the constitutional provisions and the Nepal law in regard to
environmental protection? 5. Whether or not the order as prayed for by the
petitioners should be issued? Or what other type of orders shall be appropriate
for issuing in this regard? The petitioners had lodged a writ petition on Chaitra
20, 2058 (2001) seeking invalidation of the decision of Nepal Government and the
activities related thereto granting permission to Godavari Marble Industries for
carrying out quarrying until 2011 in Godavari area, which is rich in biological
diversity, as the impugned decision was inconsistent with the Constitution of
Kingdom of Nepal, 1990 and the prevalent Nepal law. That writ petition was
disposed on Baisakh, 2065 (2008) resulting in split opinions, and was still sub
judice before a Full Bench. Department of Mines and Geology, one of the
respondents in the aforesaid writ petition No. 3394 (Full Bench 005), decided on
Poush 23, 2067 (2010), during pendency of that writ petition, to extend the period
of quarrying granted to Godavari Marble Industries Pvt. Ltd. for an additional
period of ten years effective from the date of its expiration and so the impugned
decision was arbitrary, mala fide and unlawful. Hence, the petitioners prayed for
quashing it and declaring the Godavari area as a protected area in accordance
with the Environment Protection Act, 1997. The respondents have contended in
their written replies that the Industry should not be expected to halt its activities
only because the case was sub judice before the Court. The Department of Mines
had extended the lease period up to 2021 (2078 B.S.) after enquiring into all the
aspects. The Industry has not done any activity causing environmental pollution
of Godavari area; it could obtain ISO Certificate only because it had made all
necessary arrangements required for environmental protection; it had assisted
the local people by providing employments and had paid significant amount of tax
to the State; and it had controlled the flight of foreign currency by replacing the
import of marble to a limited extent as its permit had been renewed as per the law
13 on account of its compliance with the requirements pointed out by the
regulatory authority following inspection conducted from time to time. Therefore,
the respondents pleaded for not issuing the order as prayed for by the petitioners.
Air, water, light, and heat and the flora and fauna which are integrally dependent
constitute, in totality, the Nature. The actions and reactions caused by the
presence or existence of all those elements existing in the Nature may be
described as environment. These five elements are also known as “Panchtatva” in
the Eastern Philosophy and the issue of retaining the natural form of those
elements or components preventing the decay of their quality seems to be related
to environmental protection. According to the United States Environmental
Protection Agency (EPA), “Environmental justice is the fair treatment and
meaningful involvement of all people regardless of race, color, national origin or
income with respect to the development, implementation and enforcement of
environmental laws, regulations and policies.” It has been mentioned in Section 2
clause (a) of the Environment Protection Act, 1997 that “environment” means the
natural, cultural and social systems, economic and human activities and their
components as well as the interaction and inter-relation among those
components. This definition of environment seems to be comprehensive and in
accord with the international approach. Actually speaking, it shall be erroneous
or incomplete to view only the natural components as environment. In fact,
environment in totality is built up by cultural and social systems, the components
born of economic and human activities and their intermingling and the relation
among such components. The social needs and economic affluence of the people
are dependent on the Nature. The human activities are conducted for the
fulfillment of those needs. On the other hand the Nature has got its own rule of
operation. The Sun rising in the East and setting in the West is a natural rule. The
changes in the seasons occur due to natural reasons. The events like birth and
death are also related to Nature. Therefore, there is no disputing the fact that the
entire environment is built up on the inter-relation and interaction among the
natural components and human activities. Similarly, in clause (b) of the same
Section the term ‘pollution” has been also defined. According to it, pollution
means only the activities causing considerable deterioration in the environment
through direct or indirect changes in the environment and causing harm or
damage to beneficial or useful propose. The aforesaid definition of pollution is
comprehensible. In fact, any activity intended to bring about any type of direct or
indirect change causing harm or damage to the environment should be
understood as environmental pollution. Because animals, plants and entire life
cycle are interdependent on the Nature, their existence is also connected with the
existence of the Nature. Human beings are natural creatures, 14 and so their life
is also directly dependent on the Nature similar to that of other animals and the
flora and fauna. If we remember the initial stage of human development, no
difference can be found between the State of human beings and other animals or
the flora and fauna. It was not simply a fictitious story that human beings also
used to live in the lap of Nature being integrated with other animal in the natural
form. The primitive condition of a human community still today living a nomadic
life in the forests of some countries of the world including Nepal directly testifies
to this reality. The modern human community has changed its identity along with
the course of evolution of time. Human beings claim to stand on superior footing
in comparison to other animals in the Universe due to their sense of awareness
and application of rationality. However, as this respect for superiority has not
been given by other independent animals, and it is simply a self declaration of
human beings themselves, its final decision shall be made in the future by the
Nature itself. There is no disputing the fact that human beings can be able to
stand on a different footing in comparison to other animals. Man has been
successful to develop different structures, techniques and methods by making
multi lateral use of the Nature. Men created dimensions of development have
made human life easier and more comfortable. On the basis of this very
development oriented change accomplished by men, man has not only been able
to keep other animals in his control rather he seems to be also trying to assert his
control over the whole Nature. Not only the soil and stones and the forest lying on
the exterior part of the Earth, other minerals including oil, gas etc. lying inside
the Earth have been excessively exploited. Things like operating transportation by
building tunnels under the ground or blocking or changing the flow of river for
electrification or irrigation have now become ordinary things. Quarrying has
been conducted not only under the ground but also reaching even the bottom of
the Sea. Also, the chances of accidents in Sky have increased due to man created
development. That with every stage of development the human community is
moving towards modernization is a truth. However, on account of the extent of
environmental pollution caused by the adverse impacts of uncontrolled
exploitation of Nature, not only the human community rather the entire flora and
fauna have reached a terrifying level of destruction. On the basis of analysis of
the severity and average analysis of the adverse impacts visible in the
environment along with the developments and constructions following the Second
World War, the Scientists are making public the surveys about the existence of the
Earth being exposed to risk in the near future. Not only that, scientific studies are
underway regarding the possibility of transferring the human habitation in the
space or on other planets. 15 The belief that the Nature’s limit of tolerance is
likely to exceed the limits is closer to truth. Big atomic furnaces and chemical
plants have been set up because a situation has arisen where the natural means
and resources have proved deficient in sustaining the increasing population,
increasing consumption and development of solar energy. From time to time,
several men and women and animals have lost their lives as a result of explosions
or leakage in such furnaces or plants, whereas there is no record at all of the
immediate and long term impacts on the environment. The marine life system is
experiencing serious impacts in the event of leakage of oil and chemical
substances in the sea. As the degree of acid increases in the soil due to excessive
use of biological insecticides and chemical substances, the agricultural products
have become dependent not on the Nature rather on the insecticides and chemical
substances. The traditional seeds of cereal crops are gradually being replaced by
the genetically modified (GOM) seeds. So terrible are the impacts on the
environment caused by chemical weapons and noise pollution, poisonous smoke
and noise pollution emitting from industrial plants and vehicular means of
transportation. The degree of harmful green house gas is ever increasing due to
those manmade activities and excessive exploitation of natural resources. On
account of the impacts caused by climatic changes the whole earth and air have
become heated more than two degree Celsius. Due to yearly increasing
temperature, the life of some densely populated cities is becoming affected.
Likewise, due to gradual melting, there has emerged increasing danger of white
Himalayan ranges getting converted into black and ugly Mountains. On account
of early increase in the sea lever there appears probability of even habitation
being exposed to risks. Ever increasing are the effects caused by untimely floods,
landslides and desertification resulting from drought, excessive rain or lack of
rain. The sources of water are getting dried up whereas the available sources of
water are becoming unusable having become polluted. The existence of marsh
area has been exposed to risk, and air pollution and noise pollution have
transgressed the limit of natural tolerance. Some incurable diseases never seen
before among the people are becoming visible due to use of chemical substances
and insecticides. Not only this, due to ever increasing shrinkage in the size of
forests the animals and the flora and fauna have virtually reached the stage of
extinction. The wild animals like rhinoceros, elephants, tigers, bears, marine
animals and creatures like whale and dolphin, rare birds and butterflies, snakes,
frogs and insects may become such commodities which could be seen only in
museums in the days to come. Not only that, Scientists and environmentalists seem
to be seriously worried at the realization of the fact that the coming generations
may be deprived of viewing the white Himalayas and the blue Seas and the air. In
short, today due to the destructions caused to the cleanliness of the Nature
including water, Earth and air, the eco-system has become disturbed. 16 The
Nature and its environment are regulated by the rule of the Nature. Any activities
done against those rules which are also known as the eco-system may cause
disturbance to the balance of the Nature. Even through animals and the flora and
fauna follow this rule of the Nature knowingly or unknowingly, human beings are
trying to transgress its limits. Modern men who boast of having reached the
pinnacle of development are becoming dependent on machines. The food and
living habits, daily routine and certain activities seem to be unpalatable to the
society and thus contrary to the natural rules. In the name of ultra modernism
such unnatural and polluted methods are being imported at a swift speed towards
an undeveloped and backward society. Analyzed from another angle, along with
the course of development of human civilization the human interest and concerns
towards the Nature and environment are getting reflected in a greater or lesser
degree. It is believed that the Eastern philosophy is born or has evolved out of the
natural rules. It is especially a significant aspect of the Eastern philosophy to
worship the Nature treating it as a form of God. Water, earth, air, and light are,
in fact, worshipped in the Eastern civilization. Not only that, some animals and
plants are still worshipped respectfully being treated as the incarnation or form of
God. The significance of Nature has been described in the Vedas and the
Scriptures, and it has been also pointed out to protect (worship) them. The
expressions like “Peace with the Earth, Peace with the Plants” are indicative of
this fact. Other philosophies and Sects also do not seem to have ignored the
Nature. In one way or the other all philosophies, religions and sects are found to
have accorded importance to the Nature and to its protection. Thus, there is no
disputing the fact that the campaign for environmental protection started together
with the course of development of human civilization. However, one should not
forget that its degree has existed in accordance with society’s relative thought or
its level of consciousness. Following the establishment of the United Nations on
the modern global stage, this campaign started getting a tangible form. Especially
due to the greater leaps of the Western world in industrial revolution or
development in the eighteenth century, this seems to have also caused negative
impacts on the environment. On account of environmental imbalance and impacts
coupled with competitive race in development are being focused on by the
Scientists in their research and enquiry which has resulted in official and
scientific outlooks becoming public in this regard. As world peace being the main
objective behind establishment of the United Nations, its initial days were focused
in this direction. UNO has gradually raised the issue of human rights and
environment as its main agenda. This world organization seems to have tried to
address the environmental agenda effectively for the first time expressing concern
for the deteriorating 17 environment through the UN Conference on human
environment held in Stockholm of Sweden in 1972. In the meantime, UNO
constituted the World Commission on Environment and Development (WCED)
and focused its attention on the issue of environment and development. As ex-
Prime Minister of Norway Gro Harlem Brundtland, who had Science and Public
Health background, was designated as the Chairperson of that Committee, it is
also called Brundtland Commission. This Committee had submitted in 1987 a
report called “Our Common Future” which coined and defined the term
‘sustainable development’. This report explains environment and development –
the subjects which could not be clarified by Stockholm Conference of 1972 as:
“the ‘environment’ is where we live; and ‘development’ is what we all do in
attempting to improve our lot within that abode. The two are
inseparable.”Similarly, intergenerational equity has been placed at the center
point in the definition of sustainable development made by the Brundtland
Commission. It has mentioned in the report that the essence of sustainable
development is constituted by the requirements that economic development should
be able to fulfill the needs of the poor and the affected group of people must have
direct participation or ownership in the process, even though economic
development is expected for fulfilling social requirements. That report seeks to
arrive at the conclusion that development cannot embrace environmental
protection if Human Development Indicator is not linked with poverty alleviation
gender equality and redistribution of means and sources. And it also seeks to
internalize human feelings and needs. The following things mentioned in the
report in regard to sustainable development are worthy of consideration:
“Sustainable development is development that meets the needs of the present
without compromising the ability of future generations to meet their own needs.”
It contains two key concepts: 1. The concept of ‘needs’ in particular the essential
needs of the world’s poor, to which overriding priority should be given; and 2.
The idea of limitations imposed by the State of technology and social organization
on the environment’s ability to meet present and future needs.” In essence,
economic development, environmental protection and social justice are the three
major dimensions of sustainable development. UNO has taken forward its
subsequent programs resorting to the foundation stone laid down by the report of
Brundtland Commission which is itself based on the focal point of environmental
protection. To further describe it in more clear words, also because the issues of
sustainable development and environment pointed out in the report have been
accorded a universal form through the official bodies of UNO and larger
Conferences of its 18 members, it has made significant contribution to and
occupies a significant place in the evolution of environment justice jurisprudence.
However, even today the benefits generated by the Nature could not be equitably
distributed among the people as pointed out by that report. The present level of
development as existing between two countries of the world can be hardly
compared to each other. Whereas some countries are exploiting excessively the
natural means and resources and are also causing harm to the environment in the
same proportion, many countries are still trapped in unemployment, poverty,
backwardness, gender discrimination and violence. It needs no study to
understand that the terrible problems like climate change, increase in the
temperature of the Earth etc. have emerged not due to the poor countries of Asia
and Africa rather due to the so-called developed and rich European and
American countries. 99 percent means and resources have become concentrated
in the hands of 1 percent people of the world whereas 99 percent of the people
have only 1 percent means and resources at their disposal. The effects and
impacts caused by the widening gap between the rich and the poor appear to be
causing in some way or other unnecessary pressure on the Nature. However, ‘Our
Common Future’, that is to say, the issues pointed out by Brundtlend
Commission, seems to have laid down the basis for organizing the World
Conference on Environment in Rio de-Janeiro in 1992. Agenda -21 had been
made public as the Rio Declaration in this conference which is also known as the
Earth Summit. That Declaration incorporates the strategies and operational
policy to be adopted at the global, national and local level in order to make the
age (life) of the Earth sustainable. Agenda 21 has also again expressed its
commitment in favor of economic development to be made without causing any
harm to environment. It has also stressed the need of the develop nations helping
the developing and underdeveloped countries to realize this matter. Similarly, the
discussion had been mainly focused on decreasing the production of biological
insecticides, petrol containing lead and gas, proper management of poisonous
chemical radiological dust and dirt, decreasing the effects caused by the use of
alternative energy on climate change, adopting measures for protecting air
pollution against the smoke emitting from the use of means of transportation and
the problems relating to the increasing use of water and its limited supply. The
agreement for making a Convention on climate change, which was subsequently
known as Kyoto Protocol, is a product of the agreement reached at this very
Conference. Likewise, the agreement to open the Convention on Biological
Diversity for signature was also another achievement of that Conference. On the
whole, this Conference had agreed to open for signature the Convention on
Biological Diversity, Framework 19 Convention on Climate Change and UN
Convention to Combat Desertification. Moreover, the Conference also adopted
Reo Declaration on Environment and Development, Agenda - 21 and the
Principles relating to Forest, which have laid emphasis on the need of
maintaining balance between environmental protection and sustainable
development, as a Declaration. Article 1 of the Convention on Biological
Diversity, 1992 describes protection of biological diversity, its sustainable use
and impartial and equitable distribution of its benefits as the main goals of the
Convention. Defining biological diversity, it has been mentioned in Article 2 of
this Convention, “Biological diversity” means the variability among living
organisms from all sources including, inter alia, terrestrial, marine and other
aquatic ecosystems and the ecological complexes of which they are part; this
includes diversity within species, between species and of ecosystems”. Similarly,
provisions have been made about policies in Article 3, jurisdiction in Article 4,
cooperation in Article 5 and methods or measures of protection and sustainable
use. Origin of the Nature and sustaining life on the Earth are the main objectives
of this Convention. The Convention recognizes that biological diversity is about
more than plants animals and micro organisms and their ecosystems- it is about
people and our need for food security, medicines, fresh air and water, shelter, and
a clean and healthy environment in which to live.” This Convention has laid
emphasis on all these things. Emphasis has been consistently placed on various
aspects of biological diversity in the series of Conferences held and Declarations
made under this Convention. Likewise, the Conference on Population and
Development, 1997, Millennium Development Goal 2000, Earth Summit, 2002
and the Conference on Sustainable Development, 2012 are also related to
environment and sustainable development. Nearly twenty years after the Rio
Conference, Rio-20, that is, Rio Earth Summit, 2012 was organized in the same
city of Brazil in 2012. Discussing the developments made and the problems
encountered during this period, the world community reaffirmed its commitment
to sustainable development and environment. In the later day, UNO has been
advancing its activities by constituting a Task Force in order to transform the
millennium development goal into sustainable development goal. In regard to
sustainable development goal, issues like hunger and poverty, health and
education, climate change and protection of sea and forest have been mainly
included in the preliminary Terms of Reference (TOR) Thus, it appears from the
above mentioned activities being undertaken at the initiative of UNO that the
modern world has shown main interest and concern regarding 20 environmental
protection. Moreover, the protection of environment and biological diversity has
been made obligatory for the member States through the international
Conventions and the concept of environment and sustainable development has
been simultaneously pushed forward though Conference, Declaration, goal
strategies and programs. In its capacity of a responsible member of UNO, Nepal
has been participating in the steps taken by UNO. Nepal has participated in all
the important Conferences on environment. Nepal has ratified and signed more
than fifteen international Conventions and Declarations relating to environment
including the biological diversity convention, 1992. According to Section 9 of the
Nepal Treaty Act, 1990, the international treaties and agreements shall be
applicable at par with Nepal law. The right to live in a clean environment has
been established as a fundamental right in the Interim Constitution of Nepal,
2007 whereas protection of biological diversity and environment has been
incorporated in the main policy of the State. The environmental Protection Act,
2053 and the Rules have provided significant legal basis in this direction. This
Court has also made judicial interpretations of environmental justice in
accordance with the jurisprudential norms. Right from the Sixth Plan, Nepal has
included sustainable development as its development agenda. Similarly, in regard
to various issues relating to environmental protection including biological
diversity protection, a national strategy and programs have been designed by the
concerned bodies of Nepal Government which are under implementation.
Sometimes environment and development are also treated as each other’s
competitors. Environment is closely related to the continuity of the existence of
world of creatures including the human beings. Retaining the existence of life is
not at all possible in a polluted environment. On the other hand, development
uplifts the standard of life of human beings and widens the basis of economic
development. As an answer to the 21st century has been possible only due to the
development of modern human civilization and progress, the thought of
completely stopping all development activities cannot be acceptable either. It is
due to development that today the world society has been classified into the
categories like rich and poor, developed and undeveloped, civilized and
uncivilized, modern and backward, powerful and weak etc. Whereas the progress
and influence of the developed countries could be possible only because of their
development, the countries which have been relegated to a state of backwardness
in regard to development opportunities are passing through a state of being
ignored and inferiority complex. 21 Therefore, also in order to make proportional
and reasonable distribution of the benefits of natural means and resources among
the world community, it is not proper to halt the pace of development in the
underdeveloped countries. In fact, it is indispensable to make the development
activities human rights friendly. In this context it may be effective to adopt the
measures ensuring equal participation, equitable distribution of benefits and
generational transfer of the means and resources by adopting the measures
causing the least possible harms to environment and exploiting the natural means
and resources only to a desirable extent. In short, it seems rational to determine
the development activities and their impact on environment in relation to the
benefits, and the degree of pollution caused by it. When the volume of adverse
impacts on environment caused by development becomes higher in comparison to
the benefits accruing from development, it creates a state of imbalance. Now the
second issue - What type of jurisprudential norms has been developed in respect
of environmental justice by this Court - needs to be considered and resolved. As
in regard to other issues, different interpretations and analyses have been made
by this Court also with respect to biological diversity and environmental
protection through PIL writs, and different types of orders and instructions have
been issued to Nepal Government and its concerned bodies. Significant orders
have been made by this Court regarding miscellaneous issues ranging from the
issue of adverse impact caused by respondent Godavari Marble Industries on the
whole environment of the area including biological diversity to other issues like
biological diversity, protection of marsh area, pollution of Bagmati river,
pollution caused by the means of vehicular transportation, brick kiln, paper
factory and long term impacts caused by insecticides. Some representative orders
made by this Court in this context have been mentioned below; 1. Advocate Surya
Prasad Dangol Vs. Marble Industries Pvt. Ltd. and Others (Writ No. 35/2049),
Date of Order: 2052/7/14, Full Bench (NKP 2052, Golden Anniversary Special
Issue, P. 169) The Government should pay appropriate attention to finding out a
suitable and practical alternative to explosions and take suitable steps. The report
shows that instead of marble quarrying, the tendency is more towards production
of concrete, and the greater number of explosions creates a situation causing
pollution of V, water and air. So if Marble production is given priority, it may
render considerable assistance to reduction of environmental destruction. Human
life is the end, and development is a means of leading a happy life. Man cannot
live in a clean and healthy manner without clean and healthy environment. Thus
22 environmental protection is an end and, taking this reality into consideration,
measures should be undertaken to protect environment from destruction. Effective
and satisfactory work has not been done regarding a sensitive matter like
environmental protection of Godavari area which is of human, national and
international significance. Also, taking this matter into consideration, as it looks
appropriate to issue instructions regarding matters like enforcing the Mine and
Mineral Substances Act, 1985, which is yet to be enforced, enactment of
necessary laws for the protection of air, water, sound and environment and
undertaking measure for effective protection of the environment of Godavari
area, an instructive orders is hereby issued in the name of the respondents. 2.
Advocate Prakash Mani Sharma Vs. Cabinet Secretariat and Others (Writ
No.2991/2052) Date of Order: 2054/2/27, Division Bench: Besides the matters
relating to religious, cultural and historical beliefs, the issues concerning
environment and environmental protection raised in the writ petition appear to be
necessary, sensitive, humane and of national or international significance. An
instructive order is hereby issued in the name of His Majesty’s Government,
Cabinet Secretariat to conduct monitoring of whether or not any action has been
taken by the concerned bodies in accordance with Nepal’s commitment expressed
in the Convention on the Protection of the world Cultural and Natural Heritage,
1972 and the rights guaranteed by Nepal law, and as there is a need of concrete
and effective steps to be taken by His Majesty’s Government to maintain
uniformity in all sectors by preparing a national policy regarding matters of
religious, cultural and historical significance, to take action accordingly. 3.
Advocate Prakash Mani Sharma Vs. Ministry of Youth, Sports and Culture (Writ
No. 3018/2053), Date of Order : 2056/2/31, Division Bench If permission is
granted to construct the road proposed for construction from Budhnagar to
Panchayanghat near Maternity Hospital, there is no disputing the fact that the
close interdependent relation existing between Bagmati river and monasteries,
temples, and ‘ghats’ (stepped platform beside a river) shall be finished, and it
shall also affect the existence of old ghats ( stepped platform beside a river),
‘bhakaris’ (thatched huts), monasteries, temples etc. and cast adverse impact on
the cultural norms and values of the Hindu Kingdom. Therefore, as the road has
been constructed in an unauthorized manner from Budhnagar to Panchayanghat,
which is so close to Maternity Hospital, and because an interim order has been
already issued by this Court to restrain the construction done in an unauthorized
manner and as the UN Park Construction Committee is also likely to construct
the road, as mentioned in Writ No 3017, an instructive order is hereby issued 23
in the name of local administration office and Kathmandu Metropolitan Office not
to construct, or cause to be constructed, the above mentioned unauthorized road.
4. Advocate Prakash Mani Sharma Vs. Nepal Drinking Water Corporation and
Others (Writ No. 2237/2047), Date of Order: 2057/3/26, Division Bench As the
petitioners have claimed that drinking water has not been regular and clean, and
as Drinking Water Corporation has put forward the plea that bacterial
examination has been conducted in accordance with the norms of World Health
Organization, there seems to be disagreement between both the parties resulting
in a dispute and because it is incompatible with the principle of writ to make a
decision after evaluating proof and evidence, the writ petition is quashed.
However, in view of the fact that Nepal Drinking Water Corporation cannot get
immunity from its vital responsibility towards the people, it should always remain
conscious and alert towards its functions, duties and obligations prescribed by the
Statute and should conduct necessary study, enquiry and research, and keep
trying for getting grants as much as possible for the purpose of supplying clean
adequate drinking water on regular basis. So Correspondence should be made,
specially drawing the attention of the Ministry of Housing and Physical Planning,
to issue appropriate instructions including whatsoever is deemed necessary to
caution the Drinking Water Corporation and its subordinate Drinking Water
Corporations about their obligations to distribute clean water as mentioned in the
Preamble of the Act. 5. Advocate Prakash Mani Sharma Vs. Prime Minister
Girija Pd. Koirala and Others (Writ No. 25/2058), Date of Order: 2058/6/11, Full
Bench The writ cannot be issued as prayed for because the joint Statement does
not look contrary to Nepal law. However, in the context of controlling pollution
caused by the means of vehicular transportation and the enforcement of Nepal
Vehicle Pollution Standard, 2056 internalizing the standards set by Euro-1 for
protection of the deteriorating environment, it shall be better not to be convinced
that only through certification of pollution standard given by vehicular means
production companies of their countries our objectives shall be fulfilled. Taking
into consideration the above mentioned fact, an instructive order is hereby issued
in the name of respondent Ministry of Population and Environment to make an
appropriate mechanism to ascertain whether or not the imported vehicular means
conform to the prescribed standards. 24 6. Advocate Thaneshwor Acharya Vs.
Bhrikuti Pulp and Paper Nepal Ltd. And Others (Writ No. 3089/2057), Date of
Order: 2058/8/9 There is no dispute that it is a major duty of the respondent
Industry to operate without causing any damage to environment. A look at the
fulfillment of human needs as well as the indispensability of development requires
that the Industry needs to be operated maintaining balance in the environment. In
view of the statement of the respondent Industry made in its written reply about its
sensitivity in regard to environment and water pollution and also its commitment
for not allowing such things to happen, it does not seem appropriate to issue the
writ to close down the Industry or to shift it somewhere else as sought by the
petitioner. Nevertheless, such a matter cannot be ignored rather it is necessary to
be sensitive and more active in this regard. So an instructive order is hereby
issued in the name of the respondent Bhrikuti Pulp and Paper Industries to set up
immediately a water treatment plant for discharging the water used in the
Industry as pure water and to use the dust collector effectively to prevent
mingling of dust of husk (chaff) in the smoke. 7. Advocate Bharatmani Gautam Vs.
Cabinet Secretariat and Others (writ No.3474/2056), Date of Order: 2059/2/,
Division Bench Treating the issue raised by the petitioners in the petition as an
environmental threat and taking into consideration the crisis likely to emerge in
the days ahead, even though the respondents appear to be doing necessary works
for sorting out the problem, it seems expedient to regulate the management of
Methane gas emitting from the landfill site at Gokarna. As it has not been clearly
printed out which respondent has got what kind of legal duty, a writ of mandamus
cannot be issued on the basis of a generalized allegation regarding failure to
comply with public duty as reflected by the documents enclosed in the case file.
However, from the written reply it appears that effective and satisfactory
preventive action has not been taken for prevention of Methane gas emitting from
the landfill site at Gokarna as mentioned in the petition. So as it appears that it
shall be appropriate to issue an instructive order in respect of taking action for
regulating Methane gas by making relevant law so as to maintain environmental
balance in consideration of the sensitivity of this matter, this instructive order is
hereby issued in the name of the respondents. 8. Advocate Prakash Mani Sharma
Vs. Cabinet Secretariat (Writ No. 3440/2053), Date of Order: 2059/11/27,
Division Bench Generally, nobody shall disagree with the view of the petitioner
that environmental pollution should be minimized. Particularly the smoke
emitting from different types of means of vehicular transportation plying on the
roads in Kathmandu is found to be causing 25 much negative effects on public
health. The reports enclosed in the case file submitted by the study group
constituted by concerned bodies of respondent His Majesty’s Government also
show that necessary action is being taken for the implementation of those reports.
In spite of that such pollution does not seen to be controlled or lessened.
Therefore, this instructive order is herby issued in the name of His Majesty’s
Government, Cabinet Secretariat to carry out necessary study to prevent pollution
of environment outside the valley and to enforce effective measures within two
years at the maximum for the protection of public health from the smoke emitting
from buses, minibuses, tractors, trucks etc. including small tempos and taxis
plying inside Kathmandu valley. 9. Advocate Prakash Mani Sharma vs. Office of
Prime Minister and the Council of Ministers (Writ No. 3413/2058), Date of
Order; 2016/4/12), Division Bench In spite of necessary provisions made by the
Constitution and the law to maintain a pollution free clean environment, it could
not be implemented and even though it has been contended in the written reply
that His Majesty’s Government is cautious about environmental protection, the
report submitted by the expert committee shows that respondent His Majesty’s
Government has not performed its duties in accordance with the law. As
mentioned in the report submitted by the above mentioned expert team constituted
as per the order of this Court, the respondent Industry has been found to have
operated by mixing the effluent released in the Aaurahi River contrary to the
standards. Therefore, an instructive order is hereby issued in the name of the
respondents to operate the Industry only after making arrangements for necessary
reforms as soon as possible not exceeding the standards mentioned in the
aforesaid gazette and to give time to make reforms including installation of
necessary equipments by the end of current fiscal year and to allow the operation
of the Industry only within the specified standards after inspecting or getting it
inspected by the above- mentioned expert committee or another expert committee
as required. 10. Bhimsen Thapa and Others vs. Cabinet Secretariat and Others
(Writ No. 3024/2056), Date of Order: 2060/10/6, Division Bench As it has been
mentioned in the written replies submitted by Commanderin- Chief of the Army
and No. 3 Brigade that, adopting strict provisions about security, firing activities
shall be conducted undertaking measures to prevent accidents not at heights but
at the plain surface, there does not exist any ground for stopping the activities
relating to firing range at present. How the Government wants to utilize any land
of any place depends on its policy and program, and so it is not proper to
describe any act ‘mala fide’ in a casual way. So as the activities of the 26
respondents cannot be described as unlawful and also because the petitioners
have failed to show a case of non-compliance with legal obligation, the
contention of the petitioners praying for the issuance of the writs including
certiorari and habeas corpus does not have any merit. However, the State is
obligated to protect the life and property of the public and to prevent any adverse
impact on environment and thus to secure everyone’s right to lead a peaceful life.
So an instructive order is hereby issued in the name of the respondents to take
into consideration the conclusions pointed out in the report and the
recommendations mentioned therein regarding the impacts likely to be caused by
the use of the above mentioned firing range, and to conduct the firing practice by
the Army after making immediate and long term arrangements for their
implementation. 11. Shatrugan Pd. Gupta vs. Everest Paper Mills Pvt. Ltd. and
Others (Writ No. 3480/2059), Date of Order: 2064/4/12, Division Bench As
mentioned in the report given by the expert committee constituted as per the order
of this Court, the respondent Industry seems to have polluted the Aurahi (Bagle)
River by operating the Industries mixing the effluents released in that river
contrary to the prescribed standards. Therefore, an instructive order is hereby
issued in the name of the respondents to operate the Industry only after making
arrangements for necessary reforms not violating the standards prescribed in the
gazette and granting time to the Industry up to the end of the current fiscal year
and causing inspection of the Industry by the above-mentioned expert committee
or by any other expert committee, if so needed, to allow the operation of the
Industry only within the prescribed standards. Besides, the following additional
orders have been also issued: a) To undertake inspection of the respondent
Industry including the pollution control machine installed by the Industry and to
send compulsorily one copy of the inspection report given by the expert committee
to this Court and another copy to Pro Public – 1. b) Failure to appoint
Environment Inspector till date should be taken seriously. So make arrangements
as soon as possible for the infrastructure as mentioned in the Act including the
appointment of Inspector, and implement and cause it to be implemented. 12.
Advocate Santosh Kumar Mahato Vs. Cabinet Secretariat and Others (Writ No.
3043), Date of Order: 2061/8/4, Division Bench 27 As there is a need of
conducting extensive and serious study and research regarding the impacts
caused on environment by the use of plastic bags and arriving at an appropriate
decision on the basis of the scientific conclusion so received, it seems expedient to
constitute a technical committee for this purpose. Hence, an order of mandamus
along with an instructive order is hereby issued in the name of His Majesty’s
Government, Ministers and the Ministry of Population and Environment to
constitute a technical committee comprising RONAST, a plastic expert and an
environmentalist, a Chemist of Tribhuvan University, His Majesty’s Government,
Ministry of Population and Environment, all Municipalities within Kathmandu
valley and a representative of Nepal Plastic Producers Association, and to give a
Term of Reference (TOR) to that committee to undertake study and research
about all the questions mentioned above except question No. 4 and to submit a
report along with its opinion within this very fiscal year and also to submit one
copy of that report in this Court. Moreover, the writ of mandamus is hereby
issued in the name of the respondent Municipalities to make a decision on the sale
and purchase of consumption of plastic bags in Kathmandu valley based on the
report given by the aforesaid technical committee and the concerned residents.
13. Advocate Prakash Mani Sharma Vs. Cabinet Secretariat (Writ No.
2898/2060) Date of Order: 2061/9/6, Division Bench It is the duty of His
Majesty’s Government to implement the provisions of the Act. If not implemented,
the provisions shall remain confined only to law. It seems obligatory to fulfill the
vacancy of Environment Inspector as per Section 8 of the Environment Protection
Act, 1997. An instructive order is hereby issued in the name of the respondent
Ministry of Population and Environment to decide what type of qualifications are
necessary for the post of Environment Inspector and also to take the advice of
concerned experts having coordination with Public Service Commission and
Ministry of General Administration, if so needed, and fulfill the post as soon as
possible or to make necessary provisions about prescribing functions and duties
of Inspector. 14. Advocate Bhojraj Ayer and Others vs. Office of Prime Minister
and the Council of Ministers (Writ No. 3180/2061), Date of Order: 2062/2/23,
Division Bench. It appears that animals are slaughtered on the bank of rivers and
in open space without examination of their health, and their meat is sold, without
examining it, at open shops. Thus whereas unregulated slaughter of animals has
increased pollution and due to consuming unhealthy meat being sold without
examination, the common people are 28 not only spending huge amounts for
medical treatment of serious types of disease, this has also infringed the
fundamental and legal rights of the consumers to live in a clean and healthy way.
The Legislature has bought about the Animals Slaughterhouse and Meat
Inspection Act, 2055 (1999) for the purpose of getting healthy meat for food. It
protects the right of consumers to get healthy meat and meat related objects for
consumption through implementation of this Act. Even if it is not feasible to
implement fully the law made and issued by the Legislature at a time, the
Executive should make a work plan for phase wise implementation, and start
implementing it as per the needs. Only then the objectives of the Act can be
deemed as fulfilled. Even though the Animal Slaughterhouse and Meat Inspection
Act, 1999 promulgated after the Royal assent on Chaitra 8, 2055 (1998), the
concerned Department of His Majesty’s Government has not done anything in
this regard. Therefore, an instructive order is hereby issued in the name of
concerned organizations of His Majesty’s Government to prepare, and cause to
be prepared, at the earliest infrastructures for implementing the present Animal
Slaughterhouse and Meat Inspection Act, 1999 and to implement this Act as
sought by the petitioner, and also to give prior information to the common people
about how to implement this Act phase wise. 15. Advocate Prakash Mani Sharma
Vs. Cabinet Secretariat (Writ No. 3027/2059), Date of Order: 2062/11/3, Division
Bench If a brick kiln does not install pollution prevention machine or does not
operate using the new VSKB technology closing down the old technology,
Ministry of Environment and other concerned organizations need to take a tough
decision in larger public interest in accordance with the principle of “Private
interest must yield to public interest.” It is the constitutional duty of Government,
which is entrusted with the constitutional duty of governance of the State, to
enforce each and every letter of the law so as to protect against the harms caused
to public health by polluted environment. Therefore, this instructive order is
hereby issued in the name of respondent His majesty’s Government to do as
mentioned below: 1. To constitute a team comprising representatives from
Ministry of Industries, Commerce and Supply, Ministry of Environment, Science
and Technology, Ministry of Labor and Transport, Depart of Housing and
necessary number of experts and also one representative of petitioner Pro Public
to conduct a study about how many brick kilns operating inside Kathmandu valley
have installed pollution prevention technology and how many have not done so,
and to identify those brick kilns which have caused pollution, 29 2. To study about
the impacts on construction undertaken by the State, development and
construction of public houses if brick industries are closed down, and about what
can be their alternative, 3. To cause the closure of brick industries located around
quality resorts built up in the rural area for tourists who are a source of foreign
exchange earnings for the national exchequer, schools where children study and
areas of dense habitation, 4. In respect of brick industries located in the areas
other than as mentioned in No. 3, this committee must see to it that pollution
control equipments are installed by the intervention of the official agency
designated by law within required and reasonable time in the brick kilns which
have been identified by the aforesaid study as causing pollution, and 5. To
complete the requirements mentioned in No. 1, 2, and 3 within six months and
send a copy of the report to this Court as well and to grant reasonable time to the
respondents to fulfill the requirement mentioned in No. 4. 16. Prakash Mani
Sharma vs. Ministry of Population and Environment (Writ No. 3429/2061) Date
of Order: 2062/9/4, Division Bench The writ of mandamus is issued in the name
of the respondents asking them to prescribe standard within six months for the
Industries specified in the Schedule of the Environment Protection Rules, 2054 in
consultation with the experts and also to enforce those legal provisions. The
Constitution of the Kingdom of Nepal, 1990 and the Environment Protection Act,
1997 and the Rules, 1998 have entrusted to the State the responsibility of doing
necessary works for environmental protection so as to prevent any adverse
impacts on the health of the people. And even though orders have been issued by
this Court in several cases even in the past for the enforcement of those laws,
there has been delay in the enforcement of the law due to failure to prescribe the
standards of sound pollution. As granting permission to operate the Industry
distributing temporary license in contravention of the law is contrary to the legal
provisions of the Act, it is required to display special caution towards also
monitoring the standards prescribed for the Industries mentioned in Schedule-7.
Therefore, an instructive order is hereby issued to undertake those works at the
earliest. 17. Advocate Dhananjay Khanal vs. the Office of Prime Minister and
Council of Ministers and Others (Writ No. 73 of the year 2062 B.S.), Date of
Order: 2063/2/25, Special Bench 30 The present writ petition has been lodged
under PIL in the interest of public good and the petitioner has presented with his
petition a copy of Research & Investigation Tear-Gas Harassing Agent of Toxic
Chemical Weapon, Aug 1989 Vol. 262. A copy of the Bulletin presented by the
petitioner shows that even today tear gas used in the world, and, if used proper,
tear gas is not detrimental to the health. It has been mentioned in the second page
of that Bulletin that “if used correctly, the toxic effects of exposure are transient
and of no long term consequence.” As it appears from the copy of the said
Bulletin that there is also a disputable side of tear gas, an instructive order is
hereby issued in the name of Office of the Council of Ministers to constitute an
expert team comprising a representatives of Ministry of Health, Ministry of Home
Affairs, and the Police under the chairmanship of a concerned expert or a
Scientist and to complete, and cause to be completed, the study within one year
about the issues raised in the petition including questions like - How much is tear
gas detrimental to health? What can be its alternative? Or is there no alternative?
And if there is an alternative, what is that? And how much effective it shall be on
the part of the local administrator to maintain peace and security by exercising
the means of other legal measures except the use of tear gas or whether such
alternative shall not be effective? And the respondents are also directed to take
whatever necessary action shall be required in this regard and to send a copy the
study report to this Court as well. 18. Advocate Dhanjanaya Khanl vs. the Office
of the Prime Minister and the Council of Ministers (Writ No.3401 of the year
2060), Date of Order: 2063/5/11 Division Bench Protection of Bishjari Lake and
the area surrounding it which is registered in the list of world wetlands is a
matter of not only national but also of international significance. So if any Project
is likely to be started around Bishjari lake and in its vicinity, an instructive order
is hereby issued to prepare a comprehensive Master Plan and make necessary
arrangements regarding the protection of the area of wetlands of Bishjari lake
and to take actions in that regard taking into consideration Sections 9 and 10 of
the Environment Protection Act, 2053, Marsh Land Policy, 2053, Ramsar
Convention, 1971, Convention on Biological Diversity, 1992 and also Article 26
(2) of the Constitution. 19. Devi Prasad Gautam vs. District Forest Office Bara
and Others (Writ No 0058 of the year 2064), 2067/1/15 Energy is used in the
operation of stone mine. Use of energy produces at least noise and dust. Thus if
noise and dust are produced in the forest and river, it casts direct effects on the
birds and animals living in the forest and in water. Besides, the act of
transportation in all those processes contributes all the more to noise 31 and dust
pollution. The report on Environment Impact Study prepared by the Company in
English language explains this matter. However, the written reply and the
activities of the government bodies are just contrary. If the government agencies
get confused in this manner or fail to realize their duty, how the right to a
pollution free environment guaranteed by the Constitution and the State Policy
shall be the realized. The Government must display seriousness in this regard. As
the government organizations have erred in this case, attention has been drawn
towards a sensitive issue like environment. The impugned decision of the
respondent Department of Industries made on Chaitra 23, 2063 (2006) to grant
certificate of registration to respondent Nepal Progressive Construction Pvt. Ltd.
Registering it as a Stone Aggregates Production Industry, and also the letter
issued on Asadh 29, 2063 (2006) by District Forest Office Bara given on the same
ground granting permission to that Industry to collect stones appear to be
contrary from the viewpoint of environment impact evaluation, the prevalent legal
provisions and the Policy on Environment adopted by Nepal, and , therefore, the
impugned decision and the letter are quashed through an order of certiorari. 20.
Bhojraj Ayer Vs. Prime Minister and Office of Council of Ministers (Writ No.99
of the year 2061), Date of Order: 2066/12/15 This Court has issued various
orders at different stages of the proceedings for protection of environment so as
to prevent the Bagmati River from being polluted, and a report on the actions
taken by the respondents in regard to implementation of those orders has been
submitted. A look at the details of the report shows that a Solid Waste
Management Bill, 2065 has been prepared and Bagmati Civilization Development
Council Bill is under consideration before the Parliament; Bagmati Work Plan
has been approved by Nepal Government, Council of Ministers on Shravan 27,
2066 (2009), and in course of its implementation budget has been allocated and
action is underway; action has been taken to constitute a necessary umbrella
organization as per the decision of Nepal Government on Magh 9, 2065 (2008) in
order to maintain cleanliness of Bagmati river, and a provision has been made
requiring construction of a septic tank while constructing a house within the
urban area. Therefore, as there does not seem to be any ground to initiate
contempt proceedings, the present petition is hereby closed. As mentioned in the
order issued by this Court on 2058/9/2 regarding conservation of Bagmati river
and the various orders issued by this Court regarding the present petition, an
order is further issued directing the Verdict Implementation Division of this Court
to obtain the implementation status report every four months from the powerful
Bagmati Civilization Integration Development Committee, 32 Kathmandu
Metropolis, Lalitpur Sub-Metropolitan City and, if necessary, the respondents
framed in other petitions as well as the Secretary of the concerned Ministry
summoned by this Court regarding whether or not action has been taken by the
respondents in respect of the activities which have been accepted by them in the
report and which they have pledged to do as ordered by this Court and whether
the work plan has been implemented. And the Division is further ordered to
conduct regular monitoring and, if it is found that no progress has been made in
the work or no action has been taken as mentioned in the report, to reopen the
case file of this petition and present it before the bench for further hearing. 21.
Purnabhakta Dangol vs. Office of the Prime Minister and Council of Ministers
and Others (Writ No.2891) Date of Order: 2063/3/20, Division Bench It has been
mentioned in the petition that, without paying attention to the environmental
aspect and without adopting the procedure prescribed by law and also without
having any advice from the experts, the respondents have indulged in felling the
trees on either side of the Arniko Highway and also other trees inside the Valley.
The written replies submitted by the respondents show that they seemed to have
acted lightly sometimes stating that they did not have any responsibility about the
issue raised by the petitioners and sometimes saying that the alleged work has
been already completed. This shows that the respondents were also not serious
about the responsibility entrusted to them by the Act and the Rules. Thus effective
and satisfactory action has not been taken in respect of an issue of sensitive,
humane, national and international significance as mentioned above, and as the
Council of Ministers has also decided on 2059/1/19 to undertake activities like re-
forestation and constructing Garden Parks, an instructive order is hereby issued
in the name of the Ministry of Physical Planning and Construction, Department of
Roads and the Municipalities to implement, and cause to be implemented, those
works and make special arrangements for environmental protection. 22. Bhojraj
Ayer and Others vs. Office of the Prime Minister and Council of Ministers and
Others (Writ No. 3377 of the year 2060), Date of Order 2061/5/1, Division Bench
In order to set up a fund for pollution control in the context of adverse impacts
being caused even on the provisions made in the Environment Protection Act,
1997 for guaranteeing a clean and healthy environment, an instructive order is
hereby issued in the name of Nepal Government to prescribe a date for the
enforcement of the above mentioned provisions of the Act to make arrangements
for setting up a Pollution Control Fund through any other suitable method on the
basis of 33 the present specified price of the petroleum products or without
causing any additional financial burden on the consumers. 23. Narayan Prasad
Devkota Vs. Office of the Prime Minister and the Council of Ministers and Others
(NKP 2067, Volume 12, Decision No. 8521, P. 2053) While making a plan, the
planners and the Government must balance economic development and industrial
development. Today’s world of the 21st century must be conscious of the needs
and significance of a clean environment. Economic development at the cost of
environmental destruction cannot be acceptable. Under the Public Trust
Doctrine, Nepal Government can be only a trustee of the natural resources of
Nepal, and no one should be allowed to do any act unrestrainedly in regard to
Nepal’s natural resources which may cause adverse impacts on the environment
on the basic of only paying nominal revenue. Quarrying and utilization of the
natural resources should not be viewed only form the angle of economic profit.
Rather quarrying and its use should be allowed only if the use of such natural
resources does not cause any adverse impacts on the environment. While allowing
the business utility of any natural resource, the first and foremost thing to be
considered is that such use should be allowed in such a way as not to cause any
impact on the sensitive institutions and the people including the human habitation
in the surrounding vicinity, forests, environment, schools, hospitals etc. The above
mentioned jurisprudential outlook developed by this Court with respect to
environmental protection reflects the worries and concerns of the Court
regarding environment. In fact, it cannot be disputed that today the global
environment is being badly polluted due to the impacts of pollution resulting in
various types of human activities. While on the one hand there is a need of fast
industrialization and extensive utilization of natural resources for human
community from the viewpoint of economic development, on the other hand such
type of activities are likely to expose the existence of the whole Nature to danger.
The issue of closing the doors of economic development or allowing the
destruction of biological diversity and environmental pollution cannot be
considered reasonable from any angle. The indispensability of development for
economic progress cannot be denied whereas it is also not proper to look for an
alternative to clean environment and protection of biological diversity for the
sake of the existence of the whole Nature including the human beings. For this
there is no alternative to move forward by maintaining a balance between
development and environment. In fact, several examples can be found where the
judiciaries around the world have presented themselves, when required, in a strict
manner for 34 environmental protection. The Supreme Court of the United States
of America has displayed judicial activism from time to time in favor of protection
of biological diversity including owl protection and environmental protection. As
mentioned in the petition, the decision relating to control of pollution of the river
Ganges and the decision about the impacts caused by the Industries operating in
the vicinity of Taj Mahal, registered in the list of world heritage as an object of
historical and cultural significance, are treated as milestones from the viewpoint
of jurisprudential development of environmental justice in this area. The above
mentioned orders clearly reflect that this Court has also stood firmly on the side
of sustainable development and environment. In some circumstance the Courts
are also dubbed as an antagonist to development. However, there can be no
separate interest or any hidden vested objective of the Court to obstruct the
activities of economic development or to push the society backwards. Similarly, it
shall not also be in tune with the judicial responsibility of protecting the larger
interests to tolerate the significant adverse impacts on environment in the name of
development or to display inaction or a state of dormancy. Therefore, striking a
balance between development and environment, the Court must stand in favor of
sustainable development prone to wider, inclusive and equitable distribution of
benefits of development. This fact should be remembered that this Court is also
presenting itself in accordance with the international jurisprudential norms of
environmental justice. Now what is the significance of Godavari area from
biological and environmental viewpoint as well as religions and cultural
viewpoints, and whether or not the operation of Godavari Marble Industries has
caused any adverse impacts on biological diversity and ecological balance of that
area are some other issues which need to be considered. It appears from the study
of the writ petition the written replies and the documents which have been
produce that various studies have been made from time to time regarding the
location of Godavari area. Those studies conducted by responsible agencies of
the government, non-governmental sector and researchers have shed light on the
religious and cultural significance of Godavari area as well as the significance
about its biological diversity and environment. In this context, it has been
mentioned as follows in the Environmental Survey of Godavari Area, 2045 which
had been conducted some 27 years back in 2045 B.S. by the then His Majesty’s
Government, Ministry of Forest and Land and Water Base Protection
Department. Godavari, which is located nearly 15 km south east of Kathmandu,
represents ecological system of the mid-hilly region, enjoys religious significance
due to the presence of Nav Dhara (Nine Streams) and Godavari Kund (Pond),
known as 35 plantation ground for special guests visiting Nepal and a research
place for the Scientists which has the highest mountain of Kathmandu Valley
Phulchwoki, often described as an open living Museum of the flora and fauna,
and also famous for the inhabitants of Kathmandu, this well known place of
Godavari is slowly getting trapped in environmental distortions caused by
destruction of forests and industrial operation, and is awaiting for protection.
Likewise, it has been mentioned on pages 14-16 of the Godavari Area
Environmental Condition Enquiry Report, 2049 submitted by National Planning
Commission, 2049 about the natural resources, forest resources and water
resources as follows: Natural Resources of Godavari Area Even though smaller
from the viewpoint of area, Godavari area has got special significance as a
research place for biological study and research, a place for plantation for the
special guests visiting Nepal, the only oldest place of botanical garden having
also the location of Phulchwoki danda(hill) which can be utilized as the highest
hill for sightseeing of Kathmandu Valley. Forest Resources Phulchwoki forest is
spread over 50 square kilometers. The forest which is located in the North West
direction of this forest is famous by the name of Godavari forest, and has got its
own religious, historical and natural significance. On account of its geographical
and geological location there are found 571 species of flower trees and 15 species
of grass in this area which is located at the height of nine thousand feet. In its
higher part are found the plants and trees of Khasru, Katus (chestnut), angeri,
banj, Kafal etc. whereas in the lower part are found okhar, lapsi, jhingane,
chilaune, paiyu etc. Since in this area there have been found three types of red,
pink and white colored flowers in the tree of national flower rhododendron
arboreum of a single species, this area is also considered to be important for
carrying out research. This area is also very rich in the plants of sungava (golden
orchid) and grass species. Here butterflies of more than three hundred different
species and birds of two hundred different species use to stay. Because of some of
the butterflies and birds are of rare and sensitive nature, their protection is all the
more significant. Ratuwa deer (barking deer), chital (spotted deer), dumsi, ban
biralo (jungle cat) etc. are some of the animals found there. 36 More over, some
experts point out that some plants and insects quite new for the world are still
being found in this area. Even though it is believed that some of the animals,
birds, insects and plants are being extinct due to the activities taking place in this
area, many scientists are believed to be convinced that they may be rehabilitated
if proper protection and management are put in place. If fact, even though
Phulchwoki forest is small, it can be treated as a living museum of flora and
fauna which is full of natural beauty. The destruction of this area may be
described as a damage caused to a big store of natural resources. Water
Resources Godavari-Phulchwoki area is rich not only from the viewpoint of flora
and fauna but also from the viewpoint of water resources. The area around Panch
Dhara (Five Streams) and Nav Dhara (Nine Streams), which are famous for
unlimited water resources, had been named Godavari Kund (pond) in the
beginning of 1950’s when Godavari School was established. According to the
statistics maintained by Godavari School, on an average, 200 mm of rain takes
place there. Godavari is considered to be the area in the southern belt of the
valley where highest degree of rain takes place. It is this rain which helps to
maintain the flow of water resources of this area. In the letter attached with that
study report and written by Mr. Russell W. Peterson, President of international
Council for Bird Preservation, dated July 1988 and addressed to the Prime
Minister of Nepal, on the basis of the matters published in the technical study
report on the significance of the birds found in Godavari area, it has been
mentioned as follows: “As many as 256 bird species have been found there.
Among the 155 breeding birds there are 34 with internationally significant
populations in Nepal and 17 which are at risk in the country. Phulchwoki is also
of considerable importance for wintering and passage migrant birds. There are
23 winter visitors which have internationally significant breeding populations in
Nepal and there are threatened species winters in the mountain.” Similarly, it has
been further mentioned in that letter about the forest resources and biological
diversity as follows: “Phulchwoki’s forests are famous throughout the world for
the variety of their plants and animals. Numerous animal species, particularly
insects, previously unknown to 37 Science, have been discovered there in recent
years. The forests are also of great importance for their flora and are rich in
plant species which are endemic of endangered in Nepal. The subtropical forest
on Phulchwoki’s lower slopes is an especially valuable part of Nepal’s heritage.
Forests of this type….once covered much of central and eastern Nepal, but now
virtually all have been converted to agriculture or cut for firewood or animal
fodder. None are protected, which is a serious…from Nepal’s present protected
area system, and the forest on Phulchwoki is one of the last examples of this forest
type left in Nepal.” Likewise, in Phulchwoki-Chandragiri Protected Area
Declaration Report, 2062, caused to be submitted by Forest Ministry in the later
days, mention has been made on page 14 about the biological diversity of this
area as follows: “This area is highly significant and rich from the viewpoint of
biological diversity. In this Phulchowki–Chandragiri area there are 19 types of
mammal animals. They need to be protected and managed in their natural
condition. As the life system of small mammal animals is highly sensitive, there is
a need of protecting them in their wild condition against human and other
external influences so as to preserve them for long. Out of the four types of
endemic and 99 types of rare and threatened species of plants, 92 species of birds
indulge in breeding in this area. That many types of butterflies including the rare
Golden Emperor and Kaiset-I-Hind species and many other types of animals and
creatures are found in this area displays the importance of this area from the
viewpoint of biological diversity.” On page 15 of the same report, quoting from a
study report prepared by an international organization of bird preservation, it has
been mentioned as follows: Significance of Phulchowki Forest Area from Bird
Preservation Viewpoint (BCN, 2005) “The Phulchowki hilly forest, situated at 16
K.M south east of Kathmandu, is not only the highest peak of a side of Kathmandu
valley; it is also a very important Nepali bird area. This Phulchowki area is an
important habitat of the birds of globally threatened and restricted range species.
Till date, 297 species of birds have been recorded in this area. The Broadleaved
Temperate Forest of this area has provided habitat for the significant populations
of the species found in Sino Himalayan temperate Forest Boime. This area is the
habitat of highly significant birds called Spiny Babbler, Turdoies Nepalensis
found only in Nepal. 38 Describing the significance and Biological diversity of
Phulchowki-Godavari area, the above-mentioned study has recommended
declaring this area a protected area. On page 16 of the said study report it has
been mentioned under environmental-tourism sub-heading as follows: “If this
area, so close to the Capital city of Kathmandu having the highest population
density and the largest population, is made a protected area, it may be valuable
for earning foreign exchange by promoting environmental tourism which is
considered to be the major source of economic development. If it is turned into an
attractive tourist spot due to its various types of significance including biological
diversity, it may provide great support to providing employments for the people
residing in this area and the increase in their income. The Phulchowki hill has
been internationally considered as a very significant bird observation area and
vegetation garden. The snow-capped mountains including Sagarmatha can be
seen from this highest point of Kathmandu valley, and great entertainment can be
enjoyed by viewing various types of flowers including the national flower of
Nepal, i.e., Rhododendron arboreum. There seem to be adequate prospects of
tourism development in this flowers covered hill which is also highly significant
from religious viewpoint. Godavari Kund (pond), Royal Vegetation Garden,
Fisheries Development Center, Godavari River etc. located in Godavari area
additional tourist attractions. In this way, the above-mentioned studies and
research got conducted by the Government during a period of nearly 17 years
starting from 2045 B.S. to 2062 B.S. shed light on the environmental and
biological diversity related realities of Godavari area besides its religious and
cultural significance. Phulchwoki hill, situated at the top of Godavari area, seems
to be the highest hill accountable for introducing Monsoon in Kathmandu. And it
is also a place of snowfall during the winter season as well as a beautiful
sightseeing place. Godavari forest area is located slightly below that hill. The
forest of that area is treated as a study and research center for globally
threatened different species of trees, plants and grass related vegetation.
Similarly, the study reports presented by the teams comprising also some foreign
experts show that some birds of rare species including kande bhyakur (spiny
babbler) which are found only in Nepal are awaiting protection. In addition to
this, that area is also famous for butterflies and other small mammal animals. In
totality, there is no disputing that this area is a hot spot of biological diversities.
In the lower base of Godavari (where respondent Godavari Marbles Industries is
conducting quarrying), there are abundant water resources, famous Panch Dhara
(Five Streams) and Nav Dhara (Nine Streams). The area around that has been
also 39 named as Godavari Kund, and the religious Godavari festival takes place
after every twelve years. That region harboring Godavari flower garden, fisheries
development centre, national herbarium and domestic Centre of ICIMODE also
seems to be a wet land. Temples of various Gods and Goddesses, monasteries,
Buddhist monasteries are situated in this area, which is also significant from
religious and cultural viewpoint. It has been also recommended in the study
reports of Nepal Government and UNESCO that this place needs to be protected.
In this way, this region having the Mahabharat range of mountains of 1515 to
2715 meters height seems to be situated like a living museum due to its climate,
biological diversity, geographical location, geological condition and ecological
system. This region acts as a source of clean water and air for densely populated
Kathmandu Valley. Some people also use to visit this place on holidays for taking
rest and relief from urban smoke, dust and noise in the vegetation garden and
park. The significance of this beautiful and pleasant looking Godavari which is so
close to the valley and full of biological diversity can be hardly described in
words. It also looks expedient to analyze whether or not the operation of
Godavari Marbles Industries in this area considered significant from the
viewpoint of biological diversity, has caused adverse impacts. Issues like
deforestation and massive quarrying of concrete and stones rather than marble
due to operation of Godavari Marble Industries, destruction of biological
diversity including rare vegetation, wild animals, butterflies and birds, soil
erosion and pollution of water sources and impacts caused on the local residents,
schools and other research centers have been chiefly raised in the writ petition.
The written reply submitted by Godavari Marble Industries and the learned
counsels appearing on its behalf have put forward the pleas that the Industries
has not done any activity causing adverse impact on the environment of Godavari
region; long term and short term programs including plantation have been
conducted for environmental protection of that area; the process of obtaining ISO
14001 certificate has been initiated; 600 persons have been given direct
employments; nothing has been done which may cause diversion on the ground
level, extinction of wild life, water pollution, noise pollution, diversion in flow of
water and damage to the objects of cultural and archaeological significance.
Also, after conduction of programs relating to environmental protection and
promotion there has been significant increase in the number of wild animals. 40
In order to be clear about the mutually conflicting claims and pleas of the
petitioners and the respondents it will be expedient to analyze the
abovementioned study reports on the environment and biological diversity of
Godavari area. In the conclusion and recommendations section of the aforesaid
Environmental Overview of Godavari Area, 2045 (1988), got conducted by the
then His Majesty’s Government’s Ministry of Forest and Soil Preservation and
the Soil and Water shed Conservation Department in the year 1988), besides
other things, mention has been made about the adverse impacts caused by
Godavari Marble Industries on biological diversity and environment of this area
as follows: 1. On account of deforestation in the natural environment of Godavari
area and due to the existence of Godavari Marble Industries the wild animals
found there may face extinction; the significant and rare vegetation may be
exposed to extinction and the whole ecological system may be harmed. 2. The
expansion of Godavari Marble Industries has not caused harms only to mainly
landscape and beauty of Godavari rather it has also exerted adverse impact on its
natural environment. 3. It shall be suitable to develop this Godavari area which
represents the mid-hilly region as a protected area by stopping the development
and construction activities in order to maintain balance of its ecological system
The study report had been completed under Ministry of Forest during the days
when even thoughts about environmental protection had not evolved, when
constitutional and legal provisions had not been made and special interest had
not been displayed as in the present times. Still the issues pointed out in that study
report obviously seem to display significant and future-oriented approach
towards biological diversity and environmental protection. That report has put
forward concrete and objective grounds which show that the operation of
Godavari Marble Industries has caused adverse impacts on biological diversity,
natural beauty and the entire ecosystem of that area, and has given the suggestion
that the development and construction activities should be stopped and that area
should be developed as a protected area. There appears no reason to overlook the
issues pointed out in that study report conducted by a responsible agency during
a time when there was no dispute in this regard. In the same way, it has been
mentioned also in the Godavari Area Environmental Situation Enquiry Report,
2049 (1992) prepared by the then His Majesty’s Government, National Planning
Commission’s Natural and Cultural Heritage Protection Council that the
operation of Godavari Marble Industries has impacted on the forest, 41 tourism,
agriculture,, animal husbandry and water resources. Majority of the members of
the enquiry Task Force have expressed the opinion to close down the Industries
analyzing the impact caused by Godavari Marble Industries on the environment.
In the majority opinion of that report the following things, inter alia, have been
pointed out: “Godavari Marble Industries has been directly affecting nearly 100
hectare forest of this area. Floods and landslides resulted from the activities like
quarrying of stones and marble and preparation of concrete and marble have
caused annual loss of crops worth thirty lakhs of rupees in regard to only the
paddy crops of the people of the command sector of the river. Looking at the
geographical position of that place, it seems that it is not possible to stop the
flowing of rato mato (reddish soil) from the mines, notwithstanding any type of
endeavors. Godavari area is also important from the perspective of vegetation,
animals, birds and butterflies. The reasons like explosions made there are likely
to create a situation of extinction of invaluable butterflies and rare birds forever.
It needs to be noted that the operation of mines has not only caused the loss of
beauty of that place, rather it has turned that area uglier. When the country and
the Nepalese people are made to lose millions due to destruction of natural
heritage, if the mines are allowed to operate as usual advancing the plea that four
hundred laborers have been given employment and nearly twenty lakhs of rupees
are annually paid to the government as revenue, the local people shall be
required to pay a huge price. Moreover, any program relating to protection which
is conducted without halting the activities of Godavari Marble Industries shall not
only lack direction rather it also may not create a sense of trust. Therefore, it
looks necessary to close down Godavari Marble Industries. It has been pointed
out in the report on mines that, as the marble deposit of Godavari area is not of
high quality, good slabs do not come out, stones come out in between and blocks
get split and a lot of soil and stones need to be removed regularly, it shall be
necessary to expand the area of mines. Thus it is not feasible to operate the
Industries without doing business in stones and concrete. The transaction of
stones and concrete being conducted there is apprehended to be greater in
volume than what has been shown by the entrepreneur. The geological reports
have also shown the need of progressing quarrying in the north direction in
course of extension of the mines. This shows that the regular transaction of stones
and concrete is indispensable for the development of that Industry. Therefore, that
Industry should be treated more as a stone mine. On this basis also that mine
should not be allowed to operate.” It has been clearly pointed out in that opinion
about the adverse impacts caused by Godavari Marble Industries on the
biological diversity and environment of 42 that area. It is a matter deserving
special consideration that especially on account of operation of that Industry, not
only biological diversity including rare vegetation, birds butterflies etc. of that
area is being gradually destroyed, even the natural beauty is showy getting lost
and becoming uglier. Moreover, it has been also mentioned that the flow of rato
mato (reddish soil) cannot be stopped despite resorting to means of improvements
whatsoever due to the geographical condition of that area. As both the storage
and quality of marble are not good and more stones than marble have been
excavated, it has been pointed out in the report that the Industry should be treated
more as a stone Industry rather than as a marble Industry. This does not show
any special utility of the respondent Industry as a marble Industry. Besides, the
section of the report describing many times more damage caused to environment
by the Industry than the employments given to some persons by the Industry and
the revenue paid to the State shows that balance between development and
environment also could not be maintained. In the letter written by Russell W
Peterson, President of International Council for Bird Preservation, to the Prime
Minister of Nepal in July, 1988, which is enclosed with the above-mentioned study
report, mention has been made about the impacts caused by the continuous
quarrying being carried out in the lower part of Phulchowki, i.e., Godavari area,
on the basis of the matters published in the technical study report of International
Council for Bird Preservation in the following way: “The continued quarrying on
the lower slopes is a major threat, especially to the vitally important subtropical
forest, and this really should be stopped immediately.” It has been mentioned on
page 74 of the study report called Conservation ‘Project’ for Phukchowki
Mountain, Nepal as follows: If Phulchowki’s forests and their wildlife are to
continue to survive, action must come soon; the quarries must be closed and
Phulchowki designated a protected area. At the present rate of destruction, the
stage will be reached in the foreseeable future where many species will
disappear. Even if the trees were to recover, some of the forest inhabitants would
take many years to recognize and others would never do so. In fact, it is not
possible for the Court to have expertise in every discipline and subject. Therefore,
the Court needs to rely on the views of the concerned experts on some technical
issues. However those reports use to be reliable only so long as those are not
proved otherwise. The respondent Industry could not refute convincingly that the
opinions expressed in the aforesaid study report, which formed the basis of the
writ petition, were otherwise or they were prejudiced towards the Industry in such
way. The 43 studies got conducted by different agencies through teams
comprising national as well as even international experts at different times have
also reaffirmed the conclusions of the study conducted in 2054 B.S. Therefore, the
Court has to presume that the matters mentioned in the aforesaid study reports
prepared in an independent way at a time when there was no dispute are
scientific, factual and objective. Apart from this, the matters of negative impacts
caused by the operation of Godavari Marble Industry in that area have been also
discussed in the Field Study Repor, 2050 prepared by the Public Accounts
Committee of the then House of Representatives. The following issues have been
pointed out in the aforesaid report on the basis of discussion made with the local
residents: “Godavari area is highly significant from the viewpoint of biological
diversity. Various species of vegetation, birds, butterflies and flowers can be
found there at one place in abundance. As there were extensive public grievances
about the harms caused by human encroachment and environmental pollution
caused by the Industries including the marble Industry in this area, the sub-
committee had held discussions with the representatives of the local residents, the
representatives of the organizations associated with environmental protection and
the representatives of the vegetation garden and the school. In course of the
discussions various concerns had been raised, such as, dust raised by the marble
Industries, air and vegetation being polluted by the dust, the destruction of forest
in Godavari-Phulchowki area on account of various reasons including Godavari
Marble Industries, growing extinction of the vegetation, birds, butterflies and
flowers found in that area, impacts caused by blasting made in the industrial
area, on the surrounding vicinity and rato mato (reddish soil) flowing from the
quarries entering the fields resulting in decrease in production.” Directly felt and
experienced pains expressed by the local residents before the representative
regarding the adverse impacts caused by Godavari Marble Industries on their
habitation and the surrounding environment need to be taken seriously. This
shows that the plea taken by Godavari Marble Industries in its written reply that
the local people had been benefitted by the employments generated by the
Industry and that they had positive attitude towards the Industry was not reliable.
Moreover, the same report has pointed out that Godavari Marble Industries has
indulged in production of more bricks than marble in the following way: As
regards the issues of the Industry having been registered as a marble producing
Industry but indulged in producing more concrete and stones than marble 44 and
the concerned agency remaining silent on that issue and also not realizing
revenue for that, that matter becomes clear also from the particulars given by the
Industry. As about this issue, there is no law in Nepal for imposing tax on the
production of stones and concrete. Even though the Auditor General informed
about this matter on time, the concerned Ministry has not displayed readiness for
making law. Thus it is an impractical situation where the nation does not get any
income even though natural resources of the country are being utilized and
individuals alone are getting benefitted by it. Therefore, it is highly necessary to
classify the products of mineral Industries into main product and sub-product and
to impose revenue even on the sub-product by making timely law and rules for the
purpose of imposing revenue. On the basis of the conclusion of that study report
there appears truth in the Statement of the petitioners that the respondent Industry
indulged more in the transaction of stones and concrete than in marble and also
in evasion of revenue. It cannot be appropriate to allow freedom for production of
stones and concrete under the shield of marble for the economic benefit of an
individual, and thus exposing the valuable natural resources to danger. In Surya
Prasad Sharma Dhungel vs. Godavari Marble Industries and Others (NKP
Golden Jubilee Celebration, Special Issue 2052, P.169) also, the above-
mentioned study reports have been already analyzed by a Special Bench of this
Court. The Court has issued directives for prevention of the impacts caused on the
environment by adopting the measures of reform. Nearly ten years after the
issuance of that order, again another study had been made by Nepal Government,
Ministry of Forest in 2062 about declaring Phulchowki-Chandragiri area as a
protected area. In the aforesaid Phulchowki Chandragiri protected Area
Declaration Report, 2062 the following analysis has been made regarding
preservation of this area: “This area, being a meeting point of extremely
significant metaphysical biodiversity, landscapes and environment, greater
importance has been given to its protection by the Biological Diversity Strategy,
2002 and the Biological Diversity Documentation Project, 1996 as well. This
area needs to be established and preserved as a National Park to conduct
environment friendly programs for the preservation of highly important
ecological system and wild life along with protection of their habitation as well as
for poverty reduction and preservation of biological diversity. This will help
achieve biological preservation, management and community development for
long. Moreover, it can be also integrated with the national fundamental policy of
poverty reduction. Utilizing regularly and for a longer period the means and
resources available almost close to the lap of the national capital Kathmandu, it
is the need of today to 45 preserve the biological diversity and to move forward
exploring the prospects of social and economic development, which could not be
achieved till today.” In the context of Nepal’s obligation for preservation of
biological diversity created by international treaties and Conventions and the
steps taken by Nepal Government for preservation of biological diversity the
following grounds have been mentioned in the same report to justify the
preservation of this area: “For the sake of realizing the targeted objectives of
preservation of biological diversity, its utility and equitable distribution of the
benefits, Nepal prepared and adopted Nepal Biological Diversity Strategy, 2000
in 2002 and His Majesty’s Government, Ministry of Forest and Soil-Preservation
has already brought it into implementation. That strategy has the policy of
including and managing all the 118 ecological systems (Dobremez, 1972) inside
the protected area, and, therefore, it is necessary to manage this area as a
protected area for implementation and realization of the targeted objectives of
His Majesty’s Government. Presently, 33 out of the 52 biological systems found in
the mid-hilly region fall under the protected area. If this Phulchwoki -
Chandragiri area is declared as a protected area, it will help to include some
additional ecological systems and will further provide support to the endangered
species of vegetation, animals, birds, insects, butterflies etc. facing the danger of
extinction for lack of preservation. As dense habitation is developing around the
forest area where Godavari Marble Industries is in operation, and as it is a hot
spot of the national herbarium, St. Javiers School, other schools, flower garden,
deer yard, fish and beer farms of Agricultural Research Centre, Domestic Centre
of ICIMODE, natural caves and other types of biological diversity, it does not
seem appropriate to continue the operation of the quarries which carry out
regular explosions in an area of national importance which is also highly
sensitive from social and environmental perspective.” On the basis of the issues
indentified in the aforesaid study reports there is no doubt that adverse impacts
have been exerted upon the religious and cultural significance of Godavari area
and also on its biological diversity, ecological system and geological position.
Not only that, it cannot be said either that appropriate and adequate measures
had been taken for preservation of that area in accordance with the directive
orders issued by this Court or those types of harms had been minimized or there
was such probability. So in view of the biological diversity and environmental
sensitivity of that area, it looks necessary to keep it intact as pointed out in the
study reports. 46 Now another question needs to be considered and decided:
Whether or not the activities relating to quarrying conducted by Godavari Marble
Industries in Godavari area are compatible with the constitutional provisions and
the law of Nepal regarding environmental protection?. It has been contended in
the present petition that the operation of Godavari Marble Industries has chiefly
infringed the right to live with dignity and the right to live in a clean environment
guaranteed respectively by Article 12(1) and Article 16(1) of the Interim
Constitution of Nepal, 2007, and nothing has been done to maintain a clean
environment by preservation of biological diversity as envisioned in Article 35(5)
in accordance with the State Policy. Similarly, the petitioners have further
contended that the legal rights granted by Section 12(1) and Section 27(1) of the
Mine and Mineral Substances Act, 1985 and Rule 19(b) and Rule 43(d) of the
Mine and Mineral Substances Rules, 1999, Section 7 and Section 10(1) of the
Environment Protection Act, 1997 and the Preamble of the Forest Act, 1993 and
the right expressed in the Preamble and the spirit of the Forest Act, 1993 have
been also infringed. However, the respondent Godavari Marble Industries has
taken the plea in its written reply that it had not infringed the legal and
constitutional rights as claimed by the petitioners. Article 12 relating to the right
to freedom in the Interim Constitution of Nepal, 2007, reads as follows:
“Article12. Right to Freedom: (1): Every person shall have to right to live with
dignity and no law shall be made providing for capital punishment. 2. No person
shall be deprived of his personal liberty save in accordance with law.” Article
12(1) of the Interim Constitution has also incorporated the right to live with
dignity under the right to life. It shall be erroneous and incomplete to have a
narrow thinking that the right to life is only a matter of sustaining life. Rather it
should be understood that all rights necessary for living a dignified lifas a human
being are included in it. Not only that, it cannot be imagined to live with dignity in
a polluted environment rather it may create an adverse situation even exposing
human life to dangers. Similarly, Article 16(1) of the Intern Constitution of Nepal
has guaranteed that every person shall have the right to live in a clean
environment. This provision of the Interim Constitution establishing the right to
live in a clean environment as a fundamental right can be rarely seen not only in
the South Asian Region but also in the constitutions of the developed countries of
the world. This constitutional provision seems to have provided constitutional
immunity from polluted environment to not 47 only the Nepali citizens but also to
every person residing in Nepal. The State does not have any alternative to
ensuring availability of this right envisioned as a fundamental right without any
precondition or obstruction. Likewise, the petitioners have also alleged that
whereas due to the operation of the respondent Industry the environment of
Godavari area in gradually becoming polluted, respondent Nepal Government
has not duly executed the State Policies enshrined in Article 35 of the
Constitution. Clause (5) of Article 35 provides as follows: “(5) The State shall
make such arrangements as required for keeping the environment clean. The State
shall give priority to the prevention of adverse impacts on the environment caused
by physical development activities, by increasing the awareness of the general
public about environmental cleanliness as well as to the protection of the
environment and special protection of the rare wildlife. The State shall make
arrangements for the protection and sustainable uses and equitable distribution of
the benefits derived from the flora and fauna and biological diversity.” The
aforesaid constitutional provision States that protection of environment should
remain under the priority of the State and that the operation of development
activities should not impact on the environment. That is to say, it has established
the need of taking forward development and environment in a balanced way as
the State Policy. Unlike the preceding Constitution, the Interim Constitution of
Nepal has widened the concept of environmental justice requiring the State Policy
to address the protection of forest and biological diversity and their sustainable
uses and equitable distribution of the benefits accruing from them. This approach
adopted by the Interim Constitution looks compatible with the provisions of the
International Convention on Biological Diversity, 1992. It has become clear from
the analysis of the first issue made above that the concept of environmental justice
is not of a stable or static Nature rather it is a dynamic and future centered
concept likely to develop and become refined gradually. With the development of
Science and Technology, new types of problems and challenges are being
accumulated every day, and the latest outlooks are also emerging in the
environmental justice sector so as to address them. The developed countries have
already started the assessment of environmental impacts which are likely to
emerge after hundreds of years. Right from the enactment of the 1990
Constitution to the time of the promulgation of the Interim Constitution, wide
spread changes have emerged in the national and international outlook on
biological diversity and the environmental protection sector. It was natural to see
a reflection of its impacts in the Interim 48 Constitution of Nepal. Still more
concepts in this regard may be expected to get incorporated in the Constitution to
be made in the future. As it is necessary to have a future centered outlook, while
having discussion in the context of environmental justice, it shall not be a proper
and rational thought to retrogress from the concepts, constitutional and legal
provisions and the national and international practices developed so far. On the
whole, the Interim Constitution of Nepal, 2007 has guaranteed a person’s right to
live as a fundamental right. Moreover, the Interim constitution has also placed
the right to live in a clean environment under the category of fundamental rights.
It is in the knowledge of the bench that the State Policies are not the matters
which can be directly implemented by the Court. Nonetheless, any type of
restriction whatsoever on the uninhibited enjoyment of fundamental rights cannot
be acceptable at all. Even the State Policies are also not placed in the
Constitution only for a cosmetic purpose. It can be hardly considered proper to
go on incorporating one after another major issues relating to the rights in the
Constitution bur responsible bodies of the State displaying apathy towards
enforcement of the fundamental rights and the State Policies specified in the
Constitution. Incorporating unenforceable rights in the Constitution detracts from
reliability of the State. Therefore, the concerned bodies) of the State should
sincerely endeavor to implement literally the sprit and provisions of the
Constitution. If it is not found so, this Court shall issue necessary order or
directive in the regard. The significance of Godavari area and the adverse
impacts caused by the respondent Industry on that area have been adequately
analyzed above in course of resolution of the third issue. On the basis of the
aforesaid analysis it cannot be Stated that the impacts caused by the operation of
the respondent Industry on biological diversity and environment of that area have
not affected individual’s right to live in a clean environment guaranteed by the
Constitution. In Fact, the right to live in a clean environment is an inborn and
inherent right of men to live in a clean environment. There can be no dispute that
such natural rights relating to life should be enjoyed uninterruptedly. As man is a
natural creature, this right of man to live cannot be violated in any condition or
circumstance. Besides, it has been also mentioned in the writ petition that the act
of quarrying being conducted since long time by the respondent Industries in a
sensitive area having biological diversity is contradictory to the Mine and
Mineral Substances Act, 1985 and the Mine and Mineral Substances Rules, 1999.
Section 1(2) of the Mine and Mineral Substances Act, 1985 which got the Royal
seal of assent on Kartik 14, 2042 (1985), has provided that the Act shall come
into force from the date specified by Nepal Government through a 49 notification
published in Nepal Gazette. However, even after 12 years of its promulgation the
Act could not come into force. It was only in the writ petition, Surya Prasad
Sharma Dhungel vs. Godavari Marble Industries and Others, (NKP, Golden
Jubilee Celebration issue 2052, P. 169) that this Court issued an order on Kartik
4, 2052 (1995) for enforcement of the aforesaid Act. After a lapse of four years of
the issuance of the said order, the said Act came into force following publication
of a notification in Nepal Gazette on Bhadra 13, 2056 (1999) effective from the
date of its publication. The Preamble of the Act also declares about the
expediency of developing mines and mineral sources available in the country so
as to maintain the convenience and economic interests of the common people and
achieve faster economic development of the country. Thus the Preamble is guided
by the objective of faster economic development of the country through systematic
quarrying and development of mines and mineral resources. Moreover, Section 3
of the Act has provided that all the mineral resources found beneath private or
public land or inside the earth shall be the property of Nepal Government. Section
3(a) has classified mineral substances into Metal and Nonmetal according to
their nature and into Highly Important, Important and Precious and Ordinary in
accordance with their value. Schedule 1 of the Mine and Mineral Substances
Rules, 2056 has placed marble under the category of nonmetal mineral in
accordance with its nature and under the category of ordinary mineral along with
stone and sand based on its importance. Section 4(1) of the Act has granted the
monopoly of carrying out mineral activities to Nepal Government, and Section
4(2) has made provision that the Department may conduct mineral activities on
its own or grant permission to someone else for this work. The process of
granting such permission and its duration is also included in the Mine and
Mineral Substances Rules, 2056 apart from Section 5 of the Act. Section 11a of
the Act provides that while conducting mineral activities it should be done in a
way so as not to cause any adverse impact on the environment. It has been
mentioned in the said provision that the mineral activities should be conducted
without causing any significant adverse impact on the environment; measures as
specified should be adopted for environmental protection; the Department may
issue instructions for reform if such adverse impacts are seen; and it shall be the
duty of the concerned person to abide by such instruction. The provision to that
Section has also provided that such impact shall be as specified. 50 The grounds
which may be treated as causing significant adverse impacts on the environment
have been specified in Rule 32 of the Mine and Mineral Substance Rules, 2056 as
follows: a) Diversion likely to be caused to land use and surface of land in course
of developing mine and its basic structure, b) Harm likely to be caused to forest
development and extinction of wildlife, c) Possibility of water pollution due to the
water flowing out of the mine and the liquid and defects emitted during
purifications , d) Air pollution due to smoke and dust, e) Noise pollution and
trembles likely to be caused by drilling, blasting and use of huge machines, f)
Problem of solid change of form emerging likely on account of over burden
trailing etc., g) Problems such as soil-erosion, landslide, drifting of steep land,
drifting of soil and road blockade likely to emerge, h) Likely change in the flow of
water and inconvenience in the use of water, and i) Harms likely to be caused to
the cultural and archaeological places and botanical garden. A comparative
perusal of the various study reports conducted about Godavari area, which have
been overviewed above, clearly shows that the conditions mentioned in clauses
(a), (b), (c), (e), (g) and (i) of the Rules emerged due to the act of quarrying
conducted by respondent Godavari Marble Industries. Thus there seem to be
adequate grounds which can be considered to have caused significant adverse
impacts on the environment of that area. Besides, Section 12(1) provides that the
Department may even declare from the viewpoint of national security, public
good or historical importance any area as a prohibited area for mineral activity
or grant permission for performing mineral activity in any area specifying special
conditions. Similarly, Section 27(1) grants power to Nepal Government to stop
mineral activity and cancel its permission if it appears necessary for national
security or public good. Moreover, Rule 43(d) of the Mine and Mineral
Substances Rules, 2056 has made a legal provision for cancellation of any
Mineral Industry conducting any activity causing adverse impacts on public
interest or national security or environment. It cannot be disputed that Godavari
is an area of cultural and historical significance. Moreover, adequate analysis
has been already made in the preceding paragraphs in regard to biological
diversity, geographical and geological position, 51 ecological system and
environmental sensitivity of this area. This fact has also clearly established that
the quarrying activity undertaken by Godavari Marble Industries has caused
significant adverse impacts on biological diversity and environment of that area.
In such a situation it cannot be said that the destruction of biological diversity
and environment of Godavari area, which serves as the ventilator of climate and
environment of a densely populated urban area like the Capital having more than
three million population, shall not expose wider public good to danger. Likewise,
it has been also contended in the writ petition that the continued functioning of
respondent Industries has also infringed the provisions of the Environment
Protection Act and the Rules. As per the order issued by this Court in Godavari
Marble case, the Environment protection Act, 1997 was enacted and published
after getting the royal seal on Magh 17, 2053 (1996). The Preamble of the Act
shows that taking into consideration the feasibility of sustainable development
only through interdependent relationship between economic development and
environmental protection, the aforesaid Act has been promulgated with the
objective of maintaining a clean and healthy environment by minimizing as far as
possible the adverse effects caused by environmental destruction on human race,
animals, vegetation, Nature and physical objects so as to protect the environment
through proper utilization and management of the natural resources. The spirit
embodied in the said Preamble states that sustainable development may take
place only if there is interdependence between economic development and
environmental protection. Thus the spirit of the Preamble seems to have clearly
internalized the international jurisprudence that has been developed in the area
of environmental justice. Along with this, the Preamble also appears to have
imbibed that environmental destruction may cause adverse effects on the human
race, animals, vegetation, Nature and physical objects, and this may prevent
creation of a clean and healthy environment. Likewise, the Preamble to the
Environment Protection Act has also incorporated the equitable assumption that
proper utilization and management of natural resources should be made for
environmental protection. Section 2 of the Act has also defined various terms. In
clause (a) the term “environment” and in clause (b) the term “pollution” has
been defined. In clause (c) the term “protection” has been defined as to mean the
acts relating to protection, maintenance, promotion and national heritage.
According to clause (d), “proposal” means a proposal prepared in relation to
conducting any plan, project or program relating to any development work,
physical activity or change in the use of land capable of bringing about changes
in the environmental condition Likewise, diversity of eco- 52 systems, species
diversity and genetic diversity have been defined as ‘biological diversity’ in
Section (e) of the Act. According to Section (k), “national heritage” means any
object, place, vegetation and animal or insects within Nepal related to
environment and considered significant for the human race from natural, cultural,
historical, archaeological, scientific, spiritual, aesthetic or social perspectives.
Apart from this, Section 3 of the Act has provided for undertaking preliminary
environmental examination or environmental impact assessment of any proposal
whatsoever. Section 4 prohibits implementation of any proposal without its
approval following enforcement of the aforesaid Act. Sections 5 and 6 included
respectively the provisions relating to submission of a proposal for approval.
Exercising the power granted by Section 24 of the Environment Protection Act,
1997, Nepal Government made the Environment Protection Rules, 1997 on Asadh
12, 2054 (1997). Rule 3 of the said Rules has provided for conducting preliminary
environmental examination of the proposals mentioned in Schedule 1 and
environmental impact assessment of the proposal mentioned in Schedule 2. The
proposals relating to Rule 3 which require preliminary environmental
examination are related to mines as mentioned section (e) of Schedule 1. Since it
has been mentioned in its Serial Number 4 that decorative stones (like marble,
granite, amphibolites/polished stone) shall be collected and produced, respondent
Marble Industries which is involved in collection and production of marble needs
to undertake preliminary environmental impact assessment. Moreover, a list of
the proposals which require environmental impact assessment has been given in
Schedule 2. It has been mentioned in Serial Number 2(c) of section (e) of the said
Schedule that it shall be required to conduct environmental impact assessment of
the proposals relating to quarrying in case of quarrying of more than 200 tons of
nonmetal minerals in land quarrying and in case of quarrying of more than 400
tons in surface related quarrying. Apart from this, it appears from the study of
those Schedules that preliminary environment assessment shall be required also
in case of the proposals relating to the areas having forest and the main sources
of supply of public drinking water, and which are of historical and cultural
significance. It cannot be disputed that on account of the act of marble quarrying
being conducted by respondent Godavari Marble Industries and the sensitivity
and significance of that area where the mine is located, it is necessary to conduct
preliminary environmental examination and preliminary environmental impact
assessment. But the written replies submitted by the respondent Industries and the
concerned government agencies show that so far nothing has been conducted in
this 53 regard. The respondents have taken a plea in their written replies that
preliminary environmental examination and preliminary environmental impact
assessment had not been done as there was no clarity about whether or not such
examination and assessment were required in case of an Industry established
before the enforcement of the relevant Act since the clause “after enforcement of
this Act” has been mentioned in Section 4 of the Act. In fact, it is not at all
reasonable to say that any Industry established before the enforcement of some
Act shall not affect the environment, and only the Industries established after the
enforcement of the Act shall affect the environment. That there was no legal
requirement for having preliminary environmental examination and preliminary
impact assessment during the time of establishing any Industry does mean that
one can argue that such immunity continues to permit non compliance with that
legal requirement even after enactment of law in this regard. If it is to be
interpreted in that way, it would lead to a conclusion that the Industries or mines
established before 2053 shall have license to continue polluting the environment.
Such a conclusion cannot be just and rational from any perspective. The Act of
allowing such immunity to the respondent Industries by a responsible agency like
the Ministry of Science, Technology and Environment can be only an indicator of
its unaccountability. Similarly, it has been mentioned in Section 7(1) of the said
Act that it shall not be permissible to cause pollution causing significant adverse
impact on the environment or causing risk to public life or public health or install
any mechanical equipment or Industrial corporation in contravention of the
specified norms or to release, or cause to be released, sound, heat, radiological
rays and releasing dust from any other place. SubSection (2) of Section 7(1) has
given power to the concerned agency to prescribe necessary terms and conditions
or prohibit any activity if someone is found to be causing significant adverse
impact on environment by indulging in any activity in contravention of Sub-
Section (1). Besides, Sub-Section (3) has also made provision about empowering
the concerned Ministry to impose restriction on the use of any object, fuel,
instrument or mechanism by publishing a notification in Nepal Gazette if their use
causes or appears to be causing significant adverse impacts on the environment.
On the basis of the analysis made above in regard to various study reports it
appears that significant adverse impacts have been caused by the activities of
Godavari Marble Industries on biological diversity and environment of that area,
and its prevention seems to be impossible. In such a situation allowing continuity
of the 54 Industries shall be equivalent to allowing the continuation of significant
adverse impacts on the environment of that area. According to Section 10 (1) of
the Environment Protection Act, 2053, Nepal Government may specify, through a
notification published in Nepal Gazette, any place, which is full of natural
heritage considered very significant from the viewpoint of environmental
protection or which has aesthetic, rare wild life, biological diversity, vegetation
and places of historical and cultural significance as an environment protection
area. Similarly, Section 17 of the Act requires the polluter responsible for causing
environmental pollution in contravention of the said Act and the Rules or the
Manual made there under to pay reasonable compensation to the victim party.
Further, Section 18 of the Act makes provisions including immediate stoppage of
any act being conducted by any person without getting approval of the proposal
or in contravention of the approved proposal and imposing punishment according
to the degree of the offence. There is no disputing the fact that Godavari area is
an area of religious and cultural significance endowed with natural beauty,
biological diversity, environmental sensitivity, eco-system, geographical and
geological status, flower garden, national herbarium, fishery and bee research
centre, domestic centre of ICIMODE. Moreover, it has also become established
that the activities of the respondent Industry has caused irreparable loss to the
whole environment including biological diversity of that area. In such a situation
the failure to declare that area as a protected area and allowing freedom to
continue causing damage to the environment testify that the aforesaid legal
provision relating to environmental protection contained in the Environment
Protection Act cannot be viewed as implemented or complied with. In short,
notwithstanding some existing dispute between development and environment,
there exists a belief that even if there seems to be any conflict between physical
development and destruction, development can be achieved protecting the health
of the human race and its right to life by striking a balance between physical
development and destruction. In the preceding paragraphs, examples of national
and international arena have been discussed above about running campaigns for
the protection of rare animals, aquatic animals and birds under the campaign of
pursuing development without letting its adverse impacts affect the environment.
There seem to be existing adequate grounds for preventing operation of the
respondent Marble Industry in the Godavari area. First of all, there are dense
settlements and the continuing expansion of settlements in Kathmandu valley
which is 55 so close to this area. Secondly, the topography of the capital city of
Kathmandu valley is like a pit surrounded on all four sides by mountains.
Godavari area is located just fifteen kilometers away from the capital. It is
necessary to pay serious attention to pollution caused to the environment of this
area by dust, smoke, diesel and petrol which serve as biological fuel and the use
of various means of modern transportation which emit various types of gas.
Human beings need clean and healthy air for survival. But Kathmandu valley is
experiencing gradual reduction of its presence. It is natural that the dust and
smoke released from the use of explosive materials and the destruction of forests
caused by quarrying of the mountains further exert negative impacts on
environmental pollution. The written reply of respondent Godavari Marble
Industries has also raised the issue that the writ petitioner has failed to mention
the data of how many animals died, or were displaced or became extinct. It is not
so easy matter rather it is an issue which can be concluded on the basis of
circumstantial facts. In fact, dense forest means an area where wild animals and
birds can freely move and roam and also a palace of their habitation where they
can live without any fear. It is natural that explosions, unnecessary movements of
human beings, big sounds and ramblings in the vicinity of such a forest are likely
to cause troubles to those animals. It is also natural that such animals become
terrified by the movements of human beings and sounds of machines or they are
displaced or become extinct. It seems established from the study reports enclosed
with the case file that the Phulchowki hill situated in Godavari area is the highest
peak located in Eastern - Southern part of Kathmandu valley and a significant
area which causes rain in the valley. Moreover, such an important hill full of
greenery also looks very beautiful. Destruction of forest and excavation of
quarries in this area seem to be causing the danger of disappearance of the whole
mountain. After causing destruction of such incomparable gift of the Nature and
quarrying of minerals conducted by the respondents, it is unnatural in itself to
suppress the truth and advance a plea that reforestation and creation of artificial
mountains are possible. It is so because something gifted by the Nature cannot be
compensated by anything artificial. The analysis made above shows that the act of
quarrying of quarries in Godavari area shall destroy the beauty of Kathmandu
valley and result in destruction of biological diversity. So there is a need to
maintain environmental cleanliness, remove pollution from Kathmandu and
maintain greenery on the bare hills restoring again the destroyed forests. 56 On
the other hand Godavari Marble does not seem to have produced pure marble. It
has not been also sold or adequately used either. The marble imported from
abroad including India has covered the market. Even the supervision made by the
Court as per the earlier order has shown that marble has been produced in a very
lesser quantity and mostly broken marble has been produced whereas stones and
concrete have been produced in greater quantity. Similarly, even preliminary
environmental examination or environmental impact assessment has not been
made prior to starting the operation of the quarry Industry in such a sensitive
area. Besides, it also does not appear that the respondent Industries has paid
adequate tax, fees and royalty through which the State could receive significant
economic benefit. It cannot be deemed proper from any angle to show as if the
Industry had suffered loss when it was asked to pay revenue to the State, and thus
only a person always getting benefitted by it. On the other hand every quarry has
a definite age for conducting excavation. It is for this reason that the Mine and
Mineral Substances Act, 1985 and its Rules have provided for specifying the time
period while granting permission for operating a mine. Moreover, it cannot be
just and reasonable to grant permission continuously to only one person for a
thing like mineral asset of which the State is a trustee. The written reply submitted
by the respondent Industry shows that it has been conducting the act of quarrying
in the Godavari hill continuously ever since the Rana period. Even from that
account, this Marble Industry seems to have already crossed 100 years. The
present respondent has also completed thirty years of acquiring ownership of the
Industry. Thus when it appears that the term of the Industry has been extended
granting permission to the same person for a longer period and, that too, by
evading the reality of the existing dispute resulting from the registration of a case
in the Court, such an act cannot be deemed proper. Besides this, there are
mutually conflicting opinions among the Parliament, Nepal Government and its
bodies about whether or not to grant permission for operating the respondent
Industry. The studies conducted by Ministry of Forest and its subordinate
departments have also concluded that no quarrying of minerals should be allowed
in the forest area of Godavari which is of national importance and full of
biological diversity. On the basis of those studies the Ministry of Forest had also
made a decision on Ashwin 19, 2065 (2008) to close down respondent Marble
Industry. However, that decision could not prevail for long and after sometime it
was decided to allow the Industries to operate as per the directive of the
Parliamentary Committee. The Ministry of Forest and the Forest Department
have contended in their replies for the 57 closure of the Industries whereas the
Ministry of Industries and its subordinate Mines Department seem to be in favor
of letting the operation of the mine to continue. The plea advanced in favor of the
respondent Industries in the written reply presented by the Department of Mines
clearly shows that there is no unanimity of opinions on this matter among the
organizations of Nepal Government. The Legislature and the Executive and the
various agencies under the Executive have different viewpoints in regard to
whether or not any Industry causing deterioration to biological diversity and
environment should be allowed to operate or be closed down. This clearly shows
that the biological diversity protection has not been implemented effectively. If
there is a conflict of interests between different agencies of the State in this
regard, it is sure that it is not the State rather some other person who will derive
benefit from. Therefore, there must be only one collective opinion of the State
regarding a sensitive matter like environment. It does not look decent that the
Parliament and another agency of the Government itself hold one type of opinion
about such an important issue and another agency holds quite a different opinion,
and thus they indulge in the game of ‘hide and seek’ regarding opening and
closure of the Industries. In totality, the continued existence of every creation or
object of the Nature has its own natural reason and significance. Every object has
its own different norms and values. It cannot be acceptable to dismantle the basic
norms and values of the Nature for the sake of some body’s vested objective or
financial interest. The things like air, water, forest and biological diversity which
are interlinked to identity and existence of the Nature have not been made only for
one generation. They should not be allowed to decay on any pretext. Nobody can
claim to have freedom to destroy the basic form and norms of the Nature and its
constituents and their norms in the name of development. The benefits resulting
from development activities cannot be compared to the value of the gifts given by
the Nature. So even if any significant profit is likely to accrue from physical
development activities, no activity causing negative impact or destruction of the
Nature and environment should be allowed to continue. As we cannot talk about
destroying our snow capped mountains (Himal) and hills or filling up the seas for
the sake of any development or economic benefit, similarly the value of biological
diversity cannot be exchanged with marble or stone and concrete. There can be
no price for the religious and cultural heritage, biological diversity, birds,
insects, butterflies and vegetation exposed to extinction and eco-system and
natural beauty of Godavari area. Because such invaluable natural heritage is
worth protecting and worthy of preservation even for the distant posterity, not
marble, even if 58 gold or diamond is to become available, not to talk of
destroying a life giving hill like Godavari which is full of biological diversity, one
cannot be allowed to even scratch it. Now, the last question needs to be decided
whether or not the order as prayed for by the petitioners should be issued, and if
so, what type of order should be issued. Perusal of the contents of the writ petition
shows that the petitioners have contended that since respondent Department of
Mines and Geology had made a decision on Poush 23, 2067 (2010) to extend the
term of Godavari Marble Industries Pvt. Ltd. for quarrying of minerals for a
further period of 10 years effective from the date of expiration of the term despite
pendency of the Writ Petition No. 3394 (Full Bench 005), the impugned decision
was arbitrary, mala fide and unlawful. So the petitioners prayed for the issuance
of an order in the name of the respondents to suspended the act of quarrying
being conducted by respondent Godavari Marble Industries and cancel its permit
for quarrying, to declare it as a prohibited area, to make arrangements requiring
the Industries to pay compensation for the damage suffered by the farmers on
account of the Industries, and, in order to revert that area to its prior condition,
to cause the respondent Godavari Marble Industries to reimburse the expenses
incurred in the process in accordance with the recognized principle of ‘polluters
pay principle’. In the written replies submitted by the respondents including
Godavari Marble Industries, it has been contended that only because the said
case was sub judice it cannot be said that the Industry cannot carry out its
activities. The Industries has been adopting adequate measures in regard to
environmental protection. The permit for conducting mineral activities should not
be cancelled as the Industry has done nothing to destroy the environment of that
area. Section 12 of the Mine and Mineral substances Act, 1985 has granted the
power to the Department of Mines to declare some area as a mineral activity
prohibited area whereas Nepal Government has been empowered by Section 27 to
suspend mineral activity and to cancel the permit, and therefore, such a power
cannot be exercised by the Court. Even while cancelling the permit in that way,
reasonable damage shall have to be paid to the Industries pursuant to Section
27(2). As the local residents have not approached the Court claiming that the
Industry has caused any harm, damage cannot be assessed and paid through a
PIL petition, and therefore, the writ petition should be dismissed. Latest concepts
emerging at the international level in the context of environmental justice, the
jurisprudential values developed by this Court, the environmental and cultural
significance of Godavari area and the impacts caused by 59 respondent Godavari
Marble Industry on that area as well as the relevant existing constitutional and
legal provisions have been extensively analyzed above serially in course of
addressing the first to the fourth issues. The learned counsels appearing on behalf
of respondent Marble Industry have raised the issue that the Industry should be
also allowed to exercise the right to conduct business in accordance with the law,
and compensation should be granted in case it is closed down. However, the
present writ petition is not the appropriate forum for resolution of that issue. As
the Industry is competent to stake claim and seek remedy in this regard as per the
law, the aforesaid issue cannot be resolved through this writ petition. On the
basis of an overall analysis of the above discussed theoretical concepts, objective
realities and the existing constitutional and legal provisions, there seems to be no
dispute that the agenda of pollution control and environmental protection is not
an agenda of any specific country rather it is an issue of collective interest,
concern ad obligation of the world community as a whole. Moreover, to say that
the development activities should be totally stopped for the sake of environmental
protection is also tantamount to causing obstruction to society’s road to economic
development. Therefore, there can be also no dispute about moving forward in the
direction of sustainable development striking a balance between development and
environment. There have been some assumptions that in order to strike a balance
between development and environment the harms resulting from environmental
pollution should not outweigh the benefits resulting from development activities;
the benefits of development should not be confined only to a specific class or
individual rather it should be distributed in a wider and equitable manner and the
transfer of natural means and resources should be ensured for the future
generation without subjecting them to excessive exploitation. Similarly, right from
the time of resolution of the dispute similar to the issues raised in the present
petition nearly 27 years back, this Court has been displaying its serious concerns
and interest in regard to environmental protection. Different types of orders and
directives have been issued in the name of responsible bodies including Nepal
Government in respect of various issues relating to environmental protection such
as pollution of Bagmati River, smoke and dust emitted from brick kilns, impacts
caused on the environment by the means of vehicular transportation including
Bikram Tempos, management of the smoke and discharge of dirty water from
Paper Industries, protection of the areas of historical and cultural significance,
biological diversity and wet lands. 60 Phulchowki-Godavari area, where the
respondent Godavari Marble Industries is located, has remained a living museum
on account of its climate, biological diversity, natural beauty, geographical and
geological position, eco-system, rare animals, vegetation, birds, butterflies etc.
Also on account of the presence of a flower garden, the national herbarium,
centers for research and study of fisheries and bees and domestic center of
ICIMODE in this area, there is also strategic significance of protection of the
biological diversity of this area. Moreover, due to the presence of hermitage and
temples, natural caves, Budha monasteries, fountains and kunds (ponds) where a
fair takes place every twelve years, this area also enjoys great historical and
cultural significance. Moreover, Godavari Marble Industries also seems to have
adopted some measures for minimizing the harms. But the efforts for reform have
proved colorless in the context of the biological, geographical and geological
significance of Godavari area, where the Industry is situated. Moreover, the
quality and storage of marbles of that area are not good; excessive quarrying is
required for lesser quantity of marbles; and the respondent Industries seems to be
functioning more as a stone Industry rather than as a marble Industry. In
comparison to the limited employments given by the respondent Industry and the
revenue paid by it, the harms caused to that area seem to be irreparable. Hence,
since its protection seems to be indispensable in the wider interest of the human
race, it does not look reasonable to continue further the development activities.
Article 12(1) and Article 16 (1) of the Interim Constitution of Nepal, 2007 have
placed respectively the right to live with dignity and the right to live in a clean
environment as fundamental fights. In order to maintain a clean environment,
Article 35 (2) of the Constitution has prescribed a State Policy to work for
balanced and sustainable development also protecting biological diversity.
Section 11a of the Mine and Mineral Substances Act, 1985 has prohibited causing
adverse impacts on the environment while conducting mineral works, and such
impacts have been specified by Rule 32 of the Mine and Mineral Substances
Rules, 1999. The activities of the respondent Industry seem to have also caused
significant adverse impacts on the environment of Godavari area. Moreover, as
Section 12 of the Act has provided for declaring an area of public good and
historical significance as a mineral activity prohibited area, this area needs to be
developed in the form of a protected area. Therefore, in the context of the above
mentioned ideological concept of environmental justice, the judicial principles
laid down by this Court regarding environmental protection, the relevant
constitutional and legal provisions, the biological 61 significance of Phulchowki -
Godavari area and also the adverse impacts caused by the activities of the
respondent Marble Industry on the environment of that area, the following orders
are hereby issued in the name of the respondents pursuant to clause (2) of Article
107 of the Interim Constitution of Nepal 2007: a) The decision made by the
Department of Mines and Geology on Poush 23, 2067 (2010), despite the case
being sub judice in this Court, to extend the term of operating the mine until 2021
(2078 BS) and all the activities related thereto are quashed by an order of
certiorari.
b) Due to Phulchowki-Godavari area’s climate, biological diversity, natural
beauty, geographical and geological topography, eco-system and historical,
religious and cultural significance, conducting mine and mineral work in that
area appears contradictory to public good as per Sub-Section (1) of the Mine and
Mineral Substances Act, 1985 and Section (d) of Rule 43 of the Mine and Mineral
Substances Rules, 1999. So an order of continuous mandamus is hereby issued in
the name of respondents Nepal Government, Office of the Prime Minister and
Council of Ministers, Ministry of Industries, Commerce and Supply and
Department of Mines and Geology to declare, pursuant to Section 12(1) of the
said Act the Godavari area as a prohibited area regarding mineral work and to
halt and, cause to be halted, mineral work with immediate effect, and not to grant
from now on such permission to anybody.
c) An order is further issued in the name of respondent Prime Minster and the
Council of Ministers to constitute a committee comprising the representatives of
Ministry of Forest, Ministry of Environment and Department of Mines and
Geology and at least two experts to conduct and, to get conducted, research and
study within six months of receiving this order in order to identify the accurate
and actual status of the adverse impacts on the ground level and the damage
caused to the environment and biological diversity as a result of mine and
mineral works conducted for long by respondent Godavari Marble Industry and,
minimizing the negative impacts caused by it, to declare the activities relating to
protection and improvements required for taking this area back to its earlier
natural State, and also to declare the said area as a protected area or Reserve or
park whatsoever seems appropriate, and to submit its recommendations about
making necessary law and policy related provisions, programs and the
management of necessary means and resources.
d) Taking into consideration the recommendations made by the above mentioned
Committee, while determining the boundary between the human settlement and
the significant Phulchowki-Godavari area which is enriched with climate,
biological diversity, natural beauty, geographical and geological topography,
eco-system, rare and threatened flora and fauna and its historical, religious and
cultural significance, an order of Mandamus is hereby issued in the name of
Nepal Government, Office of Prime 62 Minister and the Council of Ministers, the
Ministry of Population and Environment and the Ministry of Forest and Soil
Conservation to prepare a map of all this and declare that area as a protected
area pursuant of Section 10(1) of the Environment Protection Act, 1996 or
Reserve or Park according to any other law or whatsoever it deems appropriate
within one year from the date of receiving this order.
e) Until the Completion of the tasks within the time limit as mentioned in
aforesaid columns (b), (c) and (d), the Ministry of Environment and the Ministry
of Forest should be instructed to submit updated progress reports every three
months.
f) Let the order be sent to the concerned bodies through the Office of Attorney
General, and its continuous monitoring should be done by the Monitoring and
Inspection Division of this Court. S/d (Sushila Karki) Justice We concur with the
aforesaid opinion. s/d s/d (Gobinda Kumar Upadhaya) (Jagdish Sharma Poudel)
Justice justice Bench officer: Bishwanath Bhattarai Computer Typing:
Ramsharan Timilsena Done on April 16, 2015
 निर्णय नं. ९५७५ - उत्प्रेषण / परमादेश
भाग: ५८ साल: २०७३ महिना: श्रावण अंक: ४

फै सला मिति :२०७२/०१/०३ ३८६३

सर्वोच्च अदालत, पूर्ण इजलास

माननीय न्यायाधीश श्री सुशीला कार्की

Appendix – I (Godabaro marble case- in Nepali)
माननीय न्यायाधीश श्री गोविन्दकु मार उपाध्याय
STUDY MATERIALS- 17
माननीय न्यायाधीश श्री जगदीश शर्मा पौडेल
आदेश मिति : २०७२।१।३।५
०६५-WF–०००५
विषयः उत्प्रेषण / परमादेश
निवेदक : जनहित संरक्षण मञ्च र आफ्नोतर्फ बाट काठमाडौं जिल्ला, काठमाडौं महानगरपालिका
वडा नं.१४ कु लेश्वर बस्ने अधिवक्ता प्रकाशमणि शर्मासमेत
विरूद्ध
विपक्षी : नेपाल सरकार, मन्त्रिपरिषद्को सचिवालय सिंहदरबार काठमाडौंसमेत
प्रकृ तिका हरेक सिर्जना वा वस्तुको अस्तित्व रहिरहनुमा आ-आफ्नै प्राकृ तिक कारण र महत्त्व हुन्छ
। हरेक वस्तुको पृथकपृथक मूल्य र मान्यता रहेको हुन्छ । कसैको निहित उद्देश्य वा आर्थिक
स्वार्थका निमित्त प्राकृ तिक मूल्य मान्यता भत्काउने कु रा स्वीकार्य हुन
सक्दैन । प्रकृ तिको पहिचान र अस्तित्वसँग जोडिएर रहेका हावा, पानी, वनजंगल र जैविक
विविधता जस्ता विषयहरू कु नै एक पुस्तामात्रका लागि बनेका होइनन् । तिनको कु नै पनि बहानामा
क्षयीकरण हुन दिनु हुँदैन । विकासको नाममा प्रकृ ति तथा यसका अवयवहरूको आधारभूत स्वरूप
वा मान्यता समाप्त गर्ने छु ट कसैलाई पनि हुँदैन । प्रकृ तिले दिएका उपहारको मूल्यसँग विकासका
क्रियाकलापले दिने लाभको तुलना हुन सक्दैन । त्यसैले भौतिक विकासका क्रियाकलापबाट कु नै
ठूलै लाभ हुने रहेछ भनेपनि प्रकृ ति र वातावरणलाई नकारात्मक प्रभाव पार्ने वा विनास गर्ने
क्रियाकलापले निरन्तरता पाउन नहुने ।
(प्रकरण नं.१५५)
जसरी हामी कु नै विकास वा आर्थिक लाभका निमित्त हाम्रा अमुल्य ऐतिहासिक धरोहर भत्काउन
वा पुर्ने कु रा गर्न सक्दैनौं, त्यसरी नै जैविक विविधताको मूल्यलाई मार्वल वा रोडा ढुंगासँग साटन
सकिन्न । गोदावरी क्षेत्रको धार्मिक र सांस्कृ तिक सम्पदा, जैविक विविधता, लोप हुने अवस्थामा
रहेका चराचुरूङ् गी, पुतली, वनस्पति, पारिस्थितिकीय प्रणाली तथा प्राकृ तिक सौन्दर्यताको कु नै
मूल्य छैन । यस्ता अमूल्य प्राकृ तिक सम्पदाहरू सुदूर पुस्तासम्मका लागि संरक्षणीय र संग्रहणीय
हुँदा मार्वल होइन सुन वा हिरा नै पाइन्छ भने पनि गोदावरी जस्तो जैविक विविधताको संजीवनी
पहाड खोस्रन र भत्काउन नपाइने ।
(प्रकरण नं.१५६)
गोदावरी क्षेत्रको उल्लिखित जैविक, भौगोलिक र भूर्गभिक महत्त्वले गर्दा सुधारका प्रयासहरू फिका
सावित भएका देखिन्छन् । साथै सो क्षेत्रको मार्वलको गुणस्तर तथा भण्डारण राम्रो नभएको, थोरै
मार्वल निकाल्न बढी मात्रामा ढुङ् गा उत्खनन् गर्नुपर्ने र विपक्षी उद्योगले मार्वलभन्दा पनि ढुङ् गा
उद्योगका रूपमा काम गरिरहेको देखिएको छ । विपक्षी उद्योगले प्रदान गरेको सीमित रोजगारी र
बुझाएको राजश्वको तुलनामा पर्यावरणीय दृष्टिकोणबाट अति संवेदनशील सो क्षेत्रमा परेको क्षति
अपुरणीय देखिएको हुँदा त्यसको संरक्षण गर्नु नै मानव समुदायको बृहत हितको लागि अपरिहार्य
भएकोले विकासका क्रियाकलापहरू अघिबढाई रहनु कु नै पनि दृष्टिकोणबाट न्यायोचित नदेखिने ।
(प्रकरण नं.१६६)
फू लचोकी गोदावरी क्षेत्रको जलवायु, जैविक विविधता, प्राकृ तिक सौन्दर्यता, भौगोलिक र
भौगर्भिक अवस्था, पारिस्थिकीय प्रणाली र ऐतिहासिक, धार्मिक, सांस्कृ तिक महत्त्वसमेतका कारण
त्यस क्षेत्रमा खानी तथा खनिज कार्य सञ्चालन गर्नु खानी तथा खनिज पदार्थ ऐन, २०४२ को दफा
२७ को उपदफा (१) र खानी तथा खनिज पदार्थ नियमावली, २०५६ को नियम ४३ को देहाय (घ)
अनुसार बृहत सार्वजनिक हित प्रतिकू ल हुने देखिएकोले सोही ऐनको दफा १२(१) बमोजिम
गोदावरी क्षेत्रलाई खनिज कार्यका लागि निषेधितक्षेत्र घोषणा गरी खानी कार्य तत्कालैदेखि बन्द गर्नू
गराउनू र अब उप्रान्त कसैलाई पनि त्यस्तो अनुमति नदिनू भनी विपक्षी नेपाल सरकार प्रधानमन्त्री
तथा मन्त्रिपरिषद्को कार्यालय, उद्योग वाणिज्य तथा आपूर्ति मन्त्रालय र खानी तथा भूगर्भ
विभागका नाउँमा निरन्तर प्रकृ तिको परमादेश (Continious Mandamus) जारी हुने ।
(प्रकरण नं.१६९ क)
निवेदकका तर्फ बाट : वरिष्ठ अधिवक्ता डा. सूर्यप्रसाद शर्मा ढुंगेल, विद्वान्‌अधिवक्ताहरू प्रकाशमणि
शर्मा, दिनमणी पोखरेल, कविता पाण्डे
विपक्षीका तर्फ बाट : सहन्यायाधिवक्ता किरण पौडेल, विद्वान्‌वरिष्ठ अधिवक्ताहरू शम्भु थापा,
सुशील पन्त, बोर्णबहादुर कार्की, विद्वान्‌अधिवक्ताहरू बालकृ ष्ण ढकाल, मोतिकला सुब्बा देवान,
नरेन्द्र पाठक, रमणकु मार श्रेष्ठ, शारदाप्रसाद कोइराला
रिट निवेदनको कारबाहीमा सरोकार देखाई सरिक भएका पक्षबाट : विद्वान्‌अधिवक्ता टंकप्रसाद
दुलाल
अवलम्बित नजिर :
सम्बद्ध कानून :
खानी तथा खनिज पदार्थ ऐन, २०४२ को १२(१), दफा २७ को उपदफा (१)
खानी तथा खनिज पदार्थ नियमावली, २०५६ को नियम ४३ को देहाय (घ)
वातावरण संरक्षण ऐन, २०५३ को दफा १०(१)
आदेश
न्या.सुशीला कार्की : तत्कालीन नेपाल अधिराज्यको संविधान, २०४७ को धारा ८८(२) बमोजिम
यस अदालतसमक्ष दायर भई संयुक्त इजलासका माननीय न्यायाधीशहरूबिच मतैक्यता हुन नसकी
सर्वोच्च अदालत नियमावली, २०४९ को नियम ३(१)(क) बमोजिम यस पूर्ण इजलाससमक्ष पेस
हुन आएको प्रस्तुत रिट निवेदनको संक्षिप्त तथ्य एवं आदेश यसप्रकार छः
रिट निवेदनको व्यहोरा
राष्ट्रिय सम्पदाको रूपमा रहेको प्राकृ तिक स्रोत आम नागरिकहरूको साझा सम्पत्ति भएकोले त्यस्तो
सम्पत्तिको संरक्षण गर्ने संवैधानिक तथा कानूनी दायित्व राज्यको हो । कु नै क्षेत्रमा भौतिक
विकासका क्रियाकलापहरू सञ्चालन गर्दा सो क्षेत्रको वातावरण एवं दुर्लभ वन्यजन्तु, वन र
वनस्पतिको विशेष संरक्षण राज्यले गर्नुपर्ने दायित्व नेपाल अधिराज्यको संविधान, २०४७ को धारा
२६(४) ले राज्यलाई सुम्पेको
छ । त्यसैगरी उक्त संविधानको धारा १२(१) ले जिउने अधिकारअन्तर्गत स्वच्छ र स्वस्थ्य
वातावरणको मौलिक हक प्रत्याभूत गरेको छ । सो तथ्यमा सूर्यप्रसाद ढुंगेल विरूद्घ गोदावरी मार्वल
उद्योगको मुद्दामा
(ने.का.प.२०५२ स्वर्ण शुभजन्मोत्सव विशेषाङ् क) सिद्धान्तसमेत प्रतिपादन भएको छ । विकासको
आधारशीला उद्योग भएपनि उद्योग सञ्चालन गर्दा प्राकृ तिक सम्पदासमेतको संरक्षण गर्न
आवश्यक छ । प्राकृ तिक सम्पदाको संरक्षण गर्न पाउने हक व्यक्तिको नैसर्गिक अधिकारसमेत हो ।
तर गोदावरी क्षेत्रको प्राकृ तिक सम्पदा, दुर्लभ वन्यजन्तु, वन, वनस्पति, जैविक विविधता,
वातावरणीय स्वास्थ्य एवं धार्मिक, सांस्कृ तिकलगायत सार्वजनिक हक हितमा असर पुग्ने किसिमले
उक्त क्षेत्रमा स्थापना भई सञ्चालनमा रहेको गोदावरी मार्वल उद्योगको उद्योग सञ्चालनको
समयावधी १० वर्ष २०५८ देखि २०६८ सम्म बढाउने गरी मिति २०५३।७।११ मा भएको
निर्णयबाट संवैधानिक एवं कानूनी हक हनन् हुन गएको हुँदा निम्न व्यहोरामा निवेदन गरेका छौं ।
काठमाडौं उपत्यकाको उच्च पहाड फू लचोकी गोदावरी क्षेत्र १५१५ मिटरदेखि २७१५ मिटर
उचाइसम्म तथा ५० वर्ग कि.मी.क्षेत्रमा फै लिएको प्राकृ तिक सम्पदाको रूपमा परिचित छ । यस
क्षेत्रमा राष्ट्रिय फू ल लालीगुराँसको एउटै प्रजातिको बोटमा रातो, गुलावी र सेतो गरी तीन रङ्‍गको
फू ल फु ल्ने लगायत ५७१ प्रजातिका फू ल फु ल्ने रूख र सुनगाभासमेत १५ प्रजातिका घाँस जाति
पाइने हुँदा यो क्षेत्र अनुसन्धानको लागि महत्त्वपूर्ण मानिएको छ । सो कु रा गोदावरी क्षेत्रको वन
सम्पदाको बारेमा चराहरूको संरक्षणसम्बन्धी अन्तराष्ट्रिय संस्थाले गरेको अध्ययन प्रतिवेदनमा
उल्लेख छ । यस क्षेत्रमा विभिन्न ३०० प्रजातिका पुतली, २५४ प्रजातिका चराहरू, रतुवा मृग,
चित्तल, चितुवा, दुम्सी सालक र विराला छन् । ५७१ किसिमका (Angiosperms), २ किसिमका
(Gymnosperms) र ८० प्रजातिका सुन्दर पात भएको रूख प्रणाली र त्यसका जातिहरू (ferns
and fern allies) पाइने कु राको पुष्टी International Council for Birds
Preservation,१९९१ (पृष्ठ ५) ले गरेको छ । गोदावरी क्षेत्रको फू लचोकी डाँडा काठमाडौंमा
मनसुन प्रवेश हुने प्रमुख स्थान भएको सो क्षेत्रमा जलस्रोतका लागि प्रख्यात पाँच धारा र नौ धारा
वरिपरिका क्षेत्रलाई सन् १९५० को दशकमा गोदावरी कु ण्ड भनी नामाकरणसमेत गरिएको छ ।
बाह्रवर्षे मेला, देवी देवताका मठ मन्दिरलगायत लगभग विभिन्न धार्मिक तथा सांस्कृ तिक
आस्थाका धरोहर के न्द्र रहेको उक्त स्थान धार्मिक तथा सांस्कृ तिक सम्पदाको अपारताले निपुण हुँदा
सोको विशेष संरक्षण हुनुपर्छ भनी स्वयं नेपाल सरकार र संयुक्त राष्ट्र संघ र युनेस्कोले अध्ययन गरी
सिफारिस गरेको छ ।
मार्वलको पारिस्थिकीय प्रणाली खानी क्षेत्र, दुर्लभ वन्यजन्तु तथा वनस्पतिका लागि उपयुक्त
वासस्थान हुने र तिनीहरू त्यही क्षेत्रमामात्र बस्न सक्ने तथा त्यस्ता क्षेत्रमा गरिने विकास निर्माणका
कार्यबाट त्यस्ता वन्यजन्तु एवं वनस्पतिको नाश हुने कु रा विश्व बैंकबाट अध्ययन गरिएको
प्रतिवेदनबाट पुष्टि हुने हुँदा सोको सान्दर्भिक अंश उद्धृत गरेका छौं ।
The biodiversity of limestone ecosystems, both surface and cave systems, is
highly characteristic and restricted, comprising species able to cope with the
highly alkaline environment due to the abundance of calcium carbonate,
species that can endure the severity of exceedingly dry soil conditions over
part of the year, and species confined to, or found primarily in, limestone
caves. Some are confined to single hills or cave systems. Many of the species
concerned are relatively small, little known, and are rarely included in lists of
protected species, which tent to focus on the larger and more conspicuous
species. Extinction of limestone-restricted species as a result of economic
development have already been recorded, and the status of other species is
perilous (Haap vermeulen and Tony Whitten (१९९९), Biodiversity and
Cultural Property in the Management of Limestone Resources, Lessons from
East Asia, The World Bank)
गोदावारी क्षेत्रमा मार्वल उद्योगको बारेमा विशेषज्ञले गरेको अध्ययनमा “If Phulchowki’s
forests and their wildlife are to continue to survive, action must come soon; the
quarries must be closed and Phulchowki designated a protected area. At the
present rate of destruction, the stage will be reached in the foreseeable future
where many species will disappear. Even if the trees were to recover some of
the forest inhabitants would take many years to recolonize and other would
never do so.” (Carolo Lanskipp and Tim Lanskipp cited above, p. ७४) भन्ने
उल्लेख हुँदा उक्त स्थान जैविक विविधताले भरिपूर्ण, विभिन्न प्रजातिका जिवजन्तुको वासस्थान,
वनस्पति, धार्मिक तथा सांस्कृ तिक सम्पदाले ओतप्रोत त्यस्तो स्थानमा मार्वल कारखाना स्थापना
गरी जैविक विविधतामा प्रतिकू ल असर पुर्‍याउनु नकारात्मक पक्ष हो । किनकी जैविक विविधतामा
ह्रास आएमा त्यसको परिपूर्ति हुन सक्दैन, यसको प्रत्यक्ष असर वर्तमान अवस्थामा मात्र नभई भावी
पुस्तामा समेत पर्दछ । त्यसकारण गोदावरीमा सञ्चालित मार्वल कारखानाको म्याद २०५८
माघसम्म मात्र हुँदा म्याद थप नगरी गोदावरी क्षेत्रको जैविक विविधताको संरक्षण गरिनु पर्दछ ।
२०२३ सालदेखि सञ्चालन भइरहेको मार्वल उद्योगका कारण गोदावरी क्षेत्रमा परिरहेका
नकारात्मक पक्षका सम्बन्धमा भू-तथा जलाधार संरक्षण विभागअन्तर्गतको वातावरणीय प्रभाव
आयोजनाद्वारा तयार गरेको गोदावरी क्षेत्र वातावरणीय सिंहावलोकन प्रतिवेदन, २०४५ ले स्पष्ट
गरेको छ । यसैगरी प्राकृ तिक तथा सांस्कृ तिक सम्पदा संरक्षण परिषद्‌द्वारा तयार गरेको गोदावरी क्षेत्र
वातावरणीय अवस्थाबारे छानबिन प्रतिवेदन, २०४९ मा समेत सो कु रा उल्लेख छ । ती
प्रतिवेदनहरूमा देहायको कु रा उल्लेख छः
(१) वन्यजन्तु तथा दुर्लभ वनस्पतिहरू लोप हुन सक्ने,
(२) भू-दृश्य, सौन्दर्यतथा प्राकृ तिक वातावरणको सन्तुलनमा समेत प्रतिकू ल प्रभाव परेको,
(३) प्रतिवर्ष करीव १०० हेक्टर जङ् गलमा प्रत्यक्ष असर परेको,
(४) ब्लाष्टिङ् गको कारणले दुर्लभ पुतली तथा चराहरू लोप हुने क्रम बढेको र सो ब्लाष्टिङ् गको
आवाजले गोदावरी क्षेत्र नजिक रहेको अन्य क्षेत्रसमेतका वन्यजन्तुलाई असर पर्न जानुको साथै
मौसमअनुसार अन्यत्रबाट बसाईंसरी आउने चराहरूको संख्यामा पनि दिन प्रतिदिन घट्ने क्रम बढ्दै
गएको,
(५) रूखको कटानी, भू-उत्खनन, विष्फोट, ढुङ् गा ड्रिलिङ आदि क्रियाकलापले पर्यटकहरूमा
प्रतिकू ल असर परेबाट पर्यटन विकासका लागि त्यसक्षेत्रमा कु नै कार्यक्रम ल्याउन कठिनाई भएको,
(६) उद्योगको कारण कृ षिजन्य भूमिलाई अनुत्पादक बनाएको र सोबाट करिब वार्षिक रू. ३२
लाख बराबरको खाद्यान्न बाली ह्रास हुँदै गएको,
(७) पानीको प्रदूषणको मात्रा र वायु प्रदूषणको मात्रा अधिक रहेको,
(८) प्राकृ तिक सुन्दरता गुमेको कारणबाट पर्यटनक्षेत्रको विकासमा प्रत्यक्ष असर परेको,
(९) गोदावरी क्षेत्रको पारिस्थितिक प्रणाली सन्तुलन गर्न विकास निर्माणका कार्य तुरून्त बन्द गरी
संरक्षितरूपमा विकास गरिनु
पर्ने ।
त्यस्तै २०४७ सालमा वन तथा भूसंरक्षण मन्त्रीबाट गठित ३ सदस्यीय आयोगले प्रस्तुत गरको
सुझाव प्रतिवेदनमा देहायको कु रा उल्लेख छः
(१) गोदावरी मार्वल उद्योग तुरून्त बन्द गर्ने,
(२) गोदावरी फू लचोकी क्षेत्रलाई अनुसन्धानशाला तथा पर्यटकलाई आकर्षण गर्ने गरी विकास गर्ने,
(३) त्यसक्षेत्रमा वातावरणमा असर पर्ने अन्य विकास कार्यक्रम सञ्चालन हुन नदिने र
फू लचोकीको डाँडामा कु नै पनि भौतिक विकास गर्न नदिने र हाल भएकालाई पनि अविलम्ब रोक
लगाउने,
(४) उक्त क्षेत्रलाई गोदावरी फू लचोकी राष्ट्रिय निकु ञ्ज घोषणा गर्नुपर्ने ।
यसै सन्दर्भमा तत्कालीन वन तथा वातावरण राज्यमन्त्रीसमेत रहेको ५ सदस्यीय कार्यदलले मिति
२०५०।१।८ मा गरेको निर्णयमा गोदावरी फू ल्चोकी क्षेत्रलाई संरक्षण क्षेत्र बनाउने, गोदावरी मार्वल
खानी उद्योग सञ्चालन गर्न इजाजत पाइसके को हुनाले कम्पनीलाई प्रचलित ऐन नियमका
अधीनमा रही तोकिएको सर्त पालना गर्ने गरी उद्योग सञ्चालन गर्नदिने र उद्योगले कु नै पनि बखत
खानी सञ्चालन र खनिज तथा वातावरण संरक्षणसम्बन्धी ऐन नियमका सर्तहरू वर्खिलाप काम
गरेमा वा खनिज तथा वातावरणीय संरक्षण गर्नको लागि समयसमयमा दिइएको आदेशहरूको
पालना नगरेमा खानी इजाजत रद्द गरी उक्त मार्वल खानी उद्योगको सञ्चालन बन्द गरिदिने उल्लेख
छ।
सूर्यप्रसाद ढुंगेल विरूद्घ गोदावरी मार्वल उद्योगको मुद्दामा (ने.का.प.२०५२ स्वर्ण शुभजन्मोत्सव
विशेषाङ् क, पृ.१६९) सर्वोच्च अदालतले गोदावरी क्षेत्रको पर्यावरण संरक्षण जस्तो संवेदनशील,
राष्ट्रिय र अन्तर्राष्ट्रिय महत्त्वको विषयमा प्रभावकारी र सन्तोषजनक उपचारात्मक कार्य पनि भएको
नदेखिँदा उपयुक्त कु रासमेतलाई मध्यनजर राखी गोदावरी क्षेत्रको पर्यावरण प्रभावकारीढंगले
संरक्षणतर्फ कारबाही गर्न, खानी तथा खनिज पदार्थ ऐन, २०४२ लागू गर्न, वायु, जल, ध्वनी एवं
पर्यावरण संरक्षण गर्न आवश्यक कानून तर्जुमा हुन र गोदावरी क्षेत्रको पर्यावरण प्रभावकारी ढङ्‍गले
संरक्षणतर्फ कारबाही गर्न विपक्षीहरूका नाउँमा मिति २०५२।७।१४ मा निर्देशनात्मक आदेश जारी
गरेबाट त्यसक्षेत्रको संरक्षण गरिनुपर्ने तथ्यमा राज्य, सरकार सचेत रहनु जरूरी भएकोमा उक्त
आदेशको पालना नगरी खानी सञ्चालनको अवधि ५ वर्ष बाँकी रहँदा रहँदैको अवस्थामा उद्योग
वाणिज्य तथा आपूर्ति मन्त्रालय र खानी तथा भूगर्भ विभागले मार्वल उद्योग सञ्चालनको अवधि
२०५८ आषाढ २७ गतेबाट २०६८ सालसम्म बढाउने गरी गरेको निर्णय संविधान एवं प्रचलित
नेपाल कानून र अदालतको आदेशविपरीत भएकोले त्यस्तो निर्णय एवं काम कारबाही तत्काल
बदर गर्नुपर्ने र त्यसले निरन्तरता नपाउनु पर्ने जिकिर निम्न प्रकरणमा उल्लेख गर्न चाहन्छौः-
(क) नेपाल अधिराज्यको संविधान, २०४७ को धारा २६ को उपधारा (४) मा “भौतिक
विकाससम्बन्धी क्रियाकलापहरूद्वारा वातावरणमा पर्न जाने प्रतिकू ल असरहरू पर्न नदिन एवं
वातावरणको संरक्षण गर्न राज्यले प्राथमिकता दिने छ र दुर्लभ वन्यजन्तु वन र वनस्पतिको विशेष
संरक्षण गर्ने व्यवस्था गर्नेछ” भन्ने उल्लेख भई राज्यको संवैधानिक दायित्व तोके को छ । राज्यको
निर्देशक सिद्धान्त तथा नीतिहरू अदालतबाट लागू गर्न नसकिने भएपनि यदि सरकारले संविधानमा
व्यवस्थित राज्यका निर्देशक सिद्धान्त तथा नीतिहरू विपरीत गएर निर्णय गर्छ भने त्यस्तो अवस्था
औंल्याउन नसकिने होइन (योगी नरहरिनाथ विरूद्ध प्रधानमन्त्री गिरिजाप्रसाद कोइरालासमेत
ने.का.प.२०५३ अंक १ पृ.३३) भनी प्रतिपादित न्यायिक सिद्धान्तसमेतको रोहमा माथि उल्लेख
भएबमोजिम विपक्षी गोदावरी मार्वल इण्डष्ट्रिजले उपरोक्त धारा २६(४) को विपरीत गोदावरी
क्षेत्रको वातावरण र जैविक विविधतामा ह्रास गरिरहेको र त्यस्तो कार्य गर्नबाट रोक लगाउनुपर्ने
दायित्व भएका राज्यका प्रमुख अङ् गहरूले उक्त दायित्व पूरा नगरी गोदावारीक्षेत्रको सम्पदा विनाश
हुने गरी मार्वल उद्योग निरन्तररूपमा २०६८ सालसम्म सञ्चालन गर्न दिने गरी अवधि थप गर्ने
निर्णय धारा २६(४) को व्यवस्था र भावनाविपरीत छ ।
(ख) राष्ट्रिय सुरक्षा, ऐतिहासिक महत्त्व, सार्वजनिक हित र वातावरणमा प्रतिकू ल असर पर्ने त्यस्तो
क्षेत्रमा कु नै उद्योग वा खानी स्थापित गर्न निषेधित गर्न वा सञ्चालित भइरहेका कु नै उद्योग वा खानी
रोक्का गरी खनिज कार्य गर्ने अनुमति रद्द गर्न सक्ने गरी खानी तथा खनिज पदार्थ ऐन, २०४२ को
दफा १२(१), २७(१) तथा खानी तथा खनिज पदार्थ नियमावली, २०५६ को नियम ४३ को देहाय
(घ) मा कानूनी व्यवस्था गरेको छ । सोही नियमावलीको नियम १९ को देहाय (ख) मा “उत्खनन
कार्य गर्दा वातावरणमा सके सम्म न्यूनतम् प्रतिकू ल प्रभाव पर्ने उपाय अपनाई वातावरण संरक्षणमा
समुचित ध्यान दिई कार्य गर्ने कु रा उल्लेख छ भने नियम ३२ मा खानी तथा आधारभूत संरचनाको
विकास गर्दा प्राकृ तिक सम्पदा, सांस्कृ तिक, पुरातात्विक तथा धार्मिक सम्पदामा असर पुग्नुको साथै
त्यसक्षेत्रको भूसंरचनामा खलल भई भू-क्षयलगायतका जल तथा वातावरणमा प्रतिकू ल असर पर्ने
जैविक विविधतामा ह्रास आउनुको साथै दुर्लभ वनस्पति र वन्य जीवजन्तु लोप हुने त्यस्तो
कार्यलाई वातावरणमा प्रतिकू ल असर परेको मानिने उल्लेख छ । यसैगरी गोदावरी क्षेत्रको
ऐतिहासिक सांस्कृ तिक, धार्मिक एवं जैविक विविधतालाई नष्ट गर्ने प्रमुख कारककोरूपमा गोदावरी
मार्वल इण्डष्ट्रिज भएकोले उक्त उद्योग सञ्चालनमा रोक लगाई ऐ.नियमावलीको नियम ४३ (घ)
अनुसार उद्योगको अनुमति रद्द गर्नुपर्नेमा खानी सञ्चालन गर्न म्याद थप गरेको निर्णय उक्त कानूनी
व्यवस्थाविपरीत छ ।
(ग) गोदावरी मार्वल उद्योगले वातावरण प्रदूषण गरी जनजीवन र जनस्वास्थ्यका लागि प्रतिकू ल
प्रभाव पारेको अवस्थामा सो उद्योग वातावरण संरक्षण ऐन, २०५३ को दफा ७ अनुसार
सञ्चालनमा रोक लगाउनु पर्नेमा सो नगरी निरन्तरता दिएको निर्णय कानूनविपरीत छ ।
(घ) गोदावरी मार्वल इण्डष्ट्रिजका कारण गोदावरी क्षेत्रको वन सम्पदा, दुर्लभ वनस्पतिको विनाश
भइरहेको र विश्वभरि संकटापन्न चराचुरूङ् गी, पुतलीहरू र अन्य वन्यजन्तु संकटमा परी लोप हुन
सक्ने स्थितिमा पुगेकोले सो क्षेत्रको संरक्षण गर्नुपर्ने कानूनी दायित्व वन मन्त्रालय र वन विभागको
भएकोमा संरक्षणतर्फ कदम नचलाएको कार्यबाट वन ऐन, २०४९ को प्रस्तावना र त्यसको
भावनाविपरीत हुन गएको छ ।
(ङ) दिगो विकासको अवधारणलाई अगाडि सार्दै विश्व समुदायबाट तयार गरिएका जैविक
विविधतालगायतका विभिन्न अन्तर्राष्ट्रिय महासन्धिहरूमा नेपालले आफ्नो प्रतिबद्धता जाहेर गरी
विधायिकाबाट त्यसलाई अनुमोदनसमेत गरिसके को छ । सन्धि ऐन, २०४७ को दफा ९(१) ले
यसरी संसदबाट अनुमोदन भइसके को महासन्धिका प्रावधानहरू राष्ट्रिय कानूनसरह हुने व्यवस्था
भएबाट प्राकृ तिक सम्पदा र वातावरणीय संरक्षणमा गरिएको अन्तर्राष्ट्रिय दायित्व निर्वाह गर्नुपर्ने
कानूनी दायित्व निर्वाह गर्नुपर्नेमा जैविक सम्पदा सम्पन्न क्षेत्रमा खानी उद्योग सञ्चालन गर्ने
इजाजतको म्याद थप्ने निर्णय जैविक विविधतालगायतका विभिन्न अन्तर्राष्ट्रिय महासन्धिहरूमा
उल्लिखित प्रावधानविपरीत छ ।
प्राकृ तिक र सांस्कृ तिक सम्पदा तथा जैविक विधिताको संरक्षण सम्बन्धमा अन्तराष्ट्रिय Trend
कस्तो रहेको छ भन्ने कु रा पनि महत्त्वपूर्ण छ । Minors Opora V. Secretary of the
Department of Envrionment and Natural Resources को मुद्दामा फिलिपिन्सको
सर्वोच्च अदालतले देहायबमोजिमको सिद्धान्त प्रतिपादन गरेको पाइन्छः- “...Every generation
has a responsibility to the next to preserve that rhythm and harmony for the
full enjoyment of a balanced and healthful ecology. Put a little differently, the
minor’s assertion of their right to a sound environment constitutes, at the same
time, the performance of their obligation to ensure the protection of the right
for the generatio to come.”
प्राकृ तिक सम्पदाहरू जनताको नासोको रूपमा राज्यको संरक्षणमा रहने र प्राकृ तिक सम्पदाको
सार्वजनिकरूपमा प्रयोग गर्न पाउने जनताको अधिकारको कु रा भएको एवं त्यसको संरक्षण गरिनुपर्ने
स्थापित सार्वजनिक न्याससिद्धान्त (Public Trust doctrine) को मूल मान्यता हो । यस
सन्दर्भमा M.C.Mehta v Kamal Nath and others (Supreme court Cases १९९७) को
मुद्दामा भारतीय सर्वोच्च अदालतले स्थापित गरेको कानूनी सिद्धान्त यस्तो छः-
“The Public Trust Doctrine primary rests of the principle that certain resources
like air, sea, water and the forest have such a great importance to the people as
a whole that it would be whollyunjustified to make them a subject of private
ownership. (Page 388) The state as a trustee is under a legal duty to protect the
natural resources. These resources meant for public use cannot be converted
into private ownership.
The environment and the
ecosystems of our country cannnot be permitted to be eroded for private,
commercial or any other use unlees the court find it necessary, in good faith,
for the public good and in public interest to encroach upon the said resources...
The area being ecologically fragile and full of scenic beauty should not have
been permitted to be converted into private ownership and for commercial
gains. Therefore, The Himachal Pradesh Goverment committed patent breach
of public trust by leasing the ecologically fragile land to the hotel
management. (page 389)
भारतीय सर्वोच्च अदालतले नदीको प्राकृ तिक वहावलाई Span Moteles Pvt. Ltd. ले परिवर्तन
गरेको कारण त्यहाँको पारिस्थितिकीय प्रणालीलगायत वातावरणमा भएको क्षतिको लागि Span
Moteles Pvt. Ltd. लाई दश लाख जरिवाना गर्ने निर्णय गरेको छ ।
न्यायका मान्य सिद्धान्तहरू (जसलाई नेपाल अधिराज्यको संविधान, २०४७ को धारा ८४ ले
आत्मसात् गरेको छ ।) अन्तरवंशीय समन्याय सिद्धान्त र सार्वजनिक न्यास सिद्धान्तविपरीत
गोदावरी मार्वल इण्डष्ट्रिजको खानी सञ्चालन अवधि थप गर्ने निर्णय एवं त्यससँग सम्बन्धित
कामकारबाही अन्तरवंशीय समन्याय र सार्वजनिक न्यास सिद्धान्तविपरीत छ ।
गोदावरी मार्वल उद्योगलाई बन्द गरी सो क्षेत्रलाई संरक्षणक्षेत्र घोषित गरिपाउनको लागि जनहित
संरक्षण मञ्च, लिडर्स नेपाल, पेन नेपाल, नेपाल वातावरण पत्रकार समूह, युवा वातावरण समूह र
हिमाल एसोसिएसनले २०५३।३।४ मा वातावरण मन्त्रीसमक्ष र २०५७।४।१३ मा उल्लिखित
संस्थालगायत इन्हुरेड इन्टरनेसनल नेपालले संयुक्तरूपमा प्रधानमन्त्रीसमक्ष लिखित ज्ञापनपत्र
बुझाएको थियो । यसैगरी जनहित संरक्षण मञ्चले गोदावरी क्षेत्रको संरक्षणका लागि मिति २०५२।
११।१ देखि पटकपटक लिखितरूपमा अनुरोध गरेकोमा सोलाई बेवास्ता गरी गोदावरी मार्वल
उद्योग सञ्चालन बन्द नगरी म्याद थप गर्ने निर्णय गरिएको छ । उक्त निर्णय गर्दा निवेदक संस्थालाई
सुसूचित हुन पाउने अधिकारबाट वञ्चित गरी उक्त विवादित निर्णयको बारेमा कु नै औपचारिक
जानकारीसमेत दिएको छैन । उद्योग सञ्चालनका लागि दिइएको सुरू म्याद समाप्त हुँदासमेत उद्योग
सञ्चालन भइरहेको र प्रत्यर्थीहरूबाट उद्योग बन्द गर्ने गराउनेतर्फ कु नै काम कारबाही नगरी आफ्नो
संवैधानिक एवं कानूनी दायित्व पूरा नगरेको हुँदा राष्ट्रिय सम्पदाको संरक्षण एवं कानूनी राज्य
स्थापना लागि यो निवेदन गरेका छौं ।
गोदावरी क्षेत्रको ऐतिहासिक, धार्मिक, वातावरणीय एवं जैविक विविधता नष्ट हुने कार्य निरन्तर
भइरहेकोबाट हामी रिट निवेदकलगायत त्यसक्षेत्रका बासिन्दाको नेपाल अधिराज्यको संविधान,
२०४७ को धारा १२ को उपधारा (१) द्वारा प्रत्याभूत स्वच्छ वातावरणमा बाँच्न पाउने मौलिक
हक, धारा १८ द्वारा प्रदत्त आफ्नो संस्कृ ति संरक्षणको हक, धारा १९ द्वारा प्रदत्त आफ्नो धर्मको
अवलम्बन र अभ्यास गर्ने धार्मिक हक, धारा २६(४) द्वारा प्रदत्त राष्ट्रिय सम्पदा संरक्षण एवं स्वच्छ
वातावरणको अधिकार एवं धारा ८८(२) द्वारा संरक्षित सार्वजनिक सरोकारको संरक्षण गर्न पाउने
हक हनन् गर्ने कार्य भएको हुँदा सो हकहरू प्रचलन
गरिपाऊँ । प्रस्तुत रिट निवेदनमा उठाइएको विषय राष्ट्रिय सम्पदा तथा वातावरणको संरक्षण कानूनी
राज्यको पालना एवं न्यायको सिद्धान्त (अन्तरवंशीय न्याय, सर्वाजनिक न्याय एवं दिगो विकास)
को संवैधानिक अवधारणसँग सम्बन्धित संवैधानिक र कानूनी प्रश्न समावेश भएको सार्वजनिक
सरोकारको विषय भएकोले नेपाल अधिराज्यको संविधान, २०४७ को धारा ८८(२) अन्तर्गत
निवेदन गर्न हामीलाई हकदैया प्राप्त छ । निवेदक संस्था र रिट निवेदक हामी कानून व्यवसायी एवं
वातावरण संरक्षणमा कार्यरत नेपाली नागरिकलाई प्रस्तुत रिट निवेदन दिने हकदैया रहेको छ ।
रिट निवेदन जारी हुनुपर्ने कारणका सम्बन्धमा हामी रिट निवेदकहरूको निम्न मागहरू रहेको छः–
(क) संविधान एवं कानूनविपरीत गोदावरी मार्वल इण्डष्ट्रिजको खानी सञ्चालन अवधि
वि.सं.२०६८ सालसम्म थप गर्ने निर्णय र सोसँग सम्बन्धित सम्पूर्ण कामकारबाही उत्प्रेषणको
आदेशद्वारा बदर गरिपाऊँ ।
(ख) खानी तथा खनिज पदार्थ ऐन, २०४२ को दफा २७ को उपदफा (१) र खानी तथा खनिज
पदार्थ नियमावली, २०५६ को नियम ४३ को देहाय (घ) अनुसार विपक्षी गोदावरी मार्वल
इण्डष्ट्रिजको खानी कार्य रोक्का गरी खनिज कार्य गर्ने अनुमति तत्कालदेखि रद्द गर्नु गराउनु भनी
विपक्षी नेपाल सरकार मन्त्रिपरिषद्, उद्योग वाणिज्य तथा आपूर्ति मन्त्रालय र भूगर्भ तथा खानी
विभागका नाउँमा तथा सोही ऐनको दफा १२(१) बमोजिम गोदावरी क्षेत्रलाई खनिज कार्यका लागि
तत्काल निषेधितक्षेत्र घोषणा गर्नु भनी खानी तथा भूगर्भ विभागको नाउँमा परमादेशको आदेश जारी
गरिपाऊँ ।
(ग) वातावरण संरक्षणका दृष्टिले अतिमहत्त्वपूर्ण प्राकृ तिक सम्पदायुक्त, सौन्दर्यपरक र दुर्लभ एवं
सङ् कटापन्न वन्यजन्तु र वनस्पति भएको जैविक विविधताले महत्त्वपूर्ण गोदावरी क्षेत्रलाई
वातावरण संरक्षण ऐन, २०५३ को दफा १०(१) अनुसार वातावरण संरक्षणक्षेत्र कायम गर्नु भनी
विपक्षी नेपाल सरकार मन्त्रिपरिषद् र जनसंख्या तथा वातावरण मन्त्रालयको नाउँमा परमादेशको
आदेश जारी गरिपाऊँ ।
(घ) गोदावरी मार्वल उद्योगको कारण कृ षकहरूले बेहोर्नु परेको क्षतिका सम्बन्धमा घरपरिवारको
यकीन अध्ययन गरी क्षतिपूर्ति दिने आवश्यक व्यवस्था गर्नु गराउनु भनी खानी तथा खनिज पदार्थ
ऐन, २०४२ को दफा २१ को उपदफा (३) र प्रदूषकदेय (Polluters’pay Principle) को मान्य
सिद्धान्तअनुसार विपक्षी गोदावरी मार्वल इण्डष्ट्रिजको नाउँमा परमादेशको आदेश जारी गरिपाऊँ ।
(च) गोदावरी मार्वल इण्डष्ट्रिजले गोदावरी क्षेत्रको वातावरणमा प्रतिकू ल प्रभाव पार्ने गरी प्रदूषण
गर्ने कार्य गरिरहेकोले उद्योग सञ्चालनको कार्य तुरून्त बन्द गराउनु र दोषिमाथि सजाय गर्नु गराउनु
भनी विपक्षी जनसंख्या तथा वातावरण मन्त्रालयका नाउँमा परमादेशको आदेश जारी गरिपाऊँ ।
(छ) गोदावरी मार्वल उद्योगको कारणबाट गोदावरी क्षेत्रको वातावरणीय एवं जैविक विविधतामा
परेको क्षतिको वास्तविक पहिचान गरी उक्त क्षेत्रलाई उक्त मार्वल इण्डष्ट्रिज सञ्चालन हुनुपूर्वको
अवस्थामा ल्याई अन्तरवंशीय न्यायको सिद्धान्तअनुरूप त्यहाँको प्राकृ तिक वातावरण संरक्षण गर्न
आवश्यक सम्पूर्ण काम कारवाही गर्नु गराउनु भनी विपक्षीहरूको नाउँमा तथा उक्त क्षेत्रलाई खानी
सञ्चालन पूर्वको स्थितिमा ल्याउनका लागि आवश्यक पर्ने रकम क्षतिपूर्तिरूपमा संविधानको धारा
२६(४), खानी तथा खनिज पदार्थ ऐन, २०४२ (पहिलो संशोधन ऐन २०५०) को दफा ११ क को
उपदफा (२) बमोजिम “Polluters Pay” तथा अन्तरवंशीय न्यायको सिद्धान्तअनुरूप पूर्ण
न्यायका लागि गोदावरी मार्वल उद्योगबाट भर्नु भराउनु भन्ने परमादेशलगायत जो चाहिने आवश्यक
आज्ञा आदेश जारी गरिपाऊँ ।
अतः गोदावरी क्षेत्रको जैविक विविधता र वातावरणमा ह्रास गर्ने कार्यले निरन्तरता पाउने भई
त्यसबाट अपूरणीय क्षति हुने कार्यले निरन्तरता पाइरहने भएकोले गोदावरी मार्वल उद्योगको
सञ्चालनको अवधी आगामी २०६८ सालसम्म थप गर्ने गरेको निर्णय एवं कामकारबाही प्रस्तुत
निवेदनमा अन्तिम टुङ् गो नलागेसम्म कार्यान्वयन नगर्नु नगराउनु भनी सर्वोच्च अदालत
नियमावली, २०४९ को नियम ४१(१) अनुसार अन्तरिम आदेशसमेत जारी गरिपाउँ भन्नेसमेत
व्यहोराको रिट निवेदन ।
यस अदालतबाट भएको प्रारम्भिक आदेश
यसमा के कसो भएको हो, निवेदकको मागबमोजिमको आदेश किन जारी हुन नपर्ने हो, यो आदेश
प्राप्त भएको मितिले बाटाका म्यादबाहेक १५ दिनभित्र लिखित जवाफ पठाउनु भनी विपक्षीहरूका
नाममा सूचना पठाई लिखित जवाफ आएपछि वा अवधि नाघेपछि नियमबमोजिम पेस गर्नु । साथै
वातावरणसँग सम्बन्धित सार्वजनिक महत्त्वको विषय हुँदा सूर्यप्रसाद शर्मा ढुंगेल विरूद्ध गोदावरी
मार्वल इण्डष्ट्रिजसमेत भएको रिट निवेदनको रेकर्ड मिसिलसमेत साथै राखी प्रस्तुत रिट निवेदन
अग्राधिकार दिई पेस गर्नु भन्ने यस अदालतको मिति २०५८।१२।२२ को आदेश ।
लिखित जवाफ
वन जंगलको संरक्षण र व्यवस्थापन गरी स्वस्थ्य वातावरणको प्रवर्द्धन गर्ने र प्रचलित वन ऐन तथा
नियमावलीको कार्यान्वयन गरी मुलुकभित्र विद्यमान अमूल्य वन सम्पदा र त्यहाँ पाइने दुर्लभ
वनस्पति, चराचुरूङ् गी र वन्यजन्तुको संरक्षण एवं सम्वर्द्धन गर्ने दायित्व यस मन्त्रालय र अन्तर्गतका
निकायहरू समेतको हो । प्राकृ तिक वातावरण एवं जैविक विविधताको दृष्टिबाट गोदावरी क्षेत्र
निःसन्देह महत्त्वपूर्ण छ । यसक्षेत्रको प्राकृ तिक वातावरण एवं पर्यावरणीय स्थितिलाई संरक्षित
तुल्याई राख्न यस मन्त्रालय र अन्तर्गतका निकायहरूको तर्फ बाट पहल भएको छ । कु नै उद्योगलाई
कु नै क्षेत्रमा खानी सञ्चालन गर्न अनुमति दिने या यस्तो अनुमति नवीकरण गर्ने विषय यस
मन्त्रालयको कार्यक्षेत्रभित्र पर्ने विषय नभई उक्त कार्य उद्योग, वाणिज्य तथा आपूर्ति
मन्त्रालयअन्तर्गतको हो । खानी तथा खनिज पदार्थ ऐन, २०४२ तथा तत्सम्बन्धी
नियमावलीअनुसार पनि त्यस्तो अनुमति दिने तथा नवीकरण गर्ने अधिकार उक्त मन्त्रालयअन्तर्गत
खानी तथा भूगर्भ विभागलाई भइरहेको सन्दर्भमा यस मन्त्रालयबाट हस्तक्षेप हुनु उचित हुँदैन । तर
पनि उद्योगले इजाजत पाएको क्षेत्रभित्र मात्रै आफ्ना औद्योगिक एवं प्रभावकारीरूपमा निगरानी
राखिँदै आएको छ ।
सूर्यप्रसाद शर्मा ढुंगेल विरूद्ध गोदावरी मार्वल इण्डष्ट्रिसमेत भएको मुद्दामा सर्वोच्च अदालतबाट
प्रतिपादित सिद्धान्त एवं निर्देशानात्मक आदेशबमोजिम (ने.का.प.२०५२ स्वर्ण शुभ जन्मोत्सव
विशेषांक) स्वच्छ र स्वस्थ्य वातावरणमा बाँच्न पाउने आम नागरिकहरूको मौलिक हकको संरक्षण
र सम्मान गर्ने दिशामा यस मन्त्रालय सत्प्रयत्नशील रहिआएको
छ । गोदावरी मार्वलको खानी सञ्चालनक्षेत्र वरिपरिको वनक्षेत्रलाई विभिन्न वन उपभोक्ता
समूहहरूलाई सामुदायिक वनको रूपमा हस्तान्तरण गरिएपश्चात उपभोक्ता समूहहरूबाट त्यस
भेगको वनस्पति र वन्यजन्तुहरूको संरक्षण भई पर्यावरण संरक्षणमा उल्लेख्य योगदान पुगेको छ ।
यसैगरी गोदावरी मार्वलको खानी संचालनक्षेत्र नजिक पर्ने फु ल्चोकी डाँडा र वरवरको सामुदायिक
वनको रूपमा हस्तान्तरण नभएको राष्ट्रिय वनक्षेत्रमा वन कर्मचारीहरूको परिचालनबाट वन
जंगलको संरक्षण गरी पर्यावरण संरक्षणका कार्यहरू भइरहेका हुँदा यस मन्त्रालयको नाउँमा कु नै
आदेश जारी हुनु पर्ने नहुँदा रिट खारेज गरिपाउँ भन्नेसमेत व्यहोराको वन तथा भूसंरक्षण मन्त्रालयको
लिखित जवाफ ।
यस मन्त्रालयलाई विपक्षी बनाउनु पर्ने कु नै कारण र आधार छैन । यस निकायबाट गोदावरी क्षेत्रको
वातावरण संरक्षण, प्रदूषणको रोकथाम तथा नियन्त्रण गर्ने कार्यमा निरन्तर कार्यरत रहिआएको र सो
कार्यमा सतत् प्रयत्नशील रहेको हुँदा रिट निवेदन खारेज गरिपाऊँ भन्नेसमेत व्यहोराको जनसंख्या
तथा वातावरण मन्त्रालयको लिखित जवाफ ।
गोदावरी क्षेत्रको वन जंगलको संरक्षण सम्बर्द्धन गरी वातावरणको प्रदूषण हुन नदिन, जैविक
विविधता ह्रास हुन नदिन र प्राकृ तिक वन सम्पदा एवं वन्यजन्तुको संरक्षणका लागि गोदावरी
क्षेत्रलाई हरेक कोणबाट संरक्षित गर्न यस विभागले आफ्ना मातहतका निकायहरूलाई सजग गराउँदै
आएको र समयसमयमा त्यसको अनुगमनसमेत गरिरहेको छ। सूर्यप्रसाद शर्मा ढुंगेल विरूद्ध
गोदावरी मार्वल इण्डष्ट्रिजसमेतको मुद्दामा सर्वोच्च अदालतबाट भएको आदेशको पालना नगरेको
भन्ने निवेदकको कथन निराधार छ । जनहित संरक्षण मञ्चले गोदावरी क्षेत्रमा खानी उत्खनन्
कार्यलाई निरन्तरता दिन उपयुक्त हुन नहुने सम्बन्धमा यस विभागको प्रतिक्रिया माग गर्दासमेत उक्त
क्षेत्रमा वातावरण तथा जैविक विविधतालाई संरक्षण र स्वच्छ राख्न उक्त उद्योगको उत्खनन्
कार्यलाई निरन्तरता दिन नहुने राय व्यक्त गरी मिति २०५९।१।९ मा प्रतिक्रिया पठाएकोबाट समेत
यस विभाग गोदावरी क्षेत्रको प्राकृ तिक र भौगोलिक क्षेत्रको संरक्षण र सम्बर्द्धनमा क्रियाशील रहेको
अवस्थामा यस विभागलाई प्रत्यर्थी बनाई दिएको रिट निवेदन खारेज गरिपाउँ भन्ने वन विभागको
लिखित जवाफ ।
देशको प्राकृ तिक स्रोत राष्ट्रिय सम्पदा देशका नागरिकहरूको साझा सम्पत्ति हुँदा यसको संरक्षण
गरिनुपर्ने कु रामा विवाद छैन । २०४९ सालको रि.पु.ई.नं.३५ को मुद्दामा प्रतिपादित सिद्घान्त र
निर्देशनात्मक आदेशपश्चात वातावरण संरक्षण ऐन, २०५३ र नियमावली, २०५४ जारी भएको,
खानी तथा खनिज पदार्थ नियमावली, २०५६ अन्तर्गत पृथक खनिज सम्पदा तथा वातावरण
संरक्षण भन्ने परिच्छेदको व्यवस्था गरी यसको संवेदनशीलतालाई स्वीकार गरिएको हो । सोही
मुद्दामा जारी निर्देशनात्मक आदेशसमेतका कारणले वातावरण ऐन र सोअन्तर्गतको नियमावली
बनी लागू भई कार्यान्वयनमा छ । अदालतको आदेश, संविधान र उपरोक्त ऐन तथा नियमको
अधिनमा रही मार्वल उद्योगले आफ्नो कार्य गरेको र यस विभागले उपरोक्त आदेश र
कानूनबमोजिम गर्नका लागि क्रियाशील रहेको हुँदा रिट निवेदन खारेज हुनुपर्ने भनी निम्न व्यहोरामा
निवेदन गर्दछु ।
(क) फू लचोकी वनक्षेत्रको कू ल क्षेत्रफल अन्दाजी १२ हजार हेक्टरमध्ये उद्योगले ओगटेको भूभाग
५ हेक्टर मात्र छ । उद्योगको खानी सञ्चालनद्वारा यस फू लचोकीक्षेत्रको समग्र जैविक विविधता,
वन्यजन्तु र इकोसिष्टममा प्रतिकू ल असर पारेको छैन । यस वनक्षेत्रमा एकै प्रकारको
(Homogeneous) वनस्पति भएकाले सानो भूभागमा खानी सञ्चालन भएबाट खास किसिमका
वनस्पति लोप हुने अवस्था छैन ।
(ख) वातावरण संरक्षण र सम्बर्द्धनप्रति अत्यन्त संवेदनशील रहेको मार्वल उद्योगले ISO १४००१
प्राप्त गर्नाका लागि २०५७ सालबाट उद्योगमा Environment Management System प्रारम्भ
गरेको छ । ५०० भन्दा बढीलाई प्रत्यक्ष रोजगारी उपलब्ध गराउनुको साथै आर्थिक वर्ष
२०५६/०५७ मा रोयल्टी, आयकर, मूल्यअभिवृद्घि करसमेत रू.८२,२८,२५६/६६ नेपाल
सरकारलाई र स्थानीय जिल्ला विकास समितिलाई स्थानीय विकासशुल्क रू.२,४९,१९०/–
भुक्तान गरी योगदान गरेको छ । विदेशमा मार्वल निकासी गरी वैदेशिक मुद्रा आर्जन गर्न योगदान पुर्‍
याएको छ । स्वदेशी कच्चा पदार्थको सदुपयोग गरिरहेको मौजूदा अवस्थामा विना आधार
सार्वजनिक हित वा राष्ट्रिय सुरक्षा वा वातावरणमा प्रतिकू ल असर पारेको भनी खानी सञ्चालन
अनुमतिपत्र रद्द गर्ने मिल्ने देखिँदैन ।
(ग) गोदावरी क्षेत्रमा रहेको धार्मिक र सांस्कृ तिक सम्पदाप्रति उद्योग संवेदनशील रहेकै कारण
नौधारा वरिपरि र मन्दिरको सरसफाई र मर्मतसंभारमा उद्योगले योगदान गरेको हुँदा त्यहाँको
सांस्कृ तिक र धार्मिक सम्पदामा कु नै नकारात्मक असर परेको छैन ।
(घ) वैज्ञानिक भाषामा Metamorphic Carbonate Rock भनिने गोदावरी क्षेत्रमा प्राप्त मार्वल
नेपाल अधिराज्यकै एक अनुपम प्रकारको मार्वल भएको र यस्तो मार्वल अन्यत्र प्राप्त हुन सक्दैन ।
पहिला मानवशक्तिको भरमा सञ्चालन भइरहेको यो मार्वल उद्योग हाल अत्याधुनिक प्रविधिद्वारा
उत्पादन हुने गरेको छ ।
(ङ) फू लचोकी वनक्षेत्रको जैविक विविधता र Flora and Fauna मा खानीले पारेको असरका
विषयमा उद्योगले पनि सम्बन्धित विषयका विशेषज्ञहरूद्वारा अध्ययन गराई अध्ययनमा
औंल्याएको कु राहरूमा सुधार गरेको छ । उद्योगले वन जंगलको विनास रोकथाम गर्न खानी
उत्खनन् भइसके को क्षेत्र (४ नं. खानीमा समेत) १००० वर्गमिटर क्षेत्रमा दुई लाखभन्दा बढी
वृक्षारोपण गरेको र सोको यथोचित संरक्षण भई के ही रूखको उचाई ६ फिटसम्म भएको छ ।
विष्फोटक पदार्थ प्रयोगमा ९० प्रतिशत न्यून भइसके को छ । उद्योगले अत्याधुनिक इटालियन
प्रविधिको प्रयोग गरी Wire Saw Technology द्वारा मार्वल कटिंग गर्ने गरेको छ । वर्षादको
पानीबाट हुने Siltation रोकथामको लागि Check dam, Siltation Pond आदिको व्यवस्थाले
पानी प्रदूषणलाई न्यून तुल्याएको छ ।
(च) विभागबाट नियमितरूपमा खानी तथा खानीक्षेत्र निरीक्षण गर्ने गरिएको र सो निर्देशनको
पालना भए नभएको भन्ने विषयमा निरन्तररूपमा अनुगमन गर्ने गरिएको छ । यसरी वातावरणीय
पक्षमा उद्योग सजग र संवेदनशील भएकै कारण Environment Friendly उद्योगहरूले मात्र
पाउने ISO १४००१ को प्रमाणपत्रका लागि उद्योगले आवश्यक कार्यहरू गरिरहेको बुझिन आएको
छ।
(छ) तत्कालीन प्रचलित नेपाल खानी ऐन, २०२३ को दफा ५ बमोजिम खनिज पदार्थ निकाल्ने
समेतको योग्यता प्रमाणपत्र प्राप्त उद्योगलाई सोही ऐनको ७ बमोजिम पट्टा दिइएको र ऐ. ७(४)
बमोजिम पट्टाको अवधि बढाई पाउन उद्योगको आधुनिकीकरण र विस्तारको कारणसहित
उद्योगबाट Future Plan Appraisal, विष्फोटक पदार्थको प्रयोगलाई कम गरिने आदिलगायत
उद्योगले वातावरणमा पार्ने नकारात्मक असरलाई न्यून गरिने ठोस प्रस्ताव गरी म्याद थपको लागि
अनुरोध गरेकोले मन्त्रीस्तरको मिति २०५३।७।११ निर्णबाट सो उद्योगको पट्टाको अवधि मिति
२०५८।०३।२७ बाट १० वर्षको लागि बढाएको म्याद कानूनसम्मत छ ।
(ज) उद्योगले खनिजकार्य गरिरहेको गोदावरी क्षेत्रको ५ हेक्टरक्षेत्र खानी प्रयोजनका लागि
निषेधितक्षेत्र घोषित गर्नुपर्ने अवस्था विद्यमान छैन । उद्योगले खनिज कार्य गरिसके को स्थानमा
वृक्षारोपण गरी जल, वायु र ध्वनी प्रदूषणलाई न्यून गर्न वैज्ञानिक उपायहरू अवलम्बन गर्नुको साथै
सांस्कृ तिक र धार्मिक सम्पदासमेतको संरक्षण र सम्बर्द्धनका लागि उद्योगले कार्यहरू गरिरहेको छ ।
(झ) उद्योगले खनिज कार्य गरेको भूभाग सरकारी वनक्षेत्र भएको र सो वनक्षेत्र उपभोग गरेबापत
उद्योगले तिर्नु बुझाउनु पर्ने भूवहाल कर नियमानुसार बुझाइरहेको र उद्योगको खनिजकार्यबाट
कसैको निजी जग्गाजमीन वा सम्पत्तिमा हानी नोक्सानी हुन गएको छैन ।
(ञ) खानी तथा खनिज पदार्थ नियमावली, २०५६ को नियम ३२ को देहायका खण्डहरू (क),
(ख), (ग), (घ), (छ) र (झ) मा भएका प्रावधानहरूबमोजिम यस विभागको निर्देशनसमेतमा
उद्योगले देहायका कार्यहरू गरेको छः–
(१) खानी सञ्चालनबाट भूसतहमा हुने विचलन र भूक्षय रोक्न खनिजकार्य भइसके को क्षेत्रमा
वृक्षारोपण गर्ने र रिटेनिंग बाल लगाउने कार्य भएको छ,
(२) खानीक्षेत्रमा रहेका वन्यजन्तु विस्थापित भए पनि सम्पूर्ण फू लचोकी वनक्षेत्रमा रहेका वन्यजन्तु
आदिलाई खानी सञ्चालनले कु नै असर पारेको छैन,
(३) कारखानाबाट निस्के को पानीलाई दहमा जमाई थिग्राई पुनः सोही पानी कारखानामा प्रयोग
गरिएको छ, विभागले यसको निगरानी गरिरहेको छ ।
(४) धुँवा र धुलोबाट हुने प्रदूषण न्यून गर्न Dursing Plant Cyclone dust collector भन्ने
उपकरणको प्रयोग गरिएको छ,
(५) गोदावरी क्षेत्रको सांस्कृ तिक, पुरातात्विकस्थल एवं वनस्पति उद्यानहरूमा क्षति पुग्ने गरी
उद्योगले कु नै कार्य गरेको छैन ।
उद्योगले वातावरणमा प्रतिकू ल असर पार्ने कार्य गरेको देखिएमा विभागले उद्योगलाई निर्देशन दिने
गरेको छ र सो निर्देशनको पालना भए नभएको सम्बन्धमा अनुगमन गर्ने गरेको अवस्थामा रिट जारी
हुनुपर्ने होइन भन्ने खानी तथा भूगर्भ विभागको लिखित जवाफ ।
गोदावरी मार्वल उद्योगले वातावरण संरक्षण गर्नुपर्ने कु रामा सचेत रहँदै विस्फोटक पदार्थको प्रयोगमा
९० प्रतिशत न्यून गरेको, खानी तथा खनिज पदार्थ ऐन, सोको नियमावली तथा सरकारको
नीतिविपरीत कार्य नगरेको हुँदा उद्योग सञ्चालन अवधि २०६८ सालसम्म थप गर्ने निर्णय
कानूनसम्मत हुँदा निवेदन खारेज गरिपाउँ भन्नेसमेत व्यहोराको उद्योग वाणिज्य तथा आपूर्ति
मन्त्रालयको लिखित जवाफ ।
यस सचिवालयलाई विपक्षी बनाउनु पर्ने कु नै आधार र कारण छैन । वातावरण सन्तुलन राख्ने
कार्यमा सम्बन्धित निकायबाट प्रयास भइरहेकोले रिट निवेदन खारेज गरिपाउँ भन्नेसमेत व्यहोराको
मन्त्रिपरिषद् सचिवालयको लिखित जवाफ ।
सार्वजनिक सरोकारको विवाद भनी नेपाल अधिराज्यको संविधान, २०४७ को धारा ८८(२)
अन्तर्गत निवेदकले निवेदन गरेको देखिन्छ । तर त्यसरी निवेदन गर्न सार्वजनिक सरोकारको विवाद
समावेश भएको वा कानूनी प्रश्नको निरूपणको लागि अन्य उपचारको व्यवस्था नभएको वा भएर
पनि त्यस्तो व्यवस्था अपर्याप्त वा प्रभावहीन भएको देखिनु पर्दछ । सार्वजनिक सरोकारको नाममा
उद्योगको कार्यबाट प्रत्यक्ष असर नगरेका निवेदकहरूले उद्योग बन्द गराउन माग गरिएको छ ।
निवेदनमा उल्लेख गरेका ऐनहरू वातावरण संरक्षण ऐन, २०५३ को दफा ७(१), (२) र (३),
जलस्रोत ऐन, २०४९ को दफा १९, औद्योगिक व्यवसाय ऐन, २०४९ को दफा ४९ को
व्यवस्थाहरूले वनविनास एवं वातावरण प्रदूषण हुने कार्यलाई सरकारवादी मुद्दा हुने भनी सरकारले
नै मुद्दा चलाई सजाय गर्न सक्ने प्रभावकारी व्यवस्था गरेको हुँदा सो मार्ग अवलम्बन नगरी
सार्वजनिक सरोकारको नाममा धारा ८८(२) बमोजिम दायर गरेको निवेदन संविधानविपरीत छ ।
हाम्रो उद्योगको कारण स्थानीय बासिन्दाहरूको कानून वा संविधान प्रदत्त कु नै हकमा हनन् भएको
छैन । मिति २०२१।१।३० मा तत्कालीन कम्पनी ऐन, २००७ अन्तर्गत दर्ता भएको यो उद्योगले
तोकिएको क्षेत्रमा इजाजतपत्रले दिएको सर्त बन्देज तथा प्रचलित कानूनको अधीनमा रही कार्य
सञ्चालन गर्दै आएको छ । सूर्यप्रसाद शर्मा ढुंगेल विरूद्ध यस मार्वल उद्योगसमेत भएको मुद्दामा
सर्वोच्च अदालतबाट निर्देशनात्मक आदेश जारी भएपछि उक्त आदेशको अक्षरसः पालना गरी
गोदावरी क्षेत्रको वातावरणमा प्रतिकू ल प्रभाव पर्ने कु नै कार्य गरिएको छैन । उक्त मुद्दामा वातावरण
संरक्षणलाई व्यवस्थित गर्ने ऐन निर्माण गर्न र खानी तथा खनिज पदार्थ ऐन, २०४२ लागू गर्न आदेश
जारी भएको थियो । उक्त आदेशमा उद्योग बन्द गर्न वा सञ्चालन गर्न प्रतिबन्ध लगाउनु भनी
आदेश भएको छैन । उक्त मुद्दामा वातावरण संरक्षण र उद्योगको विकासको सन्तुलन हुनुपर्ने तर्फ
प्रकाश पारेको र सो आदेशबमोजिम वातावरण सन्तुलन कायम राख्न यस उद्योगले कु नै कमी हुन
दिएको छैन । सो क्षेत्रको वातावरण संरक्षणका लागि वृक्षारोपण लगायतका Long term, Short
terms कार्यक्रमहरू सञ्चालन नियमित गरिआएको छ । वातावरणमा न्यूनतम् असर पनि नपरोस्
भनी वातावरण संरक्षणको योजना लागू गरेको हुँदा सो कार्यको लागि यस उद्योगलाई ISO
१४००१ को उपाधिप्राप्त गर्ने प्रक्रिया अगाडि बढाइएको छ ।
योगी नरहरिनाथको रिट निवेदनको विषयवस्तु र यस रिट निवेदनको विषयवस्तु फरक हुँदा उक्त
निवेदनमा प्रतिपादित सिद्घान्त यस निवेदनमा आकर्षित हुन सक्दैन । किनकी देवघाटक्षेत्र
ऐतिहासिक र धार्मिक महत्त्वको धरोहरको के न्द्र हो भने गोदावरी क्षेत्र ऐतिहासिक र धार्मिक
पुरातात्विक क्षेत्रभित्र
पर्दैन । उद्योगले गोदावरी क्षेत्रको ऐतिहासिक भौगोलिक, सांस्कृ तिक र परम्परागतलगायतका कु नै
सम्पदामा प्रतिकू ल असर नगरी ती क्षेत्रको संरक्षणमा योगदान गरेको छ ।
खानी तथा खनिज पदार्थ ऐनले २५ वर्षसम्मको लामो लिज अवधिको व्यवस्था गरेको छ । हाम्रो
उद्योगको आर्थिक, प्राविधिक, बजार व्यवस्थापन तथा वातावरणलगायत अन्य विषयका
विवरणहरू सन्तोषजनक भएकोले मागबमोजिम हाम्रो लिज अवधि मिति २०६८।३।२६ सम्म
बढाएको हो । यस उद्योगले ६०० जनालाई प्रत्यक्ष रोजगारी दिएको र हालसम्म उद्योगमा
रू.१८,२३,००,०००।– लगानी भइसके को छ भने हामीहरूले वातावरण संरक्षण र सम्वर्द्धन
कार्यक्रम सञ्चालन गरेपछि जंगलको साथसाथै जंगली जीवजन्तुको संख्यामा समेत
उल्लेखनीयरूपमा वृद्धि भएको छ । वायु प्रदूषण, जल प्रदूषण, ध्वनी प्रदूषण आदिमा के कति
मापदण्ड तोकिएको हो र उद्योगले तोकिएको मापदण्डभन्दा के कति अधिक मात्रामा उल्लङ् घन गर्‍
यो निवेदनमा के ही उल्लेख हुन सके को छैन । उद्योग सञ्चालनपूर्व पिउने पानीको स्वच्छता कति
थियो हाल पानीको स्वच्छतामा कति कमी आयो सोसमेत उल्लेख छैन ।
इजाजत पाएको गोदावरी क्षेत्रको मार्वल उद्योग सञ्चालन गर्दा सो क्षेत्रमा प्रदूषण हुन नदिनु हाम्रो
उद्देश्य हो । सो प्रयोजनको लागि विभिन्न निरोधात्मक र प्रतिकात्मक व्यवस्था अपनाएका छौं ।
मार्वल उद्योग के वल ६ हेक्टर क्षेत्रफलमा मात्र सीमित रही जुनजुन क्षेत्रमा मार्वल निकालिएको छ
उक्त क्षेत्रमा तत्काल वृक्षारोपण गर्ने कार्य गरेका छौं । खानी तथा खनिज पदार्थ नियमावली, २०५६
को नियम ३२ मा उल्लिखित प्रावधानविपरीत गएर भूसतहमा विचलन ल्याउने, वन्यजन्तु लोप हुने,
पानी प्रदूषित गर्ने, ध्वनी प्रदूषण, जल प्रवाह परिवर्तन गर्ने, सांस्कृ तिक र पुरातात्विक विषयवस्तुलाई
क्षति पुग्ने कार्य हामीबाट भएको छैन । यस उद्योगले त्यस क्षेत्रको वातावरणीय संरक्षणका लागि
कार्यहरू गरेको कु रा पेस गरिएको लिखित जवाफको अनुसूची १ बाट प्रमाणित भइरहेको छ ।
अनुसूची १ मा उल्लिखित कार्यहरू उद्योगले नियमितरूपमा गरिरहेको छ । उद्योगले आफ्नो
दिगोपनका लागि वातावरण संरक्षणमा उचित ध्यान दिई कार्य गरिआएको र उद्योग सञ्चालनको
कार्यबाट देशको विकास कार्यलाई टेवा दिँदै आएको हुँदा रिट जारी हुनुपर्ने होइन भन्नेसमेत
व्यहोराको गोदावरी मार्वल उद्योगको लिखित जवाफ ।
यसमा निवेदनको प्रमाण खण्डमा उल्लेख भएको भू-तथा जलाधार संरक्षण विभागको वातावरणीय
प्रभाव आयोजनाद्वारा तयार गरिएको गोदावरी क्षेत्र वातावरणीय सिंहावलोकन प्रतिवेदन २०४५,
वन तथा भूसंरक्षण मन्त्रीबाट गठित ३ सदस्यीय आयोगले प्रस्तुत गरेको गोदावरी मार्वल उद्योग
तथा ढुंगाखानीले त्यहाँको वातावरणमा पारेको असर र सुझाव प्रतिवेदन २०४७ र नेपाल सरकारको
प्राकृ तिक तथा सांस्कृ तिक संरक्षण परिषद्द्वारा गठित कार्यदलले तयार गरेको गोदावरी क्षेत्र
वातावरणीय अवस्थाबारे छानबिन प्रतिवेदन २०४९ समेतका प्रमाणका कागजातहरू
महान्यायाधिवक्ताको कार्यालयमार्फ त् झिकाई नियमानुसार पेस गर्नु भन्नेसमेत यस अदालतको
मिति २०६०।१२।१० को आदेश ।
सार्वजनिक सरोकारको विषयमा मुलुकी ऐन, २०२० को अ.वं.१० नं., नेपाल अधिराज्यको
संविधानको धारा ८८(२) र नेपालको अन्तरिम संविधान, २०६३ को धारा १०७(२) व्यवस्था गरी
नेपाली नागरिकलाई कानूनी एवं संवैधानिक प्रत्याभूति गरेको पाइन्छ । वातावरणीय विषय
व्यक्तिपरक नभई आम नागरिकको चासोको विषय हुँदा जुन क्षेत्रमा त्यसले नकारात्मक असर
पारेको छ सो क्षेत्रका बासिन्दाले मात्र नभई सरोकार राख्ने जोसुकै लाई पनि दाबी गर्ने हकदैया हुँदा
निवेदकहरूलाई हकदैया छैन भन्न मिलेन ।
गोदावरी क्षेत्र प्राकृ तिक सम्पदाले ओतप्रोत भएको क्षेत्र भन्ने देखिन्छ । ५७१ प्रजातिका रूख, १५
प्रजातिका घाँस, एउटै बोटमा विभिन्न रंग भएको फू ल फू ल्ने लालीगुराँस, ३०० प्रजातिका पुतली,
२५४ प्रजातिका चराहरू, रतुवा, मृग, चित्तल, दुम्सी, विराला, चितुवा, सालक जस्ता वन्यजन्तु
जैविक विविधता र विभिन्न देवी देवताका मठ मन्दिरलगायत धार्मिक तथा सांस्कृ तिक सम्पदाले
पूर्ण गोदावरी क्षेत्र राष्ट्रिय सम्पदाको रूपमा रहेको देखिन्छ । यस्तो राष्ट्रिय सम्पदाको रूपमा रहेको
क्षेत्रमा गोदावरी मार्वल उद्योग २०२१ सालमा स्थापना भई सञ्चालन भइआएकोमा पटकपटक
उद्योग सञ्चालन गर्ने अवधि थप भई मिति २०५३।७।११ मा २०५८।३।२७ देखि १० वर्षको
अवधि थप गरेको देखिन आयो । गोदावरी क्षेत्र वातावरणीय सिंहावलोकन प्रतिवेदन २०४५,
गोदावरी क्षेत्र वातावरणीय अवस्थाबारे छानविन प्रतिवेदन, २०४९ र २०४७ सालमा गठित आयोग
तथा अन्य राष्ट्रिय तथा अन्तर्राष्ट्रिय अध्ययन प्रतिवेदनबाट गोदावरी क्षेत्रमा सञ्चालित मार्वल
उद्योगको कारणबाट त्यसक्षेत्रको प्राकृ तिक, धार्मिक र सांस्कृ तिक सम्पदालाई प्रतिकू ल असर पुर्‍
याएको, दुर्लभ वन्यजन्तु र वनस्पति लोप हुने अवस्थामा पुगेको, ध्वनी, वायु, जल तथा वातावरण
नै प्रदूषण भई समग्र वातावरण सन्तुलनमा नै नकारात्मक असर पुग्न गएको भन्ने देखिन्छ । प्रकृ तिले
रचना गरेको संरचनालाई विचलन गर्ने हो भने Ecological suicide हुन जान्छ । विकासको
नाममा जैविक विविधतालाई असर पर्ने गरी उद्योग सञ्चालन गर्न मिल्दैन ।
वातावरण संरक्षण सम्बन्धमा नेपालले १५ वटा विभिन्न अन्तर्राष्ट्रिय सन्धि सम्झौताहरू अनुमोदन
गरेको छ । त्यस्ता अनुमोदन गरिएका सन्धिका प्रावधान सन्धि ऐन, २०४७ को दफा ९ बमोजिम
कार्यान्वयनमा ल्याउनु पर्ने हुन्छ । ती प्रावधान पालना गर्न नेपाल बाध्य छ । तर वातावरण संरक्षण
गर्न राज्य उदासीन रहेको भन्ने कु रा गोदावरी क्षेत्रको जैविक विविधता तथा त्यहाँको सम्पदामाथि
गरिएको विनाशका सम्बन्धमा निवेदकले पेस गरेको भू-उपग्रह तस्वीरले स्पष्ट गरेको छ । अर्कोतर्फ
सरकारबाट गठित ३–३ वटा समितिले वातावरणीय विनाशका सूची दिएको हुँदा गोदावरी मार्वल
उद्योग वातावरण संरक्षणमा कटिबद्ध रहेको भन्ने देखिन आउँदैन ।
सूर्यप्रसाद शर्मा ढुंगेल विरूद्ध गोदावरी मार्वल उद्योग विपक्षी भएको मुद्दामा भएको निर्देशनात्मक
आदेशबमोजिम वातावरण संरक्षण ऐन, २०५३ जारी भएको तथा खनिज पदार्थ ऐन, २०४२ लागू
गरी सो आदेश के ही हदसम्म पालना गरेको देखिए तापनि सो क्षेत्रको पर्यावरण प्रभावकारीढंगले
संरक्षण गर्नेतर्फ नलागी म्याद थप गर्ने जस्तो कार्य गरेको हुँदा उक्त आदेशको पूर्ण परिपालना भएको
भन्न मिलेन । ऐन जारी गरिएको तर कार्यान्वयन पक्ष फितलो गरी वातावरण सुधारतर्फ नलागी म्याद
थप्ने मात्र कार्य गरी कानूनी कर्तव्य पुरा गरेको नपाइँदा सूर्यप्रसाद शर्मा ढुंगेल विरूद्ध गोदावरी
मार्वल उद्योग मुद्दामा भएको मिति २०५२।७।१४ को आदेशको अवहेलना गरेको ठहर्छ । गोदावरी
मार्वल उद्योग गोदावरी क्षेत्रको पर्यावरणको लागि हानिकारक देखिएको हुँदा उद्योगको खानी
सञ्चालन अवधि २०६८ सालसम्म थप्ने गरी उद्योग वाणिज्य तथा आपूर्ति मन्त्रालयले मिति
२०५३।७।११ मा गरेको निर्णय तथा खानी तथा भूगर्भ विभागको मिति २०५३।६।१६ को पत्र
उत्प्रेषणको आदेशद्वारा बदर गरिदिएको छ । आजैको मितिदेखि सो उद्योग बन्द गरी फू लचोकी
चन्द्रागिरी संरक्षणक्षेत्र घोषणा गरी गोदावरी प्रकृ ति संरक्षण कोष खडा गरी सोही क्षेत्रमा
वातावरणीय संरक्षणको लागि खर्च गर्न नेपाल सरकारको नाउँमा परमादेश जारी हुने ठहर्छ
भन्नेसमेत माननीय न्यायाधीश श्री शारदा श्रेष्ठको राय ।
दिगो विकासका लागि देशमा मौजूद प्राकृ तिक स्रोत र साधनको उपयोग र प्रयोग गर्दा राष्ट्रिय हित,
पर्यावरण र जीवजन्तुलगायत जैविक विविधताको संरक्षणलाई सदैव दृष्टिगत गर्नुपर्दछ । प्रदूषणरहित
स्वस्थ्य वातावरणमा बाँच्न पाउने जनताको हकको संरक्षण र प्रवर्द्धन गर्दै भौतिक विकासको
अपरिहार्यतालाई इन्कार गर्न
सकिँ दैन । योजनाबेगरको अनियन्त्रित निर्माणले विनाश निम्त्याउन सक्छ भने अर्कोतिर निर्माणको
शून्यताले सामाजिक प्रगति अवरूद्ध हुन जान्छ । सूर्यप्रसाद शर्मा ढुंगेल विरूद्ध गोदावरी मार्वल
उद्योगको मुद्दामा (०४९ को रि.पु.इ.नं.३५ ने.का.प.२०५२ विशेषाङ् क १६९) सर्वोच्च अदालतको
पूर्ण इजलासले खनिज पदार्थ ऐन, २०४२ लागू गर्ने, वायु, जल, ध्वनी एवं पर्यावरण संरक्षण गर्न
आवश्यक कानून तर्जुमा गर्नुपर्ने र गोदावरी क्षेत्रको पर्यावरण प्रभावकारीढंगले संरक्षणतर्फ कारबाही
गर्नुपर्ने भनी मिति २०५२।७।१४ मा निर्देशनात्मक आदेश जारी भएको पाइन्छ । उक्त आदेशमा
विपक्षी उद्योगलाई बन्द गर्ने भन्ने उल्लेख छैन । उक्त आदेशको पालना गर्दै तत्कालीन सरकारबाट
मिति २०५६।५।३१ देखि खानी तथा खनिज पदार्थ ऐन, २०४२ लागू गरिसके को र त्यसको
कार्यान्वयनलाई नियमित गर्न खानी तथा खनिज पदार्थ नियमावली, २०५६ पनि जारी गरिसके को
छ भने पर्यावरणीय संरक्षण एवं सम्बर्द्धनका लागि वातावरण संरक्षण ऐन, २०५३ पनि जारी भएर
लागू भइसके को छ । खनिज सम्पदा तथा वातावरण संरक्षण सम्बन्धमा विशेष व्यवस्थासमेत
गरिएबाट निर्देशनात्मक आदेशको परिपालना भएको देखिएको छ । अर्कोतर्फ उद्योगले ISO
१४००१ प्रमाणपत्रसमेत प्राप्त गरिसके को र उद्योगले वातावरण संरक्षणमा असर पुर्‍याए नपुर्‍याएको
सम्बन्धमा सरकारी निकायहरूबाट अनुगमन कार्य भइरहेको र भविष्यमा पनि भइरहने प्रतिबद्धता
जाहेर गरेबाट वातावरण ह्रास हुन गएको भन्ने अवस्था देखिँदैन ।
उद्योगले म्याद थपको लागि माग गर्दाको अवस्थामा उद्योग सञ्चालनको स्वीकृ त अवधि बाँकी
रहँदै Future Plan प्रस्तुत गरेको र सो योजनाअन्तर्गत वातावरण संरक्षणमा पनि ध्यान पुर्‍याएको र
वातावरणको संरक्षण गर्दै सोक्षेत्रको विकासको लागि अन्य सामाजिक क्षेत्रमा समेत योगदान पुर्‍
याएको देखिन आएबाट स्थानीयस्तरबाट उद्योग बन्द गर्नुपर्ने आवाज उठेको पाइँदैन ।
उद्योगले Environment Management system (EMS) लागू गरेको भन्ने देखिन आएको छ ।
जल, ध्वनी र वायु प्रदूषणलाई नियन्त्रण गरी हरियाली प्रवर्द्धन गर्ने प्रयास गरेको र म्याद थपको
लागि निवेदन प्रस्तुत गरेपछि सरकारले प्राविधिक र आर्थिक प्रस्ताव, वातावरणीय योजना,
सामाजिक र आर्थिक योजनासमेतका प्रस्तावहरूको विस्तृत विवरणको अध्ययन छानवीन गरेर १०
वर्षको मिति २०६८।३।२६ सम्मको अवधि थप गरिएको
देखिन्छ । निवेदकहरू प्रदूषण न्यूनीकरण तथा पर्यावरणीय संरक्षणका विधिसम्मत् उपाय अवलम्बन
नगरी उद्योग बन्द गराउन खोजेको देखिँदा सार्वजनिक सरोकारको विवादको सही उपयोग भएको
भन्न
मिलेन ।
खनिज कार्य गर्दा वातावरणमा प्रतिकू ल असर पारेमा वा ऐनमा व्यवस्थित प्रावधानविपरीत उद्योग
सञ्चालन गरेमा वा सुरक्षा वा सार्वजनिक हितको लागि त्यस्ता उद्योगहरूको इजाजतपत्र वा खनिज
कार्य रोक्का गर्न सकिने गरी खानी तथा खनिज पदार्थ ऐन, २०४२ को दफा २५(४), २७ तथा
खानी तथा खनिज पदार्थ नियमावली, २०५६ को नियम ३३ मा सरकारको अधिकारको व्यवस्था
गरेको छ । यसबाट वातावरण संरक्षणमा प्रतिकू ल हुने गरी उद्योग सञ्चालन भएमा सो उद्योगहरूको
इजाजत रद्द गर्न सकिने प्रावधानले औद्योगिक विकास र वातावरण संरक्षणबिच सन्तुलन स्थापित
गर्न खोजिएको छ । त्यसकारण वातावरण संरक्षणविपरीतको कार्य सबै विपक्षीहरूले गरेको भनी
अनुमान गर्न मिल्दैन । कानूनबमोजिम अधिकारप्राप्त अधिकारीले प्रदान गरेको उद्योगको
सञ्चालनको इजाजतपत्र रद्द गर्ने गरी उत्प्रेषणको आदेश जारी गर्न मिल्ने नदेखिएको हुँदा उद्योगको
म्याद थप गर्ने नेपाल सरकारको मिति २०५३।७।११ को निर्णय बदर गर्नु पर्ने नदेखिँदा रिट खारेज
हुने ठहर्छ भन्नेसमेत माननीय न्यायाधीश श्री ताहिर अलि अन्सारीको राय ।
आदेश खण्ड
नियमबमोजिम यस इजलाससमक्ष पेस हुनआएको प्रस्तुत रिट निवेदनमा सुनुवाई हुँदा पक्ष विपक्षको
तर्फ बाट उपस्थित हुनु भएका विद्वान् कानून व्यवसायीहरूले आ-आफ्नो पक्षको समर्थनमा प्रस्तुत
गर्नुभएको बहस बूँदाको सारसंक्षेप देहायबमोजिम रहेको छः-
निवेदकहरूका तर्फ बाट
अधिवक्ता प्रकाशमणि शर्मा
गोदावरी क्षेत्र पर्यावरणको दृष्टिकोणबाट जीवित संग्राहालय जस्तै छ । यसको पर्यटकीय र धार्मिक
महत्त्व पनि रहेको छ । यो क्षेत्रमा अन्यत्र नपाइने धेरै प्रजातिका फू ल, पुतली र चराहरू पाइन्छन् ।
जैविक विविधताको हिसावबाट समेत ज्यादै संवेदनशील क्षेत्र हो । नेपालकै सबैभन्दा बढी पानी पर्ने
स्थान हो ।
गोदावरी क्षेत्रको संवेदनशीलता दृष्टिगत गर्दै सूर्यप्रसाद शर्मा ढुंगेलको निवेदनमा स्पष्ट
मार्गदर्शनसहित निर्देशनात्मक आदेश जारी भएको
थियो । तर आदेश जारी भएपछि उल्टै उद्योगको नवीकरण गर्ने कार्य भयो । अझ २०५३ सालको
नवीकरणउपर परेको रिट निवेदन अदालतमा विचाराधीन छँदाछँदै पुनः नवीकरण गरिएबाट विपक्षी
निकायहरू वातावरण प्रति असंवेदनशील भएको स्पष्ट हुन्छ । वन विभाग, राष्ट्रिय निकु ञ्ज तथा
वन्यजन्तु विभाग लगायत नेपाल सरकारका नियकाहरूको पत्राचारबाटै जैविक विविधता नोक्सान
भइरहेकोले उद्योग बन्द गर्नुपर्ने कु रा उल्लेख भएको देखिन्छ । विदेशी विज्ञहरूले पनि यस क्षेत्रको
संरक्षण हुनुपर्ने भनी चिन्ता र चासो व्यक्त गरेका छन् । मार्वल अर्को ठाउँबाट पनि ल्याउन सकिएला
तर नष्ट भएको पर्यावरण फिर्ता हुन सक्दैन । यहाँ पाइने चराहरू विश्वमै नपाइने दुर्लभ प्रकृ तिका छन् ।
जंगल र वनस्पति पनि त्यस्तै छ । अन्य जीवजन्तुको मुख्य बासस्थान पनि यसै पहाडमा रहेको हुँदा
यसको संरक्षण अपरिहार्य छ । उद्योगले वातावरण ऐन, २०५३ को दफा ३ बमोजिम वातावरणीय
प्रभाव मूल्याङ्‍कन (EIA) समेत नगराएको हुँदा गैरकानूनीरूपमा सञ्चालन भएको छ ।
सर्वोच्च अदालतबाट वातावरण संरक्षणका सम्बन्धमा समयसमयमा जारी भएका आदेश
निर्देशनहरूबाट नेपालको वातावरणीय विधिशास्त्रको आधारस्तम्भ खडा भएको हुँदा त्यसतर्फ पनि
दृष्टि पुर्‍याइनु पर्दछ । राष्ट्रिय र अन्तराष्ट्रिय क्षेत्रबाट भएका अध्ययन अनुसन्धानबाट समेत गोदावरी
मार्वलले सो क्षेत्रको जैविक विविधतालाई प्रतिकू ल असर पुर्‍याएको हुँदा बन्द गर्नुपर्ने सुझाब
दिइएकोले त्यस्ता अध्ययन अनुसन्धानलाई समेत हेरिनु पर्दछ । उद्योग जहिलेसुकै घाटामा देखाइन्छ
। राज्यलाई नगन्य कर तिरेको अवस्था छ । मार्वलको नाममा ढुंगा र गिटीको कारोबार गर्ने
गरिएकोले वातावरणमा थप नकारात्मक असर परेको हो । त्यसैले निवेदन मागबमोजिमका आदेश
जारी गरिनु पर्दछ ।
वरिष्ठ अधिवक्ता डा.श्री सूर्यप्रसाद शर्मा ढुंगेल
विकासोन्मूख मुलुक नेपालमा विकासको समेत खाँचो हुँदा दिगो विकासको रणनीति अख्तियार
गर्नुपर्ने अवस्था छ । विकास गर्ने नाममा जैविक विविधताले भरिपूर्ण प्राकृ तिक सम्पदाको विनाश
गर्ने विषयले प्राथमिकता पाउनु हुँदैन । पर्यावरण संरक्षण र विकास एक अर्काका परिपूरक भएको
हुँदा परस्पर टेवा पुग्ने गरी कार्यक्रम सञ्चालन गरिनु पर्दछ । गोदावरी मार्वल उद्योगको
सञ्चालनबाट भएको विकासभन्दा त्यस क्षेत्रको पर्यावरणमा गम्भीर प्रकृ तिको क्षति पुगेको
अवस्थालाई हेरिनु पर्दछ ।
Critical habitat र Endanger species छ भने वासस्थान सुरक्षित गर्नुपर्ने भन्ने संयुक्त राज्य
अमेरिकाको सर्वोच्च अदालतले लाटोकोसेरोको संरक्षणसम्बन्धी मुद्दामा बोलेको छ । ढुंगा र
मार्वल निकाल्दा समग्र वातावरणमा असर पुर्‍याउने कु रा त छँदैछ मार्वलमै आश्रित भएर बस्ने
जीवजन्तुलाई पनि प्रत्यक्ष असर परेको छ । मार्वलको चट्टान दुर्लभ प्रजातिका जीवजन्तुको
वासस्थानमात्र नभएर Breeding स्थल पनि हो । पर्यावरण भन्ने कु रा एकपटक नष्ट भएपछि सदाको
लागि नष्ट हुने हुँदा विशेष संवेदनशीलता देखाउन सक्नु पर्दछ । वन र वातावरणसम्बन्धी ऐनले मात्र
होइन खनिज ऐनले पनि वातावरणमा प्रतिकू ल असर नपर्ने गरी मात्र खानी उद्योग सञ्चालन गर्नुपर्ने
व्यवस्था गरेको छ । नियमन निकायहरूले प्रचलित नेपाल कानूनमा भएका व्यवस्थाहरू
प्रभावकारीरूपमा कार्यान्वयन नगरिदिँदा यस्तो अवस्था आएको हो । उद्योगले हालसम्म
वातावरणमा पुर्‍याएको क्षतिको कु नै पूर्ति हुन सक्दैन । त्यसैले उद्योग बन्द गर्दा राज्यले क्षतिपूर्ति
दिने नभई उल्टै क्षतिपूर्ती असूल गर्नुपर्ने अवस्था छ ।
अधिवक्ता दिनमणी पोखरेल
विपक्षी उद्योगले गोदावरी क्षेत्रको वातावरण प्रदुषण गरेको भन्ने कु रा वन मन्त्रालयले ठहर गरी
निर्णय गरी सके को हो । वन मन्त्रालयले वातावरणमा असर पर्छ भनी गरेको निर्णयविपरीत खानी
विभागले वातावरणमा असर पर्दैन भनी गरेको निर्णयको कु नै आधार छैन । वातावरण विनासलाई
तत्काल रोक्न उद्योग बन्द गरिनुको विकल्प छैन । मागबमोजिम रिट जारी हुनुपर्छ ।
अधिवक्ता कविता पाण्डे
प्रकृ ति र सम्पदाको संरक्षण गर्नु हरेक राज्यको कर्तव्य हो । विकासको लागि प्रकृ तिको विनाश नै
गर्नुपर्छ भन्ने पनि छैन । धेरै विकसित मुलुकहरूमा वातावरण सरंक्षण र विकासलाई सँगसँगै
लगिएको छ । गोदावरी क्षेत्रको जैविक विविधता नेपालको लागि मात्र नभई विश्वकै लागि अनुपम
भएको हुँदा यसको संरक्षण हुनुपर्दछ ।
सर्वोच्च अदालतले यसको स्थापना कालदेखि नै वातावरण संरक्षणको दिशामा महत्त्वपूर्ण भूमिका
निर्वाह गरेको छ । प्रस्तुत विवादमा समेत अदालतले न्यायिक सक्रियता प्रदर्शन गरी गोदावरी
क्षेत्रको पर्यावरण जोगाइनु पर्दछ ।
प्रत्यर्थी नेपाल सरकारको तर्फ बाट
सहन्यायाधिवक्ता श्री किरण पौडेल
कु न क्षेत्रमा उद्योग सञ्चालन गर्न दिने र नदिने भन्ने कु रा कार्यकारीको नीतिगत र तजविजी
अधिकारअन्तर्गतको विषय भएको हुँदा अदालतले हस्तक्षेप गर्न मिल्दैन । पुतली संरक्षणको
विषयलाई देशको विकाससँग दाँजेर हेर्न मिल्दैन । विकास र वातावरणबिच सन्तुलन कायम गरी
असर न्यूनीकरण गर्दै जानु पर्ने हुन्छ ।
वातावरणको मुद्दा कु नै एक समाज वा मुलुक विशेषको मुद्दा नभई समग्र मानव समुदायको साझा
अवधारणा बन्न पुगेको छ । यसको संरक्षणको लागि अन्तर्राष्ट्रिय जगतबाट धेरै पहिलेदेखि पहल
हुँदै आएको देखिन्छ । खासगरी संयुक्त राष्ट्रसंघको पहलमा भएका प्रयासहरू सह्रानीय रहेका छन् ।
सन् १९७२ मा स्टकहोल्म सम्मेलनमा बढ्दो वातावरण विनाशलाई कसरी रोक्ने भन्ने सम्बन्धमा
प्रारम्भिक वातावरणीय सरोकार देखाइयो । सन् १९८३ मा गठन भएको समितिले सन् १९८७ मा
प्रतिवेदन दियो । Brutland Report भनिने यो प्रतिवेदनले मानव समुदायको साझा भविष्य (Our
common future) का लागि विकास र वातावरणबिच तालमेल मिलाउनु पर्ने कु रामा जोड दिएको
छ । दिगो विकासको मान्यतालाई ब्राजिलको रियो दि जेनेरियोमा सन् १९९२ मा भएको पृथ्वी
सम्मेलनले महत्त्वपूर्णरूपमा उठायो । त्यस्तै सन् २००२ मा World Summit on Sustainable
Development सम्पन्न भयो । त्यसयता वातावरणको क्षेत्रमा थप उल्लेखनीय कार्यहरू भइरहेका
छन् । अन्तर्राष्ट्रियस्तरमा भएका यी पहलहरूले विकास नै गर्न नहुने कु रालाई होइन विकास र
वातावरणबिच समन्वय गरिनु पर्ने विषयमा जोड दिएको पाइन्छ ।
राष्ट्रिय कानूनले पनि विकास र वातावरणको मुद्दालाई सम्बोधन गरिरहेको अवस्था छ । वन ऐन,
२०४९ को दफा ६७ ले सार्वजनिक वनक्षेत्र नेपाल सरकारको हुने व्यवस्था गरेको छ । दफा ६८ ले
वनक्षेत्र सरकारले प्रयोग गर्न सक्ने भनेको छ । खानी तथा खनिज पदार्थ ऐन, २०४२ को दफा ३ ले
नेपालभित्रका निजी वा सरकारी जुनसुकै जग्गामा अवस्थित खानी नेपाल सरकारको सम्पत्ति हुने
व्यवस्था गरेको छ । राष्ट्रिय वन क्षेत्रभित्र भएको खानीमा वन विभाग वा खानी विभागमध्ये कसको
नियन्त्रण रहने भन्ने कु राले यी दुई निकायहरूबिच के ही असामञ्जस्यता देखिएको हुँदा निवेदकले
सोही कु राको लाभ उठाउन खोजेको देखिन्छ । औद्योगिक व्यवसाय ऐन, २०४९ को प्रस्तावनादेखि
नै राज्यले उद्योगधन्दालाई प्रोत्साहन दिने कु रा उल्लेख भएको छ । यसले गरेको उद्योगका विभिन्न
वर्गीकरणमध्ये खानी उद्योग पनि एक
देखिन्छ । वातावरण संरक्षण ऐन, २०५३ सम्मानीत अदालतको आदेशको परिणामस्वरूप आएको
तथ्यमा विवाद छैन । यो ऐन पनि वातावरण संरक्षण र दिगो विकासलाई सँगसँगै र सन्तुलितरूपमा
लैजानुपर्ने कु रामा नै आधारित देखिन्छ । यो ऐन र यसअन्तर्गत बनेको नियमले उद्योग स्थापना
गर्नुपूर्व छु ट्टै वातावरणीय प्रस्ताव पेस गर्नुपर्ने, वातावरणीय प्रभाव मूल्याङ्‍कन EIA र प्रारम्भिक
वातावरणीय परीक्षण IEA गराउनु पर्नेलगायत ध्वनी, वायु प्रदूषणका मापदण्डहरूसमेत निर्धारण
गरेको छ । त्यस्तै खानी ऐनको दफा ११क.ले खनिज कार्य गर्दा वातावरणमा प्रतिकू ल प्रभाव नपर्ने
गरी गर्नुपर्ने व्यवस्था गरेको छ । दफा २३ ले ऐनको व्यवस्थाबमोजिम खनिज कार्य भए नभएको
सम्बन्धमा अनुगमन गर्नको लागि सम्बन्धित अधिकृ तलाई जिम्मेवारी तोकिएको देखिन्छ । ऐनको
बर्खिलाप काम गर्नेलाई दफा २५ बमोजिम सजाय हुने व्यवस्था पनि छ । दफा २७ ले राष्ट्रिय र
सार्वजनिक हितलाई असर पर्ने अवस्थामा अनुमति रद्द गर्न सक्ने व्यवस्था गरेको छ । खानी तथा
खनिज पदार्थ नियमावली र वातावरण संरक्षण नियमावलीमा समेत वातावरणमा कम असर पर्ने गरी
खानी सञ्चालन गर्नुपर्ने कु रा उल्लेख भएको छ । वातावरण संरक्षण ऐनको दफा १० बमोजिम
विशेष संरक्षणक्षेत्र घोषणा गर्न सक्ने व्यवस्था भए पनि नेपाल सरकारबाट हालसम्म सो
दफाबमोजिम संरक्षणक्षेत्र घोषणा भएको छैन ।
वातावरणसम्बन्धी अन्तर्राष्ट्रिय कानूनमा विकास कार्य सञ्चालन गर्नको लागि राज्य सार्वभौम हुने,
विकासको अधिकारलाई वातावरणले रोक्न नसक्ने, साझा तर फरक दायित्व, जसले प्रदूषण गर्छ
उसैले क्षतिपूर्ति ब्यहोर्नु पर्छ लगायतका मान्यता विकास गरिएको पाइन्छ ।
गोदावरी मार्वलको ११६ हेक्टर लिज एरिया भएकोमा हाल जम्मा ५ हेक्टरमा खानीको काम
भइरहेको छ । ५ हेक्टर भनेको ज्यादै सानो क्षेत्र भएकोले यसमा गरिने गतिविधिबाट गोदावरी
क्षेत्रको पर्यावरणमा कु नै असर परेको अवस्था छैन । सरकार पनि वातावरण प्रदूषण होस भन्ने
पक्षमा
छैन । उक्त उद्योगबाट वातावरणमा असर नपरोस् भनी खानी विभागलगायतका नियमन
निकायहरूबाट नियमितरूपमा अनुगमन भइरहेको छ । नेपालमा मार्वल उत्खनन् हुने क्षेत्र यही मात्र
हो । काठमाडौंबाट १५ कि.मि.दूरीमा रहेको नमूना उद्योग हो । त्रिभुवन विश्वविद्यालयबाट नजिक
भएको कारण Mining Study को प्रयोगशालाको रूपमा समेत यसको उपयोग भइरहेको छ । के ही
समस्या भए व्यवस्थापन पक्षमा हुन सक्दछन् । त्यस्ता समस्याको व्यवस्थापन गरिनुपर्छ भन्ने माग
जायज हुन सक्दछ तर त्यसको बदलामा उद्योग नै बन्द गरिनुपर्दछ भन्ने कु रा उचित हुन
सक्दैन ।
उद्योगको स्थापनादेखि नै विभिन्न क्षेत्रबाट अवरोध पुर्‍याउने कार्य हुँदै आएको छ । यसै क्रममा
के ही समयसम्म उद्योग बन्द पनि भयो । सरकारी र गैरसरकारी तवरमा विभिन्न अध्ययन पनि
भएका
छन् । उद्योग बन्द नै गर्नुपर्छ भनी कु नै पनि अनुसन्धान प्रतिवेदनले भन्न सके को छैन । उदयपुर र
हेटौंडा सिमेन्ट पछि राजस्व बुझाउने तेस्रो उद्योग हो । यो रिट निवेदन २०६८ सालसम्म म्याद
थपिएको विषयलाई लिएर परेको हुँदा त्यसको प्रयोजन समाप्त भइसके को छ ।
उद्योग बन्द गर्नुपर्छ भन्ने निवेदनको माग छ, तर के कति कारणले बन्द गर्नुपर्ने हो भन्ने कु राको ठोस
आधारसहित निवेदन दाबी लिन सके को
पाइँदैन । राष्ट्रिय हित र सुरक्षाको विरूद्ध देखिएको अवस्थामा उद्योगको अनुमति खारेज गर्नसक्ने
व्यवस्था खानी ऐनको दफा २७(१) र नियमको ४३(घ) मा रहेको छ । यो अधिकार नेपाल
सरकारको भएकोले कार्यकारीको क्षेत्राधिकार पर्ने यस्तो प्रशासकीय प्रकृ तिको विषयमा
अदालतबाट अन्यथा निर्णय गर्न मिल्दैन । खानी ऐनको दफा १२(१) बमोजिम खनिज उत्खनन्
कार्य तत्काल निषेध गरिपाउँ भन्ने पनि निवेदन माग देखिन्छ । तर खानी विभागबाट तोकिएका सबै
पूर्वसर्त उद्योगले पुरा गरेको हुँदा यो दफा आकर्षित हुने अवस्था छैन । वातावरण संरक्षण ऐनको
दफा १० बमोजिम संरक्षणक्षेत्र घोषणा गरिपाउँ भन्ने पनि माग छ तर सो अवस्था छ, छैन भनी
निर्णय गर्ने अधिकार पनि नेपाल सरकारकै भएकोले अदालतबाट त्यस्तो आदेश जारी हुन सक्दैन ।
सार्वजनिक सरोकारको प्रस्तुत रिट निवेदनबाट खानी ऐनको दफा २१(३) बमोजिम उद्योगले
वातावरणमा पुर्‍याएको क्षति यकीन गरी क्षतिपूर्ती तिराई पाऊँ भन्ने कु रा यकीन गर्न मिल्ने होइन ।
ऐनको व्यवस्थाबमोजिम सम्बन्धित निकायमा त्यस्तो उजुर परेको अवस्था नभएकोले सो विषयमा
प्रवेश गर्न मिल्दैन । समग्रमा निवेदन दाबी यथार्थ वस्तुस्थितिमा आधारित नभएको र नेपाल
सरकारबाट उद्योगको नियमित अनुगमन गरी आवश्यक निर्देशन दिइरहेको अवस्था हुँदा रिट निवेदन
खारेज हुनुपर्दछ ।
प्रत्यर्थी गोदावरी मार्वल उद्योगको तर्फ बाट
अधिवक्ता श्री बालकृ ष्ण ढकाल
साबिकमा राणाकालदेखि स्थापना भएको यो उद्योगको स्वामित्व हस्तान्तरण हुँदै आई २०३३
सालदेखि चिरञ्जिवी अग्रवालसमेतको स्वामित्वमा रहेको छ । प्रचलित कानून, सरकारी निर्देशन र
मापदण्डअनुरूप नै उद्योग सञ्चालन भइरहेको भए पनि उद्योगलाई एकपछि अर्को गर्दै अदालतमा
तानिएको करिब २३ वर्ष भइसके को छ । २०४६ सालमा सूर्यप्रसाद शर्मा ढुंगेलले उद्योगको
विरूद्धमा पहिलो मुद्दा दिनु भएकोमा २०५२।७।१४ मा आदेश भएको थियो । तर स्थानीय जनता र
गा.वि.स.को उद्योगप्रति सकारात्मक दृष्टिकोण रहेको कु रा सो मुद्दामा गा.वि.स.को तर्फ बाट प्रेषित
लिखित जवाफबाट स्पष्ट हुन्छ । २०५२ सालमा खानी ऐन, लागू गर्नू, नियम र वातावरणसम्बन्धी
कानून बनाउनू भन्न आदेश भएकोमा सो कार्य सम्पन्न भइसके को छ ।
खानी ऐन, २०५६ सालमा ऐन लागू हुनु अगावै २०५२।११।१५ मा २० वर्ष अवधिको लागि
अनुमति नवीकरण गर्न उद्योगको तर्फ बाट निवेदन परेको
थियो । सो निवेदनमा लगानी थप्ने कु रा पनि उल्लेख थियो । खानी विभागले २०५३।१।३ मा
उद्योगलाई लेखेको पत्रमा वातावरण संरक्षणसम्बन्धी योजना र कार्यक्रम पेस गर्न भनियो ।
सोबमोजिम उद्योगले २०५३ सालमा विस्तृत प्रस्ताव पेस गर्‍यो । जसमा Environmental
Planning and Management को विषयमा उद्योगले गर्ने कार्यहरू र Dust Control बारेमा
स्पष्ट उल्लेख छ । उद्योगका तर्फ बाट पेस गरिएका अध्ययन प्रतिवेदन र प्रस्तावहरूको अध्ययन गरी
नवीकरण गर्ने निकाय खानी विभाग सन्तुष्ट भएकोले नै १० वर्षको लागि नवीकरण भएको हो ।
त्यसपछि पनि २०६८ सालमा म्याद समाप्त हुने भएको कारण समयमै निवेदन दिई सबै प्रक्रिया पुरा
गरी २०७८ सालसम्मको लागि नवीकरण भइसके को अवस्था छ । उद्योगमा ठूलो लगानी परेको
हुँदा लागानीकर्ताले उद्योगको नियमित सञ्चालनको प्रत्याभूति खोज्नु अस्वाभाविक हुन सक्दैन ।
सरकारी निकायहरूबिच रहनु पर्ने समन्वयको अभावका कारणबाट के ही समय उद्योग बन्द गर्न
लगाइयो । पछि संसदीय समितिको निर्देशनको आधारमा वन मन्त्रालयबाट विभाग हुँदै जिल्ला वन
कार्यालयको रेखदेखमा उद्योग सञ्चालन गर्ने गरी निलम्बन फु कु वा भई हालसम्म उद्योग
सुचारूरूपमा सञ्चालन भइरहेको छ । हाल खानी विभाग र वन विभाग दुवै निकायहरूबाट
उद्योगको नियमित अनुगमन भइरहेको छ । नियमविपरीत उद्योग सञ्चालन भएको पाएमा
सम्बन्धित निकायबाट आवश्यक निर्देशन हुने नै छ ।
हामीले अनुमति लिँदा नांगो डाँडा
थियो । खानी सञ्चालन गरेपछि उद्योगकै तर्फ बाट करिव एकलाख भन्दा बढी वृक्षारोपण गरी
हराभरा पारिएको छ । उद्योग स्थापना हुनुअघि सो क्षेत्रमा के कस्ता वन, वनस्पति, Flora, fauna
थियो र हाल त्यसमा के कस्तो परिवर्तन आएको छ भन्ने कु राको तुलनात्मक अध्ययन गरी निश्चित
आधारसहित निवेदन परेको पनि छैन । वातावरणीय प्रभाव मूल्याङ्‍कनका लागि निवेदकले निवेदन
दिएको भए पनि सरकारकै तर्फ बाट सो दिइएको छैन । तर उद्योगकै पहलमा ISO १४००
Certificate लिइएको छ । उद्योग विभागले मिति २०६८।११।१७ मा लेखेको पत्रमा पनि ऐन
आउनुअघि स्थापना भएका उद्योगले वातावरणीय प्रभाव मूल्याङ्‍कन गराउन नपर्ने भनिएको छ ।
स्थानीयरूपमा उद्योगको कु नै विरोध भएको छैन । विभिन्न सामुदायिक समितिहरूले उद्योगलाई
धन्यवाद दिएका छन् । सरोकार देखाई निवेदन गर्न आउने रविराज आचार्यसमेतका स्थानीय
व्यक्तिहरू सदस्य रहेको कार्यदलले अध्ययन गरी उद्योग सञ्चालन गर्न दिएको हो । जिल्ला वन
कार्यालयले उद्योग विभागलाई गरेका पत्राचारहरूबाट पनि सो निकायले नियमित अनुगमन गरेको
कु रा देखिएकै छ ।
उद्योगले आफ्नै तर्फ बाट Environmental Management System लागू गरेको र ISO
Standard अवलम्बन गरेको छ । राज्यलाई उल्लेख्य कर तिरेको छ भने सयौंलाई रोजगारी पनि
दिएको छ । पर्यावरणमा नोक्सान पार्ने कु नै कार्य गरेको
छैन । हालसालै ब्राजिलमा सम्पन्न Rio Plus सम्मेलनले पर्यावरणसम्बन्धी साविकको मान्यतामा
के ही परिवर्तन ल्याएको छ । खास गरी दिगो विकासलाई गरिवीसँग जोड्ने प्रयास भएको छ ।
मुख्यतः आर्थिक विकास, सामाजिक विकास र वातावरण संरक्षणलाई एकै साथ हेर्नुपर्ने वर्तमान
मान्यतालाई सन्तुलित ढंगबाट ब्याख्या गरिनु पर्दछ । उद्योगले यी सबै विषयमा योगदान पुर्‍याई
रहेको र वातावरण विनासको कु नै कार्य नगरेको हुँदा रिट निवेदन खारेज गरिनु पर्दछ ।
अधिवक्ता मोतिकला सुब्बा देवान
संरक्षितक्षेत्र घोषणा गरिपाउँ भन्ने माग गरेर मात्र हुँदैन । साविकमा भएको के कु न प्रजातिको
जनसंख्या घटेर गएको भन्ने देखाउन पनि सक्नु पर्दछ । यो यस्तो ऐतिहासिक र सांस्कृ तिकक्षेत्र रहेको
भनी पुष्टि गर्नुपर्दछ । वातावरण संरक्षण ऐनलगायत पर्यावरणको क्षेत्रमा काम गर्ने संघ संस्थाहरूले
पनि के कस्तो स्थानलाई संरक्षणक्षेत्र घोषणा गर्नुपर्दछ भन्ने सम्बन्धमा मापदण्ड र प्रक्रिया तोके का
छन् । गोदावरीका सम्बन्धमा त्यस्तो अवस्था नभएकोले सोसम्बन्धी माग दाबी निरर्थक छ । रियो र
त्यसपछि भएका वातावरणसम्बन्धी सम्मेलनहरूले पनि पर्यावरण संरक्षणको लागि दिगो विकासको
अवधारणालाई अघि सारेका छन् । तर विकास गर्नै नहुने भन्ने कसैको मत
छैन । दिगो विकासको लागि संस्थागत ढाँचा र प्रक्रियागत मापदण्ड विकसित गरिएका छन् ।
अन्तर्राष्ट्रिय अभ्यास हेर्दा राष्ट्रिय आयमा ठूलो योगदान पुर्‍याएको छ भने पर्यावरणमा के ही
नोक्सान भएको अवस्थामा पनि सहनशीलता अपनाइएको छ । Polluter’s pay को सिद्धान्त
निवेदकले उठाएजस्तो हल्का विषय होइन । त्यसको लागि पर्यावरण प्रदूषणको कारण क्षति भएको
स्थापित हुनु पर्दछ । निवेदक स्थानीय बासिन्दासमेत नभएको हुँदा सो विषय उठाउन मिल्दैन ।
अधिवक्ता श्री नरेन्द्र पाठक
अघिल्लो फै सलाले पनि उद्योग बन्द गर्नू भनी आदेश दिएको अवस्था होइन । जिम्मेवार निकायले
अनुगमन र निरीक्षण गर्दाका अवस्थामा प्रक्रिया उल्लङ् घन भएको वा मापदण्डको पालना नभएको
पाएमामात्र उद्योग बन्द गर्ने आदेश दिन सक्दछ । अदालतले सो कु रा जाँच गर्न नमिल्ने हुँदा आदेश
दिनसमेत मिल्दैन । खानी तथा खनिज पदार्थसम्बन्धी ऐन, २०४२ मा पनि पर्यावरण विनाश
विरूद्धको उपचारको व्यवस्था भएको छ । त्यस्तो कु नै अवस्था नभई अनुमान र कल्पनाको भरमा
निवेदन गरेको हुँदा खारेज गरिनु पर्दछ ।
वरिष्ठ अधिवक्ता श्री शम्भु थापा
पूर्व फै सलाहरूलाई गम्भीरतापूर्वक अध्ययन गरिनु पर्दछ । प्रस्तुत मुद्दामा संयुक्त इजलासमा राय
बाझिएको अवस्था र स्थितिलाई पनि विचार गरिनु पर्दछ । पेसा, व्यवसाय र उद्योग गर्ने विषय
मौलिक हक भएको हुँदा पश्चातदर्शी असर हुने गरी हनन् गर्न
मिल्दैन । राज्यको कानूनअनुसार स्थापना भई जिम्मेवार निकायबाट अनुमति पाई रितपूर्वक
सञ्चालन भएको उद्योग सार्वजनिक सरोकारको रिट निवेदनबाट बन्द हुन सक्दैन । उद्योगले
प्रचलित कानूनको पालना नगरेको वा मापदण्ड उल्लङ् घन गरेको भए कानूनी मार्गबाटै उपचार
खोजिनु पर्दछ । संसदको प्राकृ तिक स्रोत साधन समितिको निर्देशनबमोजिम उद्योग सञ्चालन गर्न
दिइएको छ । सो निर्णय बदरको माग गरिएको छैन । त्यसैले रिट निवेदन खारेज हुनुपर्दछ ।
अधिवक्ता श्री रमणकु मार श्रेष्ठ
यसअघि नै निरोपण भइसके को एउटै विषयमा दोस्रो पटक निवेदन दिएको हुँदा अ.वं.८५ नं.
आकर्षित हुने अवस्था छ । संयुक्त इजलासका माननीय न्यायाधीश श्री शारदा श्रेष्ठले निवेदन माग
दाबीमा सीमित नरही आदेश गरेको हुँदा त्यस्तो राय कायम हुन सक्दैन । प्रचलित
कानूनबमोजिमको उपचार खोजी गरिनु पर्दछ । खानी बन्द गर्ने वा नगर्ने भन्ने कु रा अदालतबाट
निरोपण हुने विषय नभई खानी विभागले निर्णय गर्ने विषय हुँदा रिट निवेदन खारेज हुनुपर्दछ ।
वरिष्ठ अधिवक्ता श्री सुशील पन्त
पहिले यहि विषयमा तीन जना न्यायाधीशहरूबाट फै सला भई सके कोले फे री तीन जना
न्यायाधीशको इजलासबाट प्रस्तुत मुद्दा हेर्न मिल्ने हो वा होइन त्यो कु राको पनि निरोपण
हुनुपर्दछ । राज्यको तर्फ बाट पेस भएका अध्ययन प्रतिवेदनमा उद्योगले गोदावरी क्षेत्रको पर्यावरणमा
कु नै असर पुर्‍याएको छैन भनिएको छ भने निजीरूपमा तयार पारिएका प्रतिवेदनमा क्षति पुर्‍याइएको
भनिएको छ । तर निजी प्रतिवेदनको Source of Wisdom के हो उल्लेख छैन । संयुक्त इजलासमा
माननीय न्यायाधीश श्री शारदा श्रेष्ठको रायमा व्यक्त भएको भारतीय मुद्दाहरूको तथ्य र यो मुद्दाको
तथ्यमा समानता छैन । उद्योगले कु नै वातावरणीय विनास नगरेकोले माननीय न्यायाधीश श्री ताहिर
अली अन्सारीको राय मनासिब हुँदा रिट खारेज हुनुपर्छ ।
वरिष्ठ अधिवक्ता बोर्णबहादुर कार्की
वातावरणमा प्रतिकू ल असर पर्‍यो भनेर निवेदकले भन्दा मात्र हुने होइन । निवेदकले पेस गरेको
प्रदुषण भनेका कागजहरू निवेदकले निजीस्तरमा पेस गरिएका हुन् । सरकारीस्तरमा गरिएका
अध्ययनलाई प्रमाण ऐनको दफा ६ बमोजिम प्रमाणमा लिनुपर्छ । संसदीय उप समितिले उद्योग
चल्न दिनु भनी निर्देश गरेको छ । यो निर्णय बदर भएको छैन, रिट निवेदन खारेज हुनुपर्छ ।
अधिवक्ता श्री शारदा प्रसाद कोइराला
रिट निवेदनमा उद्योगले के कस्तो गैरकानूनी कार्य गरेको भन्ने वस्तुनिष्ट दाबी नै छैन । रिट निवेदनमा
उठाइएको विषयवस्तु कु नै अनुसन्धानमा आधारित नभई काल्पनिकरूपमा प्रदूषण गरियो भनिएको
छ । अनुमान र तर्क को आधारमा प्राविधिक विषयमा निष्कर्ष निकाल्न मिल्दैन । वातावरण र
विकासमा सन्तुलन हुनुपर्छ भन्ने कु रा सार्वजनिक सरोकारको क्षेत्रभित्र पर्न सक्दछ तर उद्योग नै बन्द
गर्नुपर्छ भन्ने कु रा न्यायोचित हुन सक्दैन । अतः रिट निवेदन खारेज हुनुपर्छ ।
रिट निवेदनको कारबाहीमा सरोकार देखाई सरिक भएका पक्षबाट
अधिवक्ता श्री टंकप्रसाद दुलाल
उद्योगबाट स्थानीय जनतालाई असर पर्ने हो । २०५३ सालमा पनि उद्योग सञ्चालन गर्न दिने र
उद्योगबाट परेको असर कम गर्ने गरी स्थानीय र उद्योगबिच सहमति भएको थियो । कानूनबमोजिम
गठित उपभोक्ता समूहले दिएको पत्रमा गोदावरी मार्वल त्यहाँ भएको कारण वन संरक्षणलाई सहयोग
भएको उल्लेख छ । त्यहाँका ५०० कामदार कर्मचारीले काम पाएका छन् । यो उद्योग प्रदूषण गर्ने
उद्योग होइन । माननीय न्यायाधीश श्री ताहिर अली अन्सारीको राय कायम हुनुपर्छ ।
पक्ष विपक्षका विद्वान् कानून व्यवसायीहरूले गर्नुभएको उपरोक्त तर्क पूर्ण बहस सुनी, पेस भएको
लिखित बहसनोट, रिट निवेदन र लिखित जवाफ तथा सम्बद्ध संवैधानिक र कानूनी
व्यवस्थाहरूसमेतको समग्र अध्ययन गरी हेर्दा प्रस्तुत रिट निवेदनको रोहबाट मूलतः देहायका
प्रश्नहरूमा के न्द्रित रही निर्णय निरूपण हुनुपर्ने देखिन आएको छः
१. वातावरणीय न्यायको अवधारणा एवम् पर्यावरण र विकासका क्रियाकलापबिच सन्तुलन कायम
गर्ने अन्तर्राष्ट्रिय मापदण्डहरू के कसरी विकास भइरहेको देखिन्छ?
२. वातावरणीय न्यायका सम्बन्धमा यस अदालतबाट के कस्तो विधिशास्त्रीय मान्यता विकास
गरिएको छ ?
३. जैविक विविधता र पर्यावरण तथा धार्मिक एवम् सांस्कृ तिक दृष्टिकोणबाट फू लचोकी गोदावरी
क्षेत्रको के कस्तो महत्त्व रहेको देखिन्छ र विपक्षी गोदावरी मार्वल उद्योगको संचालनबाट त्यस
क्षेत्रको जैविक विविधता तथा पर्यावरणीय सन्तुलनसमेतमा प्रतिकू ल असर परेको अवस्था छ वा
छैन?
४. गोदावरी मार्वल उद्योगबाट गोदावरी क्षेत्रमा भइरहेका उत्खननसमेतको क्रियाकलापहरू
वातावरण संरक्षणका सम्बन्धमा नेपालको संविधान र कानूनले गरेका व्यवस्थाअनुरूप रहेको
देखिन्छ वा देखिँदैन?
५. रिट जारी र खारेज गर्ने गरी संयुक्त इजलासबाट व्यक्त भएका रायमध्ये के कु न राय कायम हुने हो
वा अन्य के कस्तो प्रकृ तिको आदेश जारी गर्नु उपयुक्त हुने हो?
निवेदकहरूले मूलरूपमा यस अदालतबाट सूर्यप्रसाद शर्मा ढुंगेल विरूद्ध गोदावरी मार्वल्सको
मुद्दामा यसअघि जारी भएको आदेशको अवज्ञा गरी विपक्षी गोदावरी मार्वल्सले लगातार उत्खनन्
गरी गोदावरी क्षेत्रमा वातावरण प्रदूषण गरिरहेको, सो उद्योगले गरेको पर्यावरण विनासको तुलनामा
राष्ट्रिय अर्थतन्त्रमा पुर्‍याएको योगदान नगन्य रहेको, अन्तर्राष्ट्रिय विज्ञका अलावा राज्यका
जिम्मेवार निकायहरूबाट भएका अध्ययन अनुसन्धानहरूबाट गोदावरी क्षेत्र धार्मिक र सांस्कृ तिक
दृष्टिकोणबाट मात्र नभई विश्वमै दुर्लभ चराचुरूङ् गी र जीवजन्तुहरूको जीवित संग्राहलय भएको हुँदा
यसको संरक्षण हुनुपर्ने कु रा औंल्याइएको समेतबाट सो उद्योगको अवधि बाँकी छँदा छँदै पुनः १०
वर्षका लागि अनुमति थप्ने गरी भएको विपक्षीको निर्णय उत्प्रेषणको आदेशद्वारा बदर गरी उद्योग
तत्काल बन्द गर्नु भन्ने परमादेश र गोदावरी क्षेत्रलाई वातावरण संरक्षण ऐन,२०५३ बमोजिम
संरक्षित क्षेत्र घोषणा गरिपाउँ भन्नेसमेत माग गरेको पाइयो ।
विपक्षी गोदावरी मार्वल्सको लिखित जवाफ अध्ययन गरी हेर्दा उद्योगले गोदावरी क्षेत्रको वातावरण
प्रदूषण हुने कु नै कार्य नगरेको, वातावरण संरक्षणका लागि गर्नुपर्ने आवश्यक सम्पूर्ण प्रवन्ध गरेकै
कारण ISO Certificate समेत पाएको, स्थानीय जनतालाई रोजगारी दिई सहयोग गरेको,
राज्यलाई उल्लेखनीय कर तिरेको, के ही मात्रामा भए पनि मार्वल्स आयातलाई प्रतिस्थापन गरी
वैदेशिक मुद्रा बाहिर जानबाट रोके को र नियमनकारी निकायहरूबाट समयसमयमा निरीक्षण गरी
औंल्याइएका विषयहरूलाई अवलम्बन गरेको कारण कानूनबमोजिम अनुमति नवीकरण भएको
हुँदा निवेदन मागबमोजिमको आदेश जारी हुनुपर्ने होइन भन्नेसमेत जिकिर लिएको देखिन्छ ।
निवेदन दाबी र लिखित जवाफ जिकिरको पृष्ठभूमिमा निर्णय निरूपणको निमित्त तय गरिएका
उपरोक्त प्रश्नहरूमध्ये प्रथमतः वातावरणीय न्यायको अवधारणा र विकाससम्बन्धी सैद्धान्तिक
प्रश्नका सम्बन्धमा विचार गर्नुपर्ने हुन आएको छ ।
२. वातावरणीय न्यायसम्बन्धी अवधारणाको विकास कु नै न कु नैरूपमा मानव सभ्यताको
विकाससँगै भएको मानिन्छ । वायु, जल, जमीन, प्रकाश र तापतथा यी सँग अन्योन्याश्रित जीवजन्तु
र चिज वस्तु नै समग्रमा प्रकृ ति हो । प्रकृ तिमा रहेको यिनै तत्वहरूको उपस्थिति वा अवस्थितिबाट
सृजना हुने क्रिया प्रतिक्रयालाई वातावरण भन्न सकिन्छ । पूर्वीय दर्शनमा पञ्चतत्व पनि भनिने यी
पाँच तत्व वा अवयवहरूको गुणलाई क्षय हुन नदिई प्राकृ तिक स्वरूपमा राख्ने विषय नै वातावरण
संरक्षणसँग सम्बन्धित देखिन्छ ।
३. अमेरिकी वातावरण संरक्षण एजेन्सी United states Environmental Protection
Agencey (EPA) का अनुसार कु नै जातजाति, रंग, राष्ट्रियता, उत्पति वा आयस्रोतका आधारमा
भेदभाव नगरी विकास र यसको कार्यान्वयन तथा वातावरणीय कानून र नीतिहरूको प्रयोगमा
सबैलाई निष्पक्ष व्यवहारगरी अर्थपूर्णरूपमा सहभागि गराउने विषय नै वातावरणीय न्याय हो ।
(Environmental Justice is the fair treatment and meaningful involvement of all
people regardless of race, color, national origin, or income with respect to the
development, implementation, and enforcement of environmental laws,
regulations, and policies.)
४. वातावरण संरक्षण ऐन, २०५३ को दफा २ खण्ड (क) मा “वातावरण” भन्नाले प्राकृ तिक,
सांस्कृ तिक र सामाजिक प्रणालीहरू, आर्थिक तथा मानवीय क्रियाकलापहरू र यिनका अवयवहरू
तथा यी अवयवहरूको बिचको अन्तक्रिया तथा अन्तर सम्बन्धलाई सम्झनु पर्ने उल्लेख छ ।
वातावरणको यो परिभाषा बृहद् र अन्तर्राष्ट्रिय मान्यता अनुरूपको देखिन्छ । यथार्थमा प्राकृ तिक
अवयवलाई मात्र वातावरणको रूपमा बुझ्नु गलत वा अपूर्ण हुन
जान्छ । प्रकृ तिको अतिरिक्त सांस्कृ तिक र सामाजिक प्रणालीहरू, आर्थिक र मानवीय
क्रियाकलापहरू श्रृजित अवयव र यस्ता अवयवहरू बिचको अन्तरघुलन र सम्बन्धबाटै समग्र
वातावरणको निर्माण हुन पुग्दछ । मानिसको सामाजिक आवश्यकता र आर्थिक उन्नति प्रकृ तिमाथि
नै निर्भर रहेको छ । त्यसै आवश्यकता परिपूर्तिको लागि मानवीय क्रियाहरू सञ्चालित
हुन्छन् । अर्कोतर्फ प्रकृ तिको पनि आफ्नै सञ्चालनको नियम छ । सूर्य पूर्वबाट उदाउनु र पश्चिममा
अस्ताउनु प्राकृ तिक नियम हो । ऋतुहरूको परिवर्तन प्राकृ तिक कारणबाटै हुन्छ । जन्मनु र मर्नुको
सम्बन्ध पनि प्रकृ तिसँग गाँसिएको छ । त्यसैले प्राकृ तिक अवयव र मानवीय क्रियाकलापबिचको
अन्तर सम्बन्ध र अन्तरक्रियाबाटै समग्र वातावरणको निर्माण हुन पुग्ने देखिन्छ ।
५. त्यस्तै सोही ऐनको खण्ड (ख) मा “प्रदूषण” शब्दलाई पनि परिभाषित गरिएको
पाइन्छ । जसअनुसार प्रदूषण भन्नाले वातावरणमा प्रत्यक्ष वा अप्रत्यक्षरूपले परिवर्तन गरी
वातावरणमा उल्लेखनीय ह्रास ल्याउने, क्षति पुर्‍याउने वा वातावरणको लाभदायी वा उपयोगी
प्रयोजनमा हानि नोक्सानी पुर्‍याउने क्रियाकलाप सम्झनु पर्छ भनिएको पाइन्छ । प्रदूषणको उक्त
परिभाषा वोधगम्य नै
देखिन्छ । वस्तुतः वातावरणमा हानी नोक्सानी वा क्षति पुग्ने गरी प्रत्यक्ष वा परोक्ष जनुसुकै रूपमा
परिवर्तन ल्याउने क्रियाकलापलाई वातावरण प्रदूषणको रूपमा बुझ्नुपर्ने हुन्छ ।
६. मानिसलगायतका जीवजन्तु, वनस्पति र समस्त जीवनधारा प्रकृ तिसँग अन्योन्याश्रित भएको हुँदा
प्रकृ तिको अस्तित्वसँगै यिनको पनि अस्तित्व जोडिएको छ । मानिस प्राकृ तिक प्राणी भएको हुँदा
अन्य प्राणी र जीवजन्तु जस्तै उसको जीवनसमेत प्रत्यक्षरूपमा प्रकृ तिमाथि नै निर्भर रहेको छ ।
मानव विकासक्रमको सुरूवाती चरणलाई स्मरण गर्ने हो भने प्रकृ तिमा रहेका अन्य प्राणी वा
जीवजन्तुको भन्दा मानिसको अवस्थामा कु नै भिन्नता पाइँदैन । मानिस पनि प्रकृ तिको काखमा
अन्य प्राणीसँगै प्राकृ तिक स्वरूपमा एकाकार भएर रहने बस्ने गरेको कु रा फगत दन्त्य कथा मात्र
थिएन । नेपाललगायत विश्वका कतिपय मुलुकका जंगलहरूमा हालसम्म पनि फिरन्ते जीवन
विताइरहेको मानव समुदायको आदिम अवस्थाबाट यो तथ्यलाई आजको दिनसम्म प्रत्यक्षरूपमा
बोध नै गर्न सक्ने स्थिति विद्यमान छ । त्यसैले अध्ययन अनुसन्धानबाट प्रमाणित भएको यस
वस्तुतथ्यमा विवाद गरिरहन आवश्यक छैन ।
७. समयको विकास क्रमसँगै आधुनिक मानव समुदायले आफ्नो पहिचान फे रेको छ । चेतनशीलता
र विवेकको प्रयोगबाट प्रकृ तिका अन्य प्राणीभन्दा मानिसले आफू लाई श्रेष्ठ स्थानमा उभ्याएको
दाबी गरिन्छ । तर यो श्रेष्ठताको सम्मान मानिसबाहेकको अन्य स्वतन्त्र प्राणीले दिएको नभई
मानिसको आफ्नै स्वघोषणा हुँदा यसको अन्तिम निर्णय पनि भविष्यमा प्रकृ तिबाटै हुनेछ ।
८. यथार्थमा आदिम स्वरूपको प्राकृ तिक हैसियतभन्दा भिन्न संरचना, प्रविधि र तौरतरिकाको
विकास गर्न मानिस सफल भएको छ । मानव श्रृजित विकासका आयामहरूले मानव जीवनलाई
सहज र आरामदायी बनाइदिएको छ । मानिसले गरेको विकासरूपी यसै परिवर्तनको आडमा
मानिसले अन्य प्राणीलाई आफ्नो वशमा राख्न सके को मात्र होइन पुरै प्रकृ तिमाथि हैकम जमाउन
खोजिरहेको देखिन्छ ।
९. यहाँसम्म की पृथ्वीको बाहिरी आवरणमा रहेका ढुङ् गा माटो र वनजंगल मात्र नभई यसको
भूगर्भमा रहेका तेल, ग्याँसलगायत अन्य खनिज पदार्थको अत्यधिक दोहन गरिएका छन् ।
जमीनमुनी सुरूङ् ग मार्गको निर्माण गरी यातायात सञ्चालन गर्नेदेखि विद्युतीकरण र सिँचाईको
लागि नदीको बहाव नै थुन्ने वा परिवर्तन गरिनु सामान्य भएको छ । जमीनमा मात्र नभई समुद्रको
पीँधसम्म पुगेर उत्खनन गरिएको छ भने अन्तरिक्षमा समेत मानव श्रृजित विकासका कारणबाट
दुर्घटना हुने स्थिति श्रृजना भएको छ ।
१०. विकासका हरेक चरणबाट मानव समुदाय आधुनिकतातर्फ बढिरहेको कु रा सत्य हो । तर
मानिसले प्रकृ तिमाथि गरेको अनियन्त्रित दोहन वा अतिक्रमणको प्रतिकू ल असरबाट श्रृजित
वातावरण प्रदूषणको पैमानले मानव समुदाय मात्र नभई समस्त चराचर नै ध्वस्त हुने डरलाग्दो
स्तरसम्म पुगेको छ । दोस्रो विश्वयुद्धपछिका विकास निर्माण सँगसँगै वातावरणमा देखा परेको
प्रतिकू ल असरको तिव्रता र औषत विश्लेषणबाट वैज्ञानिकहरूले निकट भविष्यमा नै पृथ्वीको
अस्तित्व संकटमा पर्ने सर्भेक्षणहरू सार्वजनिक गरिरहेका छन् । त्यतिमात्र होइन मानव वस्तीलाई
अन्तरिक्ष वा अन्य ग्रहमा सार्ने विषयमासमेत वैज्ञानिक अध्ययनहरू जारी रहेका छन् ।
११. मानिसका गतिविधिहरूबाट प्रकृ तिमाथि परेको चाप वा प्रतिकू ल असरले प्राकृ तिक सहनसीमा
नाघ्न लागेको भन्ने भनाईहरू सत्यको निकट रहेको विश्वास गरिन्छ । जनसंख्या वृद्धि, उर्जाको
बढ्दो खपत र आवश्यकतालाई प्राकृ तिक स्रोत, साधनले नधान्ने अवस्था भएपछि ठूलठूला
आणविक भट्टी र रसायनिक प्लान्टहरू स्थापना गरिएका छन् । समयसमयमा यस्ता भट्टी र प्लान्टमा
विस्फोट वा चुहावट भई कै यौं मानिस र जीवजन्तुहरूको जीवनलिला समाप्त भएको छ भने
वातावरणमा तत्कालीन र दीर्घकालीनरूपमा परेको असरको लेखाजोखा नै छैन । समुद्रमा तेल र
रासायनिक पर्दाथ चुहावट हुँदा सामुद्रिक जीवन प्रणालीमाथि नै गम्भीर असर पुगिरहेको अवस्था छ
। जैविक विषादी र रसायनिक पदार्थको अधिक प्रयोगबाट माटोमा अम्लीयपनको मात्रा बढी भई
कृ षि उपज प्रकृ तिमाथि नभई विषादी र रसायनिक तत्वहरूमा निर्भर बन्न पुगेको छ । अन्न बालीका
परम्परागत वीउ वीजनहरूलाई जेनेटिकल्लि मोडिफाइड (GMO) वीउहरूले प्रतिस्थापन गर्दै
लगेको छ । रसायनिक हात हतियारले उत्सर्जन गर्ने वायु र ध्वनी प्रदूषण, कल कारखाना, उद्योग
धन्दा र सवारी साधनहरूबाट निस्कने विशाक्त धुँवा र ध्वनी प्रदूषणबाट वातावरणमा परेको असर
डरलाग्दो छ ।
१२. मानव श्रृजित विकासका यी क्रियाकलाप तथा प्राकृ तिक स्रोत साधनहरूको अधिक दोहनबाट
वायुमण्डल र प्राणीमात्रको लागि हानिकारक हरितगृह ग्याँसको मात्रा बढदो छ ।
१३. जलवायु परिवर्तनको असरले समग्र पृथ्वी र यसको बायुमण्डल प्रदूषित बन्दै गएको छ । वर्षेनी
बढ्दै गएको तापक्रमका कारण कतिपय घना आवादी भएका शहरहरूको जनजीवन प्रभावित हुन
थालेको छ । त्यस्तै सेता हिमश्रृंखलाहरू पग्लदैँ जाँदा काला र कु रूप पहाडमा परिवर्तन हुने खतरा
बढदो
छ । समुद्रको सतह वर्षेनी बढ्दै गई मानव बसोबाससमेत जोखिममा पर्दै गएको छ । पानीका
मुहानहरू सुक्दै गएका छन् भने भएका पनि उपयोग गर्न नसकिने गरी प्रदूषित बन्दैछन् । सीमसार
क्षेत्रको अस्तित्व संकटमा परेको छ भने वायु प्रदूषण तथा ध्वनी प्रदूषणले प्राकृ तिक सहनसीमा
नाघिसके को अवस्था छ ।
१४. रसायनिक पदार्थ र विषादिहरूको प्रयोगबाट मानिसहरूमा पहिले कहिल्यै नदेखिएका असाध्य
रोगहरू देखा परिरहेका छन् । यतिमात्र होइन, बन जंगलको आकार घटदै गएको कारण जंगलमा
आश्रित प्राणी, जीवजन्तु र वनस्पति लोपोन्मुख स्थितिमा पुगेका छन् । गैंडा, हात्ति, बाघ, भालु
जस्ता जंगली जनावर, व्हेल, डल्फिन जस्ता सामुद्रिक जीवजन्तुहरू र दुर्लभ चराचुरूङ् गी र पुतली,
सर्प, भ्यागुता र किरा फट्याँग्राहरू भोलिका पुस्ताले म्यूजियममा हेर्नुपर्ने स्थिति नआउला भन्न
सकिन्न । त्यतिमात्र नभई भावि पुस्ताले सेता हिमाल तथा निलो समुन्द्र र वायुमण्डल देख्न नपाउने
त होइनन् भन्ने विषयले वैज्ञानिक र वातावरण विद्‌हरूलाई गम्भीररूपमा चिन्तित बनाई रहेको
देखिन्छ । समग्रमा आज जल, जमीन र वायु जता पनि प्रकृ तिक स्वच्छता विखण्डित भएको
कारणइकोसिस्टम नै खल्बलिएको छ ।
१५. प्रकृ ति र यसको वातावरणको सु-सञ्चालन प्राकृ तिक नियमबाट हुन्छ । इकोसिस्टम पनि
भनिने यस नियमविपरीत गरिने क्रियाकलापहरूबाट प्रकृ तिको सन्तुलन नै खल्बलिन पुग्दछ ।
प्रकृ तिका अन्य जीवजन्तु र प्राणीहरूले जानिनजानी प्रकृ तिको यस नियमलाई अनुसरण गरिरहे पनि
मानिसले यसको सीमालाई नाघ्ने प्रयास गरिरहेको छ । विकासको शिखरमा पुगेको भनिएका
आधुनिक मानिसहरू
मेसिनमा निर्भर हुन थालेका छन् । मानिसका आहार विहार, दिनचर्या र कतिपय क्रियाकलापहरू
सभ्य समाजले पचाउन नसक्ने अर्थात प्राकृ तिक नियमविपरीत देखिन थालेका छन् । उत्तर
आधुनिकताको नाममा यस्ता अप्राकृ तिक र प्रदूषित शैलीहरू अविकसित र पछौटे भनिएका
समाजतर्फ समेत तिव्र गतिमा आयातित भइरहेको पाइन्छ ।
१६. अर्को पाटोबाट विश्लेषण गर्दा मानव सभ्यताको विकाससँग धेरै वा थोरै जुनसुकै मात्रामा भए
पनि मानिसको प्रकृ तिप्रतिको चासो र चिन्ताहरूसमेत प्रकट हुँदै आएको पाइन्छ । पूर्वीय दर्शन
प्रकृ ति नियमबाटै उद्‍भव वा विकसित भएको विश्वास
गरिन्छ । खासगरी प्रकृ तिलाई इश्वरीय स्वरूप मानी पूजा गर्ने प्रचलन पूर्वीय दर्शनको महत्त्वपूर्ण पक्ष
हो । जल, जमीन, वायु र प्रकाशको पूर्वीय सभ्यतामा पूजा नै गरिन्छ । त्यतिमात्र होइन
जीवजन्तुहरूलाई समेत इश्वरीय अवतार वा स्वरूप मानी सम्मानपूर्वक पूज्ने चलन अद्यापि कायम
नै छ । वेद र उपनिषद्हरूमा प्रकृ तिको महत्त्व वर्णन गरिनुका साथै यिनको संरक्षण (पूजा) गरिनु पर्ने
कु रा औंल्याइएको छ । वेदमा उल्लेख गरिएका पृथ्वीः शान्तिः, वनस्पतयः शान्ति: जस्ता उद्‍
गारहरूबाट यस तथ्यको पुष्टि हुन्छ ।
१७. अन्य दर्शन र सम्प्रदायहरूले पनि प्रकृ तिलाई उपेक्षा नै गरेको देखिँदैन । कु नै न कु नै स्वरूपमा
सबै दर्शन, धर्म र सम्प्रदायहरूले प्रकृ तिको महत्त्व र यसको संरक्षणलाई महत्त्व दिएको
पाइन्छ । यसबाट वातावरण संरक्षणको अभियान मानव सभ्यताको विकास क्रमसँगै थालनी भएको
हो भन्ने कु रामा विवाद छैन । तर यसको मात्रा समाज सापेक्ष सोच वा चेतनाको स्तर अनुरूप रहेको
कु रालाई विर्सन हुँदैन ।
१८. आधुनिक विश्व रंगमञ्चमा संयुक्त राष्ट्रसंघको स्थापनापश्चात् यस अभियानले क्रमशः
मूर्तस्वरूप ग्रहण गर्दै गएको देखिन्छ । खासगरी पश्चिमा जगतले अठारौं शताव्दीमा औद्योगिक
क्रान्ति वा विकासमा ठूलो फड्को मारेको कारण यसबाट वातावरणमासमेत नकारात्मक असरहरू
देखापर्दै गएको पाइन्छ । विकासको होडबाजीसँगै देखिएको पर्यावरणीय असन्तुलन र असरका
सम्बन्धमा वैज्ञानिकहरूले आफ्नो सोध र अनुसन्धानलाई के न्द्रित गर्दै लगेपछि यससम्बन्धी
आधिकारिक र वैज्ञानिक अवधारणाहरू सार्वजनिक हुन थालेका हुन् ।
१९. संयुक्त राष्ट्रसंघ स्थापनाको मुख्य उद्देश्य विश्व शान्ति भएकोले यसको प्रारम्भीक समय यसतर्फ
नै के न्द्रित भएको पाइन्छ । क्रमशः मानवअधिकार र वातावरणको मुद्दालाई राष्ट्रसंघले आफ्नो
प्रमुख एजेण्डाको रूपमा उठाउँदै गएको छ । सन् १९७२ मा स्वीडेनको स्टकहोममा मानव
वातावरण (Human Environment) भन्ने राष्ट्रसंघीय सम्मेलनमार्फ त पहिलो पटक विश्व
संगठनले बिग्रँदो वातावरणप्रति चिन्ता देखाउँदै प्रभावकारी ढंगबाट वातावरणको एजेण्डालाई
सम्बोधन गर्न खोजेको देखिन्छ ।
२०. यसैक्रममा सन् १९८३ मा सयुक्त राष्ट्रसंघले औपचारिकरूपमा World Commission on
Environment and Development (WCED) गठन गरी वातावरण र विकासको मुद्दामा
आफ्नो ध्यान के न्द्रित गरेको देखिन्छ । विज्ञान र सार्वजनिक स्वास्थ्यक्षेत्रको पृष्ठभूमि भएकी नर्वेकी
पूर्व प्रधानमन्त्री Gro Harlem Brundtland लाई यो समितिको अध्यक्ष तोकिएको हुँदा यसलाई
Brundtland Commission पनि भन्ने गरिन्छ । यस समितिले सन् १९८७ मा Our Common
Future नामक प्रतिवेदन बुझाएको थियो । जसमा मुख्यतः “दिगो विकास” (Sustainable
Development) भन्ने पदावलीको सूत्रपात र परिषाभित गरिएको थियो ।
२१. सन् १९७२ को स्टकहोम कन्फ्रे न्सले स्पष्ट पार्न नसके को विषय वातावरण र विकासलाई
अलगअलग रूपमा बुझ्नुपर्ने कु रा यस प्रतिवेदनमा (The “environment” is where we live;
and “development” is what we all do in attempting to improve our lot within
that abode. The two are inseparable) भनिएको पाइन्छ । त्यस्तै ब्रुटल्याण्ड कमिसनले
गरेको दिगो विकासको परिभाषामा अन्तरवंशीय समतालाई (sustainable development is
that of intergenerational equity) के न्द्रविन्दूमा राखेको देखिन्छ । सामाजिक आवश्यकताको
परिपूर्तिको लागि आर्थिक वृद्धि गरिनु अपेक्षित भए पनि आर्थिक वृद्धिले गरीबहरूको
आवश्यकतालाई परिपूर्ति गर्न सक्नुपर्ने र त्यसमा प्रभावित जनसमूहको प्रत्यक्ष सहभागिता वा
स्वामित्व रहनु पर्ने कु रालाई दिगो विकासको सारको रूपमा प्रतिवेदनमा उल्लेख गरिएको पाइन्छ ।
मानव विकास सूचकांङ् कलाई गरिवी निवारण, लैङ् गिक समानता र स्रोत साधनको पुनर्वितरणसँग
जोड्न नसकिएमा विकासले वातावरण संरक्षणलाई समेटन सक्दैन भन्ने निष्कर्ष दिन खोजेको यस
प्रतिवेदनले मानवीय भावना र आवश्यकतालाई आत्मसात गर्न खोजेको पनि देखिन्छ । प्रतिवेदनले
दिगो विकासका सम्बन्धमा उल्लेख गरेको देहायको कु रा मननीय देखिन्छः
“Sustainable development is development that meets the needs of the present
without compromising the ability of future generations to meet their own
needs”. It contains two key concepts:
The concept of “needs”, in particular the essential needs of the world’s poor,
to which overriding priority should be given; and
The idea of limitations imposed by the state of technology and social
organization on the environment’s ability to meet present and future needs.”
२२. सारमा दिगो विकासका मुख्य तीन आयामहरू आर्थिक विकास, वातावरण संरक्षण र
सामाजिक न्याय रहेका छन् । वातावरणीय संरक्षणको के न्द्रबिन्दूमा आधारित रहेको ब्रुटलेण्ड
कमिटिको प्रतिवेदनकै जगमा संयुक्त राष्ट्रसंघले त्यसपछिका कार्यक्रमहरू अघिबढाएको पाइन्छ ।
अझ स्पष्ट शब्दमा भन्नुपर्दा प्रतिवेदनमा औंल्याइएका दिगो विकास र वातावरणका मुद्दाहरूलाई
संयुक्त राष्ट्रसंघका आधिकारिक निकाय र यसका सदस्यहरूको बृहत सम्मेलनहरू मार्फ त प्रवर्द्धन
गर्दै विश्वव्यापी स्वरूप दिइएको हुनाले पनि वातावरणीय न्यायसम्बन्धी विधिशास्त्रको विकासमा
यसको महत्त्वपूर्ण योगदान र स्थान रहेको छ ।
२३. तर आजको दिनसम्म आइपुग्दा पनि उक्त प्रतिवेदनले औंल्याए जस्तो प्रकृ ति श्रृजित
लाभहरूलाई मानिसहरूबिच समानुपातिकरूपमा वितरण गर्न सकिएको भने छैन । विश्वको कु नै एक
मुलुक र अर्को मुलुकबिच विद्यमान विकासको अवस्थाको तुलना गर्न मिल्ने स्थिति देखिँदैन । कु नै
मुलुकले अत्यधिकरूपमा प्राकृ तिक स्रोत साधनको दोहन गरिरहेको र त्यति नै मात्रामा पर्यावरणमा
नोक्सानीसमेत पुर्‍याइरहेको अवस्था छ भने धेरै मुलुकहरू अझैसम्म पनि बेरोजगारी, गरीवी,
पछौटेपन, लैङ् गिक विभेद र हिंसाबाट ग्रसित रहेका छन् । एसिया र अफ्रिकाका गरीब मुलुकहरूको
कारणबाट नभई युरोप र अमेरिकी महाद्विपमा अवस्थित विकसित र धनी भनिएका मुलुकहरूको
कारण जलवायु परिर्वतन, पृथ्वीको तापमान वृद्धि जस्ता डरलाग्दा समस्याहरू देखापरेका हुन् भन्ने
बुझ्न कु नै अध्ययन गरिरहनु पर्दैन । संसारका एक प्रतिशत मानिसहरूको हातमा ९९ प्रतिशत स्रोत
साधन थुप्रिएको छ भने बाँकी ९९ प्रतिशतका हातमा १ प्रतिशत मात्र स्रोत साधन रहेको छ । धनी र
गरीव बिचको खाडल दिन प्रतिदिन गहिरिँदै गई रहेको कारणबाट श्रृजित असरहरूले पनि कु नै न
कु नै ढंगमा प्रकृ तिमाथि अनावश्यक चाप परिरहेकै देखिन्छ ।
२४. परन्तु हाम्रो साझा भविष्य (Our Common Future) अर्थात ब्रुटल्याण्ड कमिटिको
प्रतिवेदनमा औंल्याइएका विषयहरूले नै सन् १९९२ मा ब्राजिलको रियो दि जेनेरियोमा
वातावरणसम्बन्धी विश्व सम्मेलन गर्ने आधारशीला खडा गरेको
देखिन्छ । Earth Summit का नामले पनि चिनिने यो सम्मेलनमा रियो घोषणापत्रको रूपमा
एजेण्डा-२१ सार्वजनिक गरिएको थियो । जसमा पृथ्वीको आयुलाई दिगो बनाउनका लागि
विश्वव्यापी, राष्ट्रिय र स्थानीय स्तरमा लिइनुपर्ने रणनीति तथा कार्यनीतिलाई समाविष्ट गरिएको
पाइन्छ । एजेण्डा २१ ले समेत वातावरणलाई क्षति नपुर्‍याई गरिने आर्थिक विकासका पक्षमा पुनः
आफ्नो प्रतिबद्धता व्यक्त गरेको छ । यसको लागि विकसित राष्ट्रहरूले विकासोन्मूख र अविकसित
मुलुकहरूलाई सहयोगगर्नुपर्ने कु रामासमेत जोड दिइएको देखिन्छ ।
२५. रियो सम्मेलन भएको करिब बीस वर्षपछि सन् २०१२ मा ब्राजिलको सोही शहरमा रियो+२०
अर्थात रियो पृथ्वी समिट (Rio+20 or Rio Earth Summit 2012) आयोजना गरियो ।
यसबिचमा भएका प्रगति र देखा परेका समस्याहरूको बारेमा छलफल गर्दै विश्व समुदायले दिगो
विकास र वातावरणका सम्बन्धमा आफ्नो पुनः प्रतिबद्धता प्रकट गरेको पाइन्छ ।
२६. १७२ सरकार र त्यसमा पनि ११६ सरकार प्रमुखहरूले नै भाग लिएको उक्त सम्मेलमा
गैरसरकारी संस्थाहरूका २,४०० प्रतिनिधिसमेत करिब १७,००० ले मानिसहरू सहभागि रहेका
थिए । जसमा मुख्यतः जैविक विषादी र शिसायुक्त पेट्रोल र ग्यासको उत्पादन कम गर्ने, विशाक्त
रशायनिक रेडियोधर्मीजन्य फोहरहरूको उचित व्यवस्थापन गर्ने, वैकल्पिक उर्जाको प्रयोगबाट
जलवायु परिवर्तनको असरलाई घटाउने, यातायातका साधनहरूको प्रयोगबाट उत्सर्जन हुने
धुँवावाट वायु प्रदूषणलाई जोगाउने उपायहरू अवलम्बन गरिने, पानीको बढ्दो प्रयोग र सीमित
आपूर्तिको समस्याहरूमा मुख्यरूपमा छलफल के न्द्रित गरिएको थियो ।
२७. जलवायु परिवर्तन सम्बन्धी महासन्धि गर्ने सहमति जुनपछि क्योटो प्रोटोकलका रूपमा
परिचित भयो यसै सम्मेलनको सहमतिको उपज हो । त्यस्तै जैविक विविधतासम्बन्धी महासन्धि
हस्ताक्षरका लागि खुल्ला गर्ने सहमति पनि सम्मेलको अर्को उपलब्धी थियो । समग्रमा यस
सम्मेलनले मुख्यतः Convention on Biological Diversity, Framework Convention
on Climate Change र United Nations Convention to Combat Desertification मा
हस्ताक्षर खुल्ला गर्ने सहमति गरेको थियो । साथै वातावरण र विकाससम्बन्धी रियो घोषणापत्र,
एजेण्डा-२१ र वनसम्बन्धी सिद्धान्तहरूसमेत सम्मेलनले घोषणापत्रका रूपमा पारित गरेको
देखिन्छ, जसले वातावरण संरक्षण र दिगो विकासबिच सन्तुलन हुनुपर्ने कु रामा जोड दिएका छन् ।
२८. जैविक विविधतासम्बन्धी महासन्धि, १९९२ ले मुख्यतः जैविक विविधताहरूको संरक्षण,
दिगो उपयोग र यसका लाभहरूको निष्पक्ष एवम् समतामूलक वितरणलाई प्रमुख लक्ष्यका रूपमा
लिएको देखिन्छ । यस महासन्धिअन्तर्गत भएका श्रृंखलाबद्ध सम्मेलन र जारी भएका
घोषणापत्रहरूमा जैविक विविधताका विविध पक्षहरूलाई संरक्षण र जगेर्ना गर्नुपर्ने कु रामा जोड
दिइएको पाइन्छ ।
२९. यसैगरी संयुक्त राष्ट्रसंघको पहलमा भएका जनसंख्या र विकाससम्बन्धी सम्मेलन, १९९४,
लिस्वन सिद्धान्तहरू, १९९७, सहश्राब्दी विकास लक्ष्य, २०००, अर्थ समिट, २००२ तथा दिगो
विकाससम्बन्धी संयुक्त राष्ट्र संघीय सम्मेलन, २०१२ पनि वातावरण र दिगो विकाससँग सम्बन्धित
रहेका छन् । पछिल्लो समयमा सहश्राब्दी विकास लक्ष्यलाई दिगो विकास लक्ष्यका रूपमा
रूपान्तरण गर्नको लागि कार्य समूह गठन गरी संयुक्त राष्ट्रसंघले आफ्ना क्रियाकलापहरू अघि
बढाइरहेको देखिन्छ । दिगो विकाससम्बन्धी लक्ष्यमा मुख्यतः भोक र गरीबी, स्वास्थ्य र शिक्षा,
जलवायु परिवर्तन र समुद्र तथा वनजंगलको संरक्षण जस्ता विषयहरूलाई समावेश गरिने प्रारम्भिक
कार्यादेश दिइएको पाइन्छ ।
३०. यसप्रकार संयुक्त राष्ट्र संघको पहलमा भइरहेका उपरोक्त क्रियाकलापहरूबाट वातावरण
संरक्षणका सम्बन्धमा वर्तमान विश्वले प्रमुख चासो र सरोकार राखेको देखिन्छ । साथै विभिन्न
अन्तरार्ष्ट्रिय महासन्धिमार्फ त वातावरण र जैविक विविधता संरक्षणलाई सदस्य राष्ट्रहरूका लागि
बाध्यकारी बनाउनुका साथै सम्मेलन, घोषणापत्र, लक्ष्य, रणनीति र कार्यक्रममार्फ त वातावरण र
दिगो विकासको अबधारणालाई सँगसँगै अघि बढाइएको देखिन्छ ।
३१. नेपाल पनि संयुक्त राष्ट्रसंघको जिम्मेवार सदस्य भएको नाताले संयुक्त राष्ट्रसंघले चालेका
कदमहरूमा सहभागि हुँदै आएको छ । वातावरणसम्बन्धी सबै महत्त्वपूर्ण सम्मेलनहरूमा नेपालको
सहभागिता रहेको छ । नेपालले जैविक विविधता महासन्धि, १९९२ लगायत पन्ध्रभन्दा बढी
अन्तराष्ट्रिय महासन्धि र घोषणापत्रहरूमा अनुमोदन र हस्ताक्षर गरेको छ । नेपाल सन्धि ऐन,
२०४७ को दफा ९ बमोजिम नेपालले अनुमोदन गरेको अन्तराष्ट्रिय सन्धि सम्झौताहरू नेपाल
कानून सरह लागू हुने व्यवस्था छ । नेपालको अन्तरिम संविधानमा स्वच्छ वातावरणमा बाँच्न
पाउने हकलाई मौलिक हककै रूपमा स्थापित गरिएको छ भने जैविक विविधता र वातावरण
संरक्षणलाई राज्यको मूल नीतिअन्तर्गत समावेश गरिएको पाइन्छ । वातावरण संरक्षण ऐन, २०५३ र
नियमालीले यस दिशामा उल्लेखनीय कानूनी आधार प्रदान गरेका छन् । यस अदालतबाट पनि
वातावरणीय न्यायको विधिशास्त्रीय मान्यताअनुरूप नै न्यायिक व्याख्याहरू भएको
पाइन्छ । दिगो विकासलाई नेपालले छैठौं योजनादेखि नै आफ्नो विकासको एजेण्डाको रूपमा
समावेश गरेको
छ । त्यस्तै जैविक विविधता संरक्षणलगायतका वातावरण संरक्षणका विविध विषयमा नेपाल
सरकारका सम्बन्धित निकायहरूबाट राष्ट्रिय रणनीति र कार्यक्रमहरू निर्माण भई कार्यान्वयनमा
रहेका छन् ।
३२. यदाकदा वातावरण र विकासलाई एक अर्काका प्रतिद्वन्द्वीको रूपमा पनि लिने गरिएको
पाइन्छ । वातावरण मानवलगायत समस्त प्राणी जगतको अस्तित्वको निरन्तरतासँग सन्निहित छ ।
प्रदूषित वातावरणमा जीवनको अस्तित्व कायम रहन सम्भव छैन । अर्कोतर्फ विकासले मानिसको
जीवनस्तरलाई माथि उकास्छ र आर्थिक समुन्नतिको आधार प्रशस्त गर्दछ । २१ औं शताव्दीको
उत्तर आधुनिक मानव सभ्यता र उन्नति विकासका कारणबाटै सम्भव भएको हुँदा विकासका
क्रियाकलापहरूलाई बन्दै गर्नुपर्दछ भन्ने विचार पनि ग्राह्य हुन सक्दैन । आज विकासकै कारणबाट
विश्व समाज धनी र गरीव, विकसित र अविकसित, सभ्य र असभ्य, आधुनिक र पिछडिएको,
शक्तिशाली र कमजोर आदि वर्गमा विभाजित भइरहेको छ । विकसित मुलुकहरूको उन्नति र
प्रभाव आफू लाई विकसित गर्न सके कै कारणबाट भएको देखिन्छ भने विकासको अवसरबाट पछि
पारिएका मुलुकहरू तेस्रो विश्वको अपहेलित र हीनताबोधयुक्त अवस्थाबाट गुज्रिरहेका छन् ।
३३. त्यसैले विश्व जनसमुदा बिच प्राकृ तिक स्रोत साधनका लाभहरूको समानुपातिक र न्यायोचित
वितरणका लागिसमेत अविकसित मुलुकहरूमा विकासको गतिलाई रोक्न मिल्ने अवस्था छैन ।
बरू विकासका क्रियाकलापहरूलाई वातावरण मैत्री बनाउनु अपरिहार्य छ । वातावरणमा कमभन्दा
कम क्षति पुग्ने उपायहरूको अवलम्बन गर्दै वाञ्छिद हदसम्म मात्रै प्राकृ तिक स्रोत साधनको दोहन
गरी समान सहभागिता, लाभहरूको समानुपातिक वितरण, स्रोत साधनहरूको पुस्तान्तरणको
सुनिश्चितता हुने उपायहरूको अवलम्बन यस सन्दर्भमा प्रभावकारी हुन सक्दछन् ।
३४. सारमा, विकासका क्रियाकलापहरू र त्यसबाट पर्यावरणमा पर्नेजाने असरहरूलाई यसबाट
श्रृजित हुने लाभ र प्रदूषणको मात्राबिचको कडीबाट निर्धारण गरिनु विवेकसम्मत हुने देखिन्छ । जब
विकासबाट श्रृजना हुने लाभहरूको तुलनामा त्यसबाट वातावरणमा पर्नजाने प्रतिकू ल असरहरूको
भार बढी हुन्छ तब असन्तुलनको अवस्था उत्पन्न हुन्छ। यस्तो अवस्थामा विकासका
क्रियाकलापहरूले निरन्तरता पाउनु हुँदैन ।
अब, वातावरणीय न्याय सम्बन्धमा सम्बन्धमा यस अदालतबाट के कस्तो विधिशास्त्रीय मान्यता
कायम गरिएको रहेछ भन्ने निर्णय दिनुपर्ने हुन आएको अर्को प्रश्नका सम्बन्धमा विचार गर्नुपर्ने
भएको छ ।
३५. अन्य विषयहरूमा जस्तै वातावरण संरक्षणका सम्बन्धमा पनि यस अदालतबाट सार्वजनिक
सरोकारका रिट निवेदनको रोहबाट विभिन्न व्याख्या र विवेचना गर्दै नेपाल सरकार तथा यसका
सम्बद्ध निकायहरूलाई विभिन्न प्रकृ तिका आदेश र निर्देशन जारी भएको पाइन्छ । विपक्षी गोदावरी
मार्वल उद्योगले सो क्षेत्रको जैविक विविधतालगायत समग्र वातावरणमा प्रतिकू ल असर पारेको
भन्ने विषयदेखि, जैविक विविधता, सीमसार क्षेत्रको संरक्षण, बागमती नदीको प्रदूषण, सवारी
साधनबाट श्रृजित प्रदूषण, इँटा भट्टा, कागज कारखाना र दीर्घायी विषादीहरूले पारेको प्रभाव
समेतका विविध विषयमा यस अदालतबाट महत्त्वपूर्ण आदेशहरू भएको देखिन्छ । यस
अदालतबाट भएका के ही प्रतिनिधि आदेशहरूलाई प्रस्तुत सन्दर्भमा देहायबमोजिम उल्लेख
गरिएको छः
१. अधिवक्ता सूर्यप्रसाद शर्मा ढुंगेल विरूद्ध गोदावरी मार्वल इण्डष्ट्रिज प्रा.लि. समेत (रिट नं.
३५/२०४९) आदेश मितिः २०५२/७/१४/३ पूर्ण इजलास
(ने.का.प. २०५२ स्वर्ण शुभजन्मोत्सव विशेषाङ् क पृष्ठ १६९)
३६. विष्फोटनको उपयुक्त र व्यवहारिक विकल्प खोजी गर्नेतर्फ सरकारले समुचित ध्यान पुर्‍याई
उपयुक्त कदम चाल्नु पर्दछ । मार्वल उत्खननले प्रमुखता नपाई रोडा, गिटी उत्पादनतर्फ बढी प्रवृत्त
भएको भन्ने प्रतिवेदनहरूबाट देखिई बढी मात्रामा विष्फोटन हुनजाने र ध्वनि, जल, वायु प्रदूषित हुने
अवस्था सिर्जना हुनजाने हुँदा मार्वल उत्पादनलाई नै प्रमुखता दिलाएको खण्डमा वातावरण
विनासको न्यूनिकरणमा उल्लेखनीय सहयोग पुग्न सक्ने हुन्छ ।
३७. मानिसको जीवन साध्य हो, विकास सुखपूर्वक जीउने माध्यम हो । स्वच्छ र स्वस्थ वातावरण
विना मानिस स्वच्छ र स्वास्थ्य तवरले जीउन सक्तै न । त्यसैले वातावरण सुरक्षा साध्य हो, यस
तथ्यलाई मध्यनजर राखी वातावरण विनास हुनबाट जोगाउने उपायहरू परिचालन गर्नु पर्दछ ।
३८. गोदावरी क्षेत्रको पर्यावरण संरक्षण जस्तो संवेदनशील, मानवीय, राष्ट्रिय र अन्तर्राष्ट्रिय
महत्त्वको विषयमा प्रभावकारी र सन्तोषजनक उपचारात्मक कार्य भएको नदेखिँदा उपरोक्त
कु रासमेतलाई मध्यनजर राखी लागू नभएको खनिज पदार्थ ऐन, २०४२ लागू गर्न, वायु, जल, ध्वनि
एवं पर्यावरण संरक्षण गर्न आवश्यक कानून तर्जुमा हुन र गोदावरी क्षेत्रको पर्यावरण प्रभावकारी
ढंगले संरक्षणतर्फ कारवाही गर्ने भन्ने सम्बन्धमा निर्देशन दिन उपयुक्त देखिएकोले विपक्षीहरूका
नाउँमा निर्देशनात्मक आदेश जारी गरिएको छ ।
२. अधिवक्ता प्रकाशमणि शर्मा विरूद्ध मन्त्रिपरिषद् सचिवालयसमेत (रिट नं. २९९१/२०५२)
आदेश मितिः २०५४।२।२७।२, संयुक्त इजलास
३९. रिट निवेदनमा जिकिर गरिएका धार्मिक, सांस्कृ तिक, ऐतिहासिक मान्यताको विषयका साथै
वातावरण र वातावरण संरक्षण भन्ने विषयवस्तुको प्रश्नहरू आवश्यक संवेदनशील, मानवीय र
राष्ट्रिय वा अन्तर्राष्ट्रिय महत्त्वको विषय देखिन आउँछ । अन्तर्राष्ट्रिय स्तरमा सांस्कृ तिक
सम्पदासम्बन्धी महासन्धि (Convention for the protection of the world cultural and
Natural Heritage, १९७२) मा नेपालको प्रतिबद्धता र सम्बन्धित निकायहरूबाट नेपाल
कानूनबमोजिम प्रत्याभूत अधिकारअनुरूप कार्य भएका छन् छैनन् भन्ने अनुगमन गर्दै धार्मिक,
सांस्कृ तिक र ऐतिहासिक महत्त्वको विषयमा राष्ट्रिय स्तरबाट नीति निर्माण गरी सबै क्षेत्रमा
एकरूपता कायम राख्नेतर्फ श्री ५ को सरकारले ठोस एवं प्रभावकारी कदम चाल्नुपर्ने आवश्यकता
भएकोले तदनुरूपको काम कारबाही गर्नू भनी श्री ५ को सरकार मन्त्रिपरिषद् सचिवालयको नाममा
यो निर्देशात्मक आदेश जारी गरिएको छ ।

३. अधिवक्ता प्रकाशमणि शर्मा विरूद्ध युवा, खेलकु द तथा संस्कृ ति मन्त्रालय (रिट नं.
३०१८/२०५२)आदेश मितिः २०५६/२/३१, संयुक्त इजलासः
४०. निर्माण गर्न लागिएको बुद्धनगरदेखि प्रसूतीगृह छेउको पाञ्चायनघाटसम्म बाटो सडक बनाउन
दिँदा बागमती नदी र मठ, मन्दिर, घाटबिचको अन्योन्याश्रित सम्बन्ध खत्तम हुन गई त्यस क्षेत्रमा
रहेका विभिन्न प्राचीन घाट, भकारी, मठ, मन्दिरहरूको अस्तित्वमासमेत असर पर्ने र हिन्दू
अधिराज्यको संस्कृ तिको मूल्य र मान्यतामा समेत नकारात्मक असर पर्ने कु रामा विवाद
देखिएन । तसर्थ निवेदकहरूले निवेदन मागबमोजिम शंखमूल बुद्धनगरदेखि प्रसूतिगृह छेउको
पाञ्चायनघाटसम्म बागमती किनारामा अनाधिकृ तरूपमा सडक बनाएको देखिएकोले त्यस्तो
अनाधिकृ तरूपमा बनाएको बाटोको निर्माण रोक्का राख्न यस अदालतबाट अन्तरिम आदेश जारी
भइसके को देखिएको र यसै लगाउको रिट नं. ३०१७ को रिटमा संयुक्त राष्ट्र संघ पार्क निर्माण
समितिले समेत सडक निर्माण गर्ने नै हुँदा उक्त अनाधिकृ त बाटोको निर्माण, गर्ने कार्य गर्न गराउनु
नदिनु भनी स्थानीय प्रशासन कार्यालय र काठमाडौं महानगरपालिकाको नाममा निर्देशनात्मक
आदेश जारी गरिएको छ ।
४. अधिवक्ता प्रकाशमणि शर्मा विरूद्ध नेपाल खानेपानी संस्थानसमेत (रिट नं. २२३७/२०४७)
आदेश मितिः २०५७।३।२६, संयुक्त इजलास
४१. निवेदकहरूले खानेपानी नियमित र स्वच्छ नभएको दाबी गरेकोमा खानेपानी संस्थानले विश्व
स्वास्थ्य संगठन (world Health Organization) को मापदण्डअनुरूप जैविक परीक्षण भएको
जिकिर लिएको कारणबाट मुख नमिली विवादको स्थिति सिर्जना भएको हुँदा सबुद प्रमाणको
मूल्याङ् कन गरी निर्णय गर्न रिटको सिद्धान्तले नमिल्ने हुँदा रिट निवेदन खारेज हुने ठहर्छ ।
४२. तर जनताप्रतिको अहम् दायित्वबाट नेपाल खानेपानी संस्थानले उन्मुक्ति पाउने अवस्था
नभएको परिप्रेक्षमा ऐनद्वारा प्रदत्त आफ्नो काम, कर्तव्य र दायित्वप्रति सदा सचेत र सजग रही
स्वच्छ, पर्याप्त र नियमितरूपमा खानेपानी वितरण गर्ने प्रयोजनका लागि आवश्यक अध्ययन, खोज,
अनुसन्धान गरी यथासम्भव अनुदान सहयोग प्राप्तिमा प्रयत्नरत रहन नेपाल खानेपानी संस्थानलाई र
आफू मातहतको खानेपानी संस्थानलाई ऐनको प्रस्तावना अनुरूप स्वच्छ, सफा पानी वितरण गर्ने
संस्थानको दायित्वतर्फ सजग गराउन यथोचित निर्देशन दिनेलगायत जो, जे कार्य गर्नुपर्दछ गर्नु भनी
आवास तथा भौतिक योजना मन्त्रालयको विशेष ध्यान आकर्षित गर्ने गरी लेखी पठाउने ।
५. अधिवक्ता प्रकाशमणि शर्मा विरूद्ध प्रधानमन्त्री गिरिजाप्रसाद कोइरालासमेत (रिट नं.
२५/२०५८) आदेश मितिः २०५८।६।११, पूर्ण इजलास
४३. संयुक्त विज्ञप्ति नेपाल कानूनविपरीत रहेको भन्न सकिने अवस्था नभएकोले मागबमोजिम रिट
जारी गर्न मिलेन । तर सवारी साधनबाट वातावरणमा हुन सक्ने प्रदूषण रोक्न र विग्रँदो वातावरणको
संरक्षणार्थ यूरो-१ को मापदण्डलाई नै आत्मसात गरी नेपाल सवारी प्रदूषण मापदण्ड, २०५६ लागू
भएको परिप्रेक्षमा अन्य मुलुकका सवारी साधन उत्पादक कम्पनीबाट दिइने प्रदूषण मापदण्डको
प्रमाणीकरणबाट मात्र हाम्रो उद्धेश्य पूरा हुन्छ भन्नेतर्फ विश्वस्त नहुनु नै श्रेयस्कर हुने तथ्यलाई
मध्यनजर राख्दा आयातीत सवारी साधन तोके को मापदण्डभित्र परे नपरेको सम्बन्धमा जाँच गरी
एकिन हुन सक्ने आवश्यक संयन्त्रको उचित व्यवस्था गर्नु भनी विपक्षी जनसंख्या तथा वातावरण
मन्त्रालयको नाममा निर्देशनात्मक आदेश जारी हुन्छ ।
६. अधिवक्ता थानेश्वर आचार्य विरूद्ध भृकु टी पल्प एन्ड पेपर नेपाल लिमिटेडसमेत (रिट नं.
३०८९/२०५७) आदेश मितिः २०५८/८/१९, संयुक्त इजलासः
४४. वातावरण विनास हुन नदिई उद्योग सञ्चालन गर्ने दायित्व प्रत्यर्थी उद्योगको प्रमुख कर्तव्य
रहनेमा विवाद छैन । मानवीय आवश्यकताहरू पूर्तिका साथै विकाससमेतको अपरिहार्यतातर्फ समेत
दृष्टि राख्दा वातावरणलाई सन्तुलित राख्दै उद्योग सञ्चालन गर्नुपर्ने हुन्छ । प्रत्यर्थी उद्योगले आफ्नो
लिखित जवाफमा वातावरण एवं जल प्रदूषणको विषयमा आफू हरूसमेत संवेदनशील रहेको र
त्यस्तो हुन नदिने प्रतिबद्धतासमेत देखाएको स्थितिमा उद्योग नै बन्द गर्नु वा त्यहाँबाट अन्यत्र सार्नु
भनी निवेदक मागबमोजिम परमादेश जारी गर्नुपर्ने भन्ने उपयुक्त हुने देखिएन । तापनि यस्तो
विषयलाई उपेक्षा गर्न मिल्ने नभई यसप्रति संवेदनशील भई क्रियाशील हुन आवश्यक देखिँदा सो
कारखानामा प्रयोग भएको पानीलाई शुद्ध पानीका रूपमा निष्काशन गर्न Water treatment
plant समेत अविलम्बन जडान गर्नु, धुवाँमा भुसको धुलो मिसिन नदिन Dust collector समेत
प्रभावकारीरूपमा प्रयोग गर्नु भनी प्रत्यर्थी भृकु टी पल्प एण्ड पेपर नेपालको नाममा निर्देशनात्मक
आदेश जारी हुने ठहर्छ ।
७. अधिवक्ता भरतमणि गौतम विरूद्ध मन्त्रिपरिषद् सचिवालयसमेत (रिट नं. ३४७४/२०५६)
आदेश मितिः २०५९।२।७, संयुक्त इजलास
४५. विपक्षीहरूले पनि निवेदकले निवेदनमा उठाएको समस्यालाई वातावरणको खतराको रूपमा
लिई भोलि उत्पन्न हुने संकटलाई मध्यनजर राख्दै समस्या निरोपणको लागि आवश्यक कार्यहरू
गरिरहेको भन्ने देखिन आए तापनि गोकर्ण स्थित ल्याण्ड फिल साइटमा निस्किरहेको मिथेन
ग्याँसको व्यवस्थापनलाई जतिसक्दो चाँडो व्यवस्थित गर्नु वाञ्छनीय देखिन्छ । प्रत्यर्थीहरू मध्ये
कु न प्रत्यर्थीको के कानूनी कर्तव्य हो खुल्न नआई गोश्वारारूपमा सार्वजनिक कर्तव्य पालन नगरेको
भन्ने आधारमा परमादेशको आदेश जारी हुने स्थिति विद्यमान रहेको मिसिल संलग्न कागजबाट
देखिएन । तर निवेदनमा उल्लिखित गोकर्णक्षेत्रका ल्याण्ड फिल साइट र त्यसबाट सिर्जित मिथेन
ग्याँसको सो सम्बन्धमा प्रभावकारी र सन्तोषजनक रोकथामको कार्य भएको भन्ने लिखित
जवाफबाट नदेखिँदा उक्त विषयको संवेदनशीलतालाई ध्यानमा राखी पर्यावरणलाई सन्तुलनमा
राखी मिथेन ग्याँससमेतका विषयमा कानून निर्माण गरी व्यवस्थित गर्न कारबाही गर्नु भन्ने
सम्बन्धमा निर्देशन दिन उपयुक्त देखिएकोले विपक्षीको नाममा यो निर्देशनात्मक आदेश जारी
गरिदिएको छ ।
८. अधिवक्ता प्रकाशमणि शर्मा विरूद्ध मन्त्रिपरिषद् सचिवालय (रिट नं. ३४४०/२०५३) आदेश
मितिः २०५९।११।२७, संयुक्त इजलास
४६. समग्रमा वातावरणको प्रदूषण कम गर्नुपर्ने भन्ने निवेदकहरूको निवेदन व्यहोरामा असहमति
कसैको हुन सक्दैन । विशेषतः काठमाडौं उपत्यकाका सडकहरूमा गुड्ने विभिन्न प्रकारका सवारी
साधनहरूबाट निस्कने मुख्यतः धुवाँबाट जनस्वास्थ्यमा निकै नकारात्मक प्रभाव परिरहेको पाइन्छ ।
यसतर्फ प्रत्यर्थी श्री ५ को सरकारका सम्बन्धित निकायहरूबाट अध्ययन टोलीसमेत गठन भई प्राप्त
भएको प्रतिवेदन कार्यान्वयन गर्नेतर्फ आवश्यक कारबाही भई प्रयासरत नै रहेको भन्ने मिसिल
संलग्न उक्त प्रतिवेदनहरूबाट पनि देखिन आउँछ । त्यसका बाबजूद पनि हाल त्यस्तो प्रदूषण
रोकिएको वा कम भइरहेको अवस्था देखिन नआएको हुँदा उपत्यका बाहिरको वातावरण प्रदूषण
हुन नदिनेतर्फ समेत आवश्यक अध्ययन अनुसन्धान गर्नुका साथै हाल उपत्यकाभित्र चल्ने साना
टेम्पो, ट्याक्सीलगायत बस, मिनिबस, ट्रक, ट्रयाक्टर आदिबाट निस्कने धुँवाको प्रदूषणबाट
जनस्वास्थ्यको रक्षा गर्न प्रभावकारी आवश्यक उपायको अवलम्बन बढीमा २ वर्ष सम्ममा गराई
सक्नु भनी विपक्षी श्री ५ को सरकार मन्त्रिपरिषद् सचिवालयसमेतका नाउँमा यो निर्देशात्मक आदेश
जारी हुने ठहर्छ ।
९. अधिवक्ता प्रकाशमणि शर्मा विरूद्ध प्रधानमन्त्री तथा मन्त्रिपरिषद्को कार्यालय (रिट नं.
३४१३/२०५८) आदेश मितिः २०६१।४।१२, संयुक्त इजलास
४७. प्रदूषणरहित स्वच्छ वातावरण कायम राख्न संविधान तथा कानूनले आवश्यक व्यवस्था
गर्दागर्दै पनि त्यसको कार्यान्वयन नहुनु र लिखित जवाफमा श्री ५ को सरकार वातावरण संरक्षणप्रति
सजग छ भने तापनि विशेषज्ञ टोलीको प्रतिवेदनबाट विपक्षी श्री ५ को सरकारले कानूनअनुकू ल
काम गरेको भन्ने देखिन आएन ।
४८. यस अदालतको आदेशअनुसार गठित उल्लेखित विशेषज्ञ टोलीको प्रतिवेदनमा उल्लेख
भएअनुसार तोकिएको मापदण्डविपरीत हुने विपक्षी उद्योगले औराही नदीमा निष्कासित effluent
मिसाई उद्योग सञ्चालन गरी नदी प्रदूषण गरेको देखिन आएको छ । त्यसैले यथासक्य चाँडो
उपरोक्त उल्लेखित राजपत्रमा तोकिएको मापदण्ड ननाघ्ने गरी आवश्यक सुधारको व्यवस्था गरेर
मात्र उद्योग सञ्चालन गर्नु भनी आवश्यक यन्त्र जडान गर्नेलगायत सुधारको लागी चालु आर्थिक
वर्षको अन्त्य सम्मको समय दिई तत्पश्चात पुनः उल्लेखित विशेषज्ञ समिति वा आवश्यकताअनुसार
अर्को विशेषज्ञ समितिद्वारा विपक्षी उद्योगको निरीक्षण गरी गराई तोकिएको मापदण्डभित्र रहेर मात्र
उद्योग सञ्चालन गर्न दिनु भनी विपक्षीहरूका नाउँमा निर्देशनात्मक आदेश जारी गरिदिएको छ ।
१०. भीमसेन थापासमेत विरूद्ध मन्त्रिपरिषद् सचिवालय समेत (रिट नं. ३०२४/२०५६) आदेश
मितिः २०६०।१०।६, संयुक्त इजलास
४९. प्रधानसेनापति र ३ नं. वाहिनी अड्डाको लिखित जवाफबाट सुरक्षाको कडा व्यवस्था
अवलम्बन गरेर उचाइमा होइन, सीधा सतहमा दुर्घटना हुन नदिने उपायहरू गरी फायरिङ कार्य गरिने
भन्ने कु रा उल्लेख गरिएको पाइँदा हाललाई फाइरिङ रेन्जको कार्य रोकिहाल्नु पर्ने अवस्थाको
विद्यमानता देखिन
आएन । सरकारले कु नै स्थानको जग्गालाई कसरी उपयोग गर्ने भन्ने कु रा उसको नीति र कार्यक्रममा
भर पर्ने हुँदा हचुवाको भरले बदनियतपूर्ण कार्य भयो भन्न मिल्ने देखिँदैन । त्यसैले विपक्षीहरूको
कार्य कानूनविपरीतको भन्न नमिल्ने र निवेदकले कानूनी दायित्व परिपालना नभएको भनी देखाउन
सके को अवस्था नहुँदा निवेदन मागबमोजिम उत्प्रेषण, परमादेशलगायतका आदेश जारी गरिपाउँ
भन्ने निवेदन जिकिर पुग्न सक्ने देखिएन ।
५०. परन्तु राज्यको कु नै पनि क्रियाकलापबाट जनधनको सुरक्षा र वातावरणमा प्रतिकू ल प्रभाव हुन
नदिई शान्तिपूर्वक जीवन यापन गर्न पाउने मानिसको अधिकार सुरक्षित गर्नु राज्यको दायित्व हो ।
त्यसैले उल्लिखित फायरिङ रेन्जको उपयोगबाट पर्न सक्ने प्रभावको विषयमा अध्ययन प्रतिवेदनमा
औंल्याइएका निष्कर्ष र सुझावहरूलाई मध्यनजर राखी त्यसलाई कार्यान्वयन गर्ने गरी तत्कालीन
एवं दीर्घकालीनरूपमा व्यवस्था मिलाई सैनिक अभ्यास फायरिङको कार्य गर्नु गराउनु भनी
विपक्षीहरूको नाउँमा निर्देशनात्मक आदेश जारी हुने ठहर्छ ।
११. शत्रुघ्नप्रसाद गुप्ता विरूद्ध एभरेष्ट पेपर मिल्स प्रा.लि. (रिट नं. ३४८०/२०५९) आदेश मितिः
२०६१/४/१२, संयुक्त इजलास
५१. यस अदालतको आदेशानुसार गठित विशेषज्ञ टोलीको प्रतिवेदनमा उल्लेख भएअनुसार
तोकिएको मापदण्डविपरीत हुने गरी विपक्षी उद्योगले औराही (बगले) नदीमा निष्कासित effluent
मिसाई उद्योग सञ्चालन गरी नदी प्रदूषण गरेको देखिन आएको छ । त्यसैले यथाशक्य चाँडो
उपरोक्त उल्लिखित राजपत्रमा तोकिएको मापदण्ड ननाघ्ने गरी आवश्यक सुधारको व्यवस्था गरेर
मात्र उद्योग सञ्चालन गर्नु र आवश्यक यन्त्र जडान गर्नेलगायत सुधारका लागि चालू आर्थिक
वर्षको अन्त्यसम्मको समय दिई तत्पश्चात् पुनः उल्लिखित विशेषज्ञ समितिलाई वा
आवश्यकताअनुसार अर्को विशेषज्ञ समितिद्वारा विपक्ष उद्योगको निरीक्षण गरी गराई तोकिएको
मापदण्डभित्र रहेर मात्र उद्योग सञ्चालन गर्न दिनु भनी विपक्षीहरूको नाममा निर्देशनात्मक आदेश
जारी गरिदिएको छ । यसको अलावा देहायको थप आदेशसमेत जारी जारी गरिएको छः
(१) विपक्षी उद्योगको प्रदूषण हुन नदिन जडान गरिएको यन्त्रलगायत निरीक्षण गराई विशेषज्ञ
टोलीले निरीक्षण गरी दिएको प्रतिवेदनको एक एक प्रति यस अदालत तथा निवेदक जनहित संरक्षण
मञ्चलाईसमेत अनिवार्य रूपले उपलब्ध गराउनु ।
(२) आजसम्म निरीक्षककै नियुक्ति हुन नसक्नुलाई अत्यन्त गम्भीरताका साथ लिनुपर्ने
हुन्छ । तसर्थ यथासक्य चाँडो निरीक्षक नियुक्ति गर्नेलगायतका ऐनमा भएका पूर्वाधारको व्यवस्था
गरी कार्यान्वयन गर्नु गराउनु ।
१२. अधिवक्ता सन्तोषकु मार महतो विरूद्ध मन्त्रिपरिषद सचिवालयसमेत (रिट नं. ३०४३) आदेश
मितिः २०६१।८।४, संयुक्त इजलास
५२. प्लाष्टिकका झोलाहरूको प्रयोगबाट पर्यावरणमा पर्ने असरका सम्बन्धमा वृहत एवं गम्भीर
अध्ययन अनुसन्धान गरी प्राप्त हुने वैज्ञानिक निष्कर्षको आधारमा उचित निर्णय गनुपर्ने अवस्था
देखिएको हुँदा यसका निम्ति एक प्राविधिक समिति गठन हुनु वाञ्छनिय देखिन्छ ।
५३. अतः यस सम्बन्धमा नेपाल राजकीय विज्ञान तथा प्रविधि प्रज्ञा प्रतिष्ठान (RONAST)
प्लाष्टिक प्राविधिज्ञ एवं वातावरणविद्, त्रिभुवन विश्वविद्यालयका रसायनशास्त्री, श्री ५ को सरकार
जनसंख्या तथा वातावरण मन्त्रालय तथा काठमाडौं उपत्यकाका सबै नगरपालिका एवं नेपाल
प्लाष्टिक उत्पादक संघका प्रतिनिधिसमेत समावेश हुने गरी एक प्राविधिक समिति गठन गरी माथि
उल्लेख भएका प्रश्नहरूमध्ये प्रश्न संख्या ४ बाहेक अन्य प्रश्नहरूसमेतलाई दृष्टिगत गरी उक्त
समितिलाई अध्ययन अनुसन्धान गरी रायसहितको प्रतिवेदन यसै आर्थिक वर्षभित्र पेस गर्नु भनी
कार्यादेश (Terms of reference) दिई सो प्रतिवेदनको एकप्रति यस अदालतमा समेत प्रस्तुत गर्नु
भनी श्री ५ को सरकार, प्रधानमन्त्री तथा मन्त्रिपरिषद्को कार्यालय एवं श्री ५ को सरकार, जनसंख्या
तथा वातावरण मन्त्रालयका नाममा निर्देशात्मक आदेशसहितको परमादेश जारी गरिएको छ ।
५४. साथै उक्त प्राविधिक समितिले दिएको प्रतिवेदन एवं सम्बन्धित बासिन्दाहरूको
अभिमतसमेतलाई आधार लिई काठमाडौं उपत्यकामा प्लाष्टिकका झोलाहरूको बेचबिखत एवं
उपभोग सम्बन्धमा निर्णय गर्नु भनी विपक्षी नगरपालिकाहरूका नाममा परमादेश जारी गरिएको छ ।
१३. अधिवक्ता प्रकाशमणि शर्मा विरूद्ध मन्त्रिरिषद् सचिवालय (रिट नं. २८९८/२०६०) आदेश
मितिः २०६१/९/६, संयुक्त इजलास
५५. ऐन कानूनको प्रावधान लागू गर्नु श्री ५ को सरकारको कर्तव्य हो । ऐन कानूनको कार्यान्वयन
नहुने हो भने त्यसमा रहेका व्यवस्था कानूनमा नै सीमित रहन जान्छ । वातावरण संरक्षण ऐन,
२०५३को दफा ८ बमोजिम वातावरण निरीक्षकको पदपूर्ति गर्नुपर्ने बाध्यता देखिन्छ । कानूनले
व्यवस्था गरेअनुसार वातावरण निरीक्षक पदका लागि के कस्तो योग्यता निर्धारण गर्ने हो सोको
लागि लोकसेवा आयोग र सामान्य प्रशासन मन्त्रालयसमेतसँग समन्वय गरी सम्बन्धित विशेषज्ञबाट
राय लिनुपर्ने अवस्था भए लिई यथाशक्य पदपूर्ति गर्ने वा त्यस्तो निरीक्षकको काम कर्तव्य
तोक्नेसम्बन्धी आवश्यक व्यवस्था गर्नु भनी विपक्षी जनसंख्या तथा वातावरण मन्त्रालयको नाउँमा
निर्देशात्मक आदेश जारी गरिदिएको छ ।
१४. अधिवक्ता भोजराज ऐरसमेत विरूद्ध प्रधानमन्त्री तथा मन्त्रिपरिषद्को कार्यालयसमेत (रिट नं.
३१८०/२०६१) आदेश मितिः २०६२।२।२३, संयुक्त इजलास
५६. स्वास्थ्य परीक्षण नगरिएका पशुहरूलाई नदी किनारा र खुला ठाउँमा निर्विवादरूपमा बध गरी
खुलै पसलमा पुर्‍याई जाँच नगरी मासु बिक्री भइरहेको भन्ने देखिन्छ । यसरी अनियन्त्रितरूपमा पशु
बध गर्नाले प्रदूषण बढाएको छ भने अस्वस्थ र विना परीक्षण विक्री वितरण भइरहेको अस्वस्थ्य
मासु खानाले गम्भीर प्रकृ तिका रोग लागी जनसाधारणले औषधोपचारमा ठूलो रकम खर्च गर्नुमात्र
परेको छैन, यसबाट उपभोक्ताहरूको स्वच्छ तथा स्वस्थ्यरूपमा बाँच्न पाउने मौलिक एवं कानूनी
हकमा पनि आघात परिरहेको छ । स्वस्थ मासु खान पाउन भन्ने अभिप्रायले नै विधायिकाले पशु
बधशाला तथा मासु जाँच ऐन, २०५५ ल्याएको हो । यो ऐन लागू गरी स्वस्थ मासु तथा मासुजन्य
पदार्थ उपभोग गर्न पाउने उपभोक्ताको हक हित संरक्षण गर्नु विपक्षीको कानूनी कर्तव्य हो ।
५७. विधायिकाले कानून बनाई जारी गरिसके पछि सो कानून एकै पटक लागू हुन नसक्ने स्थितिको
रहेछ भने पनि कार्यपालिकाले चरणबद्धरूपमा लागू गर्नेतर्फ कार्ययोजना बनाई आवश्यकताअनुरूप
लागू गर्दै जानुपर्छ, अनि मात्र ऐनको उद्देश्य परिपूर्ति भएको मान्न मिल्छ । पशु बधशाला तथा मासु
जाँच ऐन, २०५५ मिति २०५५।१२।८ मा लालमोहर लागी जारी गरिसकिएको भए तापनि
हालसम्म पनि लागू गर्ने गराउनेतर्फ श्री ५ को सरकारका सम्बन्धित निकायबाट कु नै कार्य भए
गरेको भन्ने देखिन आएन ।
५८. अतः अत्यधिक जनसंख्याको चाप रहेको नेपाल अधिराज्यका महानगरपालिका, उप–
महानगरपालिका र नगरपालिकाहरूमा प्रस्तुत पशु बधशाला तथा मासु जाँच ऐन, २०५५ लागू हुन
सक्ने पूर्वाधारहरू यथासम्भव छिटै तयार गरी गर्न लगाई निवेदन माग दाबीअनुसार यो ऐन लागू गर्नु
गराउनु र यो ऐन चरणबद्धरूपमा कसरी लागू गर्ने गराउने हो सो विषयमा सर्वसाधारणलाई अग्रिम
जानकारीसमेत गराउनु भनी विपक्षी श्री ५ को सरकार निकायहरूका नाममा निर्देशनात्मक आदेश
जारी हुने ठहर्छ ।
१५. अधिवक्ता प्रकाशमणि शर्मा विरूद्ध मन्त्रिपरिषद् सचिवालय (रिट नं. ३०२७/२०५९) आदेश
मितिः २०६२/११/३, संयुक्त इजलास
५९. इँटा उद्योगले प्रदूषण नियन्त्रण यन्त्र जडान नगर्ने वा पुरानो प्रविधिलाई बन्द गरी नयाँ VSBK
प्रविधिद्वारा सञ्चालन नगर्ने हो भने Private interest must yield to public interest को
सिद्धान्तअनुसार निश्चित समयावधि तोकी वातावरण मन्त्रालय र सम्बद्ध निकायले Larger
public interest लाई ध्यानमा राखी कडा निर्णय लिन पनि पर्छ । राज्य सञ्चालन गर्ने संवैधानिक
कर्तव्य बोके को श्री ५ को सरकारको आम जनताको स्वास्थ्यमा प्रदूषित वातावरणले गर्ने हानीबाट
बचाउन कानूनको अक्षरस लागू गर्ने संवैधानिक कर्तव्य हो । तसर्थ देहायबमोजिम गर्नु भनी विपक्षी
श्री ५ को सरकारको नाउँमा यो निर्देशात्मक आदेश जारी गरिदिएको छः
(१) उद्योग वाणिज्य तथा आपूर्ति मन्त्रालय, वातावरण विज्ञान तथा प्रविधि मन्त्रालय, भौतिक
योजना तथा निर्माण मन्त्रालय, श्रम तथा यातायात मन्त्रालय, भवन विभाग तथा आवश्यक मात्रामा
विशेषज्ञ र निवेदक प्रो. पब्लिकको एकजना प्रतिनिधिसमेत रहने गरी एक टोली गठन गरी
उपत्यकाभित्रका सबै इँटा उद्योगहरूमध्ये कति वटाले प्रदूषण रोकथाम प्रविधि जडान गरेका र कति
वटाले नगरेको अध्ययन गर्ने र कु न-कु न इँटाभट्टाले प्रदूषण गरेको हो पहिचान गर्ने,
(२) इँटा उद्योग बन्द गर्दा राज्यका निर्माण, विकास र नागरिकका आवास निर्माणमा के असर पर्छ र
त्यसको विकल्प के हुन सक्छ अध्ययन गर्ने,
(३) राष्ट्रको ढुकु टीमा विदेशी मुद्रा आर्जन गर्ने पर्यटकका लागि बनेका ग्रामीण क्षेत्रमा भएका
स्तरीय रिसोर्ट र बालबालिका पढ्ने स्कू ल र घनाबस्ती क्षेत्र वरपरका इँटा उद्योगहरू बन्द गर्न
लगाउने,
(४) नं. ३ को क्षेत्रबाहेक अन्य क्षेत्रमा भएका इँटा उद्योगहरूका हकमा उक्त अध्ययनबाट पाइएको
प्रदूषण गर्ने इँटा भट्टालाई यही गठित समितिले आवश्यक र मनासिब समयभित्र कानूनमा तोकिएको
अधिकारी वा निकायबाट प्रदूषण नियन्त्रण उपकरण जडान गर्न लगाउने र
(५) माथि १, २, ३ का कु राहरू ६ महिनाभित्र सम्पन्न गरी एक प्रति प्रतिवेदन यस अदालतलाई
समेत उपलब्ध गराउने र नं. ४ का कु राहरूलाई मनासिब समय दिने गरी विपक्षीहरूका नाउँमा
निर्देशनात्मक आदेश जारी गरिएको छ ।
१६. प्रकाशमणि शर्मा विरूद्ध जनसंख्या तथा वातावरण मन्त्रालय (रिट नं. ३४२९/२०६१)आदेश
मितिः २०६२/९/४, संयुक्त इजलास
६०. वातावरण संरक्षण नियमावली, २०५४ को अनुसूचीमा तोकिएका उद्योगहरूको लागि
विशेषज्ञहरूसँग परामर्श गरी ६ महिनाभित्र Standard निर्धारण गरी तोकी कानूनी व्यवस्था लागू
गर्नु भनी विपक्षीहरूको नाममा परमादेश जारी गरिएको छ ।
६१. नेपाल अधिराज्यको संविधान, २०४७ तथा वातावरण संरक्षण ऐन, २०५३ र नियमावली,
२०५४ ले जनताको स्वास्थ्यमा प्रतिकू ल असर पर्न नदिई वातावरण संरक्षणको लागि आवश्यक
कार्य गर्ने जिम्मेवारी राज्यलाई सुम्पेको र यस अदालतबाट यसभन्दा पहिलेपनि विभिन्न मुद्दाहरूमा
उक्त कानूनहरूको कार्यान्वयन गर्नु गराउनु भनी विभिन्न मितिमा आदेशसमेत जारी भएकोमा जल र
ध्वनि प्रदूषणको मापदण्ड अझ पनि नतोकिनुबाट कानून कार्यान्वयनमा ढिलाई भएको,
कानूनविपरीत अस्थायी प्रमाणपत्र वितरण गर्दै उद्योग सञ्चालन गर्न अनुमति दिने कार्य ऐनको
व्यवस्थाविपरीत भएकाले अनुसूची ७ मा उल्लेखित उद्योगलाई समेत मापदण्ड तोकी अनुगमन
गर्नेतर्फ विशेष सतर्क ताका साथ कार्य गनुपर्ने भएकाले सो कार्य यथासक्य चाँडो गर्नु भनी
विपक्षीहरूका नाममा निर्देशनात्मक आदेश जारी हुने ठहर्छ ।
१७. अधिवक्ता धनन्जय खनाल विरूद्ध प्रधानमन्त्री तथा मन्त्रिपरिषद्को कार्यालय सिंहदरवारसमेत
(संवत् २०६२ सालको विशेष रिट नं. ७३) आदेश मितिः २०६३।२।२५।५ विशेष इजलास
६२. प्रस्तुत निवेदन सार्वजनिक सरोकारको विवादअन्तर्गत सार्वजनिक हितको लागि परेको र
निवेदकले निवेदनसाथ Research & Investigation Tear Gas- Harassing Agent of
Toxic Chemical weapon, Aug १९८९ Vol. २६२ पेस गर्नु भएको रहेछ । निवेदकले पेस
गरेका बुलेटिनका प्रतिलिपीबाट आज पनि विश्वमा अश्रु ग्याँस प्रयोग हुने गरेको र ठीक तरीकाले
प्रयोग गरेमा अश्रु ग्याँस स्वास्थ्यको लागि हानीकारक नहुने भन्ने देखिन्छ । निवेदकले पेस गरेको
उक्त प्रतिलिपीको दोश्रो पृष्ठमा If used correctly the Toxious effect of exposure are
transient and of no long term consequence भन्ने उल्लेख छ । उक्त बुलेटिनको
प्रतिलिपीबाट Tear gas को विवादित पक्ष पनि भएको भन्ने देखिएकोले सम्बन्धित विज्ञ वा
वैज्ञानिकहरूको अध्यक्षतामा स्वास्थ्य मन्त्रालय, गृह मन्त्रालय तथा प्रहरीको प्रतिनिधिसमेत
सम्मिलित एक विशेषज्ञ टोली गठन गरी अश्रु ग्याँस स्वास्थ्यलाई कत्तिको हानिकार हो? यसको
बदलामा विकल्प के हुनसक्छ वा सक्दैन, भए के विकल्प छ, र स्थानीय प्रशासकले शान्ति सुरक्षा
कायम गर्ने कार्यमा अश्रु ग्याँस प्रयोग गर्ने कु राबाहेक अन्य कानूनी उपायबाट मात्र कत्तिको
प्रभावकारिता आउँछ वा आउँदैन सोलगायत निवेदनमा उठाइएका कु राहरू समेत दृष्टिगत गरी एक
वर्षभित्रमा अध्ययन सम्पन्न गरी गराई सोको आधारमा आवश्यक जो जे गर्नुपर्ने गर्नु र अध्ययन
प्रतिवेदनको एक प्रति यस अदालतलाई समेत दिनु भनी नेपाल सरकार मन्त्रिपरिषद्को कार्यालयको
नाममा निर्देशनात्मक आदेश जारी गरिदिएकोछ ।
१८. अधिवक्ता धनञ्जय खनाल विरूद्ध सम्माननीय प्रधानमन्त्री तथा मन्त्रिपरिषद्को
कार्यालयसमेत (संवत् २०६० सालको रिट नं. ३४०१) आदेश मितिः २०६३।५।११, संयुक्त
इजलासः
६३. विश्व सीमसार क्षेत्रमा सूचीकृ त भएको बीसहजारी ताल र त्यसको वरिपरिको क्षेत्रको
संरक्षणसम्बन्धी विषय राष्ट्रिय मात्र नभै अन्तर्राष्ट्रिय महत्त्वको समेत भएकोले वीसहजारी ताल र
यसको वरिपरि कु नै योजना संचालन गर्नुपर्ने भएमा Comprehensive रूपको Master Plan
तयार गरी वातावरण संरक्षण ऐन, २०५३ को दफा ९ र १०, सीमसार नीति, २०५९, रामसार
महासन्धि, १९७१, जैविक विविधता महासन्धि, १९९२ र संविधानको धारा २६(२) समेतलाई
मध्यनजर राखी सीमसारक्षेत्र बीसहजारी तालको संरक्षण सम्बन्धमा आवश्यक व्यवस्था मिलाई
कार्य गर्नु गराउनु भनी विपक्षीहरूको नाममा निर्देशनात्मक आदेश जारी हुने ठहर्छ ।
१९. देवीप्रसाद गौतम विरूद्ध जिल्ला वन कार्यालय बारासमेत (२०६४ सालको रिट नं. ००५८)
आदेश मितिः २०६७।१।१५
६४. ढुंगाखानी सञ्चालन प्रकृ यामा Energy प्रयोग हुन्छ । Energy प्रयोग हुँदा कम्तीमा पनि
आवाज र धुलो निस्कन्छ । यसरी जंगल र खोलामा आवाज र धुलो पैदा हुँदा जंगलमा रहेका
चराचुरूं गी र पानीमा प्रत्यक्ष असर पर्दछ । यसका साथै यी सब प्रकृ यामा ढुवानी गर्दा झन आवाज र
धुलो प्रदूषण बढ्दछ । यसमा विवाद हुँदैन । सो कु रा अंग्रेजी भाषामा कम्पनीले तयार गरेको
वातावरण प्रभाव अध्ययन प्रतिवेदनले नै भनिरहेको छ । तर सरकारी निकायहरूको लिखित जवाफ
र काम कारवाही ठीक विपरीत छ । यदि सरकारी निकायहरू यसरी अल्मलिने वा आफ्नो काम
कर्तव्य नै बोध नहुने हो भने संविधानले नागरिकलाई दिएको Right to pollution free
environment र राज्यको नीति कसरी साकार हुन सक्ला ? यसप्रति सरकार गम्भीर हुनु पर्दछ । यो
मुद्धामा सरकारका निकायहरूको गल्ती हुँदा वातावरण जस्तो संवेदनशील विषयमा ध्यानाकर्षण
गरिएको छ ।
६५. विपक्षी नेपाल प्रोग्रेसिभ कन्स्टक्सन प्रा.लि.लाई Stone Aggregates उत्पादनमूलक
उद्योगमा दर्ता गर्ने गरी प्रमाणपत्र दिने भनी विपक्षी उद्योग विभागबाट भएको मिति २०६३।१२।२३
को निर्णय एवं सोही आधारमा जिल्ला बन कार्यालय बाराले उक्त उद्योगलाई ढुंगा संकलन गर्न
इजाजत दिएको भन्ने मिति ०६३।३।२९ को पत्रसमेत वातावरणीय प्रभाव मूल्याङ् कनको दृष्टिकोण,
प्रचलित कानूनी व्यवस्था र नेपालले अवलम्बन गरेको वातावरण नीति प्रतिकू ल देखिँदा
उत्प्रेषणको आदेशद्वारा बदर गरिदिएको छ ।
२०. भोजराज ऐर विरूद्ध प्रधानमन्त्री तथा मन्त्रिपरिषद कार्यालयसमेत (२०६१ सालको रिट नं.
९९) आदेश मितिः २०६६।१२।१५
६६. बागमती नदी प्रदूषित हुन नदिन वातावरण संरक्षणका निमित्त यस अदालतबाट पटकपटक
विभिन्न चरणमा आदेश भई विपक्षीहरूबाट आदेश कार्यान्वयनका सम्वन्धमा भए गरेका कामको
प्रतिवेदन पेस हुन आएकोमा सो विवरण हेर्दा फोहोर मैला व्यवस्थापन गर्न बनेको विधेयक, २०६५
तयार भई विचारणीय रहेको, बागमती सभ्यता विकास परिषद् विधेयक संसदमा पेस भइरहेको र
बागमती कार्ययोजना नेपाल सरकार मन्त्रिपरिषद्‌ले मिति २०६६।४।२७ मा स्वीकृ त गरी
कार्यान्वयनमा ल्याउने क्रममा यस आर्थिक वर्षमा बजेट छु ट्याई काम सुरू गरेको, मिति २०६५।
१०।९ को नेपाल सरकारको निर्णयअनुसार बागमती स्वच्छता कायम गराउने सम्बन्धमा आवश्यक
पर्ने छाता समिति गठन भई कार्य गरिएको, नगरक्षेत्रमा घर निर्माण गर्दा अनिवार्यरूपमा सेफ्टी
ट्यांकी बनाउनु पर्ने व्यवस्था गरिएको भन्ने प्राप्त प्रतिवेदनहरू बाट देखिँदा हाललाई
अवहेलनासम्बन्धी कारवाही अगाडि बढाइरहनु पर्ने अवस्था नदेखिँदा प्रस्तुत निवेदन तामेलीमा
राखी दिने ठहर्छ ।
६७. बागमती संरक्षण सम्बन्धमा यस अदालतको मिति २०५८।९।२ को आदेश र प्रस्तुत निवेदन
सम्बन्धमा यस अदालतबाट विभिन्न मितिमा भएका आदेशबमोजिम विपक्षीहरूबाट प्रतिवेदनमा
स्वीकार गरिएका, गर्ने भनिएका कार्य एवं कार्ययोजना कार्यान्वयन भए नभएको सम्बन्धमा
अधिकार सम्पन्न बागमती सभ्यता एकीकृ त विकास समिति, का.म.न.पा., ल.पु. उप
म.न.पा.समेतबाट र आवश्यक परे अन्य निवेदनमा विपक्षी बनाइएका र यस अदालतबाट
झिकाइएका सम्बन्धित मन्त्रालयका सचिवसमेतबाट प्रत्येक ४।४ महिनामा कार्यान्वयनसमेतका
काम कारवाहीको प्रगति विवरण लिई यस अदालतको निर्णय कार्यान्वयन शाखाले नियमित
अनुगमन गर्ने र कार्य प्रगति अगाडि नबढाइएको वा अदालतलाई दिइएको प्रतिवेदनबमोजिम कार्य
नगरेको पाइए यसै निवेदनको मिसिल जगाई इजलाससमक्ष पेस गर्ने गरी यो आदेश गरिदिएको छ ।
यो आदेशको जानकारी विपक्षीहरूलाई र महान्यायाधिवक्ताको कार्यालयलाई समेत
दिनु । नियमित प्रगति प्रतिवेदन लिई काम कारवाही सन्तोषजनकरूपमा चले नचलेको सम्बन्धमा
अनुगमन गर्न प्रस्तुत निवेदन अनुगमन तथा निरीक्षण महाशाखा निर्णय कार्यान्वयन शाखामा पठाइ
दिनू ।
२१. पूर्णभक्त डंगोल विरूद्ध प्रधानमन्त्री तथा मन्त्रिपरिषद्को कार्यालयसमेत (२०६० सालको रिट
नं. २८९१) आदेश मितिः २०६३।३।२०, संयुक्त इजलास
६८. विपक्षीहरूले वातावरणीय पक्षको ख्याल राखी कानूनद्वारा तोकिएबमोजिमको कार्यविधि
नअपनाई एवं सम्बन्धित विज्ञहरूको रायसमेत नलिई अरनिको राजमार्गको दायाँ बायाँका रूखहरू
एवं उपत्यकाभित्रका समेत अन्य रूखहरू काट्ने काम गरेको भन्ने निवेदनमा उल्लेख भएकोमा
प्रत्यर्थीहरूको लिखित जवाफ हेर्दा निवेदकबाट उठाइएको विषयलाई हलुका तरिकाले कहिले
आफ्नो जिम्मेवारी नरहेको र निवेदनमा उल्लेख गरेको कार्य भइसके कोसमेत भनी उल्लेख गरेको
पाइएबाट प्रत्यर्थीहरू ऐन नियमले प्रदान गरेको जिम्मेवारीप्रतिसमेत उदासीन रहेको देखियो ।
६९. तसर्थ पर्यावरण संरक्षण जस्तो संवेदनशील, मानवीय, राष्ट्रिय र अन्तर्राष्ट्रिय महत्त्वको विषयमा
उपरोक्तानुसार प्रभावकारी एवं सन्तोषजनकरूपमा कार्य गरेको नदेखिएको र मन्त्रिपरिषदको २०५९।
१।१९ को निर्णयलेसमेत रूख काटिएकोमा पुनः वृक्षारोपण, उद्यान पार्क बनाउनेसमेतको कार्य
गर्नुपर्ने गरी निर्णय गरेको देखिँदा सोको कार्यान्वयन गरी गराई वातावरणीय संरक्षणमा विशेष
व्यवस्था मिलाउनु भनी प्रत्यर्थी भौतिक योजना तथा निर्माण मन्त्रालय, सडक विभाग र
नगरपालिकाहरूका नाममा निर्देशात्मक आदेश जारी गरिदिएको छ ।
२२. भोजराज ऐरसमेत वि. प्रधानमन्त्री तथा मन्त्रिपरिषदको कार्यालयसमेत (२०६० सालको रिट
नं. ३३७७) आदेश मितिः २०६१।५।१, संयुक्त इजलास
७०. वातावरण संरक्षण ऐन, २०५३ ले स्वच्छ एवं स्वस्थ वातावरण कायम गर्न प्रत्याभूत गरेको
व्यवस्थामासमेत नकारात्मक असर परिरहेको सन्दर्भमा प्रदूषण नियन्त्रण गर्ने कार्यको लागि कोष
खडा गर्ने उद्देश्यले पेट्रोलियम पर्दाथको हाल कायमी मूल्यबाट नै वा उपभोक्तालाई सके सम्म थप
आर्थिक भार नपर्ने गरी अन्य कु नै उपयुक्त तरिकाबाट प्रदूषण नियन्त्रण कोष खडा गर्ने व्यवस्था
मिलाउनका लागि ऐनको उपरोक्त व्यवस्था लागू हुने मिति नेपाल राजपत्रमा सूचना प्रकाशन गरी
तोक्न नेपाल सरकारका नाममा निर्देशनात्मक आदेश जारी गरिदिएको छ ।
२३. नारायणप्रसाद देवकोटा वि. प्रधानमन्त्री तथा मन्त्रिपरिषदको कार्यालयसमेत (ने.का.प. २०६७
अंक १२ नि.नं.८५२१ पृष्ठ २०५३
७१. योजनाकार एवम् सरकारले योजना बनाउँदा आर्थिक विकास र औद्योगिक विकास तथा
वातावरणको संरक्षणलाई balance गर्न सक्नुपर्छ । आजको २१ औं शताव्दीको विश्व स्वच्छ
वातावरणको आवश्यकता र महत्त्वको बारेमा conscious
हुनुपर्छ । वातावरण विनासको cost को आर्थिक विकास स्वीकार्य हुन सक्दैन ।
७२. Public trust Doctrine अन्तर्गत नेपालको प्राकृ तिक स्रोतमा नेपाल सरकार trustee सम्म
हुने र नेपालको प्राकृ तिक स्रोतको कु नै कानूनी आधारवेगर छाडारूपले के वल नाम मात्रको राजश्व
बुझाएको भरमा मात्र वातावरणमा प्रतिकू ल प्रभाव पार्ने गरी कार्य गर्न दिन हुँदैन ।
७३. प्राकृ तिक स्रोतको उत्खनन र प्रयोग गर्दा आर्थिक लाभको दृष्टिले मात्र हेर्ने नभई त्यस्ता
प्राकृ तिक स्रोतलाई प्रयोग गर्दा वातावरणमा कति पनि प्रतिकू ल असर नपार्ने गरी मात्र उत्खनन र
प्रयोग गर्नुपर्दछ । प्राकृ तिक स्रोतलाई व्यापारिक प्रयोग गर्न दिँदा पहिलो र महत्त्वपूर्ण कु रा वरपरका
वस्ती, वनजंगल, वातावरण, स्कू ल, अस्पताललगायत अन्य संवेनदशील संस्था तथा जनतालाई
असर नगर्ने गरी मात्र दिनुपर्ने हुन्छ ।
७४. यस अदालतबाट वातावरण संरक्षणका सम्बन्धमा विकास गरिएको उपरोक्त विधिशास्त्रीय
मान्यताबाट पर्यावरणप्रति अदालतको चिन्ता र सरोकार स्पष्ट हुन्छ । वस्तुतः विभिन्न मानवीय
क्रियाकलापहरूबाट सृजित प्रदूषणको असरबाट आजको विश्व वातावरण नराम्रोसँग प्रदूषित बन्दै
गएको भन्ने कु रामा विवाद हुन सक्दैन । आर्थिक विकासको दृष्टिकोणबाट मानव समूदायलाई तिव्र
औद्योगिकीकरण र प्राकृ तिक स्रोत साधनहरूको भरपूर उपयोग गर्नुपर्ने आवश्यकता एकातर्फ रहेको
छ भने अर्कोतर्फ यस प्रकारका क्रियाकलापहरूबाट सिङ् गो प्रकृ तिको अस्तित्व खतरामा पर्न
लागेको छ । आर्थिक विकासका द्वारहरू नै बन्द गर्ने वा वातावरण प्रदूषण भई रहन दिने भन्ने दुवै
विषयहरू कु नै पनि दृष्टिकोणबाट उचित हुन सक्दैनन् । आर्थिक उन्नतिको लागि विकासको
अपरिहार्यतालाई इन्कार गर्न सकिँ दैन भने मानिसलगायत समस्त प्रकृ तिको अस्तित्वका लागि
पर्यावरण संरक्षणको विकल्प खोज्न पनि
मिल्दैन । यसका लागि विकास र वातावरणबिचको सन्तुलन कायम गर्दै अघि बढ्नुको कु नै विकल्प
छैन ।
७५. वस्तुतः विश्वभरका न्यायपालिकाहरूले वातावरण संरक्षणका खातिर आवश्यकताअनुरूप
आफू लाई कठोर ढंगबाटसमेत प्रस्तुत गरेका थुप्रै दृष्टान्तहरू पाइन्छन् । संयुक्त राज्य अमेरिकाको
उच्च अदालतले लाटोकोसेरो संरक्षणलगायत वातावरण संरक्षणको पक्षमा समय-समयमा न्यायिक
सक्रियताहरू देखाइएको अवस्था पाइन्छ । निवेदनमा उल्लेख गरिए जस्तै गंगा नदीको प्रदूषण
नियन्त्रण तथा विश्व सम्पदा सूचीमा सूचीकृ त ऐतिहासिक र सांस्कृ तिक महत्त्वको ताज महलको
संरक्षणमा त्यस क्षेत्रमा सञ्चालित उद्योगहरूबाट परेको असरसम्बन्धी विवादमा भारतीय उच्च
अदालतले दिएका आदेशहरू वातावरणीय न्यायको विधिशास्त्रीय विकासका दृष्टिकोणबाट
कोशेढुङ् गाकै रूपमा लिइन्छन् । माथि प्रस्तुत गरिएका उपरोक्त आदेशहरूबाट दिगो विकास र
वातावरणका पक्षमा यस अदालतले पनि आफू लाई दृढतापूर्वक उभ्याएको कु रा छर्लङ् ग हुन्छ ।
७६. कतिपय अवस्थामा अदालतलाई विकास विरोधिको संज्ञा पनि दिने गरिन्छ । तर आर्थिक
विकासका गतिविधिहरूलाई अवरूद्ध पार्ने वा समाजलाई पछाडि धके ल्नेसमेत अदालतको त्यस्तो
छु ट्टै स्वार्थ वा कु नै निहित उद्देश्य हुन
सक्दैन । त्यस्तै पर्यावरणमा पर्न गएका उल्लेखनीय प्रतिकू ल असरहरूलाई विकासको आडमा सहन
गरेर बस्ने वा निष्कृ यपन् देखाइरहने कु रा पनि आम जनसमुदायको बृहत्तर हित रक्षा गर्नुपर्ने न्यायिक
दायित्वअनुरूप हुँदैन । त्यसैले विकास र वातावरणबिच सन्तुलन कायम गरी विकासका
लाभहरूको फराकिलो, समावेशी र समन्यायिक वितरण हुने खालको दिगो विकासका पक्षमा
अदालतले आफू लाई उभ्याउनु पर्दछ । यस अदालतले पनि वातावरणीय न्यायको अन्तर्राष्ट्रिय
विधिशास्त्रीय मान्यताअनुरूप नै आफू लाई प्रस्तुत गरिरहेको तथ्य स्मरणीय छ ।

अब, जैविक विविधता र पर्यावरण एवम् सांस्कृ तिक र धार्मिक दृष्टिकोणबाट गोदावरी क्षेत्रको के
कस्तो महत्त्व रहेछ र विपक्षी गोदावरी मार्वल उद्योगको क्रियाकलापबाट त्यसमा प्रतिकू ल असर
परेको देखिन्छ वा देखिँदैन भन्ने विषयमा विचार गर्नुपर्ने हुनआएको छ ।
७७. रिट निवेदन, लिखित जवाफ र पेस भएका कागजातहरू अध्ययन गर्दा गोदावरी क्षेत्रको
अवस्थितिका सम्बन्धमा समयसमयमा विभिन्न अध्ययनहरू भएको देखिन्छ । राज्यका जिम्मेवार
निकाय, गैरसरकारीक्षेत्र तथा अनुसन्धानकर्ताहरूका तर्फ बाट गरिएका त्यस्ता अध्ययनहरूबाट
गोदावरी क्षेत्रको धार्मिक, सांस्कृ तिकका साथै जैविक विविधता र पर्यावरणीय महत्त्वहरू उजागर
भइरहको पाइन्छ ।
७८. यसै क्रममा तत्कालीन श्री ५ को सरकार, वन तथा भू-संरक्षण मन्त्रालय भू-तथा जलाधार
संरक्षण विभागले आजभन्दा करिब २७ वर्षअघि २०४५ सालमा गराएको गोदावरी क्षेत्रको
वातावरणीय सिंहावलोकन, २०४५ को सारांशमा गोदावरी क्षेत्रको महत्त्व बारे देहायबमोजिम
उल्लेख भएको देखियोः
मध्य पहाडी भेगको पारिस्थिक प्रणालीको प्रतिनिधित्व गर्ने, फू लचोकी माई, नौ धारा र गोदावरी
कु ण्डको उपस्थितिले धार्मिक महत्त्व राख्ने, नेपाल आउने विशिष्ट पाहुनाहरूको वृक्षारोपण स्थल,
वैज्ञानिकहरूको अनुसन्धान स्थल, काठमाडौं उपत्यकाको उच्च पहाड फू लचोकी, वन्यजन्तु तथा
वनस्पतिको खुला जीवित संग्रहालयको रूपमा परिचित, पर्यटक तथा काठमाडौंबासीको मनोरम
स्थल, काठमाडौंबाट करिब १५ कि.मि. दक्षिणपूर्वमा अवस्थित चिरपरिचितस्थल गोदावरी हाल
वन विनास र उद्योगको सञ्चालनबाट श्रृजित वातावरणीय विसंगतिको चपेटामा पर्दै गएको छ र
संरक्षणको पर्खाइमा छ ।
७९. यसैगरी तत्कालीन श्री ५ को सरकार, प्राकृ तिक तथा सांस्कृ तिक सम्पदा संरक्षण परिषद्ले
गरेको गोदावरी क्षेत्र वातावरणीय अवस्था बारे छानविन प्रतिवेदन, २०४९ को पृष्ठ १४-१६ मा यस
क्षेत्रको प्राकृ तिक सम्पदा, वनसम्पदा र जलसम्पदाका बारेमा देहायबमोजिम उल्लेख गरिएको रहेछः
गोदावरी क्षेत्रका प्राकृ तिक सम्पदाहरू
क्षेत्रफलको दृष्टिकोणले सानो भए पनि गोदावरी क्षेत्र जैविक अध्ययन अनुसन्धानका लागि
अनुसन्धानस्थल, नेपाल आउने विशिष्ठ पाहुनाहरूको लागि वृक्षरोपण स्थल, नेपालको सबभन्दा
पुरानो एक मात्र वनस्पति उद्यान स्थलका साथै काठमाडौं उपत्यकाको रमणीय दृश्यवलोकनका
लागि उपयोग गर्न सकिने सबैभन्दा अग्लो डाँडाका रूपमा रहेको फू लचोकी डाँडाको अवस्थितिले
गर्दा अत्यन्त महत्त्वपूर्ण मानिएको छ ।
वन सम्पदा
फू लचोकी वन ५० वर्ग किलोमिटर क्षेत्रमा फै लिएको छ । यही बनको उत्तरपश्चिम कु नामा रहेको
गोदावरी वनका नामले प्रख्यात वनको आफ्नै धार्मिक, ऐतिहासिक तथा प्राकृ तिक महत्त्व छ ।
भौगोलिक, भौगर्भिक स्थिति आदिका कारणले, पाँच हजारदेखि नौ हजार फिटको उचाईमा रहेको
यस क्षेत्रमा ५७१ प्रजातिका फू ल फु ल्ने रूख, घाँस जातिका १५ प्रजाति पाइन्छन् । यहाँको
माथिल्लो भागमा खस्रु, कटुस, अँगेरी, बाँज, काफल इत्यादि वोट विरूवा पाइन्छन् भने तल्लो
भागमा ओखर, लप्सी, झिङ् गाने, चिलौने, पैयुँ आदि पाइन्छन् । यस क्षेत्रमा राष्ट्रिय फू ल
लालिगुँरासको एउटै प्रजातिको बोटमा रातो, गुलावी र सेतो गरी तीनवटा रङ् गका फू ल भेटिएकोले
यो क्षेत्र अनुसन्धानका लागि पनि महत्त्वपूर्ण मानिएको छ । सुनगाभा र घाँस जातिका विरूवाले पनि
यो क्षेत्र निकै धनी छ ।
यहाँ तीन सय जति विभिन्न प्रजातिका पुतली, २५४ प्रजातिका चराहरू बसोवास
गर्दछन् । यी मध्ये के ही पुतली र चराहरू दुर्लभ र संवेदनशील हुनाले यिनीहरूको संरक्षणको काम
अझ महत्त्वपूर्ण हुन्छ । यहाँ पाइने जनावरहरूमा रतुवा मृग, चित्तल, दुम्सी, वन विरालो आदि
पर्दछन् ।
यसबाहेक यस क्षेत्रमा विश्वकै लागि नयाँ वनस्पति र कीटपतङ् ग अहिले पनि पत्ता लाग्दै गरेको कु रा
विशेषज्ञहरू बताउँदछन् । यस क्षेत्रमा भइरहेका क्रियाकलापले गर्दा कतिपय जनावर, चराचुरूङ् गी,
कीटपतङ् ग तथा वनस्पति लोप भइसके को विश्वास गरिए पनि उचित संरक्षण तथा व्यवस्थापन
भएमा तिनीहरूको पुनरूत्थान हुन सक्ने कु रामा धेरै वैज्ञानिकहरू विश्वस्त भएको बुझिन्छ ।
वास्तवमा फू लचोकी वन जंगल सानै भए पनि यसलाई प्राकृ तिक सौन्दर्यले पूर्ण, प्राणी तथा
वनस्पतिको जीवित संग्राहलय मान्न
सकिन्छ । यस क्षेत्रको विनाशलाई प्राकृ तिक सम्पदाको ठूलो भण्डारको क्षतिको संज्ञा दिन सकिन्छ
। त्यस्तै सो पत्रमा गोदावरी क्षेत्रको वन सम्पदार जैविक विविधताको वारेमा अगाडि भनिएको छः
जल सम्पदा
गोदावरी-फू लचोकी क्षेत्र प्राणी र वनस्पतिका दृष्टिकोणले मात्र होइन जल सम्पदाका दृष्टिकोणले
पनि धनी छ । अपार जलस्रोतका लागि प्रख्यात पाँच धारा र नौ धारा वरिपरिका क्षेत्रलाई सन्
१९५० को दशकको सुरूमा गोदावरी स्कू ल स्थापना भएका बखत गोदावरी कु ण्ड भनी नामाकरण
गरिएको थियो ।
गोदावरी स्कू लले राख्दै आएको तथ्याङ् कअनुसार औषत वार्षिक २००० मि.मि. वर्षा हुने गरेको छ
। गोदावरीलाई उपत्यकाको दक्षिणी भेगमा सबभन्दा बढी वर्षा हुने क्षेत्र मानिन्छ । यस वर्षाले
यहाँका मूलहरूको वहाव कायम राख्न टेवा पुर्‍याउँदै आएका छन् ।
८०. उक्त अध्ययन प्रतिवेदन साथ संलग्न International Council for Bird Preservation
का प्रेसिडण्ट Russell W Peterson ले नेपालका प्रधानमन्त्रीलाई सम्बोधन गरी लेखेको जुलाई
१९८८ को पत्रमा International Council for Bird Preservation को प्राविधिक अध्ययन
प्रतिवेदनमा प्रकाशित भएको विषयको आधारमा गोदावरी क्षेत्रमा रहेका चराहरूको महत्त्वका
सम्बन्धमा देहायबमोजिम उल्लेख भएको देखिन्छः
As many as 256 bird species have been found there. Among the 155 breeding
birds there are 34 with internationally significant populations in Nepal and 17
which are at risk in the country. Phulchowki is also of considerable importance
for wintering and passage migrant birds. There are 23 winter visitors which
have internationally significant breeding populations in Nepal and three are
threatened species winter on the mountain.
Phulchowki’s forests are famous throughout the world for the verity of their
plants and animals. Numerous animal species, particularly insects, previously
unknown to scence, have been discovered there in recent years. The forests are
also of great importance for their flora and are rich in plant species which are
endemic of endangered in Nepal.
The subtropical forest on Phulchowki’s lower slopes is an especially valuable
part of Nepal’s heritage. Forests of this type … once covered much of central
and eastern Nepal, but now virtually all have been converted to agriculture or
cut for firewood or animal fodder. None are protected, which is a serious from
Nepal’s present protected area system, and the forest on Phlchowki is one of
the last examples of this forest type left in Nepal.
८१. त्यस्तै पछिल्लो समयमा वन मन्त्रालयबाट गराइएको फू लचोकी-चन्द्रागिरी संरक्षित क्षेत्र
घोषणा गर्नेसम्बन्धी प्रतिवेदन, २०६२ को पृष्ठ १४ मा यस क्षेत्रको जैविक विविधताका सम्बन्धमा
देहायबमोजिम उल्लेख गरेको पाइयोः
यो क्षेत्र जैविक विविधताको दृष्टिले अत्यन्तै महत्त्वपूर्ण र भरिपूर्ण छ । यस फू लचोकी चन्द्रागिरी
क्षेत्रमा १९ किसिमका स्तनधारी जन्तुहरू रहेका छन् । तिनीहरूको प्राकृ तिक अवस्थामा नै संरक्षण
र व्यवस्थापन हुनुपर्ने देखिन्छ । साना स्तनधारी जनावरहरूको जीवन प्रणाली अत्यन्तै संवेदनशील
हुने हुनाले तिनीहरूलाई पछिसम्म जोगाई राख्न जंगली अवस्थामा मानवीय र अन्य बाह्य
प्रभावबाट जोगाउनु जरूरत पर्दछ । चार प्रकारका रैथाने (endemic) र ९९ प्रजातिका लोपोन्मूख
तथा संकटापन्न अवस्थामा पुगेका वनस्पतिका (Rare and threatened) प्रजातिहरू मध्ये ९२
प्रजातिका चराहरू वनमाथि नै निर्भर रहने तथा अन्तराष्ट्रिय स्तरमै महत्त्वपूर्ण मानिएका ३५
प्रजातिका चराहरू यस क्षेत्रमा बच्चा काढ्ने गर्दछन् । दुर्लभ Golden Emperor र Kaiset-I-
Hind प्रजातिलगायत धेरै किसिमका पुतलीहरू र अन्य विभिन्न किसिमका जीव जीवात्माहरू
पाइने यो क्षेत्र जैविक विविधताको दृष्टिले अति महत्त्वूर्ण छ ।
८२. सोही प्रतिवेदनको पृष्ठ १५ मा चरा संरक्षणसम्बन्धी अन्तराष्ट्रिय संस्थाले गरेको अध्ययन
प्रतिवेदन उद्धृत गर्दै देहायबमोजिम उल्लेख भएको देखिन्छः
चरा संरक्षणको दृष्टिकोणबाट फू लचोकी वन क्षेत्रको महत्त्व (BCN, 2005)
काठमाडौंबाट १६ कि.मि. दक्षिणपूर्वमा पर्ने फू लचोकी पहाडी वन काठमाडौं उपत्यकाको
किनाराको सबैभन्दा अग्लो चुचुरो मात्रै नभएर नेपालको अति महत्त्वपूर्ण चराहरूको क्षेत्र
(Important Bird Area) पनि हो । यो फू लचोकी क्षेत्र संसारमै लोप हुने अवस्थामा पुगेका
(Globally Threatened) र निश्चित क्षेत्रमा मात्रै घुमफिर गर्ने (Restricted-Range) चराका
प्रजातिहरूको महत्त्वपूर्ण वासस्थान हो । हालसम्म यस क्षेत्रमा २९७ चराका प्रजातिहरू रेकर्ड
गरिएका छन् । यस क्षेत्रको Broadleaved Temperate Forest ले Sino-Himalyan
Temperate Forest Boime मा पाइने महत्त्वपूर्ण प्रजातिहरूको उल्लेख्य संख्या (Significant
Populations) लाई वासस्थान प्रदान गरेको छ । यो क्षेत्र नेपालमा मात्र पाइने अति महत्त्वपूर्ण चरा
काँडेभ्याकु र (Spiny Babbler, Turdoies nepalensis) को वासस्थान हो ।
८३. उक्त अध्ययनले फू लचोकी गोदावरी क्षेत्रसमेतको महत्त्व र जैविक विविधता बारेमा उल्लेख
गर्दै यसलाई संरक्षितक्षेत्र घोषणा गर्न सिफारिस गरेको देखिन्छ । सो अध्ययन प्रतिवेदनको पृष्ठ १६
मा पर्या-पर्यटन उपशिर्षकअन्तर्गत देहायबमोजिम उल्लेख भएको देखियोः
सबैभन्दा धेरै जनघनत्व र जनसंख्या भएको राजधनी शहर काठमाडौंबाट नजिकमा पर्ने यस क्षेत्रलाई
संरक्षितक्षेत्र बनाएमा राष्ट्रको एक आर्थिक विकासको मूल श्रोत मानिएको पर्या-पर्यटनको विकास
गरी विदेशी मुद्रा आर्जन गर्न यो क्षेत्र महत्त्वपूर्ण हुनसक्छ । यसको जैविक विविधतालगायतका
महत्त्वहरूले गर्दा आकर्षक पर्यटकीय स्थलको रूपमा परिणत गर्न सके मा यस क्षेत्रमा बस्ने
मानिसहरूको रोजगारी र आय आर्जन वृद्धिमा ठूलो टेवा मिल्ने देखिन्छ ।
फू लचोकी डाँडालाई अन्तरार्ष्ट्रियरूपले बढी महत्त्वपूर्ण चरा अवलोकन क्षेत्र र वनस्पति उद्यान
मानिएको छ । काठमाडौं उपत्यकाको सबैभन्दा उच्च यस ठाउँबाट सगरमाथा सहित अन्य सेता
हिम श्रृंखलाहरू (Snow Capped Mountains) देख्न सकिनुका साथै नेपालको राष्ट्रिय फू ल
गुराँसलगायतका विविध प्रकारका फू लहरूको अवलोकन गरी भरपुर मनोरञ्जन प्राप्त गर्न
सकिन्छ । धार्मिक दृष्टिलेसमेत अति महत्त्वपूर्ण यो फू लले ढाकिएको डाँडामा (Flower covered
hill) पर्यटन विकासको प्रशस्त संभावनाहरू देखिन्छन् । गोदावरी क्षेत्रमा रहेका गोदावरी कु ण्ड,
शाही वनस्पति उद्यान, मत्यस्यविकास के न्द्र गोदावरी नदी आदि थप थप पर्यटकीय आकर्षणहरू
हुन् ।
८४. यसप्रकार सरकारी तवरबाटै २०४५ साल देखि २०६२ सालसम्म करिब सत्र वर्षभित्र विभिन्न
अन्तरालमा गराइएका उपरोक्त अध्ययन अनुसन्धानहरूबाट गोदावरी क्षेत्रको धार्मिक,
सांस्कृ तिकका अलावा पर्यावरणीय र जैविक विविधतासम्बन्धी महत्त्वपूर्ण तथ्यहरू उजागर भैरहेको
पाइन्छ ।
८५. गोदावरी क्षेत्रको शीरमा रहेको फू लचोकी डाँडा काठमाडौंमा मनसुन प्रवेश हुने सबैभन्दा अग्लो
डाँडा र हिउँद याममा हिमपातसमेत हुने तथा मनोरम दृश्यावलोकन स्थल हो भन्ने देखिन्छ । सोही
डाँडाको तल गोदावरी वन रहेको भन्ने देखिन्छ । सो क्षेत्रको वनलाई विश्वबाटै लोप हुन लागेका
विभिन्न प्रजातिका रूख, विरूवा र घाँसजन्य वनस्पतिको लागि अध्ययन अनुसन्धानको के न्द्रको
रूपमा मानिएको पाइन्छ । त्यस्तै उक्त क्षेत्रमा पाइने काँडे भ्याकु रलगायतका चराहरू नेपालमा मात्र
पाइने लोपोन्मूख प्रजातिका भई संरक्षणको पर्खाइमा रहेको भन्ने विदेशी विज्ञसमेत संलग्न भई
गरिएका अध्ययन प्रतिवेदनहरूबाट देखिएको छ । यसका अतिरिक्त उक्त क्षेत्र पुतली तथा अन्य स-
साना स्तनधारी जीवजन्तुको लागिसमेत प्रशिद्ध रहेको पाइन्छ । गोदावरीको तल्लो भेगमा प्रशस्त
पानीका मुहान, प्रख्यात पाँच धारा तथा नौ धारा रहेको भन्ने देखिन्छ । गोदावरी पुष्प उद्यान, मत्य
विकास के न्द्र र नेशनल हार्वोरियम रहेको सो क्षेत्र सीमसारक्षेत्रको रूपमा समेत रहेको देखिन्छ ।
८६. त्यस वरिपरिका क्षेत्रलाई गोदावरीकु ण्ड नामाकरणसमेत गरिएको र बाह्रवर्षे धार्मिक गोदावरी
मेलासमेत लाग्ने गरेको पाइयो । विभिन्न देवी देवताका मठ मन्दिर, गुम्बा अवस्थित भई धार्मिक
तथा सांस्कृ तिक दृष्टिकोणबाटसमेत महत्त्वपूर्ण रहेको उक्त स्थानलाई विशेष संरक्षण गरिनु पर्ने भनी
नेपाल सरकार तथा युनेस्कोको अध्ययन प्रतिवेदनहरूमा समेत सिफारिस गरिएको देखिन्छ ।
८७. सारमा, महाभारत पहाड श्रृंखलाको करिब १५१५ मिटरदेखि २७१५ मिटर उचाइसम्म रहेको
यो क्षेत्र जलवायु, जैविक विविधता, भौगोलिक अवस्थिति र भौगर्भिक अवस्था, पारिस्थिकीय
प्रणालीसमेतका कारणले जीव विज्ञानको जीवित संग्राहलयको रूपमा अवस्थित रहेको देखियो ।
घना आवादी भएको काठमाडौं उपत्यकाको लागि स्वच्छ पानी र वायुको स्रोतका रूपमा रहेको यस
क्षेत्रमा रहेका वनस्पति उद्यान र पार्क मा शहरको धुँवा, धुलो र ध्वनी प्रदूषणबाट राहत लिन
मानिसहरू विदाका दिन विश्राम र घुमफिरका लागि जाने गरेको पनि पाइयो । उपत्यका नजिकै को
खुला, जैविक विविधताले भरिपूर्ण र प्राकृ तिकरूपमा ज्यादै मनोरम तथा सुन्दर गोदावरी क्षेत्रको
महत्त्वका सम्बन्धमा थप विश्लेषण गरिरहन आवश्यक देखिएन ।
जैविक विविधतालगायतका दृष्टिकोणबाट महत्त्वपूर्ण उक्त क्षेत्रमा विपक्षी गोदावरी मार्वल्स
उद्योगको सञ्चालनबाट प्रतिकू ल असर परे नपरेको सम्बन्धमासमेत विश्लेषण हुन वाञ्छनीय
देखियो ।
८८. रिट निवेदनमा गोदावरी मार्वल उद्योगको सञ्चालनबाट बन विनाश हुनुको साथै, मार्वलभन्दा
पनि व्यापकरूपमा रोडा ढुंगाको उत्खनन् र कारोवार हुने गरेको, विस्फोटनका कारणबाट त्यस
क्षेत्रमा रहेका दुर्लभ वनस्पति, जंगली जनावर, पुतली तथा चराचुरूङ् गीसमेतको जैविक विविधता
नष्ट भएको, भू-क्षय र पानीका मुहानहरू प्रदूषित भएको, स्थानीय वासिन्दा, विद्यालय र अन्य
अनुसन्धान के न्द्रहरूलाई असर परेको आदि विषयहरू प्रमुखरूपमा उठाएको देखिन्छ ।
८९. विपक्षी गोदावरी मार्वल उद्योगको लिखित जवाफ तथा सोतर्फ का विद्वान्‌कानून
व्यवसायीहरूले बहसको क्रममा गोदावरी क्षेत्रको वातावरणमा प्रतिकू ल प्रभाव पर्ने कु नै कार्य
उद्योगका तर्फ बाट नगरिएको, सो क्षेत्रको वातावरण संरक्षणका लागि वृक्षारोपणलगायतका Long
term, Short terms कार्यक्रमहरू सञ्चालन गरिआएको, ISO १४००१ को प्रमाणपत्र प्राप्त गर्ने
प्रक्रिया अगाडि बढाइएको, ६०० जनालाई प्रत्यक्ष रोजगारी दिएको, भू-सतहमा बिचलन ल्याउने,
वन्यजन्तु लोप हुने, पानी प्रदूषित गर्ने, ध्वनी प्रदूषण, जल प्रवाह परिवर्तन गर्ने, सांस्कृ तिक र
पुरातात्विक विषयवस्तुलाई क्षति पुग्ने कार्य नगरेको र वातावरण संरक्षण र सम्बर्द्धन कार्यक्रम
सञ्चालन गरेपछि जंगलको साथसाथै जंगली जीवजन्तुको संख्यामा समेत उल्लेखनीयरूपमा वृद्धि
भएको भन्नेसमेत जिकिर लिएको पाइन्छ ।
९०. निवेदक र विपक्षीहरूको उपरोक्त परस्पर विरोधाभाषपूर्ण दाबी जिकिरका सम्बन्धमा स्पष्ट
हुनको निमित्त फू लचोकी गोदावरी क्षेत्रको पर्यावरण र जैविक विविधतासमेतका सम्बन्धमा भएका
उपरोक्त अध्ययन प्रतिवेदनहरू नै के लाउनु वाञ्छनीय हुन्छ ।
९१. तत्कालीन श्री ५ को सरकार, वन तथा भू-संरक्षण मन्त्रालय भू-तथा जलाधार संरक्षण
विभागले २०४५ सालमा गराएको माथि उल्लिखित गोदावरी क्षेत्रको वातावरणीय सिंहावलोकन,
२०४५ को निष्कर्ष र सुझाव खण्डमा अन्य कु राका अतिरिक्त यस क्षेत्रको जैविक विविधता र
पर्यावरणमा गोदावरी मार्वल उद्योगले पारेको प्रतिकू ल असरका बारेमा देहायबमोजिम
बूँदागतरूपमा उल्लेख भएको देखियोः
(१) गोदावरी क्षेत्रको प्राकृ तिक वातावरणमा वन विनास र गोदावरी मार्वल उद्योगको कारणबाट
प्रतिकू ल प्रभाव परेकोले त्यँहा पाइने वन्यजन्तु लोप हुन सक्ने, महत्त्वपूर्ण तथा दुर्लभ वनस्पतिहरू
लोप हुन सक्ने र सम्पूर्ण पारिस्थितिक प्रणालीमा आघात पुग्न सक्ने देखिन्छ ।
(२) गोदावरी मार्वल उद्योगको विस्तारीकरणबाट विशेषतः भू-दृश्य तथा गोदावरीको सौन्दर्यमा मात्र
आघात नपरी त्यहाँको प्राकृ तिक वातावरणको सम्बन्धमासमेत प्रतिकू ल प्रभाव परेको देखिन्छ ।
(३) मध्य पहाडी भेगको प्रतिनिधित्व गर्ने यस गोदावरी क्षेत्रको पारिस्थितिक प्रणाली सन्तुलन गर्न
विकास निर्माणका कार्यहरू बन्द गरी संरक्षितक्षेत्रको रूपमा विकास गरिनु उपयुक्त हुन्छ ।
९२. वातावरण संरक्षण सम्बन्धमा वर्तमान समयमा जस्तो सोच विकास नभइसके को, संवैधानिक र
कानूनी व्यवस्थाहरू नगरिएको तथा अन्तर्राष्ट्रियरूपमा समेत वातावरण प्रति खासै चासो
नदेखाइएको अवस्थामा नेपालको वन मन्त्रालयअन्तर्गत गराइएको सो अध्ययन प्रतिवेदनमा
औंल्याइएका विषयहरूले जैविक विविधता र वातावरण संरक्षणप्रति महत्त्वपूर्ण र भविष्यके न्द्रित
दृष्टिकोण राखेको स्पष्ट हुन्छ । उक्त प्रतिवेदनमा गोदावरी मार्वल उद्योगको सञ्चालनबाट त्यस
क्षेत्रको जैविक विविधता, प्राकृ तिक सौन्दर्यता र समग्र इको-सिस्टममा प्रतिकू ल असर परेको ठोस र
वस्तुनिष्ट आधारसहित भौतिक विकास निर्माण कार्यहरू बन्द गरी संरक्षितक्षेत्रको रूपमा विकास
गर्न उपयुक्त हुने राय दिएको देखियो । कु नै विवाद नभएको समयमा जिम्मेवार निकायबाट स्वतन्त्र
ढंगबाट भएको उक्त अध्ययन प्रतिवेदनमा औंल्याइएका विषयहरूलाई नजर अन्दाज गरिहाल्नु पर्ने
कु नै कारण देखिन्न ।
९३. यसैगरी तत्कालीन श्री ५ को सरकार राष्ट्रिय योजना आयोगको प्राकृ तिक तथा सांस्कृ तिक
सम्पदा संरक्षण परिषद्‌द्वारा गरिएको गोदावरी क्षेत्र वातावरणीय अवस्थाबारे छानबिन प्रतिवेदन,
२०४९ मा समेत गोदावरी मार्वल उद्योग सञ्चालनबाट वन, पर्यटन, कृ षि तथा पशुपालन,
जलस्रोतसमेतमा असर परेको कु रा उल्लेख भएको देखिन्छ । गोदावरी मार्वल उद्योगलले
वातावरणमा पारेको असरका वारेमा विश्लेषणसहित उद्योग बन्द गर्नुपर्ने भनी छानविन कार्यदलका
बहुमत सदस्यहरूले राय व्यक्त गरेको देखिन्छ । सो प्रतिवेदनको बहुमतको रायमा अन्य कु राका
अतिरिक्त देहायको विषय औंल्याइएको पाइयोः–
गोदावरी मार्वल उद्योगले यस क्षेत्रको करिब १०० हेक्टर जङ् गलमा प्रत्यक्ष असर पार्दै आएको छ ।
ढुङ् गा, मार्वल उत्खनन् तथा रोडा बनाउने, मार्वल तयार गर्ने आदि क्रियाकलापबाट उत्पन्न बाढी
तथा पहिरोका कारण नदीका कमाण्ड क्षेत्रका जनताहरूको धान बालीमा मात्र वार्षिक बत्तीस लाख
रूपैयाँ बराबरको बाली विनास हुँदै आएको छ । त्यहाँको भौगोलिक स्थिति हेर्दा जे जस्ता प्रयास
गरे पनि खानीबाट रातोमाटो बग्ने प्रक्रिया रोक्न सम्भव छैन । गोदावरी क्षेत्र वनस्तपति, जनावर,
पन्छी र पुतलीहरूको दृष्टिकोणबाट पनि अत्यन्त संवेदनशील छ । त्यहाँ गरिने विस्फोट आदिका
कारणले अमूल्य पुतली तथा दुर्लभ चराहरू सदाका लागि लोप हुने स्थिति छ । खानी
सञ्चालनबाट त्यहाँको सुन्दरता गुमेको मात्र होइन त्यो क्षेत्र कु रूप बन्न पुगेको छ । प्राकृ तिक
सम्पदाको विनाश भएर देश र नेपाली जनताले करोडौं गुमाउनु परिरहेको अवस्थामा चारसय
मजदुरलाई रोजगारी दिएको र सरकारलाई वार्षिक करिब बाईस लाख रूपैयाँ राजश्व बुझाउने तर्क
दिई खानीलाई यथावत सञ्चालन गर्न दिएमा स्थानीय जनताले ठूलो मूल्य चुकाउनु पर्ने हुन्छ । साथै
गोदावरी मार्वल उद्योगको गतिविधिलाई नरोकी गरिने संरक्षणका कार्यक्रम दिशाहीन मात्र हुँदैन
विश्वास श्रृजना गर्ने पनि हुन सक्दैनन् । तसर्थ गोदावरी मार्वल उद्योग तुरून्त बन्द गर्नुपर्ने देखिन्छ ।
गोदावरी क्षेत्रको मार्वल डिपोजिट उच्च कोटीको नभएको, राम्रो स्लाव ननिस्कने, बिचबिचमा
ढुङ् गा निस्कने र ब्लकहरू चिरा पर्ने र मार्बल झिक्दा थुप्रै माटो र ढुङ् गा निरन्तर हटाउनु पर्ने भई
खानीक्षेत्र बढाइँदै जानुपर्ने कु राहरू खानीसम्बन्धी प्रतिवेदनमा पाइन्छन् । त्यसकारण रोडा ढुङ् गाको
व्यापार विना उक्त उद्योग सञ्चालन हुन नसक्ने देखिन्छ । उद्योगीले देखाएको परिमाणभन्दा धेरै बढी
रोडा ढुङ् गाको व्यापार त्यहाँ भइरहेको पनि आशंका छ । भौगर्भिक प्रतिवेदनहरूले पनि खानी
विस्तार गर्दा उत्तरतिर उत्खनन् गर्दै लानुपर्ने देखाएका छन् । यसबाट सो उद्योगको विकासमा रोडा
ढुङ् गा व्यापार निरन्तर हुने अवश्यम्भावी छ । त्यसैले यो उद्योगलाई बढी ढुङ् गा खानीको रूपमा
लिइनु पर्ने देखिन्छ । यस आधारमा पनि सो खानी चल्न दिनु वाञ्छनीय छैन ।
९४. उक्त रायमा विपक्षी गोदावरी मार्वल उद्योगले त्यस क्षेत्रको पर्यावरणमा पारेको प्रतिकू ल
असरका सम्बन्धमा स्पष्टरूपमा औंल्याइएको पाइयो । खास गरी उद्योग सञ्चालनको कारणबाट
त्यसक्षेत्रका दुर्लभ वनस्पति, चराचुरूङ् गी, पुतलीलगायतको जैविक विविधता मात्र नष्ट हुँदै गएको
नभई प्राकृ तिक सौन्दर्यता नै गुम्दै गएको र कु रूप भएको भन्ने विषय मननीय रहेको देखिन्छ । साथै
त्यस क्षेत्रको भौगोलिक अवस्थाका कारण जस्तासुकै सुधारका उपाय गर्दासमेत रातोमाटो बग्न
नरोकिने भन्ने कु रा पनि उल्लेख भएको पाइन्छ । मार्वलको भण्डारण र गुणस्तर दुवै राम्रो नभएको र
मार्वलभन्दा पनि बढी मात्रामा ढुंङ् गा उत्खन्न गरिएको हुँदा उद्योगलाई मार्वल उद्योगभन्दा पनि
ढुंङ् गा उद्योगका रूपमा लिनुपर्ने भन्ने प्रतिवेदनमा औंल्याइएको देखिन्छ । यसबाट मार्वल उद्योगका
रूपमा विपक्षी उद्योगको उपादेयता खासै देखिन्न । साथै विपक्षी उद्योगले के ही व्यक्तिलाई दिएको
रोजगार र राज्यलाई बुझाएको राजश्वभन्दा कै यौं गुणा पर्यावरणमा क्षति पुगेको भन्ने प्रतिवेदनको
अंशले विकास र वातावरणबिच सन्तुलन कायम हुन सके को भन्ने पनि देखिँदैन ।
९५. उक्त अध्ययन प्रतिवेदन साथ संलग्न International Council for Bird Preservation
का प्रेसिडण्ट Russelll W Peterson ले नेपालका प्रधानमन्त्रीलाई सम्बोधन गरी लेखेको जुलाई
१९८८ को पत्रमा International Council for Bird Preservation को प्राविधिक अध्ययन
प्रतिवेदनमा प्रकाशित भएको विषयको आधारमा फू लचोकीको तल्लो भाग अर्थात गोदावरी क्षेत्रमा
भइरहेको निरन्तर उत्खननको असरबारे यसरी उल्लेख गरिएको पाइन्छः
The continued quarrying on the lower slopes is major threat, especially to the
vitally important subtropical forest, and this really should be stopped
immediately.
९६. Carolo lanskipp and Tim Lanskipp ले International Council for Bird
Preservation, UK को लागि गरेको Conservation Project for Phulchoki Mountion,
Nepal विषयक अध्ययन प्रतिवेदनको पृष्ठ ७४ मा देहायबमोजिम उल्लेख भएको देखिन्छः
If Phulchowki’s forests and their wildlife are to continue to survive, action
must come soon; the quarries must be closed and Phulchowki designated a
protected area. At the present rate of destruction, the stage will be reached in
the foreseeable future where many species will disappear. Even if the trees
were to recover some of the forest inhabitants would take many years to
recolonize and other would never do so.
९७. वस्तुतः अदालत स्वयंले सबै विधा र विषयहरूमा विषयगत विशेषज्ञता राख्न सम्भव
हुँदैन । त्यसैले कतिपय प्राविधिक विषयहरूमा सम्बन्धित विषयका विज्ञहरूको भनाईमा अदालतले
भर गर्नुपर्ने हुन्छ । तर त्यस्ता प्रतिवेदनहरू अन्यथा प्रमाणित नभएसम्म मात्र विश्वसनीय हुने गर्दछन् ।
रिट निवेदनमा आधार लिइएको उक्त अध्ययन प्रतिवेदनमा अभिव्यक्त गरेको राय अन्यथा हो वा
निजहरूको उद्योगप्रति यो यस्तो पूर्वाग्रह रहेको थियो भनी विपक्षी उद्योगको लिखितजवाफमा
विश्वसनीय आधारसहित खण्डन गर्न सके को पाइँदैन । राष्ट्रियदेखि अन्तर्राष्ट्रिय विज्ञहरू संलग्न भई
फरक निकायबाट फरकफरक समयमा गराइएको अध्ययनबाट २०४५ सालमा भएको अध्ययनको
निष्कर्षलाई नै पुनः पुष्टि गरेको पनि देखिन्छ । त्यसैले कु नै विवाद नभएको समयमा स्वतन्त्ररूपमा
गरिएको उक्त अध्ययन प्रतिवेदनमा उल्लेख गरिएका विषयहरू वैज्ञानिक, यथार्थपरक र वस्तुपरक नै
भएको अनुमान अदालतले गर्नुपर्ने हुन्छ ।
९८. यसका अतिरिक्त तत्कालीन प्रतिनिधि सभा, सार्वजनिक लेखा समितिद्वारा तयार पारिएको
स्थलगत अध्ययनसम्बन्धी प्रतिवेदन, २०५० मा पनि गोदावरी मार्वल उद्योग सञ्चालनबाट त्यस
क्षेत्रमा परेको नकारात्मक असरका बारेमा चर्चा गरिएको पाइन्छ । उक्त प्रतिवेदनमा स्थानीय
वासिन्दाहरूको छलफलमा आधारित भई देहायका विषयहरू औंल्याइएको देखियोः
गोदावरी क्षेत्र जैविक विविधताका दृष्टिकोणले अत्यन्त महत्त्वपूर्णक्षेत्र रहेको छ । धेरै जातका
वनस्पति, चरा चुरूङ् गी, पुतली र फू लहरू एकै ठाउँमा धेरै पाइने, यस क्षेत्रमा मानव अतिक्रमणबाट
पुगेको क्षति र मार्वल उद्योगलगायतका अन्य उद्योगबाट भएको वातावरण प्रदूषणका बारेमा व्यापक
जनगुनासो रहेकाले उपसमितिले स्थानीय वासिन्दा जनप्रतिनिधिहरू वातावरण संरक्षणसँग
सम्बन्धित संघ संस्थाका प्रतिनिधिहरू वनस्पति उद्यानका र स्कू लका प्रतिनिधिसँग छलफल गरेको
थियो ।
छलफलका क्रममा मार्वल उद्योगको खानीबाट धुलो उडेको, धुलोले हावा र वनस्पति प्रदूषित
गरेको, गोदावरी मार्वल उद्योगलगायत अन्य अनेकौं कारणबाट गोदावरी फू लचोकी क्षेत्रमै वन
विनास भएको, त्यस क्षेत्रमा पाइने वनस्पति, चराचुरूङ् गी, पुतली र फू लहरू विनाश हुँदै गएको,
उद्योग क्षेत्रमा हुने व्लाष्टिङ् गले आसपासमा असर परेको, खानी क्षेत्रबाट बगेको रातो माटो खेतमा
जाने र यसबाट उत्पादनमा ह्रास आएको जस्ता कु राहरू उठाएका थिए ।
९९. स्थानीय वासिन्दाले गोदावरी मार्वलको कारण आफ्नो बसोबास र वरिपरिको वातावरणमा
परेको प्रतिकू ल असरका सम्बन्धमा आफू ले प्रत्यक्षरूपमा देखे भोगेको पीडालाई जनप्रतिनिधिहरू
समक्ष व्यक्त गरिएको उक्त भनाईलाई गम्भिरतापूर्वक लिनुपर्ने हुन्छ । यसबाट उद्योगले सिर्जिना
गरेको रोजगारीबाट स्थानीय जनता लाभान्वित भइरहेको र उनीहरूको उद्योगप्रति सकारात्मक
दृष्टिकोण रहेको भन्ने विपक्षी गोदावरी मार्वल उद्योगको लिखित जवाफ विश्वसनीय देखिँदैन ।
साथै सोही प्रतिवेदनमा गोदावरी मार्वलले मार्वलभन्दा पनि ढुङ् गाको उत्पादन बढी गर्ने गरेको
विषयलाई देहाय अनुरूप औंल्याइएको पाइयो
मार्वल उत्पादन गर्ने उद्योगको रूपमा दर्ता भएको उद्योगले मार्वल भन्दा रोडा ढुङ् गा बढी उत्पादन
गरेको र त्यस सम्बन्धमा सम्बन्धित निकाय चुप लागेको र राजश्वसमेत असूल नगरेको भन्ने
सम्बन्धमा हेर्दा उद्योगले दिएको विवरणबाट पनि सो कु रा प्रष्ट हुन आउँछ । त्यस सम्बन्धमा विचार
गर्दा नेपाल अधिराज्य भरमा रोडा ढुङ् गा र गिट्टी उत्पादनमा कर लगाउने कानून नभएको स्थिति
देखिन्छ । समयमा महालेखा परीक्षकले जानकारी गराउँदा सम्बन्धित मन्त्रालयले कानून निर्माण गर्ने
कु रामा तदारूखता देखाएको छैन । यसरी देशको प्राकृ तिक श्रोतको उपयोग हुने तर राष्ट्रले
यसबापत कु नै आम्दानी नगर्ने र व्यक्ति मात्र लाभान्वित हुने अवस्था अव्यवहारिक भएको हुँदा यस
सम्बन्धमा तुरून्तै समायानुकू ल हुने गरी खानीजन्य उद्योगको उत्पादनलाई प्रमुख उत्पादन र
सहउत्पादनमा वर्गीकरण गर्न तथा सहउत्पादनमा समेत आवश्यकताअनुरूप राजश्व लगाउन सकिने
नियम कानूनहरूको व्यवस्था गरी समयानुकू ल बनाई राजश्व लिने व्यवस्था हुन अति जरूरी देखिन्छ
।
१००. उपरोक्त अध्ययन प्रतिवेदनको निष्कर्षबाट विपक्षी उद्योगले मार्वलभन्दा पनि बढी ढुङ् गा,
रोडाको कारोवार गर्ने गरेको र राजश्वसमेत छल्ने गरेको भन्ने निवेदकहरूको भनाई सत्यतामा
आधारित रहेको मान्नु पर्ने हुन्छ । व्यक्ति विशेषको आर्थिक लाभका लागि मार्वलका आडमा रोडा
ढुंगा उत्पादन गर्ने छु ट दिई महत्त्वपूर्ण प्राकृ तिक सम्पदा खतरामा पार्न दिइएको हो भने त्यो उचित हुन
सक्दैन ।
१०१. उपरोक्त अध्ययन प्रतिवेदनहरूका सम्बन्धमा निवेदक सूर्यप्रसाद शर्मा ढुंगेल विरूद्ध गोदावरी
मार्वल इन्डष्ट्रिजसमेत विपक्षी भएको (ने.का.प. स्वर्ण शुभजन्मोत्शव विशेषांङ् क २०५२ पृष्ठ
१६९) रिट निवेदनमा यस अदालतको विशेष इजलासबाट यसअघि पनि विवेचना भइसके को
देखिन्छ । यस अदालतबाट सुधारका उपायहरू अवलम्बन गरी वातावरणमा परेको असरलाई
रोकथाम गर्न निर्देशन भएकोमा उक्त आदेश भएको करिब दश वर्षपछि नेपाल सरकार वन
मन्त्रालयबाट २०६२ सालमा फू लचोकी-चन्द्रगिरी क्षेत्रलाई संरक्षितक्षेत्र घोषणा गर्ने सम्बन्धमा पुनः
अध्ययन भएको
देखिन्छ । उक्त फू लचोकी चन्द्रागिरी संरक्षितक्षेत्र घोषणा गर्नेसम्बन्धी प्रतिवेदन, २०६२ मा यस
क्षेत्रको संरक्षणका सम्बन्धमा देहायबमोजिमको विश्लेषण भएको देखिन्छः
अति महत्त्वपूर्ण अलौकिक जैविक विविधता, भू-दृष्य र वातावरणको मिलन भएको यस क्षेत्रलाई
नेपालको जैविक विविधता रणनीति २००२, जैविक विविधता अभिलेखीकरण आयोजना १९९६
लगायतका प्रतिवेदनहरूले समेत संरक्षण गर्न उच्च महत्त्व दिएका छन् । अति महत्त्वपूर्ण
पारिस्थितिकीय प्रणाली र वन्यजन्तुहरूका साथै तिनीहरूको वासस्थान जोगाउने उद्देश्यका साथ
गरीबी न्यूनिकरण र जैविक विविधता संरक्षणको लागि वातावरण मैत्री कार्यक्रमहरू सञ्चालन गर्न
यस क्षेत्रलाई राष्ट्रिय निकु ञ्जको रूपमा स्थापना गरी संरक्षण गर्नुपर्ने देखिन्छ । यसबाट
दीर्घकालसम्म जैविक विविधता संरक्षण, व्यवस्थापन तथा सामूदायिक विकास गर्न साथै यसैको
माध्यमबाट गरीबी न्यूनिकरण गर्ने राष्ट्रिय मूल नीतिसँग एकाकार भई अघि बढ्न सकिने हुन्छ ।
देशको राजधनी काठमाडौंको काखैमा रहेका श्रोत साधनहरूको निरन्तर र दीर्घकालीन प्रयोग गर्दै
जैविक विविधता संरक्षणका साथै सामाजिक र आर्थिक विकासका सम्भावनाहरू पहिल्याई अघि
बढ्नु आजको आवश्यकता नै हो, जुन आजसम्म हुन सके को छैन ।
१०२. अन्तराष्ट्रिय सन्धि सिर्जित जैविक विविधता संरक्षण गर्नुपर्ने नेपालको दायित्व र नेपाल
सरकारले जैविक विविधता संरक्षणको लागि चालेका कदमहरूको सन्दर्भमा यस क्षेत्रको संरक्षणका
सम्बन्धमा सोही प्रतिवेदनमा देहायबमोजिम औचित्यता पुष्टि गर्ने आधारहरू उल्लेख गरेको पाइयो
: भन्ने पनि देखिएन । उक्त क्षेत्रको पर्यावरणीय संवेदनशीलतालाई मध्येनजर गर्दा अध्ययन
जैविक विविधता महासन्धि, १९९२ को जैविक विविधता संरक्षण, उपयोग र फाइदाहरूको
न्यायोचित वितरण गर्ने लक्षित उद्देश्यका लागि महासन्धिका पक्ष राष्ट्रहरूको रूपले नेपालले सन्
२००२ मा नेपाल जैविक विविधता रणनीति, २००० तयार पारी स्वीकृ तसमेत गराई श्री ५ को
सरकार, वन तथा भू-संरक्षण मन्त्रालयले कार्यान्वयनमा ल्याइसके को छ । सो रणनीतिमा नेपालमा
पाइने सम्पूर्ण ११८ पारिस्थितिकीय प्रणालीहरू (Dobremez,१९७२) संरक्षित क्षेत्रभित्र पारी
संरक्षण र व्यवस्थापन गर्ने नीति रहेको र सो रणनीति कार्यान्वयन एवम् श्री ५ को सरकारको लक्षित
उद्देश्य पूर्तिका लागि यो क्षेत्रलाई संरक्षितक्षेत्रको रूपमा व्यवस्थापन गर्नु जरूरी छ । मध्य पहाडी
क्षेत्रमा पाइने जम्मा ५२ पारिस्थितिकीय प्रणालीमध्ये हाल संरक्षितक्षेत्रभित्र जम्मा ३३ वटा परेका
छन् । यस फू लचोकी-चन्द्रगिरीक्षेत्रलाई संरक्षितक्षेत्रको रूपमा घोषणा गरिँदा थप पारिस्थितिकीय
प्रणालीहरू समेटिनुका साथै संरक्षणको अभावमा लोप हुन लागेका संकटापन्न अवस्थामा पुगेका
वनस्पति, जनावर, पंक्षी, किरा, पुतली आदि प्राणीहरूको संरक्षणमा टेवा पुग्ने देखिन्छ ।
गोदावरी मार्वल उद्योग सञ्चालित वनक्षेत्र वरिपरी घना वस्ती विकास भइरहेको, राष्ट्रिय हर्वेरियम,
सेन्ट जेभियर्स स्कू ल, अन्य स्कू लहरू, पुष्प उद्यान, मृग कु ञ्ज, कृ षि अनुसन्धान के न्द्रको माछा र
माहुरी फाराम, ICIMODE को Domestic Centre जस्ता संरचना र प्राकृ तिक गुफा एवम् अन्य
जैविक विविधताको Hot Spot भएकोले यस्ता राष्ट्रिय महत्त्वको सामाजिक र वातावरणीय
हिसाबले अति संवेदनशील क्षेत्रमा निरन्तर विस्फोटन गरी खानी सञ्चालन गराई रहन उपयुक्त
देखिएन ।
१०३. उपरोक्त अध्ययन प्रतिवेदनहरूमा औंल्याइए विषयहरूका आधारमा गोदावरी मार्वल
उद्योगको सञ्चालनबाट गोदावरी क्षेत्रको धार्मिक, सांस्कृ तिक महत्त्व र त्यस क्षेत्रमा विद्यमान
जैविक विविधता, पारिस्थिकीय प्रणाली, भौगोलिक र भौगर्भिक अवस्थासमेतमा प्रतिकू ल असर
पुगेको रहेछ भन्ने कु रामा कु नै सन्देह गरिरहनु पर्ने भएन । त्यति मात्र होइन यस अदालतबाट सो
क्षेत्रको पर्यावरण संरक्षणका लागि भएको निर्देशनात्मक आदेशबमोजिम उचित र पर्याप्त उपायहरू
अवलम्बन गरिएको वा सो गर्दागर्दै पनि त्यसप्रकारको क्षति कम भएको वा हुने सम्भावना रहेको
प्रतिवेदनहरूमा औंल्याइएअनुरूप संरक्षित गरी अक्षुण्ण राख्नुपर्ने देखियो ।
गोदावरी मार्वल उद्योगबाट सो क्षेत्रमा भइरहेका उत्खननका क्रियाकलापहरू नेपालको संवैधानिक र
कानूनी व्यवस्थाअनुरूप छन् छैनन् भन्ने निर्णय दिनुपर्ने हुन आएको अर्को प्रश्नका सम्बन्धमा विचार
गर्नुपर्ने भएको छ ।
१०४. प्रस्तुत निवेदनमा विपक्षी गोदावरी मार्वल उद्योगको सञ्चालनबाट मुख्यतः नेपाल
अधिराज्यको संविधान, २०४७ को धारा १२ को उपधारा (१) द्वारा प्रत्याभूत स्वच्छ वातावरणमा
बाँच्न पाउने मौलिक हक, धारा १८ द्वारा प्रदत्त आफ्नो संस्कृ ति संरक्षणको हक, धारा १९ द्वारा
प्रदत्त आफ्नो धर्मको अवलम्बन र अभ्यास गर्ने धार्मिक हक, धारा २६(४) द्वारा प्रदत्त राष्ट्रिय
सम्पदा संरक्षण एवं स्वच्छ वातावरणको अधिकार एवं धारा ८८(२) द्वारा संरक्षित सार्वजनिक
सरोकारको संरक्षण गर्न पाउने हक हनन् भएको भन्ने उल्लेख गरिएको पाइन्छ । त्यस्तै खानी तथा
खनिज पदार्थ ऐन, २०४२ को दफा १२(१) र दफा २७(१) तथा खानी तथा खनिज पदार्थ
नियमावली, २०५६ को नियम १९ को देहाय (ख) तथा नियम ४३ को देहाय (घ), वातावरण
संरक्षण ऐन, २०५३ को दफा ७ र दफा १०(१) एवम् वन ऐन, २०४९ को प्रस्तावना र त्यसको
भावनामा अभिव्यक्त भएका कानूनी हक हनन् भएको भन्ने पनि निवेदकहरूको दाबी रहेको देखिन्छ
। विपक्षी गोदावरी मार्वल उद्योगको लिखित जवाफमा उक्त उद्योगले निवेदकले उल्लेख गरेको
जस्तो संवैधानिक र कानूनी हक हनन् नगरेको भन्ने जिकिर लिएको पाइन्छ ।
१०५. प्रस्तुत निवेदन वर्तमान अन्तरिम संविधान, २०६३ जारी हुनुपूर्वको नेपाल अधिराज्यको
संविधान, २०४७ अन्तर्गत दायर भएको
देखियो । २०५८ सालदेखि २०६८ सालसम्मको लागि विपक्षी उद्योगको नवीकरण थप गर्ने गरी
विपक्षी नेपाल सरकारबाट २०५३ सालमा भएको निर्णयउपर २०५८ सालमा दायर भएको प्रस्तुत
रिट निवेदन २०६३ सालमा अन्तरिम संविधान जारी हुँदासम्म करिब पाँच वर्ष व्यतित् भइसके को
देखिन्छ । त्यस्तै २०६३ सालमा अन्तरिम संविधान जारी भएको पनि हाल करिब नौ वर्ष व्यतित्
हुन लागेको स्थिति छ । यसबिचमा विपक्षी नेपाल सरकारले २०६८ सालदेखि २०७८ सालसम्म
पुनः दश वर्ष उद्योगको अवधि थप गरेका कारण निवेदकहरूले लगाउमा रहेको अर्को निवेदनसमेत
दायर गरेको देखिन्छ । वातावरण प्रदूषण जस्तो आम नागरिकसँग प्रत्यक्ष सम्बन्ध राख्ने सार्वजनिक
हक हित र सरोकार निहित रहेको विषयलाई संवैधानिक व्यवस्था परिवर्तन हुँदाको यति लामो
समयसम्म टुङ् गोमा पुग्न नदिइनु र न्याय प्रशासनले पनि त्यस प्रकारको दुष्चक्रलाई चिर्न नसक्नु
अनौठो देखिन्छ । लामो आरोह र अवरोहकाबिचबाट गुज्रिन पुगेको प्रस्तुत निवेदनको करिब १५
वर्षपछि सुनुवाई गरिरहँदा न्याय प्रणाली प्रति नै अविश्वास सिर्जना हुनसक्ने यस प्रकारका
कमिकमजोरीहरू आगामी दिनमा पुनरावृत्ति हुन नदिनेतर्फ सजग भई मुद्दा व्यवस्थापनलगायतमा
तत्काल सुधार गरिहाल्नु पर्ने आवश्यकता महसुस भएको छ ।
१०६. निवेदनमा खासगरी विपक्षी उद्योगले गरेको गोदावरी क्षेत्रको वातावरण प्रदूषणको असरबाट
नेपाल अधिराज्यको संविधान, २०४७ को धारा १२ को उपधारा (१) द्वारा प्रत्याभूत स्वच्छ
वातावरणमा बाँच्न पाउने मौलिक हक हनन् भएको भन्ने दाबी गरेको पाइन्छ । निवेदकले आधार
लिएको उक्त संवैधानिक व्यवस्था देहायबमोजिम रहेको देखियोः
१२. स्वतन्त्रताको हकः(१) कानूनबमोजिम बाहेक कु नै पनि व्यक्तिको वैयक्तिक स्वतन्त्रताको
अपहरण हुने छैन र मृत्यु दण्डको सजाय हुने गरी कु नै कानून बनाइने छैन ।
त्यसै गरी हाल प्रचलनमा रहेको नेपालको अन्तरिम संविधान, २०६३ को धारा १२ मा पनि
स्वतन्त्रताको हकअन्तर्गत देहायबमोजिम उल्लेख भएको पाइयोः-
१२. स्वतन्त्रताको हकः(१) प्रत्येक व्यक्तिलाई सम्मानपूर्वक बाँच्न पाउने हक हुनेछ र मृत्यु दण्डको
सजाय हुने गरी कु नै कानून बनाइने छैन ।
(२) कानूनबमोजिम बाहेक कु नै पनि व्यक्तिको वैयक्तिक स्वतन्त्रताको अपहरण हुने छैन ।
१०७. तत्कालीन र हाल बहाल रहेको संविधानको धारा १२ मा गरिएका संवैधानिक
व्यवस्थाहरूमा तात्विक भिन्नता रहेको देखिँदैन । अझ अन्तरिम संविधानले पूर्ववर्ती संविधानले
भन्दा पनि एक कदम अगाडि बाँच्न पाउने हकअन्तर्गत सम्मानपूर्वक बाँच्न पाउने कु रालाई समेत
समाहित गरेको
देखिन्छ । बाँच्न पाउने हक फगत जीवन धानिरहन पाउने विषयमात्र हो भन्ने संकु चित सोच राख्नु
गलत र अपूर्ण हुनजान्छ । बरू मानव जीवनलाई मानवीय स्तरमै अर्थात सम्मानपूर्वक
(Dignified) बाँच्नको लागि आवश्यक पर्ने सम्पूर्ण हकहरू यसअन्तर्गत निहित रहेको हुन्छ भन्ने
बुझ्नु पर्दछ । प्रदूषित वातावरणमा मानिसले सम्मानपूर्वक बाँच्न पाउने कु राको कल्पना गर्न नसकिने
मात्र होइन मानव जीवन नै संकटमा पर्नेसम्मको प्रतिकू ल अवस्था उत्पन्न हुन सक्दछ ।
१०८. हाल प्रचलित नेपालको अन्तरिम संविधानको धारा १६ को उपधारा (१) मा प्रत्येक
व्यक्तिलाई स्वच्छ वातावरणमा बाँच्न पाउने हक हुनेछ भन्ने व्यवस्था गरिएको पाइन्छ । स्वच्छ
वातावरणमा बाँच्न पाउने विषयलाई मौलिक हककै रूपमा स्थापित गर्ने अन्तरिम संविधानको यो
व्यवस्था दक्षिण एशियालीक्षेत्रमा मात्र नभई विश्वका विकसित भनिएका मुलुकहरूका
संविधानहरूमा समेत कमै देख्न
पाइन्छ । संविधानको यो व्यवस्थाले नेपाली नागरिकलाई मात्र नभई नेपालमा बस्ने प्रत्येक
व्यक्तिलाई समेत प्रदूषित वातावरणबाट संवैधानिक उन्मुक्ति नै प्रदान गरेको देखिन्छ । संविधानमा
मौलिक हकका रूपमा रहेको यो हक राज्यले कु नै पूर्वसर्त वा अवरोध विना उपलब्ध गराउनुको
विकल्प देखिन्न ।
१०९. त्यस्तै विपक्षी उद्योगको सञ्चालनबाट गोदावरी क्षेत्रको वातावरण दिनानुदिन प्रदूषित बन्दै
गइरहेकोमा विपक्षी नेपाल सरकारले नेपाल अधिराज्यको संविधान, २०४७ को धारा २६(४)
बमोजिमको वातावरण संरक्षण गर्नुपर्ने दायित्व निर्वाह गर्न नसके को भन्ने पनि निवेदकहरूको कथन
रहेको देखिन्छ । निवेदकले आधार लिएको धारा २६ राज्यका नीतिहरू अन्तर्गत समावेश भएको
उक्त व्यवस्था देहायबमोजिम रहेको पाइयोः-
(४) जनसाधारणमा वातावरणीय स्वच्छताको चेतना बढाई भौतिक विकाससम्बन्धी
क्रियाकलापहरूद्वारा वातावरणमा पर्न जाने प्रतिकू ल असरहरू पर्न नदिन एवम् वातावरणको संरक्षण
गर्न राज्यले प्राथमिकता दिनेछ र दुर्लभ वन्यजन्तु, वन र वनस्पतिको विशेष संरक्षणको व्यवस्था
गर्नेछ ।
हाल प्रचलित नेपालको अन्तरिम संविधान, २०६३ को धारा ३५ राज्यका नीतिहरूअन्तर्गत
देहायबमोजिम उल्लेख भएको पाइयोः-
(५) राज्यले वातावरण स्वच्छ राख्न आवश्यक व्यवस्था गर्नेछ । जनसाधारणमा वातावरणीय
स्वच्छताको चेतना बढाई भौतिक विकाससम्बन्धी क्रियाकलापहरूद्वारा वातावरणमा पर्न जाने
प्रतिकू ल असरहरू पर्न नदिन एवम् वातावरण तथा दुर्लभ वन्यजन्तुको विशेष संरक्षणमा राज्यले
प्राथमिकता दिनेछ । वन र वनस्पति तथा जैविक विविधताको संरक्षण, दिगो उपयोग र त्यसबाट
प्राप्त लाभमा समन्यायिक बाँडफाँडको व्यवस्था गर्नेछ ।
११०. उक्त दुवै संवैधानिक व्यवस्थाले वातावरण संरक्षणमा राज्यको प्राथमिकता रहनु पर्ने भन्दै
विकासका क्रियाकलापहरू सञ्चालन गर्दा वातावरणमा असर पर्न दिन नहुने अर्थात विकास र
वातावरणलाई सन्तुलित ढङ् गले अघिबढाउनु पर्ने कु रालाई राज्यको नीतिकै रूपमा स्थापित गरेको
पाइयो । अझ हाल प्रचलित नेपालको अन्तरिम संविधानले पूर्ववर्ती संविधानलेभन्दा वन तथा
जैविक विविधताको संरक्षणका साथै सोको दिगो उपयोग र त्यसबाट सृजित हुने लाभहरूको
समन्यायिक बाँडफाँडलाई समेत राज्यको नीतिले सम्बोधन गर्नुपर्ने गरी वातावरणीय न्यायको
अवधारणालाई फराकिलो पारेको देखियो । अन्तरिम संविधानले अख्तियार गरेको यो दृष्टिकोण
अन्तर्राष्ट्रिय मान्यताअनुरूप रहेकोसमेत देखिन आउँछ ।
१११. माथि पहिलो प्रश्नका सम्बन्धमा गरिएको विश्लेषणबाट वातावरणीय न्यायसम्बन्धी
अवधारणा स्थिर वा जड प्रकृ तिको नभई समय क्रमसँगै विकसित र परिस्कृ त हुँदै जाने गतिशील
तथा भविष्यके न्द्रित अवधारणा हो भन्ने स्पष्ट भइसके को छ । आधुनिक विज्ञान र प्रविधिको
विकाससँगै वातावरणीयक्षेत्रमा समेत दिन प्रतिदिन नयाँनयाँ समस्या र चुनौतिहरू थपिँदै गएका र
तिनलाई सम्बोधन गर्नको लागि वातावरणीय न्यायको क्षेत्रमा समेत नवीनतम् दृष्टिकोणहरू देखापर्दै
गएका छन् । विकसित मुलुकहरूले त सयौं वर्षपछिको वातावरणीय असरको लेखाजोखा धेरै
अगाडिदेखि आरम्भ गरिसके का पनि छन् ।
११२. २०४७ सालको संविधान निर्माण भएदेखि २०६३ सालमा अन्तरिम संविधान जारी हुने
विन्दूसम्म आइपुग्दा जैविक विविधता र वातावरण संरक्षणको क्षेत्रमा राष्ट्रिय तथा अन्तर्राष्ट्रिय
मान्यताहरूमा व्यापक परिवर्तन आइसके को देखिन्छ । त्यसको असर नेपालको अन्तरिम संविधान,
२०६३ मा प्रतिविम्बित हुनु स्वाभाविक नै हो । भोलि बन्ने संविधानमा यस दिशामा अझ थप
अवधारणाहरू समावेश हुनसक्ने कु रा अपेक्षित नै छ । वातावरणीय न्यायको सन्दर्भमा चर्चा
गरिरहँदा भविष्यके न्द्रित दृष्टिकोण राख्नपर्ने हुँदा हालको विन्दूसम्म विकसित भएका अवधारणा,
संवैधानिक र कानूनी व्यवस्था तथा राष्ट्रिय र अन्तर्राष्ट्रिय अभ्यासभन्दा पनि पछि फर्क ने सोच
उचित र विवेकसम्मत हुन सक्दैन ।
११३. समग्रमा व्यक्तिको बाँच्न पाउने हकलाई नेपाल अधिराज्यको संविधान,२०४७ र नेपालको
अन्तरिम संविधान, २०६३ दुवैले मौलिक हककै रूपमा व्यवस्थित गरेको पाइन्छ । अन्तरिम
संविधानले स्वच्छ वातावरणमा बाँच्न पाउने कु रालाई पनि मौलिक हकको कोटीमा राखेको छ ।
राज्यका नीतिहरू अदालतबाट सिधै कार्यान्वयन हुने विषय होइनन् भन्ने तथ्य इजलासको
जानकारीमा रहेको छ, तर मौलिक हकको निर्वाध उपभोगमा कु नै प्रकारको बन्देज किमार्थ स्वीकार्य
हुन सक्दैन । राज्यका नीति पनि संविधानमा सजावटका लागि मात्र राखिएका होइनन् । संविधानमा
एकपछि अर्को गर्दै हक अधिकारका ठूलठूला विषयहरू समावेश गर्दै जाने तर राज्यका जिम्मेवार
निकायहरू संविधान निर्दिष्ट मौलिक हक र नीतिहरू कार्यान्वयनमा उदासीन रहनु उचित मान्न
सकिन्न । दिन नसकिने हक अधिकार संविधानमा संग्रहण गरिनुबाट राज्यकै विश्वसनीयतामा कमी
आउने हो । त्यसैले राज्यका सम्बन्धित निकायहरूले संविधानको भावना र व्यवस्था अक्षरशः
कार्यान्वयन गर्न हरक्षण प्रयत्नशील रहनु पर्दछ । यदि यस्तो नपाइएमा यस अदालतले आवश्यक
आदेश वा निर्देशन दिन सक्ने नै हुन्छ ।
११४. गोदावरी क्षेत्रको महत्त्व र विपक्षी उद्योगको कारणबाट त्यस क्षेत्रमा परेको प्रतिकू ल असरका
बारेमा माथि तेस्रो प्रश्नको निरूपणका क्रममा पर्याप्त विश्लेषण भइसके को छ । उक्त विश्लेषणका
आधारमा विपक्षी उद्योगको सञ्चालनबाट त्यस क्षेत्रको जैविक विविधता र पर्यावरणमा परेको
असरले संविधान प्रदत्त स्वच्छ वातावरणमा बाँच्न पाउने व्यक्तिको मौलिक हकलाई असर नपुर्‍
याएको भन्न सकिने स्थिति देखिँदैन ।
११५. प्रस्तुत निवेदन अघिल्लो संविधान अन्तर्गत दायर गरिएको भए पनि हाल अन्तिम किनारा
लाग्दाको अवस्थामा अन्तरिम संविधान बहाल रहेको अवस्था विद्यमान छ । यसअघि सूर्यप्रसाद
शर्मा ढुंगेलले विपक्षी गोदावरी मार्वलको कारणबाट सो क्षेत्रको वातावरणमा पारेको प्रतिकू ल
असरका सम्बन्धमा तत्काल बहाल रहेको नेपालको संविधान, २०१९ को धारा ११(१) अन्तर्गत
निवेदन दायर गरेकोमा सो निवेदनको अन्तिम टुंङ् गोसमेत नेपाल अधिराज्यको संविधान, २०४७
लागू भएपछि लागेको देखिन्छ । सो रिट निवेदन दायर गर्दा बहाल रहेको नेपालको संविधान,
२०१९ को धारा ११(१) र नेपाल अधिराज्यको संविधान, २०४७ को धारा १२ मा समेत ब्यक्तिको
बाँच्न पाउने हकलाई समावेश गरेको देखिएको भनी तत्काल बहाल रहेको संविधानअनुरूप नै
आदेश जारी भएको देखिन्छ ।
११६. वस्तुतः स्वच्छ वातावरणमा बाँच्न पाउने कु रा मानिसको जन्मसिद्ध र नैसर्गिक अधिकार हो ।
जीवनसँग जोडिएको यस्तो प्राकृ तिक हक अधिकार अविच्छिन्नरूपमा उपभोग गर्न पाउनु पर्दछ
भन्ने कु रामा विवाद हुन सक्दैन । प्राकृ तिक प्राणी भएको हुँदा मानिसको बाँच्न पाउने यो हक कु नै
पनि सर्त, अवस्था र स्थितिमा खण्डित हुन सक्दैन ।
११७. त्यसमा पनि यस अदालतमा विचाराधीन रहेको यसै विवादित विषयमा विपक्षीहरूबाट
उद्योगको सञ्चालन अवधि पुनः थप गरिएउपर यिनै निवेदकहरूको तर्फ बाट यिनै विपक्षीउपर
अन्तरिम संविधानको व्यवस्था अंगाली दोस्रो रिट निवेदन परेको देखिन्छ । उक्त रिट निवेदनसमेत
प्रस्तुत निवेदनसँगै लगाउमा रही साथै पेस भइरहेको देखिएबाट निवेदनमा उठाइएको विषयवस्तुले
संवैधानिक निरन्तरता नपाएको भन्न मिल्ने अवस्था देखिएन ।
११८. यसका अतिरिक्त प्रस्तुत निवेदनमा कु नै फौजदारी कसुर गरेवापत सजाय गर्नुपर्ने वा व्यक्ति
विशेषको देवानी हक अधिकार प्रचलनको विषय समावेश भएको अवस्था देखिँदैन । वादी र
प्रतिवादी भई चल्ने मुद्दामा कु नै एक पक्षले जित्ने र अर्कोले हार्ने स्थिति रहने हुँदा कसुर वा घटना
घट्दा वा मुद्दा दायर हुँदाका अवस्थामा विद्यमान कानूनअनुरूप नै निर्णय निरूपण गरिनुपर्ने हुन्छ ।
तर वातावरण प्रदूषणबाट आम नागरिकलाई पर्न गएको असरसम्बन्धी सार्वजनिक हित र
सरोकारको विवाद निहित रहेको प्रस्तुत निवेदनमा कु नै एक पक्षले जित्ने वा हार्ने अवस्था हुने नभई
समन्यायिक दृष्टिकोण र मापदण्ड अवलम्बन गरिने हुँदा निवेदन दायर गर्दाका बखत बहाल रहेको
संवैधानिक व्यवस्थामा सीमित रहनु पर्ने बाध्यता हुँदैन । प्रदूषित वातावरणले निवेदकलाई मात्र
नभई स्वयम् विपक्षी गोदावरी मार्वलका सञ्चालक र कार्यरत मजदुरलगायत त्यस क्षेत्रको समग्र
जैविक विविधतामा समानरूपमा असर पार्ने हुँदा यदि त्यस्तो अवस्था देखिन्छ भने वातावरण
संरक्षणका लागि यस अदालतले हाल विद्यमान संविधान र कानूनअनुरूप आदेश जारी गर्न बाधा
पर्ने देखिँदैन ।
११९. यसरी नै धार्मिक सांस्कृ तिक महत्त्वको दृष्टिकोणबाट महत्त्वपूर्ण रहेको गोदावरी क्षेत्रमा विपक्षी
उद्योग सञ्चालनबाट परेको प्रतिकू ल असरबाट नेपाल अधिराज्यको संविधान, २०४७ को धारा
१८ द्वारा प्रदत्त आफ्नो संस्कृ ति संरक्षणको हक, धारा १९ द्वारा प्रदत्त आफ्नो धर्मको अवलम्बन र
अभ्यास गर्ने धार्मिक हकसमेत हनन् भएको भन्ने पनि निवेदन दाबी रहेको देखिन्छ । हाल प्रचलित
नेपालको अन्तरिम संविधान, २०६३ को धारा १७ मा शिक्षा तथा संस्कृ तिसम्बन्धी हक र धारा २३
मा धर्मसम्बन्धी हकका बारेमा व्यवस्थाहरू भएको पाइन्छ । संविधानले अन्य कु राका अतिरिक्त
मूलतः आफ्नो सांस्कृ तिक सभ्यता र सम्पदाको संरक्षण र प्रबर्द्धन गर्ने तथा आफ्नो धार्मिक स्थल र
धार्मिक गुठीसमेतको सञ्चालन एवम् संरक्षण गर्ने मौलिक हक प्रत्येक सम्प्रदायलाई मौलिक हककै
रूपमा प्रत्याभूत गरेको देखियो ।
१२०. गोदावरी क्षेत्रमा विभिन्न धार्मिक स्थल र सांस्कृ तिक महत्त्वका कु ण्ड, धारा, मठ मन्दिर, गुफा
र बौद्ध गुम्बाहरू रहेको भन्ने तथ्यमा विवाद देखिँदैन । साथै १२ वर्षे गोदावरी मेलालगायतका जात्रा
र पर्व लाग्ने गरेको भन्ने पनि देखिन आउँछ । धार्मिक र सांस्कृ तिकरूपले संवेदनशील क्षेत्रमा मार्वल
उत्खननको लागि खानी सञ्चालन गर्दा त्यस्ता सम्पदाहरूमा असर पर्ने कु रा अपेक्षित नै देखिन्छ ।
१२१. यसका अतिरिक्त रिट निवेदनमा गोदावरी जस्तो जैविक विविधता भएको संवेदनशीलक्षेत्रमा
विपक्षी उद्योगले लामो समयसम्म गरेको निरन्तरको उत्खनन् कार्य खानी तथा खनिज पदार्थ ऐन,
२०४२ र खानी तथा खनिज पदार्थ नियमावली, २०५६ को प्रतिकू ल भएको भन्ने पनि उल्लेख
गरेको पाइन्छ ।
१२२. मिति २०४२।७।१४ मा लालमोहर सदर भएको खानी तथा खनिज पदार्थ ऐन, २०४२ नेपाल
सरकारले नेपाल राजपत्रमा सूचना प्रकाशित गरी तोके को मितिदेखि प्रारम्भ हुने व्यवस्था सो ऐनको
दफा १ को उपदफा (२) ले गरेको देखिन्छ । तर जारी भएको बाह्र वर्ष हुँदासमेत लागू हुन नसके को
उक्त ऐन लागू गर्नु भनी यसअघि यस अदालतबाट सूर्यप्रसाद शर्मा ढुंगेल विरूद्ध गोदावरी मार्वल
इण्डष्ट्रिजसमेत विपक्षी भएको रिट निवेदनमा मिति २०५२/७/१४ मा आदेश भएको (ने.का.प.
स्वर्ण शुभजन्मोत्सव विशेषाङ् क २०५२ पृष्ठ १६९) देखियो । सो आदेश भएको पनि चार वर्ष
व्यतित् गरी मिति २०५६।५।३१ को नेपाल राजपत्रमा प्रकाशित सूचनाबमोजिम सोही मितिदेखि
उक्त ऐन लागू भएको भन्ने देखियो ।
१२३. यसरी लागू भएको उक्त ऐनको प्रस्तावना हेर्दा सर्वसाधारण जनताको सुविधा र आर्थिक हित
कायम राख्न र देशको द्रुततर आर्थिक विकासको लागि देशमा भइरहेको खानी तथा खनिज
स्रोतहरूको विकास गर्न वाञ्छनीय भएकोले भन्नेसमेत उल्लेख भएको पाइन्छ । खानी तथा खनिज
स्रोतको व्यवस्थितरूपमा उत्खनन् र विकासबाट मुलुकको द्रुत आर्थिक विकास गर्ने लक्ष्य लिएको
सो ऐनको प्रस्तावना बोधगम्य नै देखिन्छ ।
१२४. साथै ऐनको दफा ३ ले निजी वा सरकारी जुनसुकै जमीनको सतह वा भू-गर्भभित्र रहेको वा
पाइएको सम्पूर्ण खनिज पदार्थ नेपाल सरकारको सम्पत्ति हुने व्यवस्था गरेको देखियो । दफा ३क. ले
खनिज पदार्थको प्रकृ तिको आधारमा धातु र अधातु खनिज तथा महत्त्वका आधारमा अति
महत्त्वपूर्ण, महत्त्वपूर्ण तथा बहुमूल्य र सामान्य गरी खनिज पदार्थको वर्गीकरण गरेको पाइयो । खानी
तथा खनिज पदार्थ नियमाली, २०५६ को अनुसूचि-१ हेर्दा प्रकृ तिको आधारमा मार्वललाई अधातु
खनिज र महत्त्वका आधारमा ढुङ् गा, बालुवासँगै सामान्य खनिजको वर्गीकरणमा राखेको देखिन्छ ।
१२५. ऐनको दफा ४(१) ले खनिज कार्य गर्ने एकाधिकार नेपाल सरकारलाई प्रदान गरेको र दफा ४
को उपदफा (२) मा विभाग स्वयंले वा अरू कु नै व्यक्तिलाई खनिज कार्य गर्न अनुमति दिनसक्ने
व्यवस्था भएको पाइयो । यस्तो अनुमति दिने प्रक्रिया र अवधि दफा ५ को अतिरिक्त खानी तथा
खनिज पदार्थ नियमावली, २०५६ मा समेत समेटिएको देखियो ।
१२६. खनिज कार्य गर्दा वातावरणमा प्रतिकू ल असर पार्न नहुने व्यवस्था सो ऐनको दफा ११क. मा
गरिएको देखिन्छ । उक्त दफामा मुख्यतः खनिज कार्य गर्दा वातावरणमा उल्लेखनीय (सिग्निफिके न्ट)
प्रतिकू ल असर पार्न नहुने, तोकिएबमोजिम वातावरण संरक्षणका बचाउका उपायहरू अपनाउनु पर्ने,
त्यस्तो प्रतिकू ल असर पारेको देखिएमा सुधार ल्याउन विभागले निर्देशन दिनसक्ने र त्यस्तो
निर्देशनको पालना गर्नु सम्बन्धित व्यक्तिको कर्तव्य हुने कु रा उल्लेख भएको पाइयो । सोही दफाको
प्रतिबन्धात्मक वाक्यांशले त्यस्तो असर तोकिएबमोजिम हुने व्यवस्था गरेको देखियो ।
१२७. खानी तथा खनिज पदार्थ नियमावली, २०५६ को नियम ३२ मा वातावरणमा उल्लेखनीय
(सिग्निफिके न्ट) प्रतिकू ल असर परेको मानिने आधारहरू देहायबमोजिम तोकिएको पाइन्छः
(१) खानी तथा आधारभूत संरचनाको विकास गर्दा भू-उपयोग तथा भू-सतहमा विचलन ल्याउन
सक्ने ।
(२) वन विकास तथा वन्यजन्तु लोप हुन सक्ने ।
(३) खानीबाट बग्ने पानी तथा धाउ प्रशोधन गर्दा निस्कने झोल विकारहरूले पानी प्रदूषित हुन सक्ने
।
(४) धुवाँ धुलोले हावा प्रदूषित हुन सक्ने ।
(५) ड्रिलिङ् ग, ब्लाष्टिङ् ग तथा ठूला मेसिनहरूको प्रयोगले ध्वनी प्रदूषण तथा कम्पन हुन सक्ने ।
(६) ओभर बर्डेन ट्रेलिङ् ग आदिले ठोस विकारको समस्या पैदा हुन सक्ने ।
(७) भू-क्षय, पैरो, भिरालो जमीन बग्ने, माटो बगाउने तथा बाटो बन्द हुने जस्ता समस्या पैदा हुन
सक्ने ।
(८) जल प्रवाहमा परिवर्तन तथा पानीको उपयोगमा असुविधा हुन सक्ने ।
(९) सांस्कृ तिक, पुरातात्विक स्थल तथा वनस्पति उद्यानहरूमा क्षति पुग्न सक्ने ।
१२८. गोदावरी क्षेत्रको सम्बन्धमा भएका माथि सिंहावलोकन गरिएका विभिन्न अध्ययन
प्रतिवेदनहरूको तुलनात्मक अध्ययनबाट विपक्षी गोदावरी मार्वल उद्योगले गरेको उत्खनन्
कार्यबाट नियमावलीको उपरोक्तमध्ये खण्ड (क), (ख), (ग), (ङ), (छ) र (झ) मा उल्लिखित
अवस्थाहरू श्रृजना भएको भन्ने प्रष्टै देखियो । यसरी हेर्दा विपक्षी मार्वल उद्योगले सो क्षेत्रको
वातावरणमा उल्लेखनीय (सिग्निफिके न्ट) प्रतिकू ल असर परेको मानिने पर्याप्त आधारहरू विद्यमान
रहेको पाइयो ।
१२९. यसका अतिरिक्त ऐनको दफा १२ को उपदफा (१) मा विभागले राष्ट्रिय सुरक्षा, सार्वजनिक
हित वा ऐतिहासिक महत्त्वको दृष्टिकोणबाट कु नै क्षेत्रलाई खनिज कार्यको लागि निषेधितक्षेत्र घोषित
गर्न वा कु नै क्षेत्रका सम्बन्धमा विशेष सर्तहरू तोकी खनिज कार्य गर्ने अनुमति दिन सक्नेसम्मको
व्यवस्था रहेको
पाइन्छ । त्यस्तै राष्ट्रिय सुरक्षा वा सार्वजनिक हितको लागि आवश्यक देखेमा नेपाल सरकारलाई
तुरून्त खनिज कार्य रोक्का राखी अनुमति रद्द गर्नसक्ने अधिकार ऐनको दफा २७(१) ले प्रदान
गरेको
देखिन्छ । साथै खानी तथा खनिज पदार्थ नियमाली, २०५६ को नियम ४३ (घ) मा समेत
सार्वजनिक हित वा राष्ट्रिय सुरक्षा वा वातावरणमा प्रतिकू ल असर पर्न सक्ने कार्य गर्ने खानी
उद्योगको अनुमतिपत्र रद्द हुने कानूनी व्यवस्था गरेको पाइयो ।
१३०. गोदावरी सांस्कृ तिक र ऐतिहासिक महत्त्वको क्षेत्र भएकोमा विवाद भएन । साथै यस क्षेत्रको
जैविक विविधता, भौगोलिक र भू-गर्भिक स्थिति, पारिस्थिकीय प्रणाली र पर्यावरणीय
संवेदनशीलताका सम्बन्धमा समेत माथि प्रकरण प्रकरणहरूमा पर्याप्त विश्लेषण भएकै छ । विपक्षी
गोदावरी मार्वल उद्योगको उत्खनन् कार्यबाट सो क्षेत्रको जैविक विविधता र पर्यावरणमा
उल्लेखनीय प्रतिकू ल असर परेको तथ्यसमेत स्थापित भएकै पाइन्छ । यस स्थितिमा राजधनी जस्तो
तीसौं लाख जनसंख्या भएको घना आवादीयुक्त शहरी क्षेत्रको जलवायु र हावापानीको जीवनधारा
(Ventilator) को रूपमा रहेको गोदावरी क्षेत्रको जैविक विविधता र पर्यावरण विनासबाट बृहत्त
सार्वजनिक हितमा संकट आउन नसक्ने भन्न मिल्ने पनि देखिँदैन ।
१३१. यसैगरी निवेदनमा विपक्षी उद्योगको निरन्तर सञ्चालनबाट वातावरण संरक्षण ऐन र
नियमावलीको व्यवस्थासमेत उल्लङ् घन हुन पुगेको भन्ने उल्लेख भएको देखिन्छ । यस
अदालतबाट गोदावरी मार्वलको मुद्दामा भएको आदेशबमोजिम वातावरण संरक्षण ऐन, २०५३ को
निर्माण भई मिति २०५३।१०।१७ मा लालमोहर र प्रकाशन भएको देखिन्छ । उक्त ऐनको प्रस्तावना
हेर्दा आर्थिक विकास र वातावरण संरक्षणबिचको अन्योन्याश्रित सम्बन्धबाटै दिगो विकास हुने
कु रालाई ध्यानमा राख्दै वातावरणीय ह्रासबाट मानव जाति, जीवजन्तु, वनस्पति, प्रकृ ति तथा
भौतिक वस्तुमाथि हुनसक्ने प्रतिकू ल प्रभावलाई यथाशक्य कम गरी स्वच्छ तथा स्वस्थ वातावरण
कायम गर्न र प्राकृ तिक स्रोतको समुचित उपयोग र व्यवस्थापनबाट वातावरण संरक्षण गर्ने
उद्देश्यबाट उक्त ऐन जारी गरिएको भन्ने उल्लेख भएको पाइन्छ ।
१३२. आर्थिक विकास र वातावरण संरक्षणबिच अन्तरसम्बन्ध भएमा मात्र दिगो विकास हुनसक्ने
भन्ने उक्त ऐनको प्रस्तावनामा समाहित भएको भावनाले वातावरणीय न्यायको क्षेत्रमा विकास
भएको अन्तर्राष्ट्रिय विधिशास्त्रलाई स्पष्टरूपमा आत्मसात गरेको देखियो ।
१३३. यसका साथै वातावरणीय ह्रासबाट मानव जाति, जीवजन्तु, वनस्पति, प्रकृ ति तथा भौतिक
वस्तुमाथि प्रतिकू ल प्रभाव पर्न सक्ने र यसबाट स्वच्छ तथा स्वस्थ वातावरण कायम हुन नसक्ने
कु रालाई पनि प्रस्तावनाले हृदयंगम् गरेको देखिन्छ । त्यस्तै वातावरण संरक्षण गर्न प्राकृ तिक स्रोतको
समूचित उपयोग र व्यवस्थापन गरिनु पर्ने भन्ने समन्यायिक मान्यतालाई पनि वातावरण संरक्षण
ऐनको प्रस्तावनाले समेटेको देखिएको छ ।
१३४. ऐनको दफा २ मा वातावरणसँग सम्बन्धित विभिन्न पदावलीहरूलाई परिभाषित गरेको पनि
देखिन्छ । खण्ड (क) मा “वातावरण”, खण्ड (ख) मा “प्रदूषण” को परिभाषा गरेको
पाइन्छ । उक्त परिभाषाहरू प्रसंगवस माथि पहिलो प्रश्नमा नै उद्धृत गरिसकिएको हुँदा पुनरोक्ति
गरिरहनु परेन । खण्ड (ग) ले संरक्षणको परिभाषा गर्दै वातावरण तथा राष्ट्रिय सम्पदाको सुरक्षा,
स्याहार, सम्भार, सम्बर्द्धन, व्यवस्थापन तथा सदुपयोग गर्ने कार्यलाई सम्झनु पर्ने भनिएको पाइन्छ ।
खण्ड (घ) अनुसार “प्रस्ताव” भन्नाले विद्यमान वातावरणीय अवस्थामा परिवर्तन ल्याउन सक्ने
किसिमको विकास कार्य, भौतिक क्रियाकलाप वा भू-उपयोगको परिवर्तन गर्ने कु नै योजना,
आयोजना वा कार्यक्रम सम्ञ्चालन गर्ने सम्बन्धमा तयार पारिएको प्रस्तावलाई सम्झनु पर्ने देखिन्छ
। त्यस्तै परिस्थितिकीय प्रणाली (इको-सिस्टम) को विविधता, प्रजातीय विविधता (स्पेसिज
डाइवरसिटी) तथा वंशाणु विविधता (जेनेटिक डाइवरसिटी) लाई खण्ड (ञ) मा “जैविक
विविधताको” रूपमा परिभाषित गरिएको
देखिन्छ । खण्ड (ट) अनुसार “राष्ट्रिय सम्पदा” भन्नाले नेपालभित्रका प्राकृ तिक, सांस्कृ तिक,
ऐतिहासिक, पुरातात्विक, वैज्ञानिक, आध्यात्मिक, सौन्दर्यपरक वा सामाजिक दृष्टिबाट मानव
जातिको लागि महत्त्वपूर्ण मानिने वातावरणसँग सम्बन्धित कु नै पनि वस्तु, स्थल, वनस्पति तथा
जीव-जन्तुलाई सम्झनु पर्दछ भनिएको पाइन्छ ।
१३५. यसका अतिरिक्त कु नै पनि प्रस्तावहरूको प्रारम्भिक वातावरणीय परीक्षण वा वातावरणीय
प्रभाव मूल्याङ् कन गर्नुपर्ने ऐनको दफा ३ ले गरेको पाइन्छ । उक्त ऐन प्रारम्भ भएपछि प्रस्ताव
स्वीकृ त नगराई कार्यान्वयन गर्न दफा ४ ले निषेध गरेको देखिन्छ । प्रस्ताव स्वीकृ तिको लागि
तोकिएको निकायमा पेस गर्नुपर्ने र त्यस्तो प्रस्ताव कार्यान्वयन गर्न स्वीकृ ति दिन सक्ने व्यवस्था
क्रमशः दफा ५ र ६ मा समेटिएको पाइयो ।
१३६. वातावरण संरक्षण ऐन, २०५३ को दफा २४ ले दिएको अधिकार प्रयोग गरी नेपाल सरकारले
तुरून्त प्रारम्भ हुने गरी मिति २०५४।३।१२ देखि वातावरण संरक्षण नियमाली, २०५४ बनाएको
देखिन्छ । उक्त नियमावलीको नियम ३ ले अनुसूची-१ मा उल्लेख भएका प्रस्तावहरूको प्रारम्भिक
वातावरणीय परीक्षण र अनुसूची-२ मा उल्लेख भएका प्रस्तावहरूको वातावरणीय प्रभाव मूल्याकं न
गराउनु पर्ने व्यवस्था गरेको पाइन्छ । उक्त नियम ३ सँग सम्बन्धित प्रारम्भिक वातावरणीय परीक्षण
गर्नुपर्ने प्रस्तावहरू अनुसूची-१को खण्ड (इ) मा खानी क्षेत्रका बारेमा उल्लेख भएको देखिन्छ । सो
को क्रम संख्या ४ मा डेकोरेटिभ ढुंगा (जस्तैः-Marble, Granite, Amphibolite/Polished
Stone) संकलन तथा उत्पादन गर्ने भन्ने उल्लेख भएको देखिँदा मार्वल संकलन तथा उत्पादन गर्ने
विपक्षी गोदावरी मार्वल उद्योगले प्रारम्भिक वातावरणीय प्रभाव मूल्याङ् कन गराउनु पर्ने देखियो ।
१३७. साथै अनुसूची-२ मा वातावरणीय प्रभाव मूल्याङ् कन गर्नुपर्ने प्रस्तावहरूको सूची उल्लेख
भएको पाइन्छ । उक्त अनुसूचीको खण्ड (इ) खानीक्षेत्र अन्तर्गत क्रम संख्या २ (ग) मा अधातु
खनिजको उत्पादन गर्न भूमिगत उत्खनन् भए दैनिक २०० टनभन्दा बढी र सतही उत्खनन् भए
दैनिक ४०० टनभन्दा बढी उत्खनन् कार्य गर्ने प्रस्तावहरूको वातावरणीय प्रभाव मूल्याङ् कन गर्नुपर्ने
देखिन्छ । यसका अतिरिक्त वन, ऐतिहासिक, सांस्कृ तिक र सार्वजनिक खानेपानीका आपूर्तिका
मुख्य श्रोतहरू रहेका क्षेत्रमा गरिने प्रस्तावहरूका सम्बन्धमा समेत प्रारम्भिक वातावरणीय परीक्षण र
वातावरणीय प्रभाव मूल्याङ् कन गराउनु पर्ने कु रा उक्त अनुसूचीहरूको अध्ययनबाट देखिन आउँछ ।
१३८. विपक्षी गोदावरी मार्वल उद्योगले सञ्चालन गरिरहेको मार्वल उत्खनन् र उक्त खानी
अवस्थित क्षेत्रको संवेदनशीलता र महत्त्वका कारणबाट समेत प्रारम्भिक वातावरणीय परीक्षण र
वातावरणीय प्रभाव मूल्याङ् कन गराउनु पर्ने रहेछ भन्ने कु रामा विवाद छैन । तर विपक्षी उद्योग तथा
सम्बन्धित सरकारी निकायको लिखितजवाफ हेर्दा त्यस्तो गरेको भन्ने देखिँदैन । ऐनको दफा ४ मा
यो ऐन प्रारम्भ भएपछि भन्ने उल्लेख भएको हुँदा ऐन लागू हुनुपूर्व स्थापना भएका उद्योगका
सम्बन्धमा उपरोक्तबमोजिम प्रारम्भिक वातावरणीय परीक्षण र वातावरणीय प्रभाव मूल्याङ् कन
गराउनु पर्ने वा नपर्ने भन्ने विषयमा स्पष्टता नभएको कारण सो कार्य नगरिएको भन्ने विपक्षीहरूको
जवाफमा उल्लेख भएको देखियो ।
१३९. वस्तुतः कु नै अमूक ऐन जारी हुनुभन्दा अघि स्थापना भएका उद्योगले वातावरणमा असर
नगर्ने र पछि स्थापना भएकाबाट मात्र असर पर्ने भन्ने हुन सक्दैन । कु नै उद्योग स्थापना गर्ने समयमा
प्रारम्भिक वातावरणीय परीक्षण र वातावरणीय प्रभाव मूल्याङ् कन गराउनु पर्ने कानूनी व्यवस्था
थिएन भन्नुको अर्थ कानून बनेपछि पनि त्यस्तो नगराउने छु ट भइरहन्छ भन्ने तर्क गर्न मिल्दैन ।
त्यस्तो अर्थ गर्ने हो भने २०५३ सालअघि स्थापना भएका उद्योग वा खानीहरूले वातावरण प्रदूषण
गरिरहन पाउछन् भन्ने निश्कर्षमा पुग्नु पर्ने हुन्छ जुन कु नै पनि दृष्टिकोणबाट उचित र विवेकसम्मत
हुन सक्दैन । विज्ञान प्रविधि तथा वातावरण मन्त्रालय जस्तो जिम्मेवार निकायबाट ऐनको
व्यवस्थालाई देखाएर विपक्षी उद्योगलाई त्यस्तो छु ट दिइरहनु गैरजिम्मेवारीको द्योतक मात्र हुन
सक्दछ ।
१४०. त्यस्तै वातावरणमा उल्लेखनीय प्रतिकू ल प्रभाव पार्ने गरी वा जन-जीवन र जन-स्वास्थ्यका
लागि खतरा हुन सक्ने किसिमले प्रदूषण सृजना गर्न वा तोकिएको मापदण्डविपरीत कु नै यान्त्रिक
साधन, औद्योगिक प्रतिष्ठान वा अन्य ठाउँबाट ध्वनी, ताप, रेडियोधर्मी विकिरण तथा फोहोरमैला
निष्काशन गर्न गराउन नहुने कु रा ऐनको दफा ७(१) मा उल्लेख भएको पाइन्छ । उपदफा (१)
विपरीत कसैले कार्य गरी वातावरणमा उल्लेखनीय प्रतिकू ल प्रभाव पारेको देखिएमा तत् सम्बन्धमा
आवश्यक सर्तहरू तोक्न वा त्यस्तो कार्य गर्न नपाउने गरी सम्बन्धित निकायले रोक लगाउन सक्ने
अधिकार उपदफा (२) ले सम्बन्धित निकायलाई दिएको देखिन्छ । साथै उपदफा (३) ले कु नै
किसिमको पदार्थ, इन्धन, औजार वा संयन्त्रको प्रयोगबाट वातावरणमा उल्लेखनीय प्रतिकू ल प्रभाव
परेको वा पर्ने देखिएमा मन्त्रालयले नेपाल राजपत्रमा सूचना प्रकाशन गरी त्यस्तो पदार्थ, इन्धन,
औजार वा संयन्त्रको प्रयोगमा बन्देज लगाउन सक्नेसम्मको व्यवस्था गरेको पनि देखियो ।
१४१. विभिन्न अध्ययन प्रतिवेदनहरूका सम्बन्धमा माथि गरिएको विश्लेषणका आधारमा गोदावरी
मार्वल उद्योगको क्रियाकलापबाट त्यस क्षेत्रको वातावरणमा उल्लेखनीय प्रतिकू ल प्रभाव परेको र
त्यसको रोकथाम असम्भव रहेको भन्ने देखिन
आउँछ । यस स्थितमा उद्योगलाई निरन्तरता दिनु त्यस क्षेत्रको वातावरणमा निरन्तर उल्लेखनीय
प्रतिकू ल प्रभाव परिरहन दिइरहनु सरह हुन्छ ।
१४२. वातावरण संरक्षण ऐनको दफा १०(१) बमोजिम वातावरण संरक्षणका दृष्टिले अति महत्त्वपूर्ण
मानिने प्राकृ तिक सम्पदा वा सौन्दर्यपरक, दुर्लभ वन्यजन्तु, जैविक विविधता, वनस्पति ऐतिहासिक
तथा सांस्कृ तिक महत्त्वका स्थलहरू भएको नेपालभित्रको कु नै ठाउँलाई नेपाल सरकारले नेपाल
राजपत्रमा सूचना प्रकाशित गरी वातावरण संरक्षणक्षेत्र कायम गर्नसक्ने पनि देखिन्छ । त्यस्तै उक्त
ऐन र सो ऐनअन्तर्गत बनेका नियम वा निर्देशिकाविपरीत वातावरण प्रदूषण गर्नेबाट पीडित पक्षलाई
मनासिब क्षतिपूर्ति भराउने व्यवस्था दफा १७ रहेको पाइन्छ भने प्रस्ताव स्विकृ त नगराई वा स्विकृ त
प्रस्तावको विपरीत कु नै कार्य गर्नेलाई त्यस्तो कार्य तत्काल बन्द गराउनेदेखि कसुरको मात्राअनुसार
दण्ड सजाय हुने व्यवस्था दफा १८ मा भएको पाइन्छ ।
१४३. गोदावरी क्षेत्र प्राकृ तिक सौन्दर्यता, जैविक विविधता, पर्यावरणीय संवेदनशीलता,
पारिस्थिकीय प्रणाली, भौगोलिक र भू-गर्भिक अवस्था, पुष्प उद्यान, राष्ट्रिय हर्वोरियम, मत्स्य र
मौरी अनुसन्धान के न्द्र, ICMODE को अनुसन्धान के न्द्रलगायत धार्मिक र सांस्कृ तिक महत्त्व र
गुणयुक्त भएको भन्ने देखिन्छ । साथै विपक्षी उद्योगको क्रियाकलापबाट सो क्षेत्रको जैविक
विविधतालगायतलाई अपुरणीय क्षति पुगेको भन्ने तथ्य पनि स्थापित भइरहेको
देखिन्छ । यस्तो स्थितिमा उक्त क्षेत्रलाई संरक्षितक्षेत्र घोषित नगरी निरन्तर पर्यावरणमा हानी नोक्सान
पारिरहन छु ट दिइएबाट वातावरण संरक्षण ऐनको उक्त कानूनी व्यवस्था कार्यान्वयन र पालना
भएको मान्न सकिने स्थिति देखिएन ।
१४४. सारमा, विकास र वातावरण (Development and Environment) यी दुवै यथार्थबिच
हाल के ही विवाद भए तापनि भौतिक विकास र वातावरणबिच द्वन्द्व देखिएमा दुवैबिच तालमेल
मिलाएर मानव जातिको स्वास्थ्य र जीउने बाँच्ने अधिकारलाई जोगाउँदै विकास गर्न सकिन्छ भन्ने
मान्यता कायम रहेको देखिन्छ । विकास गर्ने तर त्यसको प्रतिकू लताको प्रभाव वातावरणमा पर्न
नदिने भन्ने अभियानअन्तर्गत लोप हुन लागेका जीवजन्तु, जलचर, पशुपंक्षीको संरक्षण गर्न
अभियान चलाएको राष्ट्रिय अन्तराष्ट्रिय क्षेत्रको माथि उदाहरण प्रेषित भएका छन् ।
१४५. गोदावरी क्षेत्रमा विपक्षी मार्वल उद्योग सञ्चालन नहुने आधारहरू पर्याप्त रहेको पाइन्छ ।
प्रथमतः वस्ती विस्तार जसको बारेमा जिकिर गरिएको छ । दोस्रो यो राजधनी उपत्यका जसको भू-
बनावट चारैतिर पहाडले घेरेको खाल्टोको रूपमा रहेको
छ । राजधनीभन्दा मात्र १५ किलोमिटरको फरकमा गोदावरी क्षेत्र अवस्थित रहेको देखिन्छ । धुलो,
धुँवा, जैविक इन्धनको रूपमा रहेका डिजेल, पेट्रोल, मोटर गाडीका टायर अनि विभिन्न ग्याँस
फ्याँक्ने आधुनिक साधनहरूको प्रयोगबाट उत्सर्जित कार्वन ग्याँससमेतबाट यस क्षेत्रको वातावरण
अत्यन्त प्रदूषित भएतर्फ ध्यान दिन आवश्यक छ ।
१४६. मानिसहरूलाई बाँच्नको लागि स्वच्छ हावा र प्राण वायुको आवश्यकता हुनेमा काठमाडौं
उपत्यकामा त्यसको उपस्थिति क्षीण हुँदै गएको
छ । विस्फोटक पदार्थको प्रयोगबाट निस्कने धुँवा धुलो र पहाडको उत्खननले काठमाडौं
उपत्यकाभित्रको वातावरण प्रदूषणमा थप नकारात्मक प्रभाव पार्न सहयोग पुर्‍याउने कु रा स्वभाविक
हुन्छ ।
१४७. विपक्षी गोदावरी मार्वलको लिखित जवाफमा के कति जीवजन्तु मरेका, विस्थापित भएका र
लोप भएका हुन भन्ने कु राको आँकडा निवेदकले उल्लेख गर्न नसके को भन्ने प्रश्न पनि उठाइएको
देखिन्छ । वस्तुतः घना जंगल भनेको जंगली पशुपन्छी र जीवजन्तुहरूको स्वतन्त्र विचरण गर्ने क्षेत्र र
वासस्थानसमेत हो जहाँ उनीहरू निर्भयसँग बाँच्न पाएका हुन्छन् । त्यस्तो जंगलको आसपासमा
विष्फोटन, मानिसको अनावश्यक ओहोरदोहोर, ठूला आवाज र विचरणबाट जीवजन्तुमा सकस
ल्याउनु स्वभाविक नै हुन्छ । त्यस्ता जीवजन्तुहरू मानिसहरूको आवतजावत र मेसिनका
आवाजबाट त्रसित भई भाग्नुपर्ने वा वनमा अतिक्रमणका कारण विस्थापित हुनु र लोप हुनु
स्वभाविक हो ।
१४८. गोदावरी क्षेत्रमा भएको फू लचोकी डाँडा काठमाडौं उपत्यकाको पूर्वदक्षिण भागमा अवस्थित
सबैभन्दा अग्लो र उपत्यकामा वर्षा गराउने महत्त्वपूर्ण क्षेत्र हो भन्ने कु रा मिसिल संलग्न अध्ययन
प्रतिवेदनहरूबाट प्रमाणित भइसके को देखिन्छ । साथै हरियालीयुक्त यस्तो महत्त्वपूर्ण पहाड
प्राकृ तिक सौन्दर्यतालेसमेत भरिपूर्ण रहेको भन्ने देखिन्छ । यस क्षेत्रमा भएको वनको विनास र खानी
उत्खननले सिङ् गो पहाड नै लोप हुने खतरा छ । प्रकृ तिले दिएको यस्तो अनुपम उपहारलाई विनास
गरी विपक्षीहरूले खनिज उत्खनन् पछि त्यसतर्फ छोपछाप पारी पुनः जंगल लाउन सकिने र कृ तिम
पहाड बनाउन सम्भव हुने तर्क आफैँमा अस्वाभाविक छ । कारण प्रकृ तिले नै दिएको देनलाई
कृ तिमले पूरा गर्न सक्दैन ।
१४९. माथि गरिएको विश्लेषणबाट गोदावरी क्षेत्रमा खानी उत्खननको कार्यबाट काठमाडौं
उपत्यकाको शोभा समाप्त हुने र जैविक विविधता नष्ट हुनेसम्मको अवस्था देखिन्छ । वातावरणीय
स्वच्छता कायम गर्न, काठमाडौं उपत्यकामा प्रदूषण हटाउन, विनास भएका जंगललाई पुनः
स्थापित गरी नाङ् गो पहाडलाई हराभरा कायम गर्नुपर्ने आवश्यकता छ ।
१५०. अर्कोतर्फ गोदावरी मार्वलबाट सग्लो मार्वल उत्पादन भएको भन्ने पनि देखिँदैन । यसको
विक्री भएको र यथेष्टरूपमा प्रयोग भएको पनि पाइँदैन । भारतलगायत विदेशबाट आयातित
मार्वलहरूले बजार छाएको देखिन्छ । पूर्व आदेशबमोजिम अदालतबाट भएको निरीक्षणमासमेत
ज्यादै कम मात्रामा र के वल टुक्रे मार्वल उत्पादन भई बढी मात्रामा ढुंगा रोडाको उत्पादन गरेको
देखिएको छ ।
१५१. त्यस्तै यस्तो संवेदनशील क्षेत्रमा खानी उद्योग सञ्चालन गर्नको लागि प्रारम्भिक
वातावरणीय परीक्षण वा वातावरणीय प्रभाव मूल्याङ् कनसम्म पनि गराएको देखिँदैन । साथै विपक्षी
उद्योगले यथेष्ट मात्रामा कर, दस्तुर र रोयल्टी बुझाई राज्यले उल्लेखनीय आर्थिक लाभ लिन सके को
भन्ने पनि देखिएको
छैन । राज्यलाई राजश्व तिर्नुपर्ने अवस्थामा उद्योग घाटामा गएको देखाउने र के वल व्यक्ति मात्र
लाभान्वित भइरहने कु रालाई कु नै पनि दृष्टिकोणबाट उचित मान्न सकिँ दैन ।
१५२. अर्कोतर्फ हरेक खानीको उत्खनन् गर्ने निश्चित आयु हुन्छ । त्यसैले खानी सञ्चालनको लागि
अनुमति प्रदान गर्दा नै समायावधि किटान गर्ने खानी ऐन, २०४२ र नियमावलीको व्यवस्था
बोधगम्य नै छ । साथै खनिज सम्पदा जस्तो राज्यको ट्रष्टीको रूपमा रहेको विषय निरन्तररूपमा एउटै
व्यक्तिलाई दिइरहनु र पाइरहनु पर्ने भन्ने कु रा पनि न्यायोचित
छैन । विपक्षी उद्योगको लिखितजवाफ हेर्दा गोदावरी क्षेत्रमा राणाकालदेखि नै गोदावरी पहाडमा
उत्खनन गरेको भन्ने देखिन्छ । यस हिसावले पनि उद्योगले १०० वर्ष नाघी सके को छ । अहिलेका
विपक्षीले उद्योगको स्वामित्व लिएको पनि तीसौं वर्ष भइसके को भन्ने देखिएको छ । यसरी एउटै
व्यक्तिलाई लामो समयसम्म र त्यो पनि अदालतमा मुद्दा परी विवाद खडा भइरहेको अवस्थामा
त्यसलाई छली उद्योगको म्याद थप गरेको देखिँदा यस्तो कार्यलाई उचित मान्न सकिँ दैन ।
१५३. विपक्षी उद्योग सञ्चालन गर्न दिने वा नदिने सम्बन्धमा संसद, नेपाल सरकार र यसका
निकायहरूबिच नै परस्पर विरोधाभाषपूर्ण दृष्टिकोण रहेको भन्ने देखिन्छ । वन मन्त्रालय र
सोअन्तर्गतका विभागहरूबाट भएको अध्ययनसमेतबाट राष्ट्रिय महत्त्वको र जैविक विविधतायुक्त
गोदावरी वनक्षेत्रमा कु नै पनि खनिज उत्खनन् कार्य गर्न नहुने भन्ने निश्कर्ष प्राप्त भएको देखिन्छ ।
तिनै अध्ययनहरूको आधारमा वन मन्त्रालयबाट मिति २०६५।६।१९ मा विपक्षी गोदावरी मार्वल
उद्योग बन्द गर्ने निर्णय भएको पनि देखिन आउँछ । तर उक्त निर्णय लामो समयसम्म टिक्न नसकी
के ही समयपश्चात् संसदीय समितिको निर्देशनका आधारमा उद्योग पुनः सञ्चालन गर्न दिने निर्णय
भएको देखियो । वन मन्त्रालय र विभागको लिखित जवाफमा उद्योग बन्द गर्नुपर्ने जिकिर लिइएको
पाइन्छ तर उद्योग मन्त्रालय र सोअन्तर्गतको खानी विभाग खानी सञ्चालन गर्न दिनुपर्ने पक्षमा
रहेको पाइन्छ । खानी विभागको लिखित जवाफमा विपक्षी उद्योगका पक्षमा जिकिर लिइएकोबाट
विपक्षी नेपाल सरकारका निकायहरूबिच नै यस विषयमा एउटै दृष्टिकोण बन्न नसके को प्रष्ट देखिन्छ
। संरक्षणीय र संग्रहणीय हुँदा मार्वल होइन सुन वा हिरा नै पाइन्छ भने पनि गोदावरी जस्तो जैविक
१५४. जैविक विविधता र वातावरणमा ह्रास पार्ने कु नै उद्योग सञ्चालन गर्न दिने वा बन्द गर्ने भन्ने
विषयमा राज्यका व्यवस्थापिका र कार्यपालिका तथा कार्यपालिकाअन्तर्गतका निकायहरूबिच
फरकफरक धारणा रहेको पाइयो । यसबाट राज्यको वातावरण र जैविक विविधता संरक्षण नीति दरो
र प्रभावकारी नभएको प्रष्ट हुन्छ । यदि राष्ट्रिय महत्त्वको यस्तो विषयमा राज्यका निकायहरूबिच नै
स्वार्थको द्वन्द्व हुन्छ भने त्यसको लाभ राज्यले नभई अरू नै कसैले उठाउने कु रा निश्चित छ । त्यसैले
वातावरण जस्तो संवेदनशील विषयमा राज्यको एउटै साझा धारणा हुन अनिवार्य छ । यस्तो
महत्त्वपूर्ण विषयमा संसद तथा सरकारकै एउटा निकायको एक थरी धारणा र अर्को निकायको अर्कै
दृष्टिकोण रहनु तथा उद्योग खोल्ने र बन्द गर्ने विषयमा लुकामारी भइरहनु शोभनीय
देखिएन ।
१५५. समग्रमा, प्रकृ तिका हरेक सिर्जना वा वस्तुको अस्तित्व रहिरहनुमा आ-आफ्नै प्राकृ तिक
कारण र महत्त्व हुन्छ । हरेक वस्तुको पृथकपृथक मूल्य र मान्यता रहेको हुन्छ । कसैको निहित
उद्देश्य वा आर्थिक स्वार्थका निमित्त प्राकृ तिक मूल्य मान्यता भत्काउने कु रा स्वीकार्य हुन सक्दैन ।
प्रकृ तिको पहिचान र अस्तित्वसँग जोडिएर रहेका हावा, पानी, वनजंगल र जैविक विविधता जस्ता
विषयहरू कु नै एक पुस्तामात्रका लागि बनेका होइनन् । तिनको कु नै पनि बहानामा क्षयीकरण हुन
दिनु हुँदैन । विकासको नाममा प्रकृ ति तथा यसका अवयवहरूको आधारभूत स्वरूप वा मान्यता
समाप्त गर्ने छु ट कसैलाई पनि
हुँदैन । प्रकृ तिले दिएका उपहारको मूल्यसँग विकासका क्रियाकलापले दिने लाभको तुलना हुन
सक्दैन । त्यसैले भौतिक विकासका क्रियाकलापबाट कु नै ठूलै लाभ हुने रहेछ भनेपनि प्रकृ ति र
वातावरणलाई नकारात्मक प्रभाव पार्ने वा विनास गर्ने क्रियाकलापले निरन्तरता पाउनु हुँदैन ।
१५६. जसरी हामी कु नै विकास वा आर्थिक लाभका निमित्त हाम्रा अमुल्य ऐतिहासिक धरोहर
भत्काउन वा पुर्ने कु रा गर्न सक्दैनौं, त्यसरी नै जैविक विविधताको मूल्यलाई मार्वल वा रोडा ढुंगासँग
साटन सकिन्न । गोदावरी क्षेत्रको धार्मिक र सांस्कृ तिक सम्पदा, जैविक विविधता, लोप हुने
अवस्थामा रहेका चराचुरूङ् गी, पुतली, वनस्पति, पारिस्थितिकीय प्रणाली तथा प्राकृ तिक
सौन्दर्यताको कु नै मूल्य छैन । यस्ता अमूल्य प्राकृ तिक सम्पदाहरू सुदूर पुस्तासम्मका लागि
विविधताको संजीवनी पहाड खोस्रन र भत्काउन पाइँदैन ।
अब रिट जारी र खारेज गर्ने गरी संयुक्त इजलासबाट व्यक्त भएका रायमध्ये के कु न राय कायम हुने
हो वा अन्य के कस्तो प्रकृ तिको आदेश जारी गर्नु उपयुक्त हुने हो भन्ने निर्णय दिनुपर्ने हुन आएको
अन्तिम प्रश्नका सम्बन्धमा विचार गर्नुपर्ने हुनआएको छ ।
१५७. रिट निवेदन व्यहोरा हेर्दा निवेदकहरूले मूलतः विपक्षी गोदावरी मार्वल इण्डष्ट्रिजको खानी
कार्य रोक्का गरी खनिज कार्य गर्ने अनुमति तत्कालदेखि रद्द गर्नु, निषेधितक्षेत्र घोषणा गर्नु,
वातावरण संरक्षणक्षेत्र कायम गर्नु, उद्योगको कारण कृ षकहरूले बेहोर्नु परेको क्षतिपूर्ति उद्योगबाटै
भराउने व्यवस्था गर्नु र उक्त क्षेत्रलाई पूर्वावस्थामा फर्काउन प्रदूषकदेय (Polluters’ pay
Principle) सिद्धान्तको मान्य सिद्धान्तअनुसार विपक्षी गोदावरी मार्वल इण्डष्ट्रिजबाट खर्च भराउनु
भनी विपक्षीहरूका नाममा आदेश हुनुपर्ने भन्नेसमेतको माग गरेको देखिन्छ ।
१५८. विपक्षी गोदावरी मार्वल उद्योगसमेतको लिखित जवाफमा उद्योगले वातावरण संरक्षणका
सम्बन्धमा पर्याप्त उपायहरू अवलम्बन गरिरहेको
छ । सो क्षेत्रको वातावरण विनास नगरेको हुँदा खनिज कार्य गर्ने अनुमति रद्द गर्न मिल्दैन । खानी
तथा खनिज पदार्थ ऐन, २०४२ को दफा १२ बमोजिम खनिज कार्य निषेधितक्षेत्र घोषणा गर्ने
अधिकार खानी विभागलाई र दफा २७ बमोजिम खनिज कार्य रोक्का र अनुमति रद्द गर्ने अधिकार
नेपाल सरकारलाई भएको हुँदा अदालतबाट त्यस्तो अधिकार प्रयोग हुन
सक्दैन । त्यसरी अनुमति रद्द गर्नुपर्दा पनि दफा २७(२) बमोजिम उद्योगलाई मनासिव क्षतिपूर्ति
दिनुपर्ने हुन्छ । स्थानीय बासिन्दाले उद्योगको कारणबाट क्षति पुगेको भनी नआएको हुँदा
सार्वजनिक सरोकारको निवेदनबाट क्षति यकीन गर्न र भराउन नमिल्ने हुँदा रिट खारेज हुनुपर्ने
जिकिर लिएको पाइन्छ ।
१५९. यस अदालतको संयुक्त इजलासमा रहनु भएका माननीय न्यायाधीश शारदा श्रेष्ठले गोदावरी
क्षेत्र जैविक विविधता, प्राकृ तिक सौन्दर्यता र सांस्कृ तिकरूपमा ज्यादै महत्त्वपूर्ण रहेको, विपक्षी
मार्वल उद्योगको सञ्चालन गोदावरी क्षेत्रको पर्यावरणको लागि हानिकारक देखिएको, सूर्यप्रसाद
शर्मा ढुंगेल विरूद्ध गोदावरी मार्वल उद्योगको मुद्दामा जारी भएको आदेशको पूर्ण परिपालना नगरी
अवहेलना गरेको भन्ने निष्कर्षमा पुग्दै उद्योगको खानी सञ्चालन अवधि २०६८ सालसम्म थप्ने
गरी उद्योग वाणिज्य तथा आपूर्ति मन्त्रालयले मिति २०५३।७।११ मा गरेको निर्णय तथा खानी तथा
भूगर्भ विभागको मिति २०५३।६।१६ को पत्र उत्प्रेषणको आदेशद्वारा बदर हुने ठहर्‍याएको देखियो ।
साथै सो उद्योग तत्काल बन्द गरी उद्योगले पारेको नोक्सानीबापत क्षतिपूर्ति भराई उक्त क्षेत्रलाई
फू लचोकी चन्द्रागिरी संरक्षणक्षेत्र घोषणा गर्नु भन्नेसमेत विपक्षी नेपाल सरकारको नाउँमा परमादेश
जारी हुने राय व्यक्त गरेको पाइन्छ ।
१६०. त्यस्तै संयुक्त इजलासका अर्का माननीय न्यायाधीश श्री ताहिरअलि अन्सारीको रायमा
सूर्यप्रसाद शर्मा ढुंगेल विरूद्ध गोदावरी मार्वल उद्योगको मुद्दामा भएको आदेशमा विपक्षी उद्योगलाई
बन्द गर्ने भन्ने उल्लेख नभएको, खानी ऐन लागू र वातावरण संरक्षण ऐनको निर्माण भई खनिज
सम्पदा तथा वातावरण संरक्षण सम्बन्धमा विशेष व्यवस्थासमेत गरिएबाट निर्देशनात्मक आदेशको
परिपालना भएको देखिएको, उद्योगले ISO १४००१ प्रमाणपत्र प्राप्त गरेको, Future Plan प्रस्तुत
गरी वातावरण संरक्षणमा पनि ध्यान पुर्‍याएको, स्थानीयस्तरबाट उद्योग बन्द गर्नुपर्ने आवाज
नउठेको, जल, ध्वनी र वायु प्रदूषणलाई नियन्त्रण गर्दै हरियाली प्रवर्द्धन गर्ने प्रयास गरेको
देखिएकोले कानूनबमोजिम अधिकारप्राप्त अधिकारीले प्रदान गरेको उद्योग सञ्चालनको
इजाजतपत्र रद्द गर्ने गरी उत्प्रेषणको आदेश जारी गर्न नमिल्ने हुँदा रिट खारेज हुने भन्नेसमेत उल्लेख
भएको पाइन्छ ।
१६१. वातावरणीय न्यायको सन्दर्भमा अन्तर्राष्ट्रिय क्षेत्रमा विकसित भएका नवीनतम् अवधारणा,
यस अदालतबाट विकास गरिएको विधिशास्त्रीय मान्यता, गोदावरी क्षेत्रको पर्यावरणीय र
सांस्कृ तिक महत्त्व तथा विपक्षी गोदावरी मार्वलको क्रियाकलापबाट सो क्षेत्रमा परेको असर र त्यस
सम्बन्धमा विद्यमान संवैधानिक र कानूनी व्यवस्थासमेतका सम्बन्धमा क्रमशः माथि पहिलोदेखि
चौथो प्रश्नसम्म विस्तृतरूपमा विश्लेषण भइसके को छ ।
१६२. गोदावरी मार्वलको तर्फ बाट उपस्थित विद्वान् कानून व्यवसायीहरूले उद्योगले पनि व्यवसाय
गर्ने हकलाई कानूनबमोजिम उपभोग गर्न पाउनु पर्छ र त्यो बन्द गर्दा क्षतिपूर्तिको व्यवस्था हुनुपर्छ
भन्ने कु रा उठाउनु भएको पाइयो । तर उक्त विषयवस्तुको निरोपण गर्ने उपयुक्त थलो प्रस्तुत रिट
निवेदन
होइन । यस बारेमा कानूनबमोजिम दाबी गर्न र उपचार लिन उद्योग सक्षम नै रहेकोले यो रिटबाट
उक्त विषयवस्तुको निरोपण गर्न मिलेन ।
१६३. उक्त विवेचित सैद्धान्तिक अवधारणा, वस्तुगत तथ्यहरू र विद्यमान संवैधानिक तथा कानूनी
प्रावधानहरूको समग्र आधारमा प्रदूषण नियन्त्रण र वातावरण संरक्षणको एजेण्डा कु नै एक मुलुक
विशेषको मात्र नभई विश्व समुदायकै साझा चासो, सरोकार र दायित्वको विषय हो भन्ने कु रामा
विवाद देखिँदैन । साथै वातावरण संरक्षणको आडमा विकासका क्रियाकलापहरू बन्दै गर्नुपर्छ भन्नु
पनि समाजको आर्थिक उन्नतिको मार्ग अबरूद्ध पार्नु सरह नै हुने हुँदा विकास र वातावरणबिच
सन्तुलन कायम गरी दिगो विकासतर्फ अगाडि बढ्नु पर्ने कु रामा समेत विवाद भएन । विकास र
वातावरणबिच सन्तुलन कायम गर्न विकासका क्रियाकलापबाट सिर्जित लाभभन्दा वातावरण
प्रदूषणबाट श्रृजित हानीको मात्रा बढी हुन नहुने, विकासका लाभहरूलाई निश्चित वर्ग र व्यक्तिमा
मात्र सीमित हुन नदिई फराकिलो र समन्यायिक ढंगबाट वितरण गर्ने तथा प्राकृ तिक स्रोत
साधनहरूको अधिक दोहन नगरी पुस्तान्तरणको सुनिश्चितता गरिनु पर्ने जस्ता उपायहरू अवलम्बन
हुनुपर्ने मान्यताहरू विकासित हुँदै गएको देखियो ।
१६४. त्यस्तै यस अदालतबाट पनि गोदावरी मार्वलसम्बन्धी प्रस्तुत निवेदनमा नै उठाइएका
विषयहरूसमेतका सम्बन्धमा करिब २७ वर्षअघि उठेको विवादको निरूपण गर्ने क्रमदेखि नै
वातावरण संरक्षणप्रति आफ्नो गम्भिर चासो र सरोकार व्यक्त हुँदै आएको पाइन्छ । वातावरण
संरक्षणसँग सम्बन्धित बागमती नदीको प्रदूषण, इट्टाभट्टाबाट निस्कने धुँवा, धुलो, विक्रम
टेम्पोलगायतका सवारी साधनबाट वातावरणमा परेको असर, कागज कारखानाबाट निस्कने धुवाँ र
फोहर पानीको व्यवस्थापन, ऐतिहासिक र सांस्कृ तिक महत्त्वका क्षेत्रहरूको संरक्षण, जैविक
विविधता र सीमसारक्षेत्रको संरक्षणलगायतका विविध विषयहरूमा यस अदालतबाट नेपाल
सरकारलगायत जिम्मेवार निकायहरूका नाममा विभिन्न प्रकृ तिका आदेशहरू जारी भएको देखिन्छ
। २०५६ को नियम ३२ मा त्यस्ता असरहरू तोकिएको देखिन्छ । विपक्षी उद्योगको क्रियाकलापबाट
१६५. विपक्षी गोदावरी मार्वल अवस्थित फू लचोकी गोदावरी क्षेत्र जलवायु, जैविक विविधता,
प्राकृ तिक सौन्दर्यता, भौगोलिक र भू-गर्भिक अवस्था, पारिस्थिकीय प्रणाली, लोप हुन लागेका
जीवजन्तु, वनस्पति, चराचुरूङ् गी, पुतली आदिको कारणबाट जीवित संग्रहालयको रूपमा रहेको
पाइयो । पुष्प उद्यान, राष्ट्रिय हार्वोरियम, मत्य विकास र मौरी तथा मृग अनुसन्धान एवम्
ICIMODE को के न्द्रलगायतका अध्ययन अनुसन्धान के न्द्रहरू यस क्षेत्रमा रहेको भन्ने देखिँदा
यस क्षेत्रको जैविक विविधता संरक्षणसँग रणनीतिक महत्त्व पनि देखिन्छ । साथै मठमन्दिर,
प्राकृ तिक गुफा, बौद्ध गुम्बा, बाह्रवर्षे मेला लाग्ने कु ण्ड र धारा अवस्थित भएबाट यस क्षेत्रको
ऐतिहासिक र सांस्कृ तिक महत्त्व पनि त्यतिकै रहेको पाइयो ।
१६६. विपक्षी गोदावरी मार्वलले न्यूनिकरणका के ही उपायहरू अवलम्बन गरेको देखिए पनि उद्योग
अवस्थित गोदावरी क्षेत्रको उल्लिखित जैविक, भौगोलिक र भूर्गभिक महत्त्वले गर्दा सुधारका
प्रयासहरू फिका सावित भएका देखिन्छन् । साथै सो क्षेत्रको मार्वलको गुणस्तर तथा भण्डारण राम्रो
नभएको, थोरै मार्वल निकाल्न बढी मात्रामा ढुङ् गा उत्खनन् गर्नुपर्ने र विपक्षी उद्योगले मार्वलभन्दा
पनि ढुङ् गा उद्योगका रूपमा काम गरिरहेको देखिएको
छ । विपक्षी उद्योगले प्रदान गरेको सीमित रोजगारी र बुझाएको राजश्वको तुलनामा पर्यावरणीय
दृष्टिकोणबाट अति संवेदनशील सो क्षेत्रमा परेको क्षति अपुरणीय देखिएको हुँदा त्यसको संरक्षण गर्नु
नै मानव समुदायको बृहत हितको लागि अपरिहार्य भएकोले विकासका क्रियाकलापहरू
अघिबढाई रहनु कु नै पनि दृष्टिकोणबाट न्यायोचित देखिएन ।
१६७. नेपालको अन्तरिम संविधान, २०६३ को धारा १२(१) ले सम्मानपूर्वक बाँच्न पाउने हक र
धारा १६(१) ले स्वच्छ वातावरणमा बाँच्न पाउने हकलाई मौलिक हककै रूपमा राखेको देखिन्छ ।
वातावरण स्वच्छ राख्न जैविक विविधता संरक्षण गर्दै सन्तुलित र दिगो विकास गर्नुपर्ने गरी
संविधानको धारा ३५(५) ले राज्यको नीति निर्दिष्ट गरेको
पाइन्छ । खानी तथा खनिज पदार्थ ऐन, २०४२ को दफा ११क. ले खनिज कार्य गर्दा वातावरणमा
उल्लेखनीय प्रतिकू ल असर पार्न नहुने व्यवस्था गरी खानी तथा खनिज पदार्थसम्बन्धी नियमाली,
उक्त कानूनी व्यवस्था प्रतिकू ल गोदावरी क्षेत्रको वातावरणमा उल्लेखनीय प्रतिकू ल असर पुर्‍याएको
भन्ने पनि देखियो । साथै ऐनको दफा १२ मा सार्वजनिक हित र ऐतिहासिक महत्त्वका क्षेत्रलाई
खनिज कार्य निषेधितक्षेत्र घोषणा गर्न सकिने व्यवस्था भई वातावरण संरक्षण ऐन, २०५३ को दफा
१० बमोजिम यस क्षेत्रलाई संरक्षित क्षेत्रको रूपमा विकास गर्नुपर्ने देखियो ।
१६८. निवेदनमा विपक्षी उद्योगको खानी सञ्चालन अवधि २०६८ सालसम्म थप्ने गरी विपक्षी
उद्योग वाणिज्य तथा आपूर्ति मन्त्रालयले मिति २०५३।७।११ मा गरेको निर्णय तथा खानी तथा
भूगर्भ विभागको मिति २०५३।६।१६ को पत्र बदरसमेतको माग गरिएको देखिए पनि सोको अवधि
नै समाप्त भइसके को देखिएको र पछिबाट थप गरिएको निर्णय पत्राचारहरू लगाउको रिट
निवेदनबाट बदर भएको हुँदा औचित्य नभएको विषय बदर हुने भनी निवेदन मागबमोजिम
उत्प्रेषणको आदेश जारी गरिरहनु परेन ।
१६९. तसर्थ वातावरणीय न्यायको उपरोक्त सैद्धान्तिक अवधारणा, यस अदालतबाट वातावरण
संरक्षणका सम्बन्धमा प्रतिपादित भएका नजिर सिद्धान्त, संवैधानिक र कानूनी व्यवस्था र
फू लचोकी गोदावरी क्षेत्रको जैविक महत्त्व र विपक्षी मार्वल उद्योगको क्रियाकलापबाट त्यस क्षेत्रको
पर्यावरणमा परेको उल्लेखनीय प्रतिकू ल असरसमेतको सन्दर्भमा नेपालको अन्तरिम संविधान,
२०६३ को धारा १०७ को उपधारा (२) बमोजिम देहायको आदेश जारी हुने ठहर्छः
(१) फू लचोकी गोदावरी क्षेत्रको जलवायु, जैविक विविधता, प्राकृ तिक सौन्दर्यता, भौगोलिक र
भौगर्भिक अवस्था, पारिस्थिकीय प्रणाली र ऐतिहासिक, धार्मिक, सांस्कृ तिक महत्त्वसमेतका कारण
त्यस क्षेत्रमा खानी तथा खनिज कार्य सञ्चालन गर्नु खानी तथा खनिज पदार्थ ऐन, २०४२ को दफा
२७ को उपदफा (१) र खानी तथा खनिज पदार्थ नियमावली, २०५६ को नियम ४३ को देहाय (घ)
अनुसार बृहत सार्वजनिक हित प्रतिकू ल हुने देखिएकोले सोही ऐनको दफा १२(१) बमोजिम
गोदावरी क्षेत्रलाई खनिज कार्यका लागि निषेधितक्षेत्र घोषणा गरी खानी कार्य तत्कालैदेखि बन्द गर्नू
गराउनू र अब उप्रान्त कसैलाई पनि त्यस्तो अनुमति नदिनू भनी विपक्षी नेपाल सरकार प्रधानमन्त्री
तथा मन्त्रिपरिषद्को कार्यालय, उद्योग वाणिज्य तथा आपूर्ति मन्त्रालय र खानी तथा भूगर्भ
विभागका नाउँमा निरन्तर प्रकृ तिको परमादेश (Continious Mandamus) जारी हुन्छ ।
(२) विपक्षी गोदावरी मार्वल उद्योगले लामो समयसम्म गरेको खानी तथा खनिज कार्यबाट त्यस
क्षेत्रको भू-सतहमा परेको प्रतिकू ल असर, पर्यावरण र जैविक विविधतामा परेको क्षतिसमेतको
यथार्थ र वास्तविक स्थिति पहिचान गरी त्यसबाट सृजित नकारात्मक असरलाई न्यूनिकरण गर्दै सो
क्षेत्रलाई पूर्ववत प्राकृ तिक अवस्थामा फर्काउनको लागि गर्नुपर्ने संरक्षण र सुधारका कार्यहरू तथा
संरक्षणक्षेत्र वा आरक्ष वा निकु ञ्ज वा जे जो उपयुक्त हुन्छ सोको घोषणा गरी त्यसको उचित
व्यवस्थापन र सञ्चालनसमेतको लागि गरिनु पर्ने आवश्यक कानूनी र नीतिगत प्रवन्ध, कार्यक्रम र
स्रोत साधन व्यवस्थापनसमेतका सम्बन्धमा रायसहितको सुझाव दिन वन मन्त्रालय, वातावरण
मन्त्रालय, खानी तथा भूगर्भ विभागका प्रतिनिधिका साथै सम्बन्धित विषयका कम्तिमा दुईजना
विज्ञ सम्मिलित समिति बनाई यो आदेश प्राप्त भएको मितिले छ महिनाभित्र अध्ययन अनुसन्धानको
कार्य सम्पन्न गर्नू गराउनू भनी विपक्षी प्रधानमन्त्री तथा मन्त्रिपरिषद्को कार्यालयसमेतका नाममा
आदेश जारी गरिएको छ ।
(३) उपरोक्तबमोजिमको समितिको सिफारिसलाई मध्येनजर गरी पर्यावरण संरक्षणका दृष्टिले
अतिमहत्त्वपूर्ण फू लचोकी गोदावरी क्षेत्रको जलवायु, जैविक विविधता, प्राकृ तिक सौन्दर्य,
भौगोलिक र भौगर्भिक अवस्था, पारिस्थिकीय प्रणाली, दुर्लभ एवं सङ् कटापन्न जीवजन्तु र
वनस्पति र ऐतिहासिक धार्मिक सांस्कृ तिक महत्त्वसमेतका दृष्टिकोणबाट सो क्षेत्र र मानव बस्तीको
बिचमा सीमा कायम गरी ती सबैको नक्सा खडा गरी उक्त क्षेत्रलाई वातावरण संरक्षण ऐन, २०५३
को दफा १०(१) अनुसार यो आदेश प्राप्त भएको मितिले एक वर्षभित्र संरक्षितक्षेत्र वा अन्य
प्रचलित नेपाल कानूनबमोजिम आरक्ष वा निकु ञ्ज वा जे जो उपयुक्त हुन्छ घोषणा गर्नू भनी नेपाल
सरकार प्रधानमन्त्री तथा मन्त्रिपरिषद्को कार्यालय, जनसंख्या तथा वातावरण मन्त्रालय र वन तथा
भू-संरक्षण मन्त्रालयको नाउँमा परमादेश जारी गरिदिएको छ ।
(४) उपरोक्त खण्ड (क), (ख) र (ग) बमोजिमको समय सीमाभित्र कार्य सम्पन्न नभएसम्म आदेश
कार्यान्वयनको अद्यावधिक प्रगति विवरण वातावरण मन्त्रालय र बन मन्त्रालयबाट हरेक तीन-तीन
महिनामा पेस गर्न लगाउनू ।
(५) आदेश कार्यान्वयनको निमित्त महान्यायाधिवक्ताको कार्यालयमार्फ त सम्बन्धित निकायमा
पठाई सोको नियमित अनुगमन यस अदालतको अनुगमन तथा निरीक्षण महाशाखाले गर्नू ।
उक्त रायमा सहमत छौं ।
न्या. गोविन्दकु मार उपाध्याय
न्या. जगदीश शर्मा पौडेल
इजलास अधिकृ त:- विश्वनाथ भट्टराई
इति संवत् २०७२ साल वैशाख ३ गते रोज ५ शुभम् ।
APPENDIX – J
Origin of Environmental Science From Vedas
Shashi Tiwari
vL;ka çLrqrkS ysf[kdk osnsH;%
i;kZoj.kfoKkuL;ks‰oa lçek.ka çn'kZ;frA
nSoh çÑfr%] ÍrqjgL;a] çi×p& foHkkx%]
i`fFkO;kfnHkwrkuka lEçR;;%] ;KL;ko/kj.kk
bR;knhu~ fo"k;ku~ çfrik| i;kZoj.klaj{k.ks
rs"kka LFkkua p foo`.kksfr çLrks=khA
The Vedas are the first texts in the library of mankind. They are
universally acknowledged to be the most precious Indian Heritage. The
antiquity to the Vedic civilization is debated to a great extent but indeed
there is no civilization known to humanity with such antiquity as Vedic
Aryan Civilization. The so-called Aryans would have originated in the
Aryavarta. N. J. Lockyer has declared: šThe Vedas, in fact, is the oldest
book in which we can study the first beginnings of our language and of
everything which is embodied in all the languages under the sun.›1 The
Vedas deal with knowledge, the knowledge of all sorts. They cover
knowledge both physical and spiritual. They are source of all knowledge
according to Manusmriti.2 Especially the Vedic views revolve around the
concept of nature and life. The visions of the beauty of life and nature in
the Vedas are extremely rich in poetic value. Perhaps nowhere else in the
world has the glory of dawn and sun-rise and the silence and sweetness
of nature, received such rich and at the same time such pure expression.
The symbolical pictures projected there remain close to life and nature.
The most authoritative among the four Vedas is called the Rigveda. Each
Vedic verse has one or more sages (Rishis) and deities (Devatas)
associated with it. Generally, Rishis are supposed to be the recipient of
knowledge revealed in the verses and Devatas are supposed to be the
gods in whose praise verses are revealed.
The oldest and simplest form of Nature-worship finds expression in Vedic
texts. Many scholars have come to the conclusion that the Vedas are
primarily concerned with cosmology, however, they are not in a position
to show that Vedic cosmology has the solutions to the most difficult
problems of modern cosmology. 3 Some say, like dramas are played to
remember history, the process of various shrauta yajnas describes the
science of Cosmology. 4 The Vedic hymns are full of statement, ideas and
unusual images which contain truths of all sciences. Here, knowledge is
couched in symbolic language and unless the symbols are decoded, the
real purport of the mantras cannot be understood. The only point is that
Vedas need to be studied and interpreted, not in a pedantic manner, but
in their propoer perspective and in relevant context. The tripartite model
of knowledge at the basis of the kymns helps in heir understanding.
Generally indication of most of the principles is there in their earliest
from. Often expressions of ideas are enveloped with the shade of
symbolism. The approach of Vedic seers is truly comprehensive. They do
not visualize in parts. They do not elaborate subjects as is done in current
education. But at the same time, grandeur and brevity of the Vedas are
not found in the disciplines of modern science. The Vedas and disciplines
of modern science are rather complementary and not contradictory. If
modern science is seen or read through Vedic eyes, the students will be
much benefited. Students of science may search the earliest of the ideas
about any discipline in the Vedic literature. In recent days, environmental
science and ecology are disciplines of modern science under which study
of environment and its constituents is done with minute details. As
Science, they are establihshed in 20th century, but their origin can be
seen long back in the Vedic and ancient Sanskrit literature. The concepts
of environment differ from age to age, since it depends upon the
condition, prevalent at that particular time. In this paper, an effort is
made to find out the awareness of ancient Indian people about the
environment. As Sanskrit literature is so wide we refer here mainly to
Vedic texts, particularly the Vedic Samhitas. The Environment (Protection)
Act, 1986 defines the environment as follows: ‘Environment includes
water air and land and the inter-relationship which exists among and
between water, air and land and human beings, other living creatures,
plants, micro organisms and property’5 From the above definition, it can
be briefly.
said that environment consists of two components namely biotic (living
organisms) and abiotic (non-living materials) factors. The living organisms
can be grouped into three types - those living mainly on land, in water
and in air. The non-living materials of the environment are land, air,
water, property etc. In modern Sanskrit, the word Paryavarana is used for
environment, meaning which encircles us, which is all around in our
surroundings. But in the Atharvaveda words equivalent to this sense are
used; such as Vritavrita, 6 Abhivarah, 7 Avritah, 8 Parivrita 9 etc. Vedic
view on environment is well-defined in one verse of the Atharvaveda
where three coverings of our surroundings are referred as Chandamsi :
‘Wise utilize three elements variously which are varied, visible and full of
qualities. These are water, air and plants or herbs. They exist in the world
from the very beginning. They are called as Chandansi meaning ‘coverings
available everywhere.’10 It proves the knowledge of Vedic seers about
the basic elements of environment. According to one indigenous theory
established in the Upanishads, the universe consists of five basic
elements³viz.,1. earth or land, 2. water, 3. light or lustre, 4. air, and 5.
ether. 11 The nature has maintained a status of balance between and
among these constituents or elements and living creatures. A disturbance
in percentage of any constituent of the environment beyond certain
limits disturbs the natural balance and any change in the natural balance
causes lots of problems to the living creatures in the universe. Different
constituents of the environment exist with set relationships with one
another. The relation of human being with environment is very natural as
he cannot live without it. From the very beginning of creation he wants to
know about it for self protection and benefit. I. VEDIC APPROACH TO
ENVIRONMENT The Vedic Aryans were children of nature. They studied
nature’s drama very minutely. Sand-storm and cyclone, intense
lightening, terrific thunderclaps, the heavy rush of rain in monsoon, the
swift flood in the stream that comes down from the hills, the scorching
heat of the sun, the cracking red flames of the fire, all witness to power
beyond man’s power. The Vedic sages felt the greatness of these forces.
They adored these activities. They appreciated these forces. They
worshiped and prayed them due to regard, surprise and fear. They
realized instinctively that action, movement, creation, change and
destruction in nature are the results of forces beyond men’s control. And
thus they attributed divinity to nature.
(1 ) Divinity to Nature: Rigvedic hymns could be divided into many parts,
but their main part belongs to Natural hymns, the hymns related with
natural forces. Yet Vedic gods are explained in different ways by the
scholars of India and West, but speaking generally, the hymns addressed
to deities (Devata) are under the influence of the most impressive
phenomenon of nature and its aspects. The word Devata means divine,
dignity which is bright, strong, donor, and powerful. In these hymns we
find prayers for certain natural elements such as air, water, earth, sun,
rain, dawn etc. The glorious brightness of the sun, the blaze of the
sacrificial fire, the sweep of the rain-storm across the skies, the
recurrence of the dawn, the steady currents of the winds, the violence of
the tropical storm and other such natural energies, fundamental activities
or aspects are glorified and personified as divinities (Devata). The
interaction with nature resulted in appreciation and prayer but, indeed,
after a good deal of observation. Attributes assigned to deities fit in their
natural forms and activities, as Soma is green, fire is bright, air is fast
moving and sun is dispenser of darkness. The characteristics of these
forces described in the verses prove that Vedic seers were masters of
natural science. In Vedic view, this world consists of Agni i.e., fire or heat
and Soma i.e. water. 12 Sun (Surya) is the soul of all which is moving and
also of which is not moving.13 Indra is most powerful god who kills Vritra,
the symbol of cloud to free waters. Vritra means one who covers and is
derived from the root vri, to cover. R.R.M. Roy opines that the main force
of expansion in the Vedic cosmology is Indra, and his chief adversary, the
main force of contraction, is Vritra. 14 Maruts are Indra’s associates.
Vedic seers pray boldly to these natural forces and aspects for bestowing
plenty and prosperity on them. Aditi is praised as Devamata, the mother
of all natural energies and she symbolizes the Nature. A famous geologist
S.R.N. Murthy has written on the earth sciences in the Vedas. He has
somehow a different opinion about Vedic gods and hence states, ‘the
natural geological aspects have been described as Indra, Agni, Vayu,
Varun, Usas etc. 15 (2) Cosmic Order ‘Rita’ and Varuna: In the Vedas, the
order of the Universe is called ‘Rita.’ Rita reduces chaos to cosmos, and
gives order and integration to matter. It also gives symmetry and
harmony in the environment. Hence the conception of Rita
has an aesthetic content too; it implies splendour and beauty. It is for this
reason that the Vedic gods, upholding Rita, are all lawful, and beautiful
and good. Their beauty is a significance attribute. Rita is defined variously
by scholars in different Vedic contexts, but in general sense it has been
elaborated as great ‘cosmic order’ which is the cause of all motion and
existence, and keeps world in order. No one can ignore it,16 even gods
are abided by the ‘Rita’ and they are born of Rita. It is controlling and
sustaining power. It sustains sun in the sky. 17 Rita as Universal Law
governs everything in the cosmos. The whole of the manifested universe
is working under Rita. S.R.N. Murthy assumes it as a law of gravitation in
simple form. According to H.W.Wallis ‘The principle of the order of the
world, of the regularity of cosmic phenomena, was conceived by the
Rishis to have existed as a principle before the manifestation of any
phenomena. The phenomena of the world are shifting and changeable,
but the principle regulating the periodical recurrence of phenomena is
constant; fresh phenomena are continually reproduced, but the principle
of order remains the same; the principle, therefore, existed already when
the earliest phenomena appeared.’ 18 In the Vedas, Varuna is depicted as
the Lord of Rita, the universal natural order. He is sovereign god, great
king, law-maker and ruler of cosmos and even of the gods. Basically, he is
regarded as the Lord of water and ocean but chiefly he controls and
keeps the world in order. From his throne on high he looks down upon all
that happens in the world, and into the heart of man.19 ‘By the law of
Varuna heaven and earth are held apart. He made the golden swing, the
sun to shine in heaven. He has made wide path for the sun. By his
ordinances the moon shining brightly moves at night, and the stars placed
up on high are seen at night but disappear by day. He causes the rivers to
flow. As a moral governor Varuna stands far above any other deity. 20
Thus, the concept of Varuna represents the consciousness of Vedic seers
in respect to controlling and balancing the natural forces in environment.
(3) Division of Universe: Vedic seers have a great vision about universe.
The universe is made on scientific principles, and that’s why it is well
measured. The universe consists of three intertwined webs, Prithivi,
Antariksha and Dyau. Vedic scientists divided
even the length in three calling them upper, medium and lower. The
tripartite division of the universe into three regions³Prithivi, the earth,
Antariksha, the aerial or intermediate region which is between heaven
and earth, and Dyau, the heaven or sky is very well established in the
Vedic literature. Prithavi can be given a scientific name ‘observer space.’
It is our space, the space in which we live and die, whatever we can see
and observe. From one end of the universe to the other end is the
expanse of Prithivi, and that is what the name Prithivi means: the broad
and extended one. Dyau can be termed ‘Light space’ because light
propagates in this space. Antariksha can be termed as ‘Intermediate
space’ as this space exists in between observer space and light space. A
verse from the Yajurveda states that the division of universe was done on
a subtle level, and not on gross level.21 The Vedic sages had the
capability of looking at such a subtle level, which is beyond the reaches of
modern science. Here; in reference to environmental study, we regard
the division of the universe as the most important concept of the Vedas.
Though a large number of gods are described in the hymns, and it is very
difficult to arrange them in different classes, but Yaska in his Nirukta talks
about three Gods: Agni in earth, Vayu or Indra in atmosphere and Sun in
heaven. Each one of them is known by various names depending on the
different actions performed.22 These three gods are three major forms of
energy, fire on earth, air in intermediate space and light in upper region.
Other energies of those regions are related to or under them. So
generally gods are classified in three groups called upper, middle and
lower, and, therefore, provide a system to study atmosphere and its all
aspects. Regarding global harmony, Vedic seers always pray for the
welfare of all creatures and all regions. II. CONCEPT OF THE EARTH
‘PRITHVI’ The concept of the form of the earth in the Rig-veda is most
fascinating. It is mostly addressed along with the heaven into a dual
conception (Rodasi, Dyavaprithivi). There is one small hymn addressed to
Prithivi, while there are six hymns addressed to Dyavaprithivi. Prithivi is
considered the mother and Dyau is considered the father in the Vedas,
and they form a pair together. One of the most beautiful verse of the Rig-
veda says, ‘Heaven is my father, brother atmosphere is my navel, and the
great earth is my mother.’23 Heaven and earth are parents: Matara,
Pitara, Janitara 24 in union while separately called as father and mother.
They sustain all creatures. They
are parents of all gods. They are great (Mahi) and widespread. Earth is
described as a goddess in Rig-veda. In the Atharvaveda, the earth is
described in one hymn of 63 verses. This famous hymn called as
Bhumisukta or Prithivisukta indicates the environmental consciousness of
Vedic seers. The seers appear to have advanced understanding of the
earth through this hymn. She is called Vasudha for containing all wealth,
Hiranyavaksha for having gold bosom and Jagato Niveshani for being
abode of whole world. She is not for the different races of men alone but
for other creatures also. 25 She is called Visvambhara because she is
representative of the universe. She is the only planet directly available for
the study of the universe and to realize the underlying truth. This is wide
earth which supports varieties of herbs, oceans, rivers, mountains, hills
etc. She has at places different colours as dark, tawny, white. She is raised
at some place and lowered at some places. The earth is fully responsible
for our food and prosperity. She is praised for her strength. She is served
day and night by rivers and protected by sky. The immortal heart of earth
is in the highest firmament (Vyoma). Her heart is sun. ‘She is one
enveloped by the sky or space and causing the force of gravitation. She is
described as holding Agni. It means she is described as the geothermal
field. She is also described as holding Indra i.e., the geomagnetic field.
The earth is described then as being present in the middle of the oceans
(sedimentary rocks) and as one having magical movements.’26 The hymn
talks about different energies which are generated from the form of the
earth.³‘O Prithivi! thy centre, thy navel, all forces that have issued from
thy body- Set us amid those forces; breathe upon us.’27 Thus, the earth
holds almost all the secrets of nature, which will help us in understanding
the universe. She is invested with divinity and respected as mother³‘The
earth is my mother and I am Her son.’ 28 The geographical demarcations
on this earth have been made by men and not by nature. III. CONCEPT OF
WATER ‘APAH’ Water is essential to all forms of life. According to Rig-
veda the water as a part of human environment occurs in five forms: 1.
Rain water (Divyah) 2. Natural spring (Sravanti) 3. Wells and canals
(Khanitrimah) 4. Lakes (Svayamjah) 5. Rivers (Samudrarthah) 29
There are some other classifications also in the Taittiriya Aranyaka,30
Yajurveda31 and Atharvaveda32 as drinking water, medicinal water,
stable water etc. Chandogya Upanishad describes about qualities of
water³‘The water is the source of joy and for living a healthy life. It is the
immediate cause of all organic beings such as vegetations, insects,
worms, birds, animals, men etc. Even the mountains, the earth, the
atmosphere and heavenly bodies are water concretized.’ 33 The cycle of
water is described. From ocean waters reach to sky and from sky come
back to earth.34 Rainwaters are glorified. The rain-cloud is depicted as
Parjanya god. The fight between Indra and Vritra is a celebrated story
from the Rig-veda. It is explained in many ways. According to one view it
is a fight for waters. Indra is called Apsu-jit or conquering the waters,
while Vritra is encompassing them. Vritra holds the rain and covers
waters and thus being faulty is killed by Indra through his weapon called
Vajra i.e., thunderbolt. The Indra-Vritra fight represents natural
phenomenon going on in the aerial space. By the efforts of Indra all the
seven rivers flow. The flow of water should not be stopped and that is
desired by humanity. The significance of water for life was wellknown to
Vedic seers. They mention -Waters are nectars.35 Waters are source of all
plants and giver of good health.36 Waters destroy diseases of all sorts. 37
Waters are for purification.38 It seems that later developed cultural
tradition of pilgrimage on the river-banks is based on the theory of
purification from water. The ancient Indians knowing water as a vital
element for life, were very particular to maintain it pure and free from
any kind of pollution. The Manusmriti stresses on many instances to keep
water clean.39 The Padma Purana condemns water pollution forcefully
saying, ‘the person who pollutes waters of ponds, wells or lakes goes to
hell.’ 40 IV. CONCEPT OF AIR ‘VAYU ’ The observer space is the abode of
matter particles, light space is the abode of energy and the intermediate
space ‘Antariksha’ is the abode of field. The principal deity of Antariksha
is Vayu. Jaiminiya Brahmana quotes,’ Vayu brightens in Antariksha.’ Field
is another form of energy and, therefore, Yajurveda says,’ Vayu has
penetrating brightness.’ The meaning of Vayu is made clear in Shatapatha
Brahmana in the following Mantra, ‘Sun and rest of universe is woven in
string. What is that string, that is Vayu.’ This verse clearly shows that here
Vayu cannot mean air alone.
Apparent meaning of Vayu is air. The Vedic seers knew the importance of our ancient sages prayed for a noble mind free from bad ideas. The
air for life. They understood all about air in the atmosphere and also logicians recognize Manas as one of the nine basic substances in the
about the air inside the body. The Taittiriya Upanishad throws light on universe. 50 The mind is most powerful and unsteady. Although the study
five types of wind inside the body: Prana, Vrana, Apana, Udana and of mind does not appear directly under the contents of modern
Samano Air resides in the body as life. 42 Concept and significance of air environmental science but in reference to cultural environmental
is highlighted in Vedic verses. Rigveda mentions³‘O Air! You are our consciousness of Vedic seers, we
father, the protector. 43 Air has medicinal values44 ‘Let wind blow in the
find many ideas discussed in Vedic literature on the pollution of mind and
form of medicine and bring me welfare and happiness.’45 Medicated air
its precautions. 51 VII. ANIMALS AND BIRDS Animals and birds are part of
is the international physician that annihilates pollution and imparts health
nature and environment. It is natural, therefore, that Vedic seers have
and hilarity, life and liveliness to people of the world. Hilly areas are full
mentioned about their characteristics and activities and have desired
of medicated air consisted of herbal elements. Another verse describes
their welfare. Rig-veda classifies them in three groups -sky animals like
characteristics of air³‘The air is the soul of all deities. It exists in all as life-
birds, forest animals and animals in human habitation.52 All the three
breath. It can move everywhere. We cannot see it. Only one can hear its
types of living creatures found in the universe have distance environment
sound. We pray to air God.46 Ancient Indians, therefore, emphasized that
and every living creature has an environment of its own. But when we
the unpolluted, pure air is source of good health, happiness and long life.
look from man’s perspective all of them constitute his environment.
Vayu god is prayed to blow with its medicinal qualities. V. CONCEPT OF
There is a general feeling in the Vedic texts that animals should be safe,
ETHER ‘AKASHA’ Modern environmentalists discuss sound or noise
protected and healthy.53 Domestic animals, as well as wild animals along
pollution. There is a relation between ether and sound. The sound waves
with human beings should live in peace under the control of certain
move in sky at various frequencies. Scientist could see the sky which
deities like Rudra, Pushan etc. Vedic people have shown anxious
exists only in the vicinity of earth, but Taittirya Upanishad throws light on
solicitude for welfare of their cattle, cows, horses etc. The cow as the
two types of ether i.e: one inside the body and the other outside the
symbol of wealth and prosperity, occupied a very prominent place in the
body. 47 The ether inside the body is regarded as the seat of mind. An
life of the people in Vedic times. 54 VIII. PLANTS AND HERBS ‘OSHADHI’
interesting advice to the mankind is found in the Yajurveda³‘Do not
The knowledge about the origin and significance of plants can be traced
destroy anything of the sky and do not pollute the sky Do not destroy
out from Vedic Literature in detail. In Rigveda one Aranyani sukta is
anything of Antariksha.’ 48 Sun shines in Dyuloka and we get light from
addressed to the deity of forest.55 Aranyani, queen of the forest,
sky. The sunrays strengthen our inner power and are essential for our life.
received high praise from the sage, not only for her gifts to men but also
Thus importance and care for ether is openly mentioned in the Vedic
for her charm. Forests should be green with trees and plants. Oshadhi
verses. VI. CONCEPT OF MIND ‘MANAS’ Many prayers are found in Vedas
Sukta of Rig-veda addresses to plants and vegetables as mother, ‘O
requesting the God to keep the mind free from bad thoughts, and bad
Mother! Hundreds are your birth places and thousands are your
thinking. In this regard the Shivasankalpa Sukta of Yajurveda is worth
shoots.’56 The plants came to existence on their earth before the
mentioning.49 considering the havoc that the polluted minds may create,
creation of animals. 57 Chandogya Upanishad elaborates šwater have
generated plants which in turn generated food.58 The Atharvaveda
mentions certain names of Oshadhis with their values. Later this
information became important source for the Ayurveda. The Rig-veda
instructs that forests should not be destroyed.59 The Atharvaveda talks
about the relation of plants with earth, ‘The earth is keeper of creation,
container of forests, trees and herbs.’60 Plants are live.61 There is an
important quotation in a Purana which says, ‘One tree is equal to ten
sons.’62 The Atharvaveda prays for continuous growth of herbs,³‘O Earth!
What on you, I dig out, let that quickly grow over.’63 And another prayer
says, ‘O Earth! Let me not hit your vitals.’64
The ‘Avi’ element referred in the Atharvaveda, as the cause of greenness
in trees, 65 is considered generally by Vedic scholars as ‘Chlorophyll.’ The
term ‘Avi’ is derived from the root ‘Av’ and thus gives the direct meaning
of ‘protector.’ Hence, plants were studied as a part of environment and
their protection was prescribed by the Vedic seers. IX. CONCEPT OF
SACRIFICE ‘YAJNA’ The sacrifice ‘Yajna’ is regarded as an important
concept of Vedic philosophy and religion but when we study it in its
broader sense, it seems to be a part of Vedic environmental science.
Yajurveda and Rigveda describe it as the ‘navel (nucleus) of the whole
world.’ 66 It hints that Yajna is regarded as a source of nourishment and
life for the world, just as navel is for the child. Vedas speak highly of
‘Yajna.’ Through it, seers were able to understand the true meaning of
the Mantras. 67 All sorts of knowledge was created by Yajna. 68 It is
considered as the noblest action.69 In simple words, Yajna signify the
theory of give and take. The sacrifice simply has three aspects: Dravya
(material), Devata (deity) and Dana (giving). When some material is
offered to a deity with adoration, then it becomes Yajna. Pleasing deity
returns desired material in some different forms to the devotee. This
Yajna is going on in the universe since beginning of the creation and
almost everywhere for production and, also for keeping maintenance in
the world. Even the creation of universe is explained as Yajna in the
Purusha Sukta. Thus, the concept of Yajya seems to be a major principle
of ancient environmental science. In environment all elements are inter-
related, and affect each other. Sun is drawing water from ocean through
rays. Earth gets rain from sky and grows plants. Plants produce food for
living beings. The whole process of nature is nothing but a sort of Yajna.
This is essential for maintenance of environmental constituents. The view
that Yajna cleans atmosphere through its medicinal smoke, and provides
longevity, breath, vision etc., is established in Yajurveda.70 Few scholars
have attempted to study the scientific nature of the Veclic Yajnas. 71
Undoubtedly, they have never been simple religious rituals, but have a
very minute scientific foundation based on fundamental principles.
According to Vedic thought, Yajna is beneficial to both individual and the
community. Yajna helps in minimizing air pollution, in increasing crop
yield, in protecting plants from diseases, as well as in providing a disease-
free, pure and energized environment for all, offering peace and
happiness of mind. Moreover, Yajna serves as a bridge between
X.CO-ORDINATION BETWEEN ALL NATURAL POWERS Modern Indian
Scientists should be astonished and also feel proud of our ancestors for
their knowledge and views about environment. Ancient seers knew about
various aspects of environment, about cosmic order, and also about the
importance of co-ordination between all natural powers for universal
peace and harmony. When they pray for peace at all levels in the ‘Shanti
Mantra’ they side by side express their believe about the importance of
coordination and interrelationship among all natural powers and regions.
The prayer says that not only regions, waters, plants trees, natural
energies but all creatures should live in harmony and peace. Peace should
remain everywhere. The mantra takes about the concord with the
universe³špeace of sky, peace of mid-region, peace of earth, peace of
waters, peace of plants, peace of trees, peace of all-gods, peace of
Brahman, peace of universe, peace of peace; May that peace come to
me!›72 CONCLUSION From the above detailed discussion, some light is
thrown on the awareness of our ancient seers about the environment,
and its constituents. It is clear that the Vedic vision to live in harmony
with environment was not merely physical but was far wider and much
comprehensive. The Vedic people desired to live a life of hundred years
73 and this wish can be fulfilled only when environment will be
unpolluted, clean and peaceful. The knowledge of Vedic sciences is meant
to save the human beings from falling into an utter darkness of ignorance.
The unity in diversity is the message of Vedic physical and metaphysical
sciences. Essence of the environmental studies in the Vedas can be put
here by quoting a partial Mantra of the Ishavasyopanishad ‘One should
enjoy with renouncing or giving up others part.74 Vedic message is clear
that environment belongs to all living beings, so it needs protection by all,
for the welfare of all. Thus the study proves the origin of environmental
studies from the Vedas.
References
1. N.J. Lockyer, The dawn of Astronomy, Massachusetts, Institute of
Technology, p. 432. 2. lo± osnkr~ çflè;frA Manusmriti 2.7. 3. Raja Ram
Mohan Roy, Vedic Physics, Scientific Origin of Hinduism, Golden Egg
Publishing, Toronto, 1999, p.6. 4. Yudhishthira Mimansaka, Vaidika
Siddhanta Mimansa, Sonipata, 1976, p. 40. 5. A.R. Panchamukhi, Socio-
economic Ideas in Ancient Indian Literature, Rashtriya Sanskrit Sansthan,
Delhi, 1998, p.467. 6. o`rko`rk] Atharvaveda 12.1.52 7. vHkhokj%] Ibid,
1.32.4. 8. vko`rk, Ibid, 10.1.30 9. ijho`rk% Ibid. 10.8.31 10. =khf.k
PNUnkafl do;ks fo ;sfrjs iq#:ia n'kZra fo'op{k.keA vkiks okrk
vkS"k/;LrkU;sdfLeu~ Hkqou vk£irkfuAA Ibid 18.1.17 11. bekfu
i×pegkHkwrkfu i`fFkoh] ok;q% vkdk'k% vkiT;ksrhf"kA Aitareya Upanishad
3.3 12. vfXulksekReda txr~A 13. lw;Z vkRek txrLrLFkq"k'pA Rigveda
1.115.1 14. Raja Ram Mohan Roy, Vedic Physics, Scientific Origin of
Hinduism, Golden Egg Publishing, Toronto, 1999, p.58 15. S.R.N. Murthy,
Vedic View of the Earth, O.K. Printworld, New Delhi, 1997, p.12. 16. Íra
ukR;sfr fd×puA Taittiriya Brahmana 1.5.5.1 17. ÍrsukfnR;kfLr"BfUrA
Rigveda 10.85.1. 18. H.W. Wallis, the Cosmology of the Rigveda , Cosmo
Publications, 1999, pp.94-95 19. Ibid. pp.91-101; Rigveda 1.25.7,9,11, 20.
A.A. Macdonell, A History of Sanskrit Literature,’ MLBD, 1965, pp.61- 62.
21. Yajurveda 7.5 22. Nirukta 7.5 23. |kSesZ firk tfurk ukfHkj=k cU/qesZ
ekrk i`fFkoh egh;e~A Rigveda 1.164.33 24. ekrjk] firjk] tfurkjkA Rigveda
1.159,160 25. Roa fcHk£"k f}in% Roa prq"in%A Atharvaveda
12.1.15;12.1.45 26. S.R.N. Murthy, Vedic View of the Earth, D.K,
Printworld,Delhi, 1997, p.87 27. Ùks eè;a i`fFkfo ;Pp uH;a ;kLr mQtZLrUo%
lacHkwoq%A rklq uks /sfg vfHk u% ioLoAA Atharvaveda 12.1.12.; RTH
Griffith, The Hymns of the Atharvaveda, D.K.Publishers, Delhi, 1995, VaLli,
P 95 28. ekrk Hkwfe% iq=kks vga i`fFkO;k%A Atharvaveda, 12.1.12.
29. ;k vkiks fnO;k mr ok lzofUr [kfuf=kek mr ok ;k% Lo;atk%A leqækFkkZ ;k
% 'kqpk;% ikodkLrk vkiks nsohfjg ekeuUrqA Rigveda 7.49.2. 30. Taittiriya
Aranyaka 1.24.1-2. 31. Yajurveda 22.25. 32. Atharvaveda 1.6.4. 33.
Chandogya Upanishad 7.10.1 34. vi% leqækn~ fnoeqn~ogfUr
fnoLi`fFkohef/ ;s l`tfUrA Atharvaveda, 4.27.4. 35. ve`r ok vki%A
Shatapatha Bra. 1.9.3.7. 36. vki% fo'oHks"kth%A Rigveda 1.23.20 37.
Hks"kthjkiks vehopkruh%A Rigveda 10.87.6 38. ifo=ka okvki%A
Shatapatha Bra. 1.1.1.1 vki% ifo=keqP;UrsA Nurukta 5.6.2 39. Manusmriti
4.56 40. lqdwikuka rM+kxkuka çikuka p ijariA ljlka pSo HkSÙkkjks ujk
fuj;xkfeu%AA Padmapurana, Bhimi 96.7.8 41. Raja Ram Mohan Roy, Vedic
Physics, Scientific Origin of Hinduism, Golden Egg Publishing, Toronto,
1999, p. 84; Jaiminiya Bra. 1.192; Yajurveda 1.24; Shatapatha Bra.
8.7.3.10 42. ok;qgZ ok çk.kks HkwRok 'kjhjekfo'kr~A Taittiriya Upanishad,
2.4 43. mr okr firkfl u%A Rigveda 10.186.2 44. vk ok okfg Hks"kte~A Ibid,
1.37.2 45. okr vk okrq Hks"kra 'kaHkq e;ksHkq uks g`nsA Ibid 10.186.1 46.
vkRek nsokuka HkqouL; xHkksZ ;Fkko'ka pjfr nso ,"k%A ?kks"kk bnL; Yajurveda 36.1; Atharvaveda 19.9.94; A.C.Bose, The Call of the Vedas,
Ük`f.ojs u :ia rLeS okrk; gfo"kk fo/seA Ibid 10.168.4 47. l ; ,"kks vUrgZn; Bhartiya Vidya Bhavan, Mumbai,1999, p.281 73. those 'kjn% 'kre~A
vkdk'k%A lqofjR;lkSA Taittiriya Upanshad 1.6.1; 1.5.1 48. |ka ek Atharvaveda 19.67.1 74. rsu R;Drsu Hkq×thFkk%A Iishavasyopanishad,
ys[khjUrfj{ka ek ¯glh%A Yajurveda 5.43 49. Ibia, 34.1-6 50.
Tarkasamgrahah 2 51. Nandita Singhavi, Veda Me Paryavarana, Sonali Appendix –K
Publications, Jaipur, 2004, pp. 313- 356 52. Rigveda 10.90.8 53. Yajurveda
19.20, 3.37; Atharvaveda 11.2.24 54. N.M. Kansara, Agriculture and Humankind, today, finds himself at a point in
Animal Husbandry in the Vedas, Nag Publishers Delhi, 1995, pp. 126-138
55. Rigveda 10.146 56. 'kra oks vEc /kekfu lglzeqr oks #g%A Rigveda,
history environmental crisis.
10.97.2 57. ;k vks"k/h% iwokZ tkrk nsosH;fL=k;qxa iqjkA Ibid, 10.97.1 58. that is critical in terms of the very nature of
rk vUuel`tUrA rL;k|=k Dopu o"kZfr rnso Hkwf;"BeUua HkofrA Chandogya
Up. 6.2.4
the In this respect, after discussing basic
concepts of
59. oukfu u% çtfgrkfuA Rigveda, 8.1.13 60. eUækxzsRojh HkqouL; xksik o
relationship to the natural world, as the
human activities environmental ethics and
uLirhuka x`fHkjks"k/huke~A Atharvaveda 12.1.57 61. ;su çk.kfUr oh#/%A
Ibid 1.32.1 ;Fkk o`{kks ouLifrLrFkSo iq#"kks e`"kkA Brihadaranyaka Up.
approaches, this paper aims to
3.9.28 62. n'kiq=kleks æqe%A Padmapurana 1.44.455 63. ;r~ rs Hkwes over the last century have so affected natural
fo[kukfe f{kça rnfi jksgrqA Atharvaveda, 12.1.35 64. ek rs eeZ foe`XojhA world that elaborate some of the Islamic
Ibid 12.1.35 i`fFkoh ekrekZ ¯glh ek vga Roke~A Yajurveda 10.23 65. vfooSZ
uke nsork - - - - rL; :is.kses o`{kk% gfjrk% gfjrlzt%A Atharvaveda 10.8.31; principles and perspective
Kapil Dev Dwivedi, Vedic Sahitya Avam Sanskriti, Varanasi, 2000, p.337 the environment upon which life depends has
66. v;a ;Kks fo'oL; HkqouL; ukfHk% Yajurveda13.62; v;a ;Kks HkqouL;
ukfHk%A Rgveda 1.164.35 67. ;Ksu okp% onoh;ek;u~A Rigveda 10.71.3 been on environmental ethics in the light of
68. rLekn~ ;Kkr~ loZgqr Íp% lkekfu tfKjs Ibid, 10,90.9 69. ;Kks oS Js"Brea the Qur'anic verses
deZA Shatapatha Bra. 1.7.1.5 70. vk;q;ZKsu dYirke~A çk.kk ;Ksu dYirke~A
p{kq;ZKs; dYirke~A Yajurveda 9.21 71. M.L.Gupta, The Cosmic Yajna,
altered [1]. It seems that this environmental
Samhita Books Jaipur, 1999, pp.46-47 72. |kS% 'kkfUrjUrfj{ka 'kkfUr crisis started and Islamic narrations (hadith).
i`fFkoh 'kkfUrjki% 'kkfUrjks"k/;% 'kkfUr%A ouLir;% 'kkfUr£o'osnsok%
'kkfUrczZg~e 'kkfUr% loZ 'kkfUr% 'kkfUrjso 'kkfUr% lk ek 'kkfUrjsfèkA
when modern man stopped understanding
himself as the
'vicegerent' and 'trustee' of the All-Merciful
and stopped Environmentalethics-Concepts
and Approaches: The
understanding nature as a sacred sign and
valuable word "ethics" comes from the
Greek word "ethos"
trust from God. For the same reason, then it
indicates that meaning "habit" or "custom".
Defining ethics mean "rules
the best way to protect the environment from
destruction for behavior in accordance with a
system of values".
and, indeed, to improve its condition is to
revive these Yang, a noted
environmentalist, says "environmental
forgotten understandings by referring back
to the ethics deals with the ethical problems
surrounding
teachings and instructions of divine
religions and environmental protection and it
aims to provide ethical
reviewing and re-adjusting our policies
regarding the justification and moral
motivation for the issue of global
application of modern technology andusing
natural environmental protection" [7].
According to Bourdeau [8],
resources appropriately [3]. Therefore, in
the environmental ethics is that part of
applied ethics which
environmental discourse, it has often been
argued that examines the moral basis of our
responsibility toward the
what is really needed to solve the present
ecological environment.
crisis is the 'environmental ethics' [4], Since
the ethics is While many western
philosophers and

essentially based on intrinsic value and
beliefs, religions environmentalists have
written on this topic throughout
have been getting more recognized to define
proper history, environmental ethics only
developed into a
environmental ethics mainly because they try
to illuminate specific philosophical discipline
in the 1970s due to the
what possessed intrinsic value [5]. Islam, as a
complete increasing awareness of the
effects that technology
industry, economic expansion and population growth is believed that the
environmental crisis is a religious or were having on the environment.
However, answering the moral one and getting return back to religious
tradition is question of "what obligations do human have concerning the
main. Therefore, the time is more propitious to the natural environment?
Is remained most important [9]. investigate of the potential solutions of
particular Western solutions of such problems have generally been
religions toward mitigating the environmental crisis, by purely based on
materialistic approaches without any developing more comprehensive
environmental ethics for linkage with metaphysical doctrines [10]. The
following the earth community; this reality helps us to go forward to
section will briefly look at western environmental ethics other center of
value can be found in 'theocentrism'- a God approaches. centered
approach to the world solution [5]. Approaches to Environmental Ethics:
In the west a wide world view-to offer us as it is the summation of all past
spectrum of ethical positions is covered by the umbrella teachings and
provides us with a positive code of life term 'environmental ethics' [11].
Philosophers and transactions in the natural state and perhaps provides
the environmental ethicists have adopted ethical positions only
satisfactory alternative to the destructive path we are with regard to
nature which include: anthropocentrism, taking today. The Qur'an and
the Hadith of the Prophet biocentrism, liberation/rights theory and
ecocentrism [8]. (peace be upon him), being the main sources of Islamic
The four schools of environmental ethics disagree mainly teachings, show
us the way [14]. on the scope of the duty humans have towards others
[13]. Islam on Nature: The Islamic view of nature is neither From an
anthropocentric (human-centered) point of based on ecocentrism nor
anthropocentrism, but is view, humans have a moral duty only towards
one essentially theocentric (God-centered) [15], wherein it is another;
any duty, they seem to have towards other believed that everything in
the universe is created by species or entities is really only an indirect duty
towards God. The Qur'anic portrayal of nature, as found in other people.
There is no ethical implication in the numerous verses, is multifaceted
[16]. The Qur’an relationship between humans and nature [7].
emphatically declares that nature is created by One, the Animal
liberation/rights theory propounds that the Allah: notion of rights and
duties should be extended to the animal and biological kingdom. The
supporters of animal There is no God but He, the Creator of all things
rights argue that, like humans, some non-human animals (Qur'an 6:102).
have consciousness or self awareness and a capability of reasoning [5].
Therefore, they have rights that precede This Oneness of Allah frames the
understanding of other’s interests [7]. nature and links nature of the
divine, but do not make it Biocentrism recognizes the intrinsic value of life
and divine as pointed earlier in the introduction. Nature stands living
beings, regardless of their instrumental value for as a sign of God
Almighty’s creation. Since, the Creation mankind [8], it maintains that all
life forms are 'moral or nature is referred to as the signs (ayat) of Allah
and entities' to which we should accord equal moral this is also the name
given to the verses of the Qur’an. consideration [7, 11]. ‘Ayat’ means
signs, symbols or proof of the divine. As Ecocentrism advocates that
environmental ethics the Qur’an says: should give due consideration to
ecosystems, including their non-living natural objects, since forests, lakes,
There are certainly signs in the earth for people wetlands, etc. are
valuable in their own right and deserve with certainty; and in yourselves.
Do you not then moral consideration [8]. Ecocentrism dramatically
expands see? (Qur'an 51:20, 21). the definition of what is a 'moral entity'
to include nature as a whole [7]. Therefore, Qur’an invites people to
ponder over their Many believe that separation between worldly living
environment [17]; for nature is characterized by duality, and religion is
the main root of environmental crises. They whereas God is characterized
by Unity (Tawhid) [16]. argue that religions help to shape our attitudes
towards Many verses in the Qur’an speak of respecting and nature and
other human beings. Religious values and reflecting on God’s glory in His
creations (Qur'an 50:6; ethical beliefs form behavior toward others,
including our 21:30; 13:2; 6:73). One verse clearly states this relationship
relationship with all creatures like plant and animal life. It between God
the Creator and the creation [18]:
The seven heavens and the Earth and all beings Fifth, Humans are not the
only creatures that are therein, Declare His glory: There is not a thing but
celebrates His praise (Qur'an 33: 72). Therefore, the distinction between
the Creator and created makes the latter in Islam (e.g. nature, animals,
humans and other creatures) a unified class of God’s creation. The
Prophet Muhammad (peace be upon him), in regard to God’s creation
said, "all creatures are God’s dependents and the most beloved to God
among them is the one that does good to God’s dependents." These
dependents, though diverse, have five characteristics in common. First, all
creation is a reflection of God’s sacredness, glory and power [18, 3]. The
Qur’anic verse notes about such creation: Whithersoever you turn there
is the Face of God (Qur'an 11:115). Second, God’s creation is meaningful
and orderly, has purpose, value, wisdom and function [1, 17, 19, 20]. The
Qur’anic verses say: And the Earth we have spread out; set therein
mountains firm and immovable; and produced therein all kinds of things
in due balance (Qur'an15:19); And look for his Creation for any
discrepancy! And look again! Do you find any gap in its system? Look
again! Your sight, having found none, will return to you humbled (Qur'an
67:3–4). Third, the created world is Muslim [17, 4]; actualized to worship
and obey God [18, 19]. Hence, the Qur’anic verse states: See thou not
that to Allah bow down in worship all things that are in the heavens and
Earth, the sun, the moon, the stars; the hills, the trees, the animals; and a
great number among humankind (Qur'an 22:18). Fourth, God has made
water the basis and origin of life [18, 1]. The Qur’anic verse says: We
made from water every living thing (Qur'an 12:30) worthy of protection
and recognition in Islam. All that Allah has created are 'nations' or
'communities' unto themselves [19, 18]. As the Qur'an states: There is not
an animal (that lives) on Earth. Nor a being that flies on its wings, but
(forms a part) of a community like you (Qur'an 6:38). Therefore, one
immediate conclusion, from an environmentalist perspective, is that
every individual creature or being has its own metaphysical existence as a
sign of God and by its very being manifests and reveals His majesty and
mercy. Said Nursi-a contemporary Turkish Muslim thinker-views nature as
'the book of the universe'. He views the universe "as a whole and a
meaningful book of the Eternally Besought One; and all beings from the
ground to the Divine Throne are a miraculous collection of Divine
missives…. and since they act as mirrors to and have a relationship with
that Sovereign, the value of all things infinitely surpasses their individual
value" [10]. According to Seyyed Hossain Nasr, an Iranian intellectual,
nature is “the theatre wherein are manifested His signs" [17].Therefore,
from the above discussion, it is evident that every creature deserves
attention and consideration for its relation to the divine [17, 20]. Thus,
Ozdemer [17] points that; a different view of nature––which is unique to
the Islam––emerges. The Muslim lives in a world that is alive, meaningful,
purposeful and more importantly, Muslim like himself, even prostrating
itself before God. The immediate result is the discovery of the wholeness
of all creation and integration with it, physically and spiritually. When a
devout Muslim looks at his environment, everything seems to be
somehow familiar and friendly. Moreover, everything is a symbol and a
sign, pointing to an all-wise and all-merciful creator. A believer of Islam is
always aware of the fact that: "Our Lord is He who gave to each (created)
thing its form and nature and further gave (it) guidance." (Qur’an 20:50).
Therefore, in order to get a holistic world view of Islam's concern with
non-human beings, it is necessary to know Islam's attitude towards
animal and plant kingdom. Islam's Attitude Towards Animals and Plants:
Islam looks upon these created beings, both animals and plants, in two
ways:
As living beings in their own right, glorifying Allah Therefore, man should
not abuse, misuse, or distort and attesting to His power and wisdom; the
natural resources as each generation is entitled to As creatures subjected
in the service of man and benefit from them, but is not entitled to 'own'
them in an other created things, fulfilling vital roles in the absolute sense
[1, 6]. Further, Shomali [3] maintains that development in this world [1].
Islam opposes mischief and corruption in all forms. Any Therefore, Islam
enjoins human beings certain human beings or living beings or even non-
living beings, obligations towards these living creatures; for humans as
has been said that "the earth can provide for will be responsible on the
Day of Judgment, how they everybody's need, but not enough for one
man's greed" have treated these creatures. The owner of an animal is [4].
The Qur’an says: obliged to feed it and to treat it if it is ill. The Prophet
Muhammad (peace be upon him) said: "God punished a Do no mischief
on the earth, after it has been set in woman because she imprisoned a cat
until it died of order, but call on Him with fear and longing (in hunger. She
neither fed it, nor let it obtain its own food" your hearts): for the Mercy
of God is (always) near [6]. Even, when the prophet Muhammad (peace
be upon to those who do good (Qur'an 7:56). him) was asked, "Is there a
reward doing good with these animals"? He said, "There is a reward in
doing good to Moreover, Bagader et al [1] write "While the attitude every
living thing". In another hadith, the Prophet of Islam to the environment,
the sources of life and the Muhammad (peace be upon him) says that: "If
without resources of nature is based partly on prohibition of good reason
anyone kills a sparrow, or a creature lesser abuse, it is also based on
construction and sustainable than that even, the living creature will put
his complaint to development" [22]. This integration of the development
God on the Day of judgment, saying: 'So-and-So killed me and
conservation of natural resources appears in the idea for no purpose'" [1,
6]. of bringing life to the land and causing it to flourish Regarding the
plants, the Prophet Mohammad through agriculture, cultivation and
construction. (peace be upon him) also declared in a hadith, "If any
Hence, the right to utilize and harness natural Muslim plants a tree or
sows a field and a human, bird or resources necessary involves an
obligation on man's part animal eats from it, it shall be reckoned as
charity from to conserve then both quantitatively and qualitatively. him".
Even if doomsday was expected imminently, human beings would be
expected to continue their good Islamic Principles of Environmental
Ethics: The key behavior. The Prophet said: "If the day of resurrection
Islamic teachings concerning nature and the environment comes upon
anyone of you while he has a seedling in closely follow those dealing with
the Islamic hand, let him plant it" [21, 1, 6]. This hadith, maintains
understanding of humanity. Thus, the eco-ethical Al-Damkhi, summarizes
the principles of Islamic principles discussed below are well-known
concepts environmental ethics. related to the Islamic worldview on the
nature, meaning Attitude Towards Other Natural Resources: According
with the Creator and its interaction with the rest of to Islam, Allah has
bestowed all the resources of nature humanity, the world and its
creatures [15]. which all human beingsrequire in order to fulfill their
objectives such as contemplation and worship, Principle of Unity
(Tawhid): Any discussion of ethics in sustainable use and enjoyment and
appreciation of beauty apart from securing their basic biological needs.
Allah has ordained sustenance for all people and for all living beings. Thus
the utilization of these resourceswater, land, forests, minerals, etc.-is the
right and privilege of all people and all species. Man should not regard
such use as restricted to one generation above all other generations [1].
This is confirmed in the Qur'an: And you devour the inheritance (of
others) with devouring greed (Qur'an 89: 19). act of mischief is
condemned, whether it be in respect to and value of life, particularly
humankind’s relationship Islam must, of necessity, start with an
exposition of the concept of Tawhidthat exemplifies the oneness and
unity of Allah: the recognition that there is one, absolute, transcendent
Creator of the universe and all that it contains. As an ethical rule,
Tawhiddictates the acceptance of God as the only source of all values. As
such, Tawhidis the matrix for human thought and action; it is all-pervasive
and penetrates every aspect of our endeavors. It is the guiding principle
of religion and ethics, politics and social behavior, epistemology and
science and at the center of Muslim curiosity regarding
the nature [21, 23, 24]. According to Lubis [19], Tawhidis And lo! Your
Sustainer said to the angels: Behold, the fundamental statement of the
oneness of the Creator, from which everything else follows. It is the
primordial testimony to the unity of all creation and to the
interdependence of the natural order of which humanity is an intrinsic
part. Many verses in the Qur'an confirm this reality. Allah Says in the
Qur'an: To Him belongs whatever is in the heavens and the earth all obey
His will and it is He who originates creation… (Qur'an 30:25). In Another
Verse, Allah Says: What is in the heavens and the earth belong to Allah.
Allah encompasses everything (Qur'an 4:125). The whole of creation-the
work of one Originatorworks within a defined pattern. Another verse in
the Qur'an refers to the heavens and the Earth as extensions of Gods
throne, thus conveying the idea that creation was designed to function as
a whole. Each of its complementary parts, including humankind, plays its
own self-preserving role and in so doing supports the rest [19]. Unto Him
belongs all that is in the heaven and all that is on the earth and all that is
between them and under the ground (Qur'an 20:6). Thus, Tawhid is the
point of origin of a theological doctrine of ecology. All things seen or
unseen are God’s signs (ayat), as discussed earlier and act as witnesses to
His existence [24]. Moreover, Khalid [30] says Tawhidis the 'bedrock of
the holistic approach in Islam' as it affirms the interconnectedness of the
natural order, the creation of One God. Tawhidalso indicates that an
understanding of the metaphysical aspects of the Creator has profound
implications for ethical conduct for humans are enjoined to act morally in
obedience to Him and in fulfillment of His commands. Therefore, from
Tawhidemerge the concepts of khilafa and amana-will set out the
purpose and nature of human conduct on earth [21, 24]. Principe of
Trusteeship (Khilafah): This principle relates to human vicegerency or
'Khilafah' on earth. The Islamic worldview is that God created humankind
and bestowed upon it a position of a steward or trustee on Earth,
referred to as a Khalifa. The term Khalifa is derived from the verbal root
khalafa meaning 'he came after, followed, succeeded' [24, 19, 6]. This is
confirmed in the following Qur'anic verses: I am about to establish upon
earth a Khalifa. (Qur'an 2:30) In Another Verse, Allah Says: It is He Who
appointed you Khalifs on this earth” (6:167). Of the nine times, says Lubis
[19], the word Khalifa and its plural are found in the Qur'an; seven times
it is used in conjunction with the prefixed fi al-ardh or on earth, on this
planet. In each case it refers to a person, people, or mankind in general,
to whom Allah has entrusted part of His power on earth. The term Khalifa
has also been translated as steward, deputy, viceroy, guardian and
vicegerent. Vicegerency covers every aspect of life and essentially tests
humanity’s just exercise of authority over those within their stewardship,
including nature [15]. Thus, a Khalifa takes on a trust and must hold it in
harmony with the wishes of its grantor, Allah, making human beings
vicegerents and not lords and masters of the earth in a dictatorial sense.
This principle, as discussed by Muslim environmental scholars, portrays
men and women as trustees or stewards, who are provided with bounties
that should be enjoyed within limits [15]. Principle of Responsibility: In
the contextof the concept of Khalifa, a related term is amana or trust.
Allah offers amana to the heavens, to the earth, to the mountains-to the
rest of creation–but they all refused; only a human being took the risk of
accepting it [6, 19]. As Allah says in the Qur'an: Verily, We did offer the
amana to the heavens and the earth and the mountains; but they refused
to bear it Yet man took it - for, verily, he has always been prone to
tyranny and foolishness (Qur'an 33:72). Allah offered the trust to man,
the trustee and he accepted the responsibility. Man chose the amana, the
faculty of choice and relative free will and gained thereby the capacity to
live for good or evil. As Khalifa on earth, says Lubis [19], man must fulfill
that trust placed on him by Allah, by acting justly in accordance with
Allah's laws, or be false to that trust and perpetuates tyranny and
injustice against Allah's earth and His creation.
For He it is Who has made you Khalifa on earth,and upon him) to say:
"Whosoever plants a tree and diligently has raised some of you by
degrees above others,so looks after it until it matures and bears fruit is
rewarded" that He might try you by means of what He has and "If a
Muslim plants a tree or sows a field and men and bestowed on you.And
thereupon We made you their beasts and birds eat from it, all of it is a
charity on his Khalifa on earth,so that We might behold how you part".
Environmental consciousness is born when such act (Qur'an 6:165).
values are adopted and become an intrinsic part of our However, this
metaphysical exaltation of humans is linked to a weighty moral burden-to
adhere to a code of Current Problems and Future Perspectives: Today,
action reflecting the best social behavior and highest however, it has
been observed that some of the most ethical values. These ethical
horizons incorporate not marvelous environmental problems in the world
are found only humankind, but all generations and all created in countries
where the majority of the inhabitants are beings. Humankind thus needs
to use the foresight, Muslim [28]. Then it must now be asked that if the
wisdom and knowledge which they have been granted to teachings of
Islam concerning the natural order as guide the way in which they use
natural resources [15]. outlined above are still alive and do offer models
for This is confirmed, states Lubis [19], by part of a increased
environmental responsibility among Muslims hadith, reported by Abu
Sa'îdKhudri, that Allah's [29], why then are such severe environmental
ethics Messenger (peace be upon him), said: "The world is violated by
Muslims themselves? And why are the sweet and green (alluring) and
verily Allah has installed current degradation and future dangers facing
the as Khalifa in it in order to see how you act." In another environment
mainly connected with Muslim countries? hadith, writes Mohamed [15],
the Prophet Muhammad Why are the Islamic environmental ethics
neither more (peace and be upon him) so eloquently uttered: "Each of
evident in the voices from the Islamic world which have you is a shepherd
and will be answerable for those under been and are heard in the West,
nor more effective in the his care." practical realm in preventing
ecological disasters than in The concepts of khilahaf (man's vicegerency)
and other parts of the globe? And what should Muslims do to amana
(trusteeship) summarize the entire Islamic rationale discontinue this
violation of environmental ethics? These for an ecological ethic, since
nature being an estate four questions need urgent attention from Muslim
belonging to God, has been given to humankind merely as scholars as
future dangers and events in Islamic nations, a trust [21, 25]. Moreover,
Ammar [18] adds that Humans especially in the Middle East, have the
potential to create in Islam have a dual relationship with nature. On the
one environmental impacts of major magnitude [6, 29]. hand, they are
nature’s manager, but they are also its As a response to the questions,
many scholars have user. The Qur’anic verse notes: diagnosed the poor
environmental record among the Do you not see that Allah has subjected
to your violation "is certainly not due to lack of money or (use) all things
in the heavens and on Earth and appropriate technology, but due to a
clear rift between the has made his bounties flow to you in exceeding
theory of Islamic environment and planning and the measure, both seen
and unseen (Qur'an 31:20). practices that exist in the Muslim world". The
reason for This dual role of the Khalifa, vicegerent, creature of makers in
the Muslim countries are separated from their God and user of Earth
creates the moral burden for religious and cultural roots and even from
their own Muslims, is one of the important tests in reaching the people.
Timberlake further maintains that almost all Gardens of Heaven [18, 21,
26]. Thus, the Man’s position Muslim nations as dictatorial regimes of
which none could in the cosmic system created by God is unique in rights
as truly be described as 'Islamic' and believed that a well as in
responsibilities [27]. leadership divorced from its people will be divorced
from So from the above discussion, it is clear that unity, the environment
of the people. Such environment will trusteeship and responsibility-
tawhid, Khalifa and suffer from neglect; and from the gross misuse of
money amana- the three central concepts of Islam, are also the and
manpower. pillars of the environmental ethics of Islam. They Similarly,
Nasr [29], argues that Islam lies hidden constitute the basic values taught
by the Qur’an. It is behind the cover of Western cultural, scientific and
these values which led the Prophet Muhammad (peace be technological
ideas and practices emulated and aped to
various degrees of perfection, or rather of imperfection, by Although, in
the wake of the environmental Muslims during the past century and a
half. For Khalid awareness in the late seventies, Western scholars have
[28], The main reason for this is that the Earth once adopted their own
approaches being based purely on considered by humankind to be sacred
has now been materialism, range from human-centric (anthropocentric)
reduced to an exploitable resource since the conceptual to non-human-
centric (ecocentric), but Islam's approach, construct which the modem
world functions within, is theocentric (God-centered) -being holistic and
decidedly anti-environment. Society today is about comprehensive aims
at the universal common good for all economic progress and material
gain and this takes created things. precedence over everything else [14,
31]. The paper also briefly studied the Muslim nations Therefore,
Manzoor [25], a noted critic, advocates apathy towards the environment,
paper maintained that that for the Muslim world the answer to the
current due to the man's greed and egoism, he has lost his environmental
dilemma lies in entirely going forward to connection with the nature; he
has forgotten his role as a the environmental ethics of Islam; in giving a
practical vicegerent and trustee on earth. The paper advocates that shape
to the environmental dictates of the Holy Qur’an the core issues of
environmental ethics is to rethink the and Sunna by producing legislation
in such areas as 'place' of human beings on Earth and the relationship
that pollution, conservation and urbanization and returning to they
should have with nature. Discussing the role Islamic the environmentally
conscious traditions and lifestyles of ethical principles of Unity, Trustee
and Responsibility, the Islam. Further elaborating this, Nasr explains that
in paper finds that Islamic teachings enhance environmental practical
terms the Islamic world must carry out two consciousness of the people,
which enables them to extensive Programs despite all the obstacles
placed before establish friendly relationship with the nature and the it by
external factors. The first concerns formulating and environment. making
clearly known in a contemporary language the perpetual wisdom of Islam
concerning the natural order, REFERENCES its religious significance and
intimate relation to every phase of man's life in this world. The second
program is to 1. Bagader, A.A., A.T.E. El-Sabbagh, M.A. Al-Glayand,
expand the awareness of Islamicteachings concerning M. Izzi-
DeenSamarrai and O.A. Llewellyn, 1994. ethical treatment of the natural
environment and apply Environmental Protection in Islam. 2nd them
whenever necessary, according to the principle of edition.IUCN
Environmental Policy and Law Paper the Islam itself [29]. 20. Gland: IUCN,
pp: viii. Hence, Religious awareness and Islamic guidance 2. Not in the
sense that nature is divine but because it should be employed in all
possible means at all levels to has a link with the Divine Unity. call all
individuals to commit themselves to Islamic ethics, 3. Shomali,
Mohammad, 2008. "Aspects of morals and manners in dealing with
nature, the Environmental Ethics: An Islamic Perspective." environment
and the natural resources for their www.thinkingfaith.org (retrieved on
10 December sustainable use and development [1]. 2013). CONCLUSIONS
Islamic Perspective." The Muslim Lawyer 4 In summary, today, in the
world view of Global%20Environment%20Relations.pdf. environmental
crisis, Islam has a very special to offer to 5. Sarvestani, Ahmad Abedi and
Shahvali, the world to avert this multifaceted crisis. We believe that
Mansoor, 2008. "Environmental Ethics:Towards an the environmental
crisis is a moral one. The paper studied Islamic Perspective." American-
Eurasian that Islam provides very efficient ethical principles to deal
Journal of Agricultural and Environmental with the environmental crisis.
The essence of such Islamic Sciences, 3(4): 609-617. based environmental
ethics is that all the resources upon 6. Al-Damkhi, A.M., 2008.
"Environmental Ethics in which life depends have been created by God as
a trust Islam: Principles, Violations and Future (amana) in our hands. Man,
the vicegerent (Khalifa) of Perspectives."International Journal of God on
earth, is only a manager of resources not a Environmental Studies, 65(1):
11-31. http://dx.doi. proprietor, a beneficiary and not a disposer.
org/10.1080/00207230701859724.
7. Yang, T., 2006. "Towards an Egalitarian Global 18. Ammar, Nawal,
2005. "Islam and eco-justice." In The Environmental Ethics."In
Environmental Ethics and Encyclopedia of Religion and Nature, edited
International Policy. Paris: UNESCO. http:/ byBronR.Taylor, pp: 862-866.
London: Thoemmes /publishing. unesco. org/chapter/978-2-3-104039-0.
Continuum. pdf (retrieved on 10 December, 2013). 19. Lubis, Abdur-
Razzaq, 1998. "Environmental 8. Bourdeau, P., 2004. "The Man-Nature
Ethics in Islam." Cross Boundaries. December Relationship and
Environmental Ethics." 16, 2013. http://www. mandailing. org/ Journal of
Environmental Radioactivity, Eng/envethics.html. 72: 9-15. 20. Agwan,
A.R., 2000."Environment." In Encyclopaedia 9. IEP, Internet Encyclopaedia
of Philosophy, s.v. of the Qur'ân, vol.1, eds. Singh Dr. N. K, Agwan A.
"Envoronmental Ethics" accessed December 31, R. Delhi: Global Vision
Publishing House. 2013, http://www.iep.utm.edu/natlav. 21. Sardar,
Ziauddin, 2006. How Do You Know? Reading 10. Yucel, Salih, 2011. "Said
Nursi’s Approach to the ZiauddinSardar on Islam, Science and Cultural
Environment: A Spiritual View on the Book of Relations, edited by Ehsan
Masood. London: Pluto Universe. "January 01, 2014. http://www.nur.
Press. org/en/Islam/nurlibrary/?Page=ContactForm&ItemI 22.
Sustainable Development is a new concept of D=111633. development
that emphasizes the integration of 11. Palmer, Clare, 2012. "An Overview
of Environmental environmental conservation and economic growth.
Ethics. In Environmental Ethics: Readings in Theory Previously, the
concept of development was and Application" Sixth Edition, eds. Louis P.
Pojman, synonymous with economic growth, which can be Paul Pojman,
10-35. US: Clark Baxter. quantified by certain parameters such as Gross
13. See for example Sarvestani and Shahvali, (2008, 609), Domestic
Product (GDP). they write that these views arise from philosophical 23.
Musaji, Sheila, 2012. "Environment & Ecology in considerations about
what has moral standing Islam".TAM article collection. December 05,
possesses intrinsic or value and why. Two types of
2013.http://theamericanmuslim.org/tam.php/feature values have been
associated with all the things: the s/print/environment_ecology. intrinsic
value and the instrumental value, wherein 24. Atiya and Hussain, Irshaad.
2004. "Man and instrumental value means useful for man to obtain
Ecology: Towards an Ethic of Environment. something else. For example,
nature has instrumental "November 30,2013. http://www.
Islamfrominside. value if man sees the nature as a source for
com/Pages/Articles/Ecology%20Environment%20a satisfying his/her
needs. The environment has nd%20Islam.html#slideout. intrinsic value
when it is valued for itself not for 25. Manzoor, S.P., 1984. "Environment
and Values: others. The Islamic Perspective." In The Touch of Midas: 14.
Khalid, F., 1998. "Islam, Ecology and the World Science, Values and the
Environment in Islam and Order." In Islam and the Environment, the
West, ed. Z. Sardar, 150-169. Manchester: 15. Mohamed, Najma,
2012."Revitalising an Eco-Justice Manchester University Press. Ethic of
Islam by way of Environmental 26. Zaidi, Iqtidar, H., 1981. "Onthe ethics
of man's Education: Implications for Islamic Education." interaction with
the environment: An Islamic PhD dissertation, Stellenbosch University.
approach." Environmental Ethics. December 30, http://scholar.sun.ac.za.
2013. http://philpapers.org. 16. Baker, Ilyas, 1998. "The Flight of Time,
Ecology and 27. Dutton, Yasin, 1998. "Islam and the Environment: a
Islam." In Islam and the Environment, edited by H. Framework for
Enquiry." In Islam and The Abdel Haleem, 75-89. London: Ta-Ha
Publishers. Environment, edited by H. Abdel Haleem, pp: 56-74. 17.
Özdemir, I., 2003. "Toward an Understanding of London: Ta-Ha
Publisbers. Environmental Ethics from a Qur’anic Perspective." 28. Foltz,
Richard, C., 2005. "Islam."In The In Islam and Ecology: A Bestowed Trust,
eds. R.C. Encyclopedia of Religion and Nature, edited by Foltz, F.M. Denny
and A. Baharuddin, pp: 1-37. Bron R. Taylor, pp: 858-862. London:
Thoemmes Cambridge: Harvard University Press. Continuum.
29. Nasr, S.H., 1998. "Sacred Science and the 31. Nalukenge, Harriet,
2009. "Environmental Ethics is Environmental Crisis: An Islamic
Perspective." In Key to Sustainability in a Contemporary Society." In Islam
and the Environment, edited by H. Abdel Environmental Ethics,
Sustainability and Haleem, 118-37. London: Ta-Ha Publishers. Education,
ed. Estelle L. Weber. 99-106. Oxford: 30. Khalid, F., 2002. "Islam and the
Environment."In Inter-Disciplinary Press, United Kingdom. Social and
Economic Dimensions of Global 32. ZiauddinSardar, ed. 1984. Touch of
Midas: Scientific Environmental Change, Volume 5, edited by P. Values
and the Environment in Islam and the West. Timmerman, 332-
339.Chichester: Wiley & Sons. Manchester University Press
Appendix – L
Buddhist approach:
People were not concerned with global
environmental change at the time of
the Buddha so he did not give teachings
specifically on this subject. He did recognise
that local communities could be affected by
the behaviour of his followers and so, for
example, he set rules
that monks and nuns should never relieve
themselves in or near running water, ie
where people would want to wash or drink.
Similarly, he also ruled that monks and nuns
should not disrupt the established habitat of
any other creature, nor kill other living
creatures, for example when building new
quarters.
Some forms of Chinese and Japanese
Buddhists teach the idea of the inter-
relatedness of everything. This means that
humans depend on nature and nature
depends on humans. Harming one part of
this whole is the same as harming all of it.
Therefore, if people learn to live simply and
in harmony with the world, the whole of the
environment will benefit. In the "Key
teachings" that Buddhists consider include:
Noble Eightfold Path
Eight guidelines taught by the Buddha to
help humans escape suffering and
approach enlightenment. These include 'right
mindfulness'. If you are 'mindful' of the
effects of your actions on the world, this is an
effective way to avoid causing damage to
nature and other living creatures.
Five Precepts
These are guidelines about how to act
properly. Two of these Precepts have a
direct bearing on a Buddhist attitude to the
environment:
1. Buddhists should abstain from taking life,
and this includes any form of life. This is
linked to the idea of rebirth that can include
the possibility of being reborn as an animal.
Rather than taking life, Buddhists are
encouraged to
show metta and compassion to all creatures
and believe that all life-forms are special, not
just human beings. This first Precept relates
to the concept of ahimsa. This is based on
the idea of "do no harm".
2. A Buddhist may argue that destroying the
natural habitats of animals is taking away
something that does not belong to us and
therefore breaks the second Precept.
Therefore, by not acting thoughtlessly,
Buddhists can protect the environment from
destruction and exploitation.
Karma
If a person has a right mindset, Buddhists
believe that the actions they perform will be
beneficial not just to themselves but to the
whole world, including the environment.
They believe that our actions affect the
planet in a harmful way because we are
selfish and we crave things. These actions
will only result in more suffering in the
future. The effects of karma will continue to
work in a person's rebirth, so by being
compassionate, we will improve our own
future and that of the environment.
The Buddhist declaration at Assisi stresses
the need for all people to have respect for
wildlife and for the environment. The main
threat to the world so far has been that
human beings have been indifferent to the
effects of their actions on other creatures.
Most Buddhists believe that it is only when
this indifference ends, and we become
mindful and compassionate, that the world
will return to peace, harmony and balance.
This will then allow people to live positive
lives and break free from the negative effects
of craving. What does this mean in practice?
For most Buddhists, the guiding principles
are to live simply in order to respect all life
forms as well as the balance and peace in
nature. Most Buddhists understand and apply
these principles to the question of looking
after the environment in a variety of ways.
Because the Buddha did not have a lot to say
about the environment in his day, most
teachings about protecting the environment
come from modern Buddhist teachers.
 The Dalai Lama said: We are the
generation with the awareness of a great
danger. We are the ones with the
responsibility and the ability to take steps
of concrete action, before it is too late. This
means Buddhists have to make themselves
aware of the damage they do to the
environment so that they can then act to
change it.
 Most Buddhists believe people need to live
simply and respect the cycle and balance in
nature so everything can continue for
future generations. To some Buddhists,
living 'skilfully' means to live without
 producing waste. The whole world benefits
from avoiding needless exploitation.
 We could describe the whole of Buddhism
as being about changing the way we see the
world. This is completely compatible with
an environmental agenda. Changing
people's attitudes about what they need, is
a major step to changing how they treat the
world and each other.
 Venerable Thich Nhat Hanh said In order
to effect change we must recover ourselves,
one must be whole. Since this requires the
kind of environment favourable to one's
healing, one must seek the kind of lifestyle
that is free from the destruction of one's
humanness.
 Buddhists accept changes in nature.
Change is an essential part of growth.
People should allow for change in the
world.
Most Buddhists believe people need to live
simply and respect the cycle and balance in
nature so everything can continue for
future generations. To some Buddhists,
living 'skilfully ' means to live without
producing waste. The whole world benefits
from avoiding needless exploitation.
The Buddha said, "there is no spot on the
ground where men had not died and
therefore every part of nature will be
endowed with a spirit, these will be the
spirits of the trees, the mountains and the
water."
The founder of the Sōtō school of
Zen Buddhism, Dōgen Zenji, held that
Buddha-nature (busshō 佛 性 ) was simply
the true nature of reality and Being.
This true nature was just impermanence,
becoming and 'vast emptiness'. ... Supreme
 and complete enlightenment, because it is
impermanent, is the Buddha nature.
The founder of the Sōtō school of
Zen Buddhism, Dōgen Zenji, held that
Buddha-nature (busshō 佛 性 ) was simply
the true nature of reality and Being.
This true nature was just impermanence,
becoming and 'vast emptiness'. ... Supreme
and complete enlightenment, because it is
impermanent, is the Buddha nature.
Someimportant
Environmental Days
1. July 28 – World Nature Day
2. July 29 – World Tiger Day
3. September 22 – World Rhino Day
4. August 12 – World Elephant Day
5. June 5 – World Environment Day
6. December 5 – World Soil Day
7. March 21 – International Day of Forest
8. March 22 - World Water Day
9. September 27 – World Tourism Day
10. First Week of Baisakh – National
Wildlife Week
Second World War
[World War II or the Second World War, often abbreviated
as WWII or WW2, was a global war that lasted from 1939 to 1945. It
involved the vast majority of the world's countries—including all of
the great powers—forming two opposing military alliances:
the Allies and the Axis powers. In a total war directly involving more
than 100 million personnel from more than 30 countries, the major
participants threw their entire economic, industrial, and scientific
capabilities behind the war effort, blurring the distinction between
civilian and military resources. Aircraft played a major role in the
conflict, enabling the strategic bombing of population centres and the
only two uses of nuclear weapons in war to this day. World War II was
by far the deadliest conflict in human history, and resulted in 70 to 85
million fatalities, a majority being civilians. Tens of millions of people
died due to genocides (including the
Holocaust), starvation, massacres, and disease. In the wake of the
Axis defeat, Germany and Japan were occupied, and war
crimes tribunals were conducted against German and Japanese
leaders.
World War II is generally considered to have begun on 1 September
1939, when Nazi Germany, under Adolf Hitler, invaded Poland.
The United Kingdom and France subsequently declared war on
Germany on the 3rd. Under the Molotov–Ribbentrop Pact of August
1939, Germany and the Soviet Union had partitioned Poland and
marked out their "spheres of influence" across Finland, Romania and
the Baltic states. From late 1939 to early 1941, in a series
of campaigns and treaties, Germany conquered or controlled much
of continental Europe, and formed the Axis
alliance with Italy and Japan (along with other countries later on).
Following the onset of campaigns in North Africa and East Africa, and
the fall of France in mid-1940, the war continued primarily between the
European Axis powers and the British Empire, with war in the Balkans,
the aerial Battle of Britain, the Blitz of the UK, and the Battle of the
Atlantic. On 22 June 1941, Germany led the European Axis powers
in an invasion of the Soviet Union, opening the Eastern Front, the
largest land theatre of war in history and trapping the Axis powers,
crucially the German Wehrmacht, in a war of attrition.
Japan, which aimed to dominate Asia and the Pacific, was at war with
the Republic of China by 1937. In December 1941, Japan attacked
American and British territories with near-simultaneous offensives
against Southeast Asia and the Central Pacific, including an attack on
the US fleet at Pearl Harbor which forced the US to declare war
against Japan; the European Axis powers declared war on the US in
solidarity. Japan soon captured much of the western Pacific, but its
advances were halted in 1942 after losing the critical Battle of Midway;
later, Germany and Italy were defeated in North Africa and
at Stalingrad in the Soviet Union. Key setbacks in 1943—including a
series of German defeats on the Eastern Front, the Allied invasions of
Sicily and the Italian mainland, and Allied offensives in the Pacific—
cost the Axis powers their initiative and forced it into strategic retreat
on all fronts. In 1944, the Western Allies invaded German-occupied
France, while the Soviet Union regained its territorial losses and turned
towards Germany and its allies. During 1944 and 1945, Japan suffered
reversals in mainland Asia, while the Allies crippled the Japanese
Navy and captured key western Pacific islands.
The war in Europe concluded with the liberation of German-occupied
territories, and the invasion of Germany by the Western Allies and the
Soviet Union, culminating in the fall of Berlin to Soviet troops, Hitler's
suicide and the German unconditional surrender on 8 May 1945.
Following the Potsdam Declaration by the Allies on 26 July 1945 and
the refusal of Japan to surrender on its terms, the United
States dropped the first atomic bombs on the Japanese cities
of Hiroshima, on 6 August, and Nagasaki, on 9 August. Faced with an
imminent invasion of the Japanese archipelago, the possibility of
additional atomic bombings, and the Soviet entry into the war against
Japan and its invasion of Manchuria, Japan announced its intention to
surrender on 15 August, then signed the surrender document on 2
September 1945, cementing total victory in Asia for the Allies.
World War II changed the political alignment and social structure of the
globe. The United Nations (UN) was established to foster international
co-operation and prevent future conflicts, and the victorious great
powers—China, France, the Soviet Union, the United Kingdom, and
the United States—became the permanent members of its Security
Council. The Soviet Union and the United States emerged as
rival superpowers, setting the stage for the nearly half-century-
long Cold War. In the wake of European devastation, the influence of
its great powers waned, triggering the decolonisation of
Africa and Asia. Most countries whose industries had been damaged
moved towards economic recovery and expansion. Political integration,
especially in Europe, began as an effort to forestall future hostilities,
end pre-war enmities and forge a sense of common identity.]
CONCEPT of nuclear winter:
"Nuclear winter," or as it was initially termed, "nuclear twilight," began
to be considered as a scientific concept in the 1980s, after it became
clear that an earlier hypothesis, that fireball generated NOx emissions
would devastate the ozone layer, was losing credibility. It was within
this context that the climatic effects of soot from fires became the new
focus of the climatic effects of nuclear war.[9][10] In these model
scenarios, various soot clouds containing uncertain quantities of soot
were assumed to form over cities, oil refineries, and more rural missile
silos. Once the quantity of soot is decided upon by the researchers, the
climate effects of these soot clouds are then modeled.[11] The term
"nuclear winter" was a neologism coined in 1983 by Richard P.
Turco in reference to a one-dimensional computer model created to
examine the "nuclear twilight" idea. This model projected that massive
quantities of soot and smoke would remain aloft in the air for on the
order of years, causing a severe planet-wide drop in temperature.
Turco would later distance himself from these extreme conclusions.[12]
After the failure of the predictions on the effects of the 1991 Kuwait oil
fires that were made by the primary team of climatologists that
advocate the hypothesis, over a decade passed without any new
published papers on the topic. More recently, the same team of
prominent modellers from the 1980s have begun again to publish the
outputs of computer models. These newer models produce the same
general findings as their old ones, namely that the ignition of 100
firestorms, each comparable in intensity to that observed
in Hiroshima in 1945, could produce a "small" nuclear winter.[13][14] These
firestorms would result in the injection of soot (specifically black
carbon) into the Earth's stratosphere, producing an anti-greenhouse
effect that would lower the Earth's surface temperature. The severity of
this cooling in Alan Robock's model suggests that the cumulative
products of 100 of these firestorms could cool the global climate by
approximately 1 °C (1.8 °F), largely eliminating the magnitude
of anthropogenic global warming for the next roughly two or three
years. Robock has not modeled this, but has speculated that it would
have global agricultural losses as a consequence.[15]
As nuclear devices need not be detonated to ignite a firestorm, the
term "nuclear winter" is something of a misnomer.[16] The majority of
papers published on the subject state that without qualitative
justification, nuclear explosions are the cause of the modeled firestorm
effects. The only phenomenon that is modeled by computer in the
nuclear winter papers is the climate forcing agent of firestorm-soot, a
product which can be ignited and formed by a myriad of means.
[16]
Although rarely discussed, the proponents of the hypothesis state
that the same "nuclear winter" effect would occur if 100 conventional
firestorms were ignited.[17]
A much larger number of firestorms, in the thousands,[failed verification] was the
initial assumption of the computer modelers who coined the term in the
1980s. These were speculated to be a possible result of any large
scale employment of counter-value airbursting nuclear weapon use
during an American-Soviet total war. This larger number of firestorms,
which are not in themselves modeled,[11] are presented as causing
nuclear winter conditions as a result of the smoke inputted into various
climate models, with the depths of severe cooling lasting for as long as
a decade. During this period, summer drops in average temperature
could be up to 20 °C (36 °F) in core agricultural regions of the US,
Europe, and China, and as much as 35 °C (63 °F) in Russia.[18] This
cooling would be produced due to a 99% reduction in the natural solar
radiation reaching the surface of the planet in the first few years,
gradually clearing over the course of several decades.[19][unreliable source?]
On the fundamental level, since the advent of photographic evidence
of tall clouds were captured,[20] it was known that firestorms could inject
soot smoke/aerosols into the stratosphere, but the longevity of this
slew of aerosols was a major unknown. Independent of the team that
continue to publish theoretical models on nuclear winter, in 2006, Mike
Fromm of the Naval Research Laboratory, experimentally found that
each natural occurrence of a massive wildfire firestorm, much larger
than that observed at Hiroshima, can produce minor "nuclear winter"
effects, with short-lived, approximately one month of a nearly
immeasurable drop in surface temperatures, confined to
the hemisphere that they burned in.[21][22][23] This is somewhat analogous
to the frequent volcanic eruptions that inject sulfates into the
stratosphere and thereby produce minor, even negligible, volcanic
winter effects.
A suite of satellite and aircraft-based firestorm-soot-monitoring
instruments are at the forefront of attempts to accurately determine the
lifespan, quantity, injection height, and optical properties of this smoke.
[24][25][26][27][28]
Information regarding all of these properties is necessary to
truly ascertain the length and severity of the cooling effect of
firestorms, independent of the nuclear winter computer model
projections.[by whom?]
Presently, from satellite tracking data, stratospheric smoke aerosols
dissipate in a time span under approximately two months.[26] The
existence of a tipping point into a new stratospheric condition where
the aerosols would not be removed within this time frame remains to
be determined.[26]
MECHANISM of nuclear winter
The nuclear winter scenario assumes that 100 or more city firestorms[29]
[30]
are ignited by nuclear explosions,[31] and that the firestorms lift large
amounts of sooty smoke into the upper troposphere and lower
stratosphere by the movement offered by the pyrocumulonimbus
clouds that form during a firestorm. At 10–15 kilometres (6–9 miles)
above the Earth's surface, the absorption of sunlight could further heat
the soot in the smoke, lifting some or all of it into the stratosphere,
where the smoke could persist for years if there is no rain to wash it
out. This aerosol of particles could heat the stratosphere and prevent a
portion of the sun's light from reaching the surface, causing surface
temperatures to drop drastically. In this scenario it is predicted[by
whom?]
that surface air temperatures would be the same as, or colder
than, a given region's winter for months to years on end.
… believed that the modeled climate-cooling-effects from the mass of
The modeled stable inversion layer of hot soot between the
troposphere and high stratosphere that produces the anti-greenhouse
effect was dubbed the "Smokeosphere" by Stephen Schneider et al. in
their 1988 paper.[32][2][33]
Although it is common in the climate models to consider city firestorms,
these need not be ignited by nuclear devices;[16] more conventional
ignition sources can instead be the spark of the firestorms. Prior to the
previously mentioned solar heating effect, the soot's injection height is
controlled by the rate of energy release from the firestorm's fuel, not
the size of an initial nuclear explosion.[30] For example, the mushroom
cloud from the bomb dropped on Hiroshima reached a height of six
kilometers (middle troposphere) within a few minutes and then
dissipated due to winds, while the individual fires within the city took
almost three hours to form into a firestorm and produce
a pyrocumulus cloud, a cloud that is assumed to have reached upper
tropospheric heights, as over its multiple hours of burning, the firestorm
released an estimated 1000 times the energy of the bomb.[34]
As the incendiary effects of a nuclear explosion do not present any
especially characteristic features,[35] it is estimated by those
with strategic bombing experience that as the city was a firestorm
hazard, the same fire ferocity and building damage produced at
Hiroshima by one 16-kiloton nuclear bomb from a single B-29
bomber could have been produced instead by the conventional use of
about 1.2 kilotons of incendiary bombs from 220 B-29s distributed over
the city.[35][36][37]
While the firestorms of Dresden and Hiroshima and the mass fires of
Tokyo and Nagasaki occurred within mere months in 1945, the more
intense and conventionally lit Hamburg firestorm occurred in 1943.
Despite the separation in time, ferocity and area burned, leading
modelers of the hypothesis state that these five fires potentially placed
five percent as much smoke into the stratosphere as the hypothetical
100 nuclear-ignited fires discussed in modern models.[38] While it is
soot injected into the stratosphere by 100 firestorms (one to five
teragrams) would have been detectable with technical instruments in
WWII, five percent of that would not have been possible to observe at
that time
…

AEROSOL TIMESCALE REMOVAL
The exact timescale for how long this smoke remains, and thus how
severely this smoke affects the climate once it reaches the
stratosphere, is dependent on both chemical and physical removal
processes.[11]
The most important physical removal mechanism is "rainout", both
during the "fire-driven convective column" phase, which produces
"black rain" near the fire site, and rainout after the convective plume's
dispersal, where the smoke is no longer concentrated and thus "wet
removal" is believed to be very efficient.[39] However, these efficient
removal mechanisms in the troposphere are avoided in
the Robock 2007 study, where solar heating is modeled to quickly loft
the soot into the stratosphere, "detraining" or separating the darker
soot particles from the fire clouds' whiter water condensation.[40]
Once in the stratosphere, the physical removal mechanisms affecting
the timescale of the soot particles' residence are how quickly the
aerosol of soot collides and coagulates with other particles
via Brownian motion,[11][41][42] and falls out of the atmosphere via gravity-
driven dry deposition,[42] and the time it takes for the "phoretic effect" to
move coagulated particles to a lower level in the atmosphere.
[11]
Whether by coagulation or the phoretic effect, once the aerosol of
smoke particles are at this lower atmospheric level, cloud seeding can
begin, permitting precipitation to wash the smoke aerosol out of the
atmosphere by the wet deposition mechanism.
The chemical processes that affect the removal are dependent on the
ability of atmospheric
chemistry to oxidize the carbonaceous component of the smoke, via
reactions with oxidative species such as ozone and nitrogen oxides,
both of which are found at all levels of the atmosphere,[43][44] and which
also occur at greater concentrations when air is heated to high
temperatures.
Historical data on residence times of aerosols, albeit a different mixture
of aerosols, in this case stratospheric sulfur aerosols and volcanic
ash from megavolcano eruptions, appear to be in the one-to-two-year
time scale,[45] however aerosol–atmosphere interactions are still poorly
understood
…SOOT PROPERTIES
Sooty aerosols can have a wide range of properties, as well as
complex shapes, making it difficult to determine their evolving
atmospheric optical depth value. The conditions present during the
creation of the soot are believed to be considerably important as to
their final properties, with soot generated on the more efficient
spectrum of burning efficiency considered almost "elemental carbon
black," while on the more inefficient end of the burning spectrum,
greater quantities of partially burnt/oxidized fuel are present. These
partially burnt "organics" as they are known, often form tar balls
and brown carbon during common lower-intensity wildfires, and can
also coat the purer black carbon particles.[48][49][50] However, as the soot
of greatest importance is that which is injected to the highest altitudes
by the pyroconvection of the firestorm – a fire being fed with storm-
force winds of air – it is estimated that the majority of the soot under
these conditions is the more oxidized black carbon.
…..HISTORY of Nuclear winter
In 1952, a few weeks prior to the Ivy Mike (10.4 megaton) bomb test
on Elugelab Island, there were concerns that the aerosols lifted by the
explosion might cool the Earth. Major Norair Lulejian, USAF, and
astronomer Natarajan Visvanathan studied this possibility, reporting
their findings in Effects of Superweapons Upon the Climate of the
World, the distribution of which was tightly controlled. This report is
described in a 2013 report by the Defense Threat Reduction
Agency as the initial study of the "nuclear winter" concept. It indicated
no appreciable chance of explosion-induced climate change.[68]
The implications for civil defense of numerous surface bursts of high
yield hydrogen bomb explosions on Pacific Proving Ground islands
such as those of Ivy Mike in 1952 and Castle Bravo (15 Mt) in 1954
were described in a 1957 report on The Effects of Nuclear Weapons,
edited by Samuel Glasstone. A section in that book entitled "Nuclear
Bombs and the Weather" states: "The dust raised in severe volcanic
eruptions, such as that at Krakatoa in 1883, is known to cause a
noticeable reduction in the sunlight reaching the earth ... The amount
of [soil or other surface] debris remaining in the atmosphere after the
explosion of even the largest nuclear weapons is probably not more
than about one percent or so of that raised by the Krakatoa eruption.
Further, solar radiation records reveal that none of the nuclear
explosions to date has resulted in any detectable change in the direct
sunlight recorded on the ground."[69] The US Weather Bureau in 1956
regarded it as conceivable that a large enough nuclear war with
megaton-range surface detonations could lift enough soil to cause a
new ice age.[70]
In the 1966 RAND corporation memorandum The Effects of Nuclear
War on the Weather and Climate by E. S. Batten, while primarily
analysing potential dust effects from surface bursts,[71] it notes that "in
addition to the effects of the debris, extensive fires ignited by nuclear
detonations might change the surface characteristics of the area and
modify local weather patterns ... however, a more thorough knowledge
of the atmosphere is necessary to determine their exact nature, extent,
and magnitude."[72]
In the United States National Research Council (NRC) book Long-
Term Worldwide Effects of Multiple Nuclear-Weapons
Detonations published in 1975, it states that a nuclear war involving
4,000 Mt from present arsenals would probably deposit much less dust
in the stratosphere than the Krakatoa eruption, judging that the effect
of dust and oxides of nitrogen would probably be slight climatic cooling
which "would probably lie within normal global climatic variability, but
the possibility of climatic changes of a more dramatic nature cannot be
ruled out".[62][73][74]
In the 1985 report, The Effects on the Atmosphere of a Major Nuclear
Exchange, the Committee on the Atmospheric Effects of Nuclear
Explosions argues that a "plausible" estimate on the amount of
stratospheric dust injected following a surface burst of 1 Mt is 0.3
teragrams, of which 8 percent would be in the micrometer range.[75] The
potential cooling from soil dust was again looked at in 1992, in a
US National Academy of Sciences (NAS)[76] report on geoengineering,
which estimated that about 1010 kg (10 teragrams) of stratospheric
injected soil dust with particulate grain dimensions of 0.1 to 1
micrometer would be required to mitigate the warming from a doubling
of atmospheric carbon dioxide, that is, to produce ~2 °C of cooling.[77]
In 1969, Paul Crutzen discovered that oxides of nitrogen (NOx) could
be an efficient catalyst for the destruction of the ozone
layer/stratospheric ozone. Following studies on the potential effects of
NOx generated by engine heat in stratosphere flying Supersonic
Transport (SST) airplanes in the 1970s, in 1974, John Hampson
suggested in the journal Nature that due to the creation of atmospheric
NOx by nuclear fireballs, a full-scale nuclear exchange could result in
depletion of the ozone shield, possibly subjecting the earth to
ultraviolet radiation for a year or more.[73][78] In 1975, Hampson's
hypothesis "led directly"[10] to the United States National Research
Council (NRC) reporting on the models of ozone depletion following
nuclear war in the book Long-Term Worldwide Effects of Multiple
Nuclear-Weapons Detonations.[73]
In the section of this 1975 NRC book pertaining to the issue of fireball
generated NOx and ozone layer loss therefrom, the NRC present
model calculations from the early-to-mid 1970s on the effects of a
nuclear war with the use of large numbers of multi-megaton yield
detonations, which returned conclusions that this could reduce ozone
levels by 50 percent or more in the northern hemisphere.[79][62]
However independent of the computer models presented in the 1975
NRC works, a paper in 1973 in the journal Nature depicts the
stratospheric ozone levels worldwide overlaid upon the number of
nuclear detonations during the era of atmospheric testing. The authors
conclude that neither the data nor their models show any correlation
between the approximate 500 Mt in historical atmospheric testing and
an increase or decrease of ozone concentration.[80] In 1976, a study on
the experimental measurements of an earlier atmospheric nuclear test
as it affected the ozone layer also found that nuclear detonations are
exonerated of depleting ozone, after the at first alarming model
calculations of the time.[81] Similarly, a 1981 paper found that the
models on ozone destruction from one test and the physical
measurements taken were in disagreement, as no destruction was
observed.[82]
In total, about 500 Mt were atmospherically detonated between 1945
and 1971,[83] peaking in 1961–62, when 340 Mt were detonated in the
atmosphere by the United States and Soviet Union.[84] During this peak,
with the multi-megaton range detonations of the two nations nuclear
test series, in exclusive examination, a total yield estimated at 300 Mt
of energy was released. Due to this, 3 × 1034 additional molecules
of nitric oxide (about 5,000 tons per Mt, 5 × 109 grams per megaton)[80]
[85]
are believed to have entered the stratosphere, and while ozone
depletion of 2.2 percent was noted in 1963, the decline had started
prior to 1961 and is believed to have been caused by other
meteorological effects.[80]
In 1982 journalist Jonathan Schell in his popular and influential
book The Fate of the Earth, introduced the public to the belief that
fireball generated NOx would destroy the ozone layer to such an extent
that crops would fail from solar UV radiation and then similarly painted
the fate of the Earth, as plant and aquatic life going extinct. In the
same year, 1982, Australian physicist Brian Martin, who frequently
corresponded with John Hampson who had been greatly responsible
for much of the examination of NOx generation,[10] penned a short
historical synopsis on the history of interest in the effects of the direct
NOx generated by nuclear fireballs, and in doing so, also outlined
Hampson's other non-mainstream viewpoints, particularly those
relating to greater ozone destruction from upper-atmospheric
detonations as a result of any widely used anti-ballistic missile (ABM-1
Galosh) system.[86] However, Martin ultimately concludes that it is
"unlikely that in the context of a major nuclear war" ozone degradation
would be of serious concern. Martin describes views about potential
ozone loss and therefore increases in ultraviolet light leading to the
widespread destruction of crops, as advocated by Jonathan Schell
in The Fate of the Earth, as highly unlikely.[62]
More recent accounts on the specific ozone layer destruction potential
of NOx species are much less than earlier assumed from simplistic
calculations, as "about 1.2 million tons" of natural
and anthropogenic generated stratospheric NOx is believed to be
formed each year according to Robert P. Parson in the 1990s.[87]
Science fiction[edit]
The first published suggestion that cooling of the climate could be an
effect of a nuclear war, appears to have been originally put forth
by Poul Anderson and F.N. Waldrop in their post-war story
"Tomorrow's Children", in the March 1947 issue of the Astounding
Science Fiction magazine. The story, primarily about a team of
scientists hunting down mutants,[88] warns of a "Fimbulwinter" caused
by dust that blocked sunlight after a recent nuclear war and speculated
that it may even trigger a new Ice Age.[89][90] Anderson went on to publish
a novel based partly on this story in 1961, titling it Twilight World.
[90]
Similarly in 1985 it was noted by T. G. Parsons that the story "Torch"
by C. Anvil, which also appeared in Astounding Science
Fiction magazine, but in the April 1957 edition, contains the essence of
the "Twilight at Noon"/"nuclear winter" hypothesis. In the story, a
nuclear warhead ignites an oil field, and the soot produced "screens
out part of the sun's radiation", resulting in Arctic temperatures for
much of the population of North America and the Soviet Union.[11]
1980s[edit]
The 1988 Air Force Geophysics Laboratory publication, An
assessment of global atmospheric effects of a major nuclear war by H.
S. Muench, et al., contains a chronology and review of the major
reports on the nuclear winter hypothesis from 1983–1986. In general,
these reports arrive at similar conclusions as they are based on "the
same assumptions, the same basic data", with only minor model-code
differences. They skip the modeling steps of assessing the possibility
of fire and the initial fire plumes and instead start the modeling process
with a "spatially uniform soot cloud" which has found its way into the
atmosphere.[11]
Although never openly acknowledged by the multi-disciplinary team
who authored the most popular 1980s TTAPS model, in 2011
the American Institute of Physics states that the TTAPS team (named
for its participants, who had all previously worked on the phenomenon
of dust storms on Mars, or in the area of asteroid impact
events: Richard P. Turco, Owen Toon, Thomas P. Ackerman, James
B. Pollack and Carl Sagan) announcement of their results in 1983 "was
with the explicit aim of promoting international arms control".
[91]
However, "the computer models were so simplified, and the data on
smoke and other aerosols were still so poor, that the scientists could
say nothing for certain."[91]
In 1981, William J. Moran began discussions and research in
the National Research Council (NRC) on the airborne soil/dust effects
of a large exchange of nuclear warheads, having seen a possible
parallel in the dust effects of a war with that of the asteroid-created K-T
boundary and its popular analysis a year earlier by Luis Alvarez in
1980.[92] An NRC study panel on the topic met in December 1981 and
April 1982 in preparation for the release of the NRC's The Effects on
the Atmosphere of a Major Nuclear Exchange, published in 1985.[73]
As part of a study on the creation of oxidizing species such as NOx
and ozone in the troposphere after a nuclear war,[9] launched in 1980
by AMBIO, a journal of the Royal Swedish Academy of Sciences, Paul
J. Crutzen and John Birks began preparing for the 1982 publication of
a calculation on the effects of nuclear war on stratospheric ozone,
using the latest models of the time. However, they found that in part as
a result of the trend towards more numerous but less energetic, sub-
megaton range nuclear warheads (made possible by the ceaseless
march to increase ICBM warhead accuracy), the ozone layer danger
was "not very significant".[10]
It was after being confronted with these results that they "chanced"
upon the notion, as "an afterthought"[9] of nuclear detonations igniting
massive fires everywhere and, crucially, the smoke from these
conventional fires then going on to absorb sunlight, causing surface
temperatures to plummet.[10] In early-1982, the two circulated a draft
paper with the first suggestions of alterations in short-term climate from
fires presumed to occur following a nuclear war.[73] Later in the same
year, the special issue of Ambio devoted to the possible environmental
consequences of nuclear war by Crutzen and Birks was titled "Twilight
at Noon", and largely anticipated the nuclear winter hypothesis.[93] The
paper looked into fires and their climatic effect and discussed
particulate matter from large fires, nitrogen oxide, ozone depletion and
the effect of nuclear twilight on agriculture. Crutzen and Birks'
calculations suggested that smoke particulates injected into the
atmosphere by fires in cities, forests and petroleum reserves could
prevent up to 99 percent of sunlight from reaching the Earth's surface.
This darkness, they said, could exist "for as long as the fires burned",
which was assumed to be many weeks, with effects such as: "The
normal dynamic and temperature structure of the atmosphere would ...
change considerably over a large fraction of the Northern Hemisphere,
which will probably lead to important changes in land surface
temperatures and wind systems."[93] An implication of their work was
that a successful nuclear decapitation strike could have severe climatic
consequences for the perpetrator.
After reading a paper by N. P. Bochkov and E. I. Chazov,[94] published
in the same edition of Ambio that carried Crutzen and Birks's paper
"Twilight at Noon", Soviet atmospheric scientist Georgy
Golitsyn applied his research on Mars dust storms to soot in the
Earth's atmosphere. The use of these influential Martian dust storm
models in nuclear winter research began in 1971,[95] when the Soviet
spacecraft Mars 2 arrived at the red planet and observed a global dust
cloud. The orbiting instruments together with the 1971 Mars 3 lander
determined that temperatures on the surface of the red planet were
considerably colder than temperatures at the top of the dust cloud.
Following these observations, Golitsyn received two telegrams from
astronomer Carl Sagan, in which Sagan asked Golitsyn to "explore the
understanding and assessment of this phenomenon." Golitsyn
recounts that it was around this time that he had "proposed a
theory[which?] to explain how Martian dust may be formed and how it may
reach global proportions."[95]
In the same year Alexander Ginzburg,[96] an employee in Golitsyn's
institute, developed a model of dust storms to describe the cooling
phenomenon on Mars. Golitsyn felt that his model would be applicable exchange, and with that, began analyzing the subsequent effects on
to soot after he read a 1982 Swedish magazine dedicated to the the atmospheric radiation balance and temperature structure as a
effects of a hypothetical nuclear war between the USSR and the US. result of this quantity of assumed smoke. To compute dust and smoke
[95]
Golitsyn would use Ginzburg's largely unmodified dust-cloud model effects, they employed a one-dimensional microphysics/radiative-
with soot assumed as the aerosol in the model instead of soil dust and transfer model of the Earth's lower atmosphere (up to the mesopause),
in an identical fashion to the results returned, when computing dust- which defined only the vertical characteristics of the global climate
cloud cooling in the Martian atmosphere, the cloud high above the perturbation.
planet would be heated while the planet below would cool drastically.
Interest in the environmental effects of nuclear war, however, had
Golitsyn presented his intent to publish this Martian-derived Earth-
continued in the Soviet Union after Golitsyn's September paper,
analog model to the Andropov instigated Committee of Soviet
with Vladimir Alexandrov and G. I. Stenchikov also publishing a paper
Scientists in Defence of Peace Against the Nuclear Threat in May
in December 1983 on the climatic consequences, although in contrast
1983, an organization that Golitsyn would later be appointed a position
to the contemporary TTAPS paper, this paper was based on
of vice-chairman of. The establishment of this committee was done
simulations with a three-dimensional global circulation model.[54] (Two
with the expressed approval of the Soviet leadership with the intent "to
years later Alexandrov disappeared under mysterious circumstances).
expand controlled contacts with Western "nuclear freeze" activists".
Richard Turco and Starley L. Thompson were both critical of the Soviet
[97]
Having gained this committees approval, in September 1983,
research. Turco called it "primitive" and Thompson said it used
Golitsyn published the first computer model on the nascent "nuclear
obsolete US computer models.[101] Later they were to rescind these
winter" effect in the widely read Herald of the Russian Academy of
criticisms and instead applauded Alexandrov's pioneering work, saying
Sciences.[98]
that the Soviet model shared the weaknesses of all the others.[11]
On 31 October 1982, Golitsyn and Ginsburg's model and results were
In 1984, the World Meteorological Organization (WMO) commissioned
presented at the conference on "The World after Nuclear War", hosted
Golitsyn and N. A. Phillips to review the state of the science. They
in Washington, D.C.[96]
found that studies generally assumed a scenario where half of the
Both Golitsyn[99] and Sagan[100] had been interested in the cooling on the world's nuclear weapons would be used, ~5000 Mt, destroying
dust storms on the planet Mars in the years preceding their focus on approximately 1,000 cities, and creating large quantities of
"nuclear winter". Sagan had also worked on Project A119 in the carbonaceous smoke – 1–2×1014 g being most likely, with a range of
1950s–1960s, in which he attempted to model the movement and 0.2–6.4×1014 g (NAS; TTAPS assumed 2.25×1014). The smoke resulting
longevity of a plume of lunar soil. would be largely opaque to solar radiation but transparent to infrared,
thus cooling the Earth by blocking sunlight, but not creating warming
After the publication of "Twilight at Noon" in 1982,[101] the TTAPS team
by enhancing the greenhouse effect. The optical depth of the smoke
have said that they began the process of doing a 1-dimensional
can be much greater than unity. Forest fires resulting from non-urban
computational modeling study of the atmospheric consequences of
targets could increase aerosol production further. Dust from near-
nuclear war/soot in the stratosphere, though they would not publish a
surface explosions against hardened targets also contributes; each
paper in Science magazine until late-December 1983.[102] The phrase
megaton-equivalent explosion could release up to five million tons of
"nuclear winter" had been coined by Turco just prior to publication.[103] In
dust, but most would quickly fall out; high altitude dust is estimated at
this early paper, TTAPS used assumption-based estimates on the total
0.1–1 million tons per megaton-equivalent of explosion. Burning of
smoke and dust emissions that would result from a major nuclear
crude oil could also contribute substantially.[104]
The 1-D radiative-convective models used in these[which?] studies
produced a range of results, with coolings up to 15–42 °C between 14
to 35 days after the war, with a "baseline" of about 20 °C. Somewhat
more sophisticated calculations using 3-D GCMs produced similar
results: temperature drops of about 20 °C, though with regional
variations.[105]
All[which?] calculations show large heating (up to 80 °C) at the top of the
smoke layer at about 10 km (6.2 mi); this implies a substantial
modification of the circulation there and the possibility of advection of
the cloud into low latitudes and the southern hemisphere.
1990[edit]
In a 1990 paper entitled "Climate and Smoke: An Appraisal of Nuclear
Winter", TTAPS gave a more detailed description of the short- and
long-term atmospheric effects of a nuclear war using a three-
dimensional model:[12]
First one to three months:
 10–25% of soot injected is immediately removed by precipitation,
while the rest is transported over the globe in one to two weeks
 SCOPE figures for July smoke injection:
o 22 °C drop in mid-latitudes
o 10 °C drop in humid climates
o 75% decrease in rainfall in mid-latitudes
o Light level reduction of 0% in low latitudes to 90% in high
smoke injection areas
 SCOPE figures for winter smoke injection:
o Temperature drops between 3 and 4 °C
Following one to three years:
 25–40% of injected smoke is stabilised in atmosphere (NCAR).
Smoke stabilised for approximately one year.
 Land temperatures of several degrees below normal
 Ocean surface temperature between 2 and 6 °C
 Ozone depletion of 50% leading to 200% increase in UV radiation
incident on surface.
….
KUIT WELLS IN THE FIRST GOLFWAR…
One of the major results of TTAPS' 1990 paper was the re-iteration of
the team's 1983 model that 100 oil refinery fires would be sufficient to
bring about a small scale, but still globally deleterious nuclear winter.[108]
Following Iraq's invasion of Kuwait and Iraqi threats of igniting the
country's approximately 800 oil wells, speculation on the cumulative
climatic effect of this, presented at the World Climate Conference in
Geneva that November in 1990, ranged from a nuclear winter type
scenario, to heavy acid rain and even short term immediate global
warming.[109]
In articles printed in the Wilmington Morning Star and the Baltimore
Sun newspapers in January 1991, prominent authors of nuclear winter
papers – Richard P. Turco, John W. Birks, Carl Sagan, Alan Robock
and Paul Crutzen – collectively stated that they expected catastrophic
nuclear winter like effects with continental-sized effects of sub-freezing
temperatures as a result of the Iraqis going through with their threats of
igniting 300 to 500 pressurized oil wells that could subsequently burn
for several months.[109][110][111]
As threatened, the wells were set on fire by the retreating Iraqis in
March 1991, and the 600 or so burning oil wells were not fully
extinguished until November 6, 1991, eight months after the end of the
war,[112] and they consumed an estimated six million barrels of oil per
day at their peak intensity.
When Operation Desert Storm began in January 1991, coinciding with
the first few oil fires being lit, Dr. S. Fred Singer and Carl
Sagan discussed the possible environmental effects of the Kuwaiti
petroleum fires on the ABC News program Nightline. Sagan again
argued that some of the effects of the smoke could be similar to the
effects of a nuclear winter, with smoke lofting into the stratosphere,
beginning around 48,000 feet (15,000 m) above sea level in Kuwait,
resulting in global effects. He also argued that he believed the net
effects would be very similar to the explosion of the Indonesian
volcano Tambora in 1815, which resulted in the year 1816 being
known as the "Year Without a Summer".
Sagan listed modeling outcomes that forecast effects extending to
South Asia, and perhaps to the Northern Hemisphere as well. Sagan
stressed this outcome was so likely that "It should affect the war
plans."[113] Singer, on the other hand, anticipated that the smoke would
go to an altitude of about 3,000 feet (910 m) and then be rained out
after about three to five days, thus limiting the lifetime of the smoke.
Both height estimates made by Singer and Sagan turned out to be
wrong, albeit with Singer's narrative being closer to what transpired,
with the comparatively minimal atmospheric effects remaining limited
to the Persian Gulf region, with smoke plumes, in general,[106] lofting to
about 10,000 feet (3,000 m) and a few as high as 20,000 feet
(6,100 m).[114][115]
Sagan and his colleagues expected that a "self-lofting" of the sooty
smoke would occur when it absorbed the sun's heat radiation, with little
to no scavenging occurring, whereby the black particles of soot would
be heated by the sun and lifted/lofted higher and higher into the air,
thereby injecting the soot into the stratosphere, a position where they
argued it would take years for the sun-blocking effect of this aerosol of
soot to fall out of the air, and with that, catastrophic ground level
cooling and agricultural effects in Asia and possibly the Northern
Hemisphere as a whole.[116] In a 1992 follow-up, Peter Hobbs and
others had observed no appreciable evidence for the nuclear winter
team's predicted massive "self-lofting" effect and the oil-fire smoke
clouds contained less soot than the nuclear winter modelling team had
assumed.[117]
The atmospheric scientist tasked with studying the atmospheric effect
of the Kuwaiti fires by the National Science Foundation, Peter Hobbs,
stated that the fires' modest impact suggested that "some numbers
[used to support the Nuclear Winter hypothesis]... were probably a little
overblown."[118]
Hobbs found that at the peak of the fires, the smoke absorbed 75 to
80% of the sun's radiation. The particles rose to a maximum of 20,000
feet (6,100 m), and when combined with scavenging by clouds the
smoke had a short residency time of a maximum of a few days in the
atmosphere.[119][120]
Pre-war claims of wide scale, long-lasting, and significant global
environmental effects were thus not borne out, and found to be
significantly exaggerated by the media and speculators,[121] with climate
models by those not supporting the nuclear winter hypothesis at the
time of the fires predicting only more localized effects such as a
daytime temperature drop of ~10 °C within 200 km of the source.
Sagan later conceded in his book The Demon-Haunted World that his
predictions obviously did not turn out to be correct: "it was pitch black
at noon and temperatures dropped 4–6° C over the Persian Gulf, but
not much smoke reached stratospheric altitudes and Asia was
spared."[123]
The idea of oil well and oil reserve smoke pluming into the
stratosphere serving as a main contributor to the soot of a nuclear
winter was a central idea of the early climatology papers on the
hypothesis; they were considered more of a possible contributor than
smoke from cities, as the smoke from oil has a higher ratio of black
soot, thus absorbing more sunlight.[93][102] Hobbs compared the papers'
assumed "emission factor" or soot generating efficiency from ignited oil
pools and found, upon comparing to measured values from oil pools at
Kuwait, which were the greatest soot producers, the emissions of soot
assumed in the nuclear winter calculations were still "too high".
[120]
Following the results of the Kuwaiti oil fires being in disagreement
with the core nuclear winter promoting scientists, 1990s nuclear winter
papers generally attempted to distance themselves from suggesting oil
well and reserve smoke will reach the stratosphere.
In 2007, a nuclear winter study noted that modern computer models
have been applied to the Kuwait oil fires, finding that individual smoke
plumes are not able to loft smoke into the stratosphere, but that smoke
from fires covering a large area[quantify] like some forest fires can lift
smoke[quantify] into the stratosphere, and recent evidence suggests that
this occurs far more often than previously thought.[124][125][126][127][128][129][130]
[excessive citations]
The study also suggested that the burning of the comparably
smaller cities, which would be expected to follow a nuclear strike,
would also loft significant amounts of smoke into the stratosphere:
Stenchikov et al. [2006b][131] conducted detailed, high-resolution smoke
plume simulations with the RAMS regional climate model [e.g.,
Miguez-Macho, et al., 2005][132] and showed that individual plumes,
such as those from the Kuwait oil fires in 1991, would not be expected
to loft into the upper atmosphere or stratosphere, because they
become diluted. However, much larger plumes, such as would be
generated by city fires, produce large, undiluted mass motion that
results in smoke lofting. New large eddy simulation model results at
much higher resolution also give similar lofting to our results, and no
small scale response that would inhibit the lofting [Jensen, 2006].[133]
However, the above simulation notably contained the assumption that
no dry or wet deposition would occur.
…..
RECENT MODELING
Between 1990 and 2003, commentators noted that no peer-reviewed
papers on "nuclear winter" were published.[108]
Based on new work published in 2007 and 2008 by some of the
authors of the original studies, several new hypotheses have been put
forth, primarily the assessment that as few as 100 firestorms would
result in a nuclear winter.[19][135] However, far from the hypothesis being
"new", it drew the same conclusion as earlier 1980s models, which
similarly regarded 100 or so city firestorms as a threat.[136][137]
Compared to climate change for the past millennium, even the smallest
exchange modeled would plunge the planet into temperatures colder
than the Little Ice Age (the period of history between approximately
1600 and 1850 AD). This would take effect instantly, and agriculture
would be severely threatened. Larger amounts of smoke would
produce larger climate changes, making agriculture impossible for
years. In both cases, new climate model simulations show that the
effects would last for more than a decade.[138]
2007 study on global nuclear war[edit]
A study published in the Journal of Geophysical Research in July
2007,[139] titled "Nuclear winter revisited with a modern climate model
and current nuclear arsenals: Still catastrophic consequences",[140] used
current climate models to look at the consequences of a global nuclear
war involving most or all of the world's current nuclear arsenals (which
the authors judged to be one similar to the size of the world's arsenals
twenty years earlier). The authors used a global circulation model,
ModelE from the NASA Goddard Institute for Space Studies, which
they noted "has been tested extensively in global warming experiments
and to examine the effects of volcanic eruptions on climate." The
model was used to investigate the effects of a war involving the entire
current global nuclear arsenal, projected to release about 150 Tg of
smoke into the atmosphere, as well as a war involving about one third
of the current nuclear arsenal, projected to release about 50 Tg of
smoke. In the 150 Tg case they found that:
A global average surface cooling of −7 °C to −8 °C persists for years,
and after a decade the cooling is still −4 °C (Fig. 2). Considering that
the global average cooling at the depth of the last ice age 18,000 yr
ago was about −5 °C, this would be a climate change unprecedented
in speed and amplitude in the history of the human race. The
temperature changes are largest over land … Cooling of more than
−20 °C occurs over large areas of North America and of more than −30
°C over much of Eurasia, including all agricultural regions.
In addition, they found that this cooling caused a weakening of the
global hydrological cycle, reducing global precipitation by about 45%.
As for the 50 Tg case involving one third of current nuclear arsenals,
they said that the simulation "produced climate responses very similar
to those for the 150 Tg case, but with about half the amplitude," but
that "the time scale of response is about the same." They did not
discuss the implications for agriculture in depth, but noted that a 1986
study which assumed no food production for a year projected that
"most of the people on the planet would run out of food and starve to
death by then" and commented that their own results show that, "This
period of no food production needs to be extended by many years,
making the impacts of nuclear winter even worse than previously
thought."
2014[edit]
In 2014, Michael J. Mills (at the US National Center for Atmospheric
Research, NCAR), et al., published "Multi-decadal global cooling and
unprecedented ozone loss following a regional nuclear conflict" in the
journal Earth's Future.[141] The authors used computational models
developed by NCAR to simulate the climatic effects of a soot cloud that
they suggest would be a result of a regional nuclear war in which 100
"small" (15 Kt) weapons are detonated over cities. The model had
outputs, due to the interaction of the soot cloud:
global ozone losses of 20–50% over populated areas, levels
unprecedented in human history, would accompany the coldest
average surface temperatures in the last 1000 years. We calculate
summer enhancements in UV indices of 30–80% over Mid-Latitudes,
suggesting widespread damage to human health, agriculture, and
terrestrial and aquatic ecosystems. Killing frosts would reduce growing
seasons by 10–40 days per year for 5 years. Surface temperatures
would be reduced for more than 25 years, due to thermal inertia and
albedo effects in the ocean and expanded sea ice. The combined
cooling and enhanced UV would put significant pressures on global
food supplies and could trigger a global nuclear famine.
2018[edit]
Researchers at Los Alamos National Laboratory published the results
of a multi-scale study of the climate impact of a regional nuclear
exchange, the same scenario considered by Robock et al. and by
Toon et al. in 2007. Unlike previous studies, this study simulated the
processes whereby black carbon would be lofted into the atmosphere
and found that very little would be lofted into the stratosphere and, as a
result, the long-term climate impacts were much lower than those
studies had concluded. In particular, "none of the simulations produced
a nuclear winter effect," and "the probability of significant global cooling
from a limited exchange scenario as envisioned in previous studies is
highly unlikely."[142]
Research published in the peer-reviewed journal Safety suggested that
no nation should possess more than 100 nuclear warheads because of
the blowback effect on the aggressor nation's own population because
of "nuclear autumn".[143][144]
2019[edit]
2019 saw the publication of two studies on nuclear winter that build on
previous modeling and describe new scenarios of nuclear winter from
smaller exchanges of nuclear weapons than have been previously
simulated.
As in the 2007 study by Robock et. al,[145] a 2019 study by Coupe et.
al models a scenario in which 150 Tg of black carbon is released into
the atmosphere following an exchange of nuclear weapons between
the United States in Russia where both countries use all of the nuclear
weapons treaties permit them to.[146] This amount of black carbon far
exceeds that which has been emitted in the atmosphere by all volcanic
eruptions in the past 1200 years but is less than the asteroid impact
which caused a mass extinction event 66 million years ago.
[146]
Coupe et. al used the "whole atmosphere community climate
model version 4" (WACCM4), which has a higher resolution and is
more effective at simulating aerosols and stratospheric chemistry than
the ModelE simulation used by Rocock et. al.[146]
The WACCM4 model simulates that black carbon molecules increase
to ten times their normal size when they reach the stratosphere.
ModelE did not account for this effect. This difference in black carbon
particle size results in a greater optical depth in the WACCM4 model
across the world for the first two years after the initial injection due to
greater absorption of sunlight in the stratosphere.[146] This will have the
effect of increasing stratospheric temperatures by 100K and result in
ozone depletion that is slightly greater than ModelE predicted.
[146]
Another consequence of the larger particle size is accelerating the
rate at which black carbon molecules fall out of the atmosphere; after
ten years from the injection of black carbon into the atmosphere,
WACCM4 predicts 2 Tg will remain, while ModelE predicted 19 Tg. [146]
The 2019 model and the 2007 model both predict significant
temperature decreases across the globe, however the
increased resolution and particle simulation in 2019 predict a greater
temperature anomaly in the first six years after injection but a faster
return to normal temperatures. Between a few months after the
injection to the sixth year of anomaly, the WACCM4 predicts cooler
global temperatures than ModelE, with temperatures more than 20K
below normal leading to freezing temperatures during the summer
months over much of the northern hemisphere leading to a 90%
reduction in agricultural growing seasons in the midlatitudes, including
the midwestern United States.[146] WACCM4 simulations also predict a
58% reduction in global annual precipitation from normal levels in
years three and four after injection, a 10% higher reduction than
predicted in ModelE.[146]
Toon et. al simulated a nuclear scenario in 2025
where India and Pakistan engage in a nuclear exchange in which 100
urban areas in Pakistan and 150 urban areas in India are attacked with
nuclear weapons ranging from 15 kt to 100 kt and examined the effects
of black carbon released into the atmosphere from airburst-only
detonations.[147] The researchers modeled the atmospheric effects if all
weapons were 15 kt, 50 kt, and 100 kt, providing a range where a
nuclear exchange would likely fall into given the recent nuclear tests
performed by both nations. The ranges provided are large because
neither India or Pakistan is obligated to provide information on their
nuclear arsenals, so their extent remains largely unknown.[147]
Toon et. al assume that either a firestorm or conflagration will occur
after each detonation of the weapons, and the amount of black carbon
inserted into the atmosphere from the two outcomes will be equivalent
and of a profound extent;[147] in Hiroshima in 1945, it is predicted that
the firestorm released 1000 times more energy than was released
during the nuclear explosion.[148] Such a large area being burned would
release large amounts of black carbon into the atmosphere. The
amount released ranges from 16.1 Tg if all weapons were 15 kt or less
to 36.6 Tg for all 100 kt weapons.[147] For the 15 kt and 100kt range of
weapons, the researchers modeled global precipitation reductions of
15% to 30%, temperature reductions between 4K and 8K, and ocean
temperature decreases of 1K to 3K.[147] If all weapons used were 50 kt
or more, Hadley cell circulation would be disrupted and cause a 50%
decrease in precipitation in the American midwest. Net primary
productivity (NPP) for oceans decreases from 10% to 20% for the 15 kt
and 100 kt scenarios, respectively, while land NPP decreases between
15% and 30%; particularly affected are midlatitude agricultural regions
in the United States and Europe, experiencing 25-50% reductions in
NPP. [147] As predicted by other literature, once the black carbon is
removed from the atmosphere after ten years, temperatures and NPP
will return to normal.[147]
Criticism and debate
The four major, largely independent underpinnings that the nuclear
winter concept has and continues to receive criticism over, are
regarded as:[149] firstly, would cities readily firestorm, and if so how
much soot would be generated? Secondly, atmospheric longevity:
would the quantities of soot assumed in the models remain in the
atmosphere for as long as projected or would far more soot precipitate
as black rain much sooner? Third, timing of events: how reasonable is
it for the modeling of firestorms or war to commence in late spring or
summer (this is done in almost all US-Soviet nuclear winter papers,
thereby giving rise to the largest possible degree of modeled cooling)?
Lastly, the issue of darkness or opacity: how much light-blocking effect
the assumed quality of the soot reaching the atmosphere would have.
[149]
While the highly popularized initial 1983 TTAPS 1-dimensional model
forecasts were widely reported and criticized in the media, in part
because every later model predicts far less of its "apocalyptic" level of
cooling,[150] most models continue to suggest that some deleterious
global cooling would still result, under the assumption that a large
number of fires occurred in the spring or summer.[108][151] Starley L.
Thompson's less primitive mid-1980s 3-Dimensional model, which
notably contained the very same general assumptions, led him to coin
the term "nuclear autumn" to more accurately describe the climate
results of the soot in this model, in an on camera interview in which he
dismisses the earlier "apocalyptic" models.[152]
A major criticism of the assumptions that continue to make these
model results possible appeared in the 1987 book Nuclear War
Survival Skills (NWSS), a civil defense manual by Cresson Kearny for
the Oak Ridge National Laboratory.[153] According to the 1988
publication An assessment of global atmospheric effects of a major
nuclear war, Kearny's criticisms were directed at the excessive amount
of soot that the modelers assumed would reach the stratosphere.
Kearny cited a Soviet study that modern cities would not burn as
firestorms, as most flammable city items would be buried under non-
combustible rubble and that the TTAPS study included a massive
overestimate on the size and extent of non-urban wildfires that would
result from a nuclear war.[11] The TTAPS authors responded that,
amongst other things, they did not believe target planners would
intentionally blast cities into rubble, but instead argued fires would
begin in relatively undamaged suburbs when nearby sites were hit, and
partially conceded his point about non-urban wildfires.[11] Dr. Richard D.
Small, director of thermal sciences at the Pacific-Sierra Research
Corporation similarly disagreed strongly with the model assumptions,
in particular the 1990 update by TTAPS that argues that some 5,075
Tg of material would burn in a total US-Soviet nuclear war, as analysis
by Small of blueprints and real buildings returned a maximum of 1,475
Tg of material that could be burned, "assuming that all the available
combustible material was actually ignited".[149]
Although Kearny was of the opinion that future more accurate models
would "indicate there will be even smaller reductions in temperature",
including future potential models that did not so readily accept that
firestorms would occur as dependably as nuclear winter modellers
assume, in NWSS Kearny did summarize the comparatively moderate
cooling estimate of no more than a few days,[153] from the 1986 Nuclear
Winter Reappraised model[154][155] by Starley Thompson and Stephen
Schneider. This was done in an effort to convey to his readers that
contrary to the popular opinion at the time, in the conclusion of these
two climate scientists, "on scientific grounds the global apocalyptic
conclusions of the initial nuclear winter hypothesis can now be
relegated to a vanishing low level of probability."[153]
However, a 1988 article by Brian Martin in Science and Public
Policy[151] states that—although Nuclear Winter Reappraised concluded
the US-Soviet "nuclear winter" would be much less severe than
originally thought, with the authors describing the effects more as a
"nuclear autumn"—other statements by Thompson and Schneider[156]
[157]
show that they "resisted the interpretation that this means a
rejection of the basic points made about nuclear winter". In the Alan
Robock et al. 2007 paper, they write that "because of the use of the
term 'nuclear autumn' by Thompson and Schneider [1986], even
though the authors made clear that the climatic consequences would
be large, in policy circles the theory of nuclear winter is considered by
some to have been exaggerated and disproved [e.g., Martin, 1988]." [139]
[140]
In 2007 Schneider expressed his tentative support for the cooling
results of the limited nuclear war (Pakistan and India) analyzed in the
2006 model, saying "The sun is much stronger in the tropics than it is
in mid-latitudes. Therefore, a much more limited war [there] could have
a much larger effect, because you are putting the smoke in the worst
possible place", and "anything that you can do to discourage people
from thinking that there is any way to win anything with a nuclear
exchange is a good idea."[158]
The contribution of smoke from the ignition of live non-desert
vegetation, living forests, grasses and so on, nearby to many missile
silos is a source of smoke originally assumed to be very large in the
initial "Twilight at Noon" paper, and also found in the popular TTAPS
publication. However, this assumption was examined by Bush and
Small in 1987 and they found that the burning of live vegetation could
only conceivably contribute very slightly to the estimated total
"nonurban smoke production".[11] With the vegetation's potential to
sustain burning only probable if it is within a radius or two from the
surface of the nuclear fireball, which is at a distance that would also
experience extreme blast winds that would influence any such fires.
[159]
This reduction in the estimate of the non-urban smoke hazard is
supported by the earlier preliminary Estimating Nuclear Forest
Fires publication of 1984,[11] and by the 1950–60s in-field examination
of surface-scorched, mangled but never burnt-down tropical forests on
the surrounding islands from the shot points in the Operation
Castle[160] and Operation Redwing[161] test series.
….
A paper by the United States Department of Homeland Security,
finalized in 2010, states that after a nuclear detonation targeting a city
"If fires are able to grow and coalesce, a firestorm could develop that
would be beyond the abilities of firefighters to control. However experts
suggest in the nature of modern US city design and construction may
make a raging firestorm unlikely".[168] The nuclear bombing of Nagasaki
for example, did not produce a firestorm.[169] This was similarly noted as
early as 1986–88, when the assumed quantity of fuel "mass loading"
(the amount of fuel per square meter) in cities underpinning the winter
models was found to be too high and intentionally creates heat
fluxes that loft smoke into the lower stratosphere, yet assessments
"more characteristic of conditions" to be found in real-world modern
cities, had found that the fuel loading, and hence the heat flux that
would result from efficient burning, would rarely loft smoke much
higher than 4 km.[11]
Russell Seitz, Associate of the Harvard University Center for
International Affairs, argues that the winter models' assumptions give
results which the researchers want to achieve and is a case of "worst-
case analysis run amok".[170] In September 1986, Seitz published
"Siberian fire as 'nuclear winter' guide" in the journal Nature, in which
he investigated the 1915 Siberian fire, which started in the early
summer months and was caused by the worst drought in the region's
recorded history. The fire ultimately devastated the region, burning the
world's largest boreal forest, the size of Germany. While approximately
8˚C of daytime summer cooling occurred under the smoke clouds
during the weeks of burning, no increase in potentially devastating
agricultural night frosts occurred.[171] Following his investigation into the
Siberian fire of 1915, Seitz criticized the "nuclear winter" model results
for being based on successive worst-case events:
The improbability of a string of 40 such coin tosses coming up heads
approaches that of a pat royal flush. Yet it was represented as a
"sophisticated one-dimensional model" – a usage that is oxymoronic,
unless applied to [the British model Lesley Lawson] Twiggy.[172]
Seitz cited Carl Sagan, adding an emphasis: "In almost any realistic
case involving nuclear exchanges between the superpowers, global
environmental changes sufficient to cause an extinction event equal to
or more severe than that of the close of the Cretaceous when the
dinosaurs and many other species died out are likely." Seitz
comments: "The ominous rhetoric italicized in this passage puts even
the 100 megaton [the original 100 city firestorm] scenario ... on a par
with the 100 million megaton blast of an asteroid striking the Earth.
This [is] astronomical mega-hype ..."[172] Seitz concludes:
As the science progressed and more authentic sophistication was
achieved in newer and more elegant models, the postulated effects
headed downhill. By 1986, these worst-case effects had melted down
from a year of arctic darkness to warmer temperatures than the cool
months in Palm Beach! A new paradigm of broken clouds and cool
spots had emerged. The once global hard frost had retreated back to
the northern tundra. Mr. Sagan's elaborate conjecture had fallen prey
to Murphy's lesser-known Second Law: If everything MUST go wrong,
don't bet on it.[172]
Seitz's opposition caused the proponents of nuclear winter to issue
responses in the media. The proponents believed it was simply
necessary to show only the possibility of climatic catastrophe, often a
worst-case scenario, while opponents insisted that to be taken
seriously, nuclear winter should be shown as likely under "reasonable"
scenarios.[173] One of these areas of contention, as elucidated by Lynn
R. Anspaugh, is upon the question of which season should be used as
the backdrop for the US-USSR war models. Most models choose the
summer in the Northern Hemisphere as the start point to produce the
maximum soot lofting and therefore eventual winter effect. However, it
has been pointed out that if the same number of firestorms occurred in
the autumn or winter months, when there is much less intense sunlight
to loft soot into a stable region of the stratosphere, the magnitude of
the cooling effect would be negligible, according to a January model "nuclear winter" concept.[181] In 1986 Seitz also contends that many
run by Covey et al.[174] Schneider conceded the issue in 1990, saying "a others are reluctant to speak out for fear of being stigmatized as
war in late fall or winter would have no appreciable [cooling] effect". [149] "closet Dr. Strangeloves", physicist Freeman Dyson of Princeton for
example stated "It's an absolutely atrocious piece of science, but I
Anspaugh also expressed frustration that although a managed forest
quite despair of setting the public record straight."[182] According to the
fire in Canada on 3 August 1985 is said to have been lit by proponents
Rocky Mountain News, Stephen Schneider had been called a fascist
of nuclear winter, with the fire potentially serving as an opportunity to
by some disarmament supporters for having written his 1986 article
do some basic measurements of the optical properties of the smoke
"Nuclear Winter Reappraised."[153] MIT meteorologist Kerry
and smoke-to-fuel ratio, which would have helped refine the estimates
Emanuel similarly wrote in a review in Nature that the winter concept is
of these critical model inputs, the proponents did not indicate that any
"notorious for its lack of scientific integrity" due to the unrealistic
such measurements were made.[174] Peter V. Hobbs, who would later
estimates selected for the quantity of fuel likely to burn, the imprecise
successfully attain funding to fly into and sample the smoke clouds
global circulation models used. Emanuel ends by stating that the
from the Kuwait oil fires in 1991, also expressed frustration that he was
evidence of other models point to substantial scavenging of the smoke
denied funding to sample the Canadian, and other forest fires in this
by rain.[183] Emanuel also made an "interesting point" about questioning
way.[11] Turco wrote a 10-page memorandum with information derived
proponent's objectivity when it came to strong emotional or political
from his notes and some satellite images, claiming that the smoke
issues that they hold.[11]
plume reached 6 km in altitude.[11]
William R. Cotton, Professor of Atmospheric Science at Colorado State
In 1986, atmospheric scientist Joyce Penner from the Lawrence
University, specialist in cloud physics modeling and co-creator of the
Livermore National Laboratory published an article in Nature in which
highly influential[184][185] and previously mentioned RAMS atmosphere
she focused on the specific variables of the smoke's optical properties
model, had in the 1980s worked on soot rain-out models[11] and
and the quantity of smoke remaining airborne after the city fires. She
supported the predictions made by his own and other nuclear winter
found that the published estimates of these variables varied so widely
models.[186] However, he has since reversed this position, according to a
that depending on which estimates were chosen the climate effect
book co-authored by him in 2007, stating that, amongst other
could be negligible, minor or massive.[175] The assumed optical
systematically examined assumptions, far more rain out/wet deposition
properties for black carbon in more recent nuclear winter papers in
of soot will occur than is assumed in modern papers on the subject:
2006 are still "based on those assumed in earlier nuclear winter
"We must wait for a new generation of GCMs to be implemented to
simulations".[176]
examine potential consequences quantitatively". He also reveals that,
John Maddox, editor of the journal Nature, issued a series of skeptical in his view, "nuclear winter was largely politically motivated from the
comments about nuclear winter studies during his tenure.[177][178] Similarly beginning"
S. Fred Singer was a long term vocal critic of the hypothesis in the
journal and in televised debates with Carl Sagan.[179][180][11] POLICY IMPLICATON
Critical response to the more modern papers[edit] During the Cuban Missile Crisis, Fidel Castro and Che Guevara called
on the USSR to launch a nuclear first strike against the US in the event
In a 2011 response to the more modern papers on the hypothesis, of a US invasion of Cuba. In the 1980s, Castro was pressuring the
Russell Seitz published a comment in Nature challenging Alan Kremlin to adopt a harder line against the US under President Ronald
Robock's claim that there has been no real scientific debate about the Reagan, even arguing for the potential use of nuclear weapons. As a
direct result of this, a Soviet official was dispatched to Cuba in 1985
with an entourage of "experts", who detailed the ecological effect on
Cuba in the event of nuclear strikes on the United States. Soon after,
the Soviet official recounts, Castro lost his prior "nuclear fever". [187][188] In
2010, Alan Robock was summoned to Cuba to help Castro promote
his new view that nuclear war would bring about Armageddon.
Robock's 90 minute lecture was later aired on the nationwide state-
controlled television station in the country.[189][190]
However, according to Robock, insofar as getting US government
attention and affecting nuclear policy, he has failed. In 2009, together
with Owen Toon, he gave a talk to the United States Congress, but
nothing transpired from it and the then-presidential science
adviser, John Holdren, did not respond to their requests in 2009 or at
the time of writing in 2011
In a 2012 "Bulletin of the Atomic Scientists" feature, Robock and Toon,
who had routinely mixed their disarmament advocacy into the
conclusions of their "nuclear winter" papers,[18] argue in the political
realm that the hypothetical effects of nuclear winter necessitates that
the doctrine they assume is active in Russia and US, "mutually
assured destruction" (MAD), should instead be replaced with their own
"self-assured destruction" (SAD) concept,[194] because, regardless of
whose cities burned, the effects of the resultant nuclear winter that
they advocate would be, in their view, catastrophic. In a similar vein, in
1989 Carl Sagan and Richard Turco wrote a policy implications paper
that appeared in AMBIO that suggested that as nuclear winter is a
"well-established prospect", both superpowers should jointly reduce
their nuclear arsenals to "Canonical Deterrent Force" levels of 100–300
individual warheads each, such that in "the event of nuclear war [this]
would minimize the likelihood of [extreme] nuclear winter."[195]
An originally classified 1984 US interagency intelligence assessment
states that in both the preceding 1970s and 80s, the Soviet and US
military were already following the "existing trends" in warhead
miniaturization, of higher accuracy and lower yield nuclear warheads.
[196]
This is seen when assessing the most numerous physics
packages in the US arsenal, which in the 1960s were
the B28 and W31, however, both quickly became less prominent with
the 1970s mass production runs of the 50 Kt W68, the 100 Kt W76 and
in the 1980s, with the B61.[197] This trend towards miniaturization,
enabled by advances in inertial guidance and accurate GPS navigation
etc., was motivated by a multitude of factors, namely the desire to
leverage the physics of equivalent megatonnage that miniaturization
offered; of freeing up space to fit more MIRV warheads and decoys on
each missile. Alongside the desire to still destroy hardened targets but
while reducing the severity of fallout collateral damage depositing on
neighboring, and potentially friendly, countries. As it relates to the
likelihood of nuclear winter, the range of potential thermal
radiation ignited fires was already reduced with miniaturization. For
example, the most popular nuclear winter paper, the 1983 TTAPS
paper, had described a 3000 Mt counterforce attack on ICBM sites with
each individual warhead having approximately one Mt of energy;
however not long after publication, Michael Altfeld of Michigan State
University and political scientist Stephen Cimbala of Pennsylvania
State University argued that the then already developed and deployed
smaller, more accurate warheads (e.g. W76), together with lower
detonation heights, could produce the same counterforce strike with a
total of only 3 Mt of energy being expended. They continue that, if the
nuclear winter models prove to be representative of reality, then far
less climatic-cooling would occur, even if firestorm prone areas existed
in the target list, as lower fusing heights such as surface bursts would
also limit the range of the burning thermal rays due to terrain masking
and shadows cast by buildings,[198] while also temporarily lofting far
more localized fallout when compared to airburst fuzing – the standard
mode of employment against un-hardened targets.
..
This logic is similarly reflected in the originally classified
1984 Interagency Intelligence assessment, which suggests that
targeting planners would simply have to consider target combustibility
along with yield, height of burst, timing and other factors to reduce the
amount of smoke to safeguard against the potentiality of a nuclear
winter.[196] Therefore, as a consequence of attempting to limit the target
fire hazard by reducing the range of thermal radiation with fuzing for
surface and sub-surface bursts, this will result in a scenario where the
far more concentrated, and therefore deadlier, local fallout that is
generated following a surface burst forms, as opposed to the
comparatively dilute global fallout created when nuclear weapons are
fuzed in air burst mode.[198][205]
Altfeld and Cimbala also argued that belief in the possibility of nuclear
winter would actually make nuclear war more likely, contrary to the
views of Sagan and others, because it would serve yet further
motivation to follow the existing trends, towards the development of
more accurate, and even lower explosive yield, nuclear weapons.[203] As
the winter hypothesis suggests that the replacement of the then Cold
War viewed strategic nuclear weapons in the multi-megaton yield
range, with weapons of explosive yields closer to tactical nuclear
weapons, such as the Robust Nuclear Earth Penetrator (RNEP), would
safeguard against the nuclear winter potential. With the latter
capabilities of the then, largely still conceptual RNEP, specifically cited
by the influential nuclear warfare analyst Albert Wohlstetter.[206] Tactical
nuclear weapons, on the low end of the scale have yields that overlap
with large conventional weapons, and are therefore often viewed "as
blurring the distinction between conventional and nuclear weapons",
making the prospect of using them "easier" in a conflict.[207][208]
Alleged Soviet exploitation[edit]
See also: Soviet influence on the peace movement § Claims of wider
Soviet influence
In an interview in 2000 with Mikhail Gorbachev (the leader of the
Soviet Union from 1985–91), the following statement was posed to
him: "In the 1980s, you warned about the unprecedented dangers of
nuclear weapons and took very daring steps to reverse the arms race",
with Gorbachev replying "Models made by Russian and American
scientists showed that a nuclear war would result in a nuclear winter
that would be extremely destructive to all life on Earth; the knowledge
of that was a great stimulus to us, to people of honor and morality, to
act in that situation."[209]
However, a 1984 US Interagency Intelligence Assessment expresses a
far more skeptical and cautious approach, stating that the hypothesis is
not scientifically convincing. The report predicted that Soviet nuclear
policy would be to maintain their strategic nuclear posture, such as
their fielding of the high throw-weight SS-18 missile and they would
merely attempt to exploit the hypothesis for propaganda purposes,
such as directing scrutiny on the US portion of the nuclear arms race.
Moreover, it goes on to express the belief that if Soviet officials did
begin to take nuclear winter seriously, it would probably make them
demand exceptionally high standards of scientific proof for the
hypothesis, as the implications of it would undermine their military
doctrine – a level of scientific proof which perhaps could not be met
without field experimentation.[210] The un-redacted portion of the
document ends with the suggestion that substantial increases in Soviet
Civil defense food stockpiles might be an early indicator that Nuclear
Winter was beginning to influence Soviet upper echelon thinking.[196]
In 1985, Time magazine noted "the suspicions of some Western
scientists that the nuclear winter hypothesis was promoted by Moscow
to give anti-nuclear groups in the U.S. and Europe some fresh
ammunition against America's arms buildup."[211] In 1985, the United
States Senate met to discuss the science and politics of nuclear winter.
During the congressional hearing, the influential analyst Leon
Gouré presented evidence that perhaps the Soviets have simply
echoed Western reports rather than producing unique findings. Gouré
hypothesized that Soviet research and discussions of nuclear war may
serve only Soviet political agendas, rather than to reflect actual
opinions of Soviet leadership.[212]
In 1986, the Defense Nuclear Agency document An update of Soviet
research on and exploitation of Nuclear winter 1984–1986 charted the
minimal [public domain] research contribution on, and Soviet
propaganda usage of, the nuclear winter phenomenon.[213]
There is some doubt as to when the Soviet Union began modelling
fires and the atmospheric effects of nuclear war. Former Soviet
intelligence officer Sergei Tretyakov claimed that, under the directions
of Yuri Andropov, the KGB invented the concept of "nuclear winter" in
order to stop the deployment of NATO Pershing II missiles. They are
said to have distributed to peace groups, the environmental movement
and the journal Ambio disinformation based on a faked "doomsday
report" by the Soviet Academy of Sciences by Georgii Golitsyn, Nikita
Moiseyev and Vladimir Alexandrov concerning the climatic effects of
nuclear war.[214] Although it is accepted that the Soviet Union exploited
the nuclear winter hypothesis for propaganda purposes,[213] Tretyakov's
inherent claim that the KGB funnelled disinformation to AMBIO, the
journal in which Paul Crutzen and John Birks published the 1982 paper
"Twilight at Noon", has not been corroborated as of 2009.[215] In an
interview in 2009 conducted by the National Security Archive, Vitalii
Nikolaevich Tsygichko (a Senior Analyst at the Soviet Academy of
Sciences and military mathematical modeler) stated that Soviet military
analysts were discussing the idea of "nuclear winter" years before U.S.
scientists, although they did not use that exact term.
….
Mitigation techniques[edit]
See also: Conflict Resolution
A number of solutions have been proposed to mitigate the potential
harm of a nuclear winter if one appears inevitable. The problem has
been attacked at both ends; some solutions focus on preventing the
growth of fires and therefore limiting the amount of smoke that reaches
the stratosphere in the first place, and others focus on food production
with reduced sunlight, with the assumption that the very worst-case
analysis results of the nuclear winter models prove accurate and no
other mitigation strategies are fielded.
Fire control[edit]
In a report from 1967, techniques included various methods of applying
liquid nitrogen, dry ice, and water to nuclear-caused fires.[217] The report
considered attempting to stop the spread of fires by
creating firebreaks by blasting combustible material out of an area,
possibly even using nuclear weapons, along with the use of
preventative Hazard Reduction Burns. According to the report, one of
the most promising techniques investigated was initiation of rain from
seeding of mass-fire thunderheads and other clouds passing over the
developing, and then stable, firestorm.
Producing food without sunlight[edit]
See also: Impact Winter § Agriculture
In the book Feeding Everyone No Matter What, under the worst-case
scenario predictions of nuclear winter, the authors present various
unconventional food possibilities. These include natural-gas-digesting
bacteria, the most well known being Methylococcus capsulatus, that is
presently used as a feed in Fish farming;[218] bark bread, a long-
standing famine food utilizing the edible inner bark of trees and part of
Scandinavian history during the Little Ice Age;
increased fungiculture or mushrooms such as the honey fungi that
grow directly on moist wood without sunlight;[219] and variations of wood
or cellulosic biofuel production, which typically already creates
edible sugars/xylitol from inedible cellulose, as an intermediate product
before the final step of alcohol generation.[220][221] One of the book’s
authors, mechanical engineer David Denkenberger, states that
mushrooms could theoretically feed everyone for three years.
Seaweed, like mushrooms, can also grow in low-light conditions.
Dandelions and tree needles could provide Vitamin C, and bacteria
could provide Vitamin E. More conventional cold-weather crops such
as potatoes might get sufficient sunlight at the equator to remain
feasible.[222]
Large-scale food stockpiling[edit]
The minimum annual global wheat storage is approximately 2 months.
[223]
To feed everyone despite nuclear winter, years of food storage prior
to the event has been proposed.[224] While the suggested masses of
preserved food would likely never get used as a nuclear winter is
comparatively unlikely to occur, the stockpiling of food would have the
positive result of ameliorating the effect of the far more frequent
disruptions to regional food supplies caused by lower-level conflicts
and droughts. There is however the danger that if a sudden rush to
food stockpiling occurs without the buffering effect offered by Victory
gardens etc., it may exacerbate current food security problems by
elevating present food prices.[citation needed]
Climate engineering[edit]
See also: Anti-greenhouse effect
Despite the name "nuclear winter", nuclear events are not necessary to
produce the modeled climatic effect.[30][225] In an effort to find a quick and
cheap solution to the global warming projection of at least 2 ˚C of
surface warming as a result of the doubling in CO2 levels within the
atmosphere, through solar radiation management (a form of climate
engineering) the underlying nuclear winter effect has been looked at as
perhaps holding potential. Besides the more common suggestion to
inject sulfur compounds into the stratosphere to approximate the
effects of a volcanic winter, the injection of other chemical species
such as the release of a particular type of soot particle to create minor
"nuclear winter" conditions, has been proposed by Paul Crutzen and
others.[226][227] According to the threshold "nuclear winter" computer
models,[135][228] if one to five teragrams of firestorm-generated soot[229] is
injected into the low stratosphere, it is modeled, through the anti-
greenhouse effect, to heat the stratosphere but cool the lower
troposphere and produce 1.25 °C cooling for two to three years; and
after 10 years, average global temperatures would still be 0.5 °C lower
than before the soot injection.[15]
Potential climatic precedents
Similar climatic effects to "nuclear winter" followed
historical supervolcano eruptions, which plumed sulfate aerosols high
into the stratosphere, with this being known as a volcanic winter.[233] The
effects of smoke in the atmosphere (short wave absorption) are
sometimes termed an "antigreenhouse" effect, and a strong analog is
the hazy atmosphere of Titan. Pollack, Toon and others were involved
in developing models of Titan's climate in the late 1980s, at the same
time as their early nuclear winter studies.[234]
Similarly, extinction-level comet and asteroid impacts are also believed
to have generated impact winters by the pulverization of massive
amounts of fine rock dust. This pulverized rock can also produce
"volcanic winter" effects, if sulfate-bearing rock is hit in the impact and
lofted high into the air,[235] and "nuclear winter" effects, with the heat of
the heavier rock ejecta igniting regional and possibly even global forest
firestorms.[236][237]
This global "impact firestorms" hypothesis, initially supported by
Wolbach, H. Jay Melosh and Owen Toon, suggests that as a result of
massive impact events, the small sand-grain-sized ejecta fragments
created can meteorically re-enter the atmosphere forming a hot blanket
of global debris high in the air, potentially turning the entire sky red-
hot for minutes to hours, and with that, burning the complete global
inventory of above-ground carbonaceous material, including rain
forests.[238][239] This hypothesis is suggested as a means to explain the
severity of the Cretaceous–Paleogene extinction event, as the earth
impact of an asteroid about 10 km wide which precipitated the
extinction is not regarded as sufficiently energetic to have caused the
level of extinction from the initial impact's energy release alone.
The global firestorm winter, however, has been questioned in more
recent years (2003–2013) by Claire Belcher,[238][240][241] Tamara Goldin[242]
[243][244]
and Melosh, who had initially supported the hypothesis,[245][246] with
this re-evaluation being dubbed the "Cretaceous-Palaeogene firestorm
debate" by Belcher.
The issues raised by these scientists in the debate are the perceived
low quantity of soot in the sediment beside the fine-grained iridium-rich
asteroid dust layer, if the quantity of re-entering ejecta was perfectly
global in blanketing the atmosphere, and if so, the duration and profile
of the re-entry heating, whether it was a high thermal pulse of heat or
the more prolonged and therefore more incendiary "oven" heating,
[245]
and finally, how much the "self-shielding effect" from the first wave
of now-cooled meteors in dark flight contributed to diminishing the total
heat experienced on the ground from later waves of meteors.[238]
In part due to the Cretaceous period being a high-atmospheric-oxygen  Year Without a Summer, 1816, created by a volcanic eruption in
era, with concentrations above that of the present day. Owen Toon et Tambora.
al. in 2013 were critical of the re-evaluations the hypothesis is  Younger Dryas impact hypothesis, a controversial hypothesis that
undergoing.[239] an impact event & fires triggered the last ice age.
It is difficult to successfully ascertain the percentage contribution of the
soot in this period's geological sediment record from living plants and Documentaries[edit]
fossil fuels present at the time,[247] in much the same manner that the
fraction of the material ignited directly by the meteor impact is difficult
 On the 8th Day – Nuclear winter documentary (1984) filmed by
to determine.
the BBC and available on Internet video hosting websites;
chronicles the rise of the hypothesis, with lengthy interviews of the
See also[edit] prominent scientists who published the nascent papers on the
subject.[248]
 1883 eruption of Krakatoa, which caused approximately 1 kelvin of
global cooling for 2 years due to sulfate emissions. Media
 Dalton Minimum, 1790 to 1830, a period of prolonged solar
minimum activity, resulting in Earth receiving lower insolation
values. Media[edit]
 Nuclear holocaust
 Doomsday device  The Cold and the Dark: The World after Nuclear War: A book co-
 Global dimming, global reduction in ground insolation, due to the authored by Carl Sagan in 1984 which followed his co-authoring of
atmospheric injection of aerosols from various sources. the TTAPS study in 1983.
 Impact winter  Threads: A 1984 docu-drama that Carl Sagan assisted in an
 Laki, 1783 eruption of an Icelandic volcano which produced advisory capacity. This film was the first of its kind to depict a
continentally localized cooling for 1–2 years. nuclear winter.
 List of states with nuclear weapons  A Path Where No Man Thought: Nuclear Winter and the End of the
Arms Race: A book authored by Richard P. Turco and Carl Sagan,
 Little Ice Age, a period of low temperatures from the sixteenth to
publishSed in 1990; it explains the nuclear winter hypothesis and,
the nineteenth centuries, partially overlapping with the Maunder
with that, advocates nuclear disarmament.[249]
Minimum of solar activity, 1645 to 1715.
 Nuclear Winter is a mini documentary by Retro Report that looks at
 Nuclear famine
nuclear winter fears in today's world.
 Nuclear terrorism
 Toba catastrophe theory, a controversial hypothesis that a volcanic
winter produced by the eruption of a volcano in Toba, Indonesia,
created a human population bottleneck approx 80,000 years ago.
 Volcanic winter

Study materials
LIST OF MULTILATERAL TREATIES TO
WHICH NEPAL IS A PARTY AND A
SIGNATORY Government of Nepal
(Ministry Of Law, Justice And
Parliamentary Affairs, March 2018)
(LIST OF MULTILATERAL TREATIES
WHICH NEPAL IS A PARTY AND A
SIGNATORY Publisher: Government of
Nepal, Ministry of Law, Justice and
Parliamentary Affairs
Revised : March 2018 Although every effort
has been made to ensure the accuracy of the
content in this publication, any typographical
errors or omission will required a further
substantiation based on the original
documents.
Foreword
I am pleased to have brought out the revised
booklet “List of Multilateral Treaties to
which Nepal is a Party and a Signatory”. I am
confident that this publication would be very
useful to be informed and updated about the
multilateral treaties to which Nepal is a party
and a signatory in the context of treaties
being very important source of international
law. I would like to proudly express full
commitment of Nepal to “Pacta Sunt
survanda”, the fundamental principle of
treaty. I appreciate the efforts of the officers
of the Ministry to bring out this revised
publication.
March 2018
(Sher Bahadur Tamang)
Minister for Law Justice and Parliamentary
Affairs )
Acknowledgements
I am pleased to have the revised booklet
“List of Multilateral Treaties to which Nepal
is a Party and a Signatory” published by this
Ministry of Law, Justice and Parliamentary
Affairs, as the central depository of the
treaties to which Nepal is a party. I consider
it necessary for a state to keep up-to-date
information about those treaties to which it is
a party recognizing that treaties are the
primary source of international law. This
revised publication may not be an exhaustive
list of multilateral treaties to which Nepal is a
party as it is based on the information
available at this Ministry. It would,
nevertheless, serve as a catalogue of
multilateral treaties to which Nepal is a party.
I am hopeful that this publication would be
useful to the government agencies, policy
makers, students, academicians, researchers
and other stakeholders. Finally, I thank all the
officers of the International Law and Treaties
Division for their efforts in bringing out this
revised publication in this shape.
March 2018
(Dilli Raj Ghimire)
Officiating Secretary Ministry of Law
Justice and Parliamentary Affairs
Table of Contents
A. MULTILATERAL TREATIES TO
WHICH NEPAL IS A PARTY 9
Chapter I: Charter of the United Nations and
Statute of the International Court of Justice
9 Matters 18
Chapter II: Privileges and Immunities, and
Diplomatic and Consular Relations, etc. 9
Chapter III: Human Rights 10
Chapter IV: Humanitarian law 12
Chapter V: Environment 12
Chapter VI: Narcotic Drugs and Psychotropic
Substances 14
Chapter VII: Trade, Transit, Investment &
Intellectual property 14
Chapter VIII: Crime Control, Anti-
Corruption& Anti-Terrorism 15
Chapter IX: Civil Aviation 16
Chapter X: Finance 17
Chapter XI: Labour 17
Chapter XII: Education, Social and Cultural
Chapter XIII: Health 19
Chapter XIV: Food and Agriculture 19
Chapter XV: Maritime and Sea 20
Chapter XVI: Postal and Communication 20
Chapter XVII: Dispute Settlement 21
Chapter XVIII: Regional Instruments
(SAARC, BIMSTEC, Asia Pacific and
AALCO) 21
BIMSTEC 22 Asia Pacific
22 AALCO 23
Chapter XIX: Others 23
B. MULTILATERALTREATIES TO
WHICH NEPAL IS A SIGNATORY 24
A. MULTILATERAL TREATIES
WHICH NEPAL IS A PARTY
Chapter I:
Charter of the United
Nations and Statute of the
International Court of Justice
How to see?
{S.No. and Name of the Treaties}
{Date of Ratification(R), Accession
(A), Acceptance (a) by NEPAL}
1. Charter of the United Nations, 1945, and
(Amendments to the UN Charter of 1963,
1965 and 1971)
TO
14/12/1955 (A)
(3/12/1964, 20/7/1966, and 24/10/1972, (A)
respectively)
2. Statute of the International Court of 5. Vienna Convention on Diplomatic
Justice, 1945 Relations, 19612
14/12/1955 (A) 28/9/1965 (A)
Chapter II: 6. Optional Protocol to the Vienna
Convention on Diplomatic Relations,
Privileges and Immunities, Concerning Acquisition of Nationality, 1961
and Diplomatic and Consular 28/9/1965 (A)
Relations, etc. ……………….

3. Convention on the Privileges and 1 “Subject to the reservation with regard to

Immunities of the United Nations, 1946 1
28/9/1965 (A)
4. Convention on the Privileges and
Immunities of the Specialized Agencies,
1947
23/2/1954 (A)
section 18(c) of the Convention, that United
Nations officials of Nepalese nationality shall
not be exempt from service obligations
applicable to them pursuant to Nepalese law;
and Subject to the reservation with regard to
section 30 of the Convention, that any
difference arising out of the interpretation or
application of the Convention to which Nepal
is a party, shall be referred to the
International Court of Justice only with the 7. Optional Protocol to the Vienna
specific agreement of the Government of Convention on Diplomatic Relations,
Nepal. Concerning the Compulsory Settlement of
” 2 “Subject to the reservation with regard to Disputes, 1961
article 8, paragraph 3, of the Convention, that 28/9/1965 (A)
the prior consent to the Government of Nepal 8. Vienna Convention on Consular Relations,
shall be required for the appointment to the 1963
diplomatic staff of any mission in Nepal of
any national of a third State who is not also a 28 /9/1965 (A)
national of the sending State.” 9. Optional Protocol to the Vienna
NOTE: The terms “His Majesty’s Convention on Consular Relations
Government” and “Kingdom of Nepal” as Concerning Acquisition of Nationality, 1963
appeared in the text of reservation and 28/9/1965 (A)
declaration have been substituted with the
10. Optional Protocol to the Vienna
terms “Government of Nepal” and “Nepal”
Convention on Consular Relations
respectively
concerning the Compulsory Settlement of
………………………………………… Disputes, 1963
28/9/1965 (A)
11. Annex III-ICAO-to the Convention on
the Privileges and Immunities of the
Specialized Agencies, 1948; Annex-ILO
1948; Annex VII-WHO (1948); Annex II-
FAO-1948; Annex IV-UNESCO-1949;
Annex V-IMF- 1949; Annex VI-IBRD-1949;
Annex VIII-UPU-1949; Annex IX-ITU-1959
28/9/1965; 11/9/1996;
23/2/1954; 28/9/1965; 28/9/1965, 28/9/1965;
23/2/1954; 28/9/1965; 28/9/1965, 28/9/1965;
13/8/1958; 28/9/1965; (A)
Chapter III:
Human Rights
12. Slavery Convention, 1926
7/1/1963 (A)
13. 1953 Protocol Amending the Slavery
Convention, 1926
7/1/1963 (a)
14. Convention on the Prevention and
Punishment of the Crime of Genocide, 1948
17/1/1969 (A)
15. Convention for the Suppression of the
Traffic in Persons and of the Exploitation of
the Prostitution of Others, 1950
10/12/2002 (A)
16. Convention on the Political Rights of
Women, 1953 3 26/4/1966 (A)
17. Supplementary Convention on the
Abolition of Slavery, the Slave Trade, and
Institutions and Practices Similar to Slavery,
1956
7/1/1963 (A)
………………….
3 As regards to article IX of the Convention:
“A dispute shall be referred for decision to
the International Court of Justice only at the
request of all the parties to the dispute.
…………………………..
21. Optional Protocol to the International
Covenant on Civil and Political Rights, 1966
14/5/1991 (A)
22. International Convention on the
Suppression and Punishment of the Crime of
Apartheid, 1973

18. International Convention on the 12/7/1977 (A)

Elimination of All Forms of Racial 23. Convention on the Elimination of All
Discrimination, 19664 Forms of Discrimination against Women,
30/1/1971 (A) 1979

19. International Covenant on Economic, 22/4/1991(R)

Social and Cultural Rights, 1966 24. Convention against Torture and Other
14/5/1991 (A) Cruel, Inhuman or Degrading Treatment or
Punishment, 1984
20. International Covenant on Civil and
Political Rights, 1966 14/5/1991 (A) 14/5/1991 (A)
25. International Convention against
Apartheid in Sports, 1985
1/3/1989 (R)
26. Second Optional Protocol to the
International Covenant on Civil and Political
Rights, Aiming at the Abolition of the Death
Penalty, 1989
4/3/1998 (A)
27. Convention on the Rights of the Child,
1989
14/9/1990 (R)
……………………
4 “The Constitution of Nepal contains
provisions for the protection of individual
rights, including the right to freedom of
speech and expression, the right to form
unions and associations not motivated by
party politics and the right to freedom of
professing his /her own religion; and nothing
in the Convention shall be deemed to require
or to authorize legislation or other action by
Nepal incompatible with the provisions of the
Constitution of Nepal. The Government of
Nepal interprets article 4 of the said
Convention as requiring a Party to the
Convention to adopt further legislative
measures in the fields covered by sub-
paragraphs (a), (b) and (c) of that article only
insofar as the Government of Nepal may
consider, with due regard to the principles
embodied in the Universal Declaration of
Human Rights, that some legislative addition
to or variation of, existing law and practice in
those fields is necessary for the attainment of
the end specified in the earlier part of article
4. The Government of Nepal interprets the
requirement in article 6 concerning reparation
or satisfaction as being fulfilled if one or
other of these forms of redress is made
available; and further interprets satisfaction
as including any form of redress effective to
bring the discriminatory conduct to an end.
The Government of Nepal does not consider
itself bound by the provision of article 22 of
the Convention under which any dispute
between two or more States Parties with
respect to the interpretation or application of
the Convention is, at the request of any of the
parties to the dispute, to be referred to the
International Court of Justice for decision.”
5 (NOT SEEN IN TABLE…..)“The
Constitution of Nepal contains provisions for
the protection of individual rights, including
the right to freedom of speech and
expression, the right to form unions and
associations not motivated by party politics
and the right to freedom of professing his /her
own religion; and nothing in the Convention
shall be deemed to require or to authorize
legislation or other action by Nepal
incompatible with the provisions of the
Constitution of Nepal. The Government of
Nepal interprets article 4 of the said
Convention as requiring a Party to the
Convention to adopt further legislative
measures in the fields covered by sub-
paragraphs (a) and (b) of that article only
insofar as the Government of Nepal may
consider, with due regard to the principles
embodied in the Universal Declaration of
Human Rights, that some legislative addition
to, or variation of, existing law and practice
in those fields is necessary for the attainment
of the end specified in the earlier part of
article 4
………………………
28. Optional Protocol to the Convention on 32. Optional Protocol to the Convention on
the Elimination of All Forms of the Rights of Persons with Disabilities, 2006
Discrimination against Women, 1999 7/5/2010 (R)
15/6/2007 (R) Chapter IV:
29. Optional Protocol to the Convention on
the Rights of the Child on the Involvement of Humanitarian law
Children in Armed Conflict, 2000 33. Protocol for the Prohibition of the Use in
31/10/2005(R) War of Asphyxiating, Poisonous or Other
Gases and of Bacteriological Methods of
30. Optional Protocol to the Convention on
Warfare (Geneva Gas Protocol), 1925
the Rights of the Child on the Sale of
Children, Child Prostitution and Child 9/5/1969 (A)
Pornography, 2000 34. Convention for the Amelioration of the
20/1/2006 (R) Condition of the Wounded and Sick in
Armed Forces in the Field, 1949
31. Convention on the Rights of Persons
With Disabilities, 2006 7/2/1964 (A)
7/5/2010 (R) 35. Convention for the Amelioration of the
Condition of Wounded, Sick and
Shipwrecked Members of Armed Forces at 39. Statute of the International Atomic
Sea, 1949 Energy Agency, 1957
7/2/1964 (A) 8/7/2008 (A)
36. Convention Relative to the Treatment of 40. Treaty Banning Nuclear Weapon Tests in
Prisoners of War, 1949 the Atmosphere, in Outer Space and Under
7/2/1964 (A) Water, 1963

37. Convention Relative to the Protection of 7/10/1964 (R)

Civilian Persons in Time of War, 1949 41. Convention on the World Meteorological
7/2/1964 (A) Organization, 1873
38. Convention on the Prohibition of the 12/8/1996 (A)
Development, Production, Stockpiling and 42. Convention on Wetlands of International
Use of Chemical Weapons and on their Importance especially as Waterfowl Habitat
Destruction, 1993 (Ramsar Convention), 1971
18/11/1997 (R) 17/12/1987 (A)
Chapter V: 43. Convention on International Trade in
Endangered Species of Wild Fauna and
Environment Flora, 1973
18/6/1975 (A) Beijing Amendment to the Montreal
44. Vienna Convention for the Protection of Protocol, 1999
the Ozone Layer, 1985 6/7/1994 (A)
6/7/1994 (A) 6 /7/1994 (A)
45. Basel Convention on the Control of 18/5/2012 (A)
Transboundary Movements of Hazardous 18/5/2012 (A)
Wastes and Their Disposal, 1989
8/5/2012 (A)
15/10/1996 (A)
47. United Nations Framework Convention
46. Montreal Protocol on Substances that on Climate Change, 1992
Deplete the Ozone Layer, 1987,
2 /5/1994 (R)
London Amendment to the Montreal Protocol
on Substances that Deplete the Ozone Layer, 48. Convention on Biological Diversity,
1990 1992

Copenhagen Amendment to the Montreal 23/11/1993 (R)

Protocol, 1992 49. United Nations Convention to Combat
Montreal Amendment to the Montreal Desertification in those Countries
Protocol, 1997
Experiencing Serious Drought and/or 53. Instrument of Ratification (Paris
Desertification Especially in Africa, 1994 Agreement)
15/10/1996 (R) 01/10/2016
50. Kyoto Protocol to the United Nations Chapter VI:
Framework Convention on Climate Change,
1997 Narcotic Drugs and
16/10/2005 (A) Psychotropic Substances
51. Stockholm Convention on Persistent 54. Single Convention on Narcotic Drugs,
Organic Pollutants, 2001 1961 as Amended by the Protocol Amending
6 /3/ 2007 (R) the Single Convention on Narcotic Drugs
19616
29/6/1987 (A)
52. Rotterdam Convention on the Prior
Informed Consent Procedure for Certain 55. United Nations Convention Against Illicit
Hazardous Chemicals and Pesticides in Traffic in Narcotic Drugs and Psychotropic
International Trade, 1998 Substances, 1988
9/2/2007 (A) 24/7/1991 (A)
56. Convention on Psychotropic Substances,
1971
9/2/2007 (A)
Chapter VII:
Trade, Transit, Investment
and Intellectual property
57. Convention and Statute on Freedom of
Transit, 1921
12/8/1966 (A)
58. Convention Establishing
Cooperation Council, 1950
22/7/1985 (A)
59. Convention Concerning
Facilities for Touring, 1954
Additional Protocol to the Convention
concerning Customs Facilities for Touring,
relating to the Importation of Tourist
Publicity Documents and Material, 1954
21 /9/1960 (A)
21 /9/1960 (A)
60. Customs Convention on the Temporary
Importation of Private Road Vehicles, 1954
21/9/1960 (A)
61. Convention on Transit Trade of Land-
Locked States, 1965
Customs
22/8/1966 (R)
…………………..
Customs 6 The Government of Nepal in accordance
with article 49 paragraph 1 of the said
Convention hereby reserves the right to
permit temporarily in its territory: i. The
quasi-medical use of opium; ii. The use of 22/3/2001 (A)
cannabis, cannabis resin, extracts and 65. Berne Convention for the Protection of
tinctures of cannabis for non-medical Literary and Artistic Works, 1971 (1885)
purposes; and iii. The production and
manufacture of and trade in the drugs 11/10/2005 (A)
referred to under (i) and (ii) above. 66. International Convention on the
………………………………… Harmonized Commodity Description and
Coding System, 1988
62. Convention Establishing the World
Intellectual Property Organization (WIPO), 28/7/2006 (R)
1967 67. Protocol on Accession to the World Trade
4/11/1996 (A) Organization, 2004 (WTO Related
International Instruments)*
63. Constitution of the United Nations
Industrial Development Organization 23/4/ 2004 (A)
(UNIDO), 1979 Chapter VIII:
16/8/1983 (R)
64. Paris Convention for the Protection of
Industrial Property, 1883
 • General Agreement on Tariffs and Trade
Crime Control, Anti- 1994 (GATT 1994) • Agreement on
Corruption and Anti- Agriculture • Agreement on the Application
of Sanitary and Phytosanitary Measures •
Terrorism Agreement on Textiles and Clothing •
68. Convention on the Prevention and Agreement on Technical Barriers to Trade •
Punishment of Crimes Against Agreement on Trade-Related Investment
Internationally Protected Persons, Including Measures • Agreement on Implementation of
Diplomatic Agents, 1973 Article VI of the GATT 1994 • Agreement on
9/3/1990 (A) Implementation on Article VII of the GATT
1994 • Agreement on Preshipment Inspection
69. International Convention against the • Agreement on Rules of Origin • Agreement
Taking of Hostages, 1979 on Import Licensing procedures • Agreement
9/3/1990 (A ) on Subsidies and Countervailing Measures •
Agreement on Safeguards 3. General
……………….
Agreement on Trade in Services 4.
* The integral part of the Protocol includes Agreement on Trade-Related Aspects of
the following agreements: 1. Agreement Intellectual Property Rights 5. Understanding
Establishing the World Trade Organization 2. on Rules and Procedures Governing the
Multilateral Agreements on Trade in Goods: Settlement of Disputes
…………………….. 74. Warsaw Convention for the Unification
70. Convention on the Safety of United of Certain Rules Relating to International
Nations and Associated Personnel, 1994 7 Carriage by Air 1929

8/9/2000 (A) 12/2/1966 (A)

71. International Convention for the 75. Convention on International Civil

Suppression of the Financing of Terrorism, Aviation Organization (ICAO), 1944
19998 26/3/1947 (A)
23/12/2011 (A) 76. International Air Services Transit
72. United Nations Convention against Agreement, 1944
Transnational Organized Crimes, 20009 23/11/1965 (A)
23/12/2011 (R) ……………………
73. United Nations Convention against 7 Declaration: “The Government of Nepal
Corruption, 200310 avails itself of the provisions of article 22,
29/3/2011 (R) paragraph 22, and declares that it does not
consider itself bound by the provisions of
Chapter IX: paragraph 1 of the said article under which
any dispute between two or more States
Civil Aviation
parties concerning the interpretation or
application of this Convention shall at the
request of one of them, be submitted to
arbitration or referred to the International
Court of Justice, and states that in each
individual case, prior consent of all parties to
such a dispute is necessary for the submission
of the dispute to arbitration or the
International Court of Justice.”
8 Declaration: Declaration made by the
Government of Nepal in regard to Article 2
paragraph 2(a) to the International
Convention for the Suppression of the
Financing of Terrorism: “ the Government of
Nepal declares that as Nepal is not a party to
the following conventions referred to in
Annex to the International Convention for the
Suppression of the Financing of Terrorism, it
does not consider itself bound by the
provisions of such conventions until Nepal
become a Party to:
1. Convention on the Physical Protection of
Nuclear Material, adopted at Vienna on 3
March 1980.
2. Protocol for the Suppression of Unlawful
Acts of Violence at Airports Serving
International Civil Aviation, done at
Montreal on 24 February 1988
3. Convention for the Suppression of
Unlawful Acts against Safety of Maritime
Navigation, done at Rome on 10 March 1988
4. Protocol for the Suppression of Unlawful
Acts against the Safety of Fixed Platforms
located on the Continental Shelf, done at
Rome on 10 March 1988
5. International Convention for the
Suppression of Terrorist Bombing, adopted
by the General Assembly of the United
Nations on 15 December 1997
Reservation:
“Nepal hereby declares that it does not
consider itself bound by the provision of
paragraph (1) of Article 24 of the
International Convention for the Suppression
of Financing of Terrorism.”
9 Reservation: “In accordance with Article
35, paragraph (3), the Government of Nepal
declares that it does not consider itself bound
by the obligation set forth in Article 35
paragraph (2).”
10 Reservation: “The Government of Nepal
does not consider itself bound by the
provision of Article 66 of the United Nations
Convention against Corruption under which
any dispute between two or more States
Parties concerning the interpretation or
application of the Convention, at the request
of one of those States to the dispute shall be
submitted to arbitration, or any of those
States Parties may refer the dispute in
question to the International Court of
Justice.”
…………………..
77. Protocol to Amend the Warsaw
Convention of 1929 (1955)
12/2/1966 (A)
78. Convention on Offences and Certain
Other Acts Committed on Board Aircraft
(Tokyo Convention), 1963
15/1/1979 (A)
79. Convention for the Suppression of
Unlawful Seizure of Aircraft (Hague
Convention), 1970
11/1/1979 (A) 7/1/1966 (A)
80. Convention for the Suppression of 84. Agreement Establishing the Common
Unlawful Acts Against the Safety of Civil Fund for Commodities, 1980
Aviation (Montreal Convention), 1971 3/4/1984 (R)
11/1/1979 (A) 85. Articles of Agreement of the International
Chapter X: Development Association, 1960
6/3/1963 (A)
Finance
86. Convention Establishing the Multilateral
81. Articles of Agreement of the International
Investment Guarantee Agency (MIGA) of
Monetary Fund, 1944
International Bank for Reconstruction and
6/9/1961 (A) Development, 1985
82. Articles of Agreement of the 12/9/1993 (R)
International Bank for Reconstruction and
Development, 1944 Chapter XI:
6/9/1961 (A) Labour
83. Articles of Agreement of the International 87. International Labour Organization (ILO),
Finance Corporation, 1956 1919
1966 (a)
88. Convention Concerning the Application
of the Weekly Rest in Industrial
Undertakings, 1921 (ILO Convention No.14)
10/12/1986 (R)
89. Convention Concerning Forced or
Compulsory Labour, 1930 (ILO Convention
No. 29)
03/1/2002 (R)
90. Convention Concerning the Application
of the Principles of the Right to Organize and
to Bargain Collectively, 1949 (ILO
Convention No. 98)
11/11/ 1996(R)
91. Convention Concerning Equal
Remuneration for Men and Women Workers
for Work of Equal Value, 1951 (ILO
Convention 100)
10/6/1976 ( R )
92. Convention Concerning the Abolition of
Forced Labour, 1957 (ILO Convention No.
105)
30/8/2007 (R)
93. Convention Concerning Discrimination in
Respect of Employment and Occupation,
1958 (ILO Convention No. 111)
19/9/1974 (R )
94. Convention Concerning Minimum Wage
Fixing, with Special Reference to Developing
Countries, 1970 (ILO Convention No. 131)
19/8/ 1974 (R)
95. Convention Concerning Minimum Age 3/1/2002 (R)
for Admission to Employment, 1973 (ILO Chapter XII:
Convention No. 138)
30/5/1997 (R) Education, Social and
96. Convention Concerning Tripartite Cultural Matters
Consultations to Promote the Implementation
99. Constitution of the United Nations
of International Labour Standards, 1976 (ILO
Educational, Scientific and Cultural
Convention No. 144)
Organization, 1945
21/3/1995 (R)
1/5/1953 (A)
97. Convention Concerning Indigenous and
100. Statute of the World Tourism
Tribal Peoples in Independent Countries,
Organization, 1970
1989 (ILO Convention No. 169)
14/3/1975 (a)
14/8/2007 (R)
101. Convention on the Means of
98. Convention Concerning the Prohibition
Prohibiting and Preventing the Illicit Import,
and Immediate Action for the Elimination of
Export and Transfer of Ownership of Cultural
the Worst Forms of Child Labor, 1999 (ILO
property, 1970
Convention No. 182)
23/6/1976 (R)
 102. Convention Concerning the Protection
of the World Cultural and Natural Heritage,
Health
1972 106. Constitution of the World Health
Organization (WHO), 1946 Amendments –
20/6/1978 (A)
1959, 1967,1973, 1976 and 1986
103. Regional Convention on the
2/9/1953 (A) 12/4/1960, 20/5/1975,
Recognition of Studies, Diplomas and
10/2/1976, 23/4/1980, 30/8/1990, (A)
Degrees in Higher Education in Asia and the
respectively
Pacific, 1983
107. WHO Framework Convention on
2/11/1989 (R)
Tobacco Control, 2003
104. Convention for the Safeguarding of the
7/11/2006 (R)
Intangible Cultural Heritage, 2003
108. International Health Regulations (IHR),
15/6/2010 (R)
2005
105. International Convention against Doping
15/6/2007
in Sport, 2005
Chapter XIV:
15/6/2010 (R)
Chapter XIII: Food and Agriculture
 109. Constitution of the Food and 114. Agreement for the Establishment of a
Agriculture Organization (FAO), 1951 Center on Integrated Rural Development for
27/11/1951 (A) Asia and the Pacific, 1978

110. Plant Protection Agreement for the Asia 25/6/1979 (R)

and Pacific Region (1955) 115. Agreement on the Network of
12/8/1965 (Adherence) Aquaculture Centers in Asia and the Pacific,
1988
111. Plant Protection Agreement for the
South-East Asia and Pacific Region, 1956 4/1/1990 (R)

12/8/1965 (A) 116. International Treaty on Plant Genetic

Resources for Food and Agriculture, 2001
112. Agreement for the Establishment of a
Regional Animal Production and Health 19/10/2009 (A)
Commission for Asia and the Pacific, 1973 117. International Plant Protection
29/12/1975 (a) Convention, 1951

113. Agreement Establishing the 8/5/2006 (Adherence)

International Fund for Agriculture 118. Constitution of the International Rice
Development (IFAD), 1976 Commission, 1948
5/5/1978 (A) 11/7/1967 (a)
119. Agreement for the Establishment of the 2/11/1998 (R)
AsiaPacific Fishery Commission, 1948 123. Convention on the High Sea, 1958
23/3/1978 (a) 28/12/1962 (R)
120. International Coffee Agreement, 2007 124. Agreement relating to the
17/3/2017(A) Implementation of Part XI of the United
Chapter XV: Nations Convention on the Law of the Sea,
1982 / 1994
Maritime and Sea 2/11/1998 (R)
121. Convention on the International 125. Treaty on the Prohibition of the
Maritime Organization (IMO), 1948 Emplacement of Nuclear Weapons and other
Amendments – 1977, 1979, and 1993 Weapons of Mass Destruction on the Sea-
Bed and the Ocean Floor with the Subsoil
31/1/ 1979 (a) Thereof, 1971
3 1 / 1 / 1 9 7 9 , 1/11/1982 and 22/9/1998, 6/7/1971 (R)
(a) respectively.
Chapter XVI:
122. United Nations Convention on the Law
of the Sea, 1982 Postal and Communication
126. Treaty of Berne (establishing the 130. Convention on the Recognition and
Universal Postal Union), 1874 Enforcement of Foreign Arbitral Awards,
11/10/1956 (A) 195811

127. Constitution of the Universal Postal 4/3/1998 (A)

Union (UPU), 1964 131. Convention on the Settlement of
28 /9/1965 (Approval) Investment Disputes between States and
Nationals of Other States, 1965
128. Universal Postal Convention, 1964 28
/9/1965 (Approval) 28/9/1965 (S)

129. Constitution and Convention of the 132. Optional Protocol of Signature

International Telecommunication Union, concerning the Compulsory Settlement of
1992 Disputes, 1958

1/10/1997 (R) 29/4/1958 (signed)

Chapter XVII: Chapter XVIII:

Regional Instruments (SAARC, BIMSTEC,
Dispute Settlement Asia Pacific and AALCO)
133. Charter of the South Asian Association
for Regional Cooperation, 1985
8/12/1985 (signed)
134. SAARC Regional Convention on
Suppression of Terrorism, 1987
19/5/1988 (R)
135. Agreement on Establishing the SAARC
Food Security Reserve, 1987
12/8/1987 (R)
136. SAARC Convention on Narcotic Drugs
and Psychotropic Substances, 1990
5/4/1991 (R )
137. SAARC Convention on Preventing and
Combating Trafficking in Women and
Children for Prostitution, 2002
15/11/2005 (R )
138. SAARC Convention on Regional
Arrangements for the Promotion of Child
Welfare in South Asia, 2002
15/11/2005 (R )
139. Agreement on South Asian Free Trade
Area (SAFTA), 2004
6/1/2004 (R )
140. Additional Protocol to the SAARC
Regional Convention on Suppression of
Terrorism, 2004
12 /1/2006 (R)
141. SAARC Agreement on Mutual
Administrative Assistance in Customs
Matter, 2005
19/10/2006 (R )
…………………
11 Declaration “Nepal will apply the
Convention, on the basis of reciprocity, to the
recognition and enforcement of awards made
only in the territory of another contracting
state. The Government of Nepal further 24/7/2009 (R )
declares that Nepal will apply the Convention 145. SAARC Agreement on Trade in Service
only to the differences arising out of legal (SATIS), 2010
relationship, whether contractual or not,
which are considered as commercial under 16/2/2012 (R )
the law of Nepal.” 146. SAARC Convention on Cooperation on
……………. Environment, 2010

142. SAARC Limited Multilateral 25/4/2012 (R)

Agreement on Avoidance of Double Taxation 147. Amendment to the SAARC Limited
and Mutual Administrative Assistance in Tax Multilateral Agreement on Avoidance of
Matters, 2005 Double Taxation and Mutual Administrative
19/10/2006 (R ) Assistance in Tax Matters

143. Agreement for the Establishment of 4/4/2010 (R)

SAARC Arbitration Council, 2005 148. Protocol of Accession of Afghanistan to
20/3/2007 (R) Agreement on SAFTA, 2008

144. Agreement on the Establishment of 24/7/2009 (R)

South Asian Regional Standards 149. SAARC Framework Agreement for
Organization (SARSO), 2008 Energy Cooperation (Electricity)
27/11/2014 (A) 154. Agreement Establishing the Asia-Pacific
Institute for Broadcasting Development, 1977
BIMSTEC 11 /9/1980 (R )
150. Framework Agreement on the
155. Charter of the Asian and Pacific
BIMSTEC Free Trade Area, 2004
Development Centre, 1982
8/2/2004 (A)
25/4/1983 (signed)
151. Protocol to the Framework Agreement
156. Intergovernmental Agreement on Asian
on the BIMSTEC Free Trade Area, 2004
Highway Network, 2003
25/06/2004 (signed)
14/6/2010(R)
Asia Pacific 157. Intergovernmental Agreement on the
TransAsian Railway Network, 2006
152. Agreement Establishing the Asian
Development Bank, 1965 6/3/2012 (R)
21/6/1966 (R ) 158. Charter of the Asian Institute of
Technology (AIT)
153. Convention of the Asia-Pacific
Telecommunity, 1976 19/1/2012 (R)
12 /5/1977 (R ) AALCO
159. Statute of Asian African Legal 10/10/1967 (R)
Consultative Organization, 1956 163. Regional Cooperative Agreement for
9/7/1971 (a) Research, Development and Training Related
Chapter XIX: to Nuclear Science and Technology, 1987
28/03/2012 (a)
Others 164. Statute of the Inter-Parliamentary
160. International Center for Integrated Union, 1976
Mountaineering Development (ICIMOD),
1967 (affiliation)
1983
165. Constitution of the International
1983 (signed)
Criminal Police Commission (INTERPOL),
161. Treaty on the Non-proliferation of 1923 27/9/1967
Nuclear Weapons, 1968
B. MULTILATERALTREATIES
9/1/1970 (R)
TO WHICH NEPAL IS A
162. Treaty on Principles Governing the SIGNATORY
Activities of States in the Exploration and
Use of Outer Space, including the Moon and {S.No. Name of Treaties
Other Celestial Bodies 1967 Date of Signature}
1. Convention on the Territorial Sea and the
Contiguous Zone, 1958
29/4/1958 (s)
2. Convention on the Fishing and
Conservation of The Living Resources of The
High Seas, 1958
29/4/1958 (s)
3. Convention on The Continental Shelf,
1958
29/4/1958 (s)
4. Vienna Convention on the Law of Treaties,
1969
23/5/1969 (s)
5. Convention on the Prohibition of the
Development, Production and Stockpiling of
Bacteriological (Biological) and Toxin
Weapons and on their Destruction, 1972
10/4/1972 (s)
6. Comprehensive Nuclear-Test-Ban Treaty,
1996
8/10/1996(s)
7. International Convention for the
Suppression of Terrorist Bombing, 1997
24/9/1999(s)
8. Tampere Convention on the Provision of
Telecommunication Resources for Disaster
Mitigation and Relief Operations, 1998
23/4/1999 (s)
9. Cartagena Protocol on Biosafety to the
Convention on Biological Diversity, 2000
2 /3/2001 (s)
10. Protocol Additional to the Geneva
Conventions of 12 August 1949, and relating
to the Adoption of an Additional Distinctive 15. BIMSTEC Convention on Cooperation in
Emblem (Protocol III), 2005 Combating International Terrorism,
14/3/2006(s) Transnational Organized Crime and Illicit
Drug Trafficking
11. Agreement on Establishing of the
SAARC Food Bank, 2007 11/12/2009 (s)

3/4/2007(s) 16. Convention on the Suppression of

Unlawful Acts Relating to International Civil
12. SAARC Agreement on Mutual Aviation, 2010
Assistance in Criminal Matters, 2005
10/9/2010 (s)
3/8/2008(s)
17. Protocol Supplementary to the
13. Charter of the SAARC Development Convention for Suppression of Unlawful
Fund, 2008 Seizure of Aircraft, 2010
3/7/2008 (s) 10/9/2010 (s)
14. Convention on Protection of Children and 18. Agreement on Establishing the SAARC
Cooperation in Respect of Intercountry Seed Bank, 2011
Adoption, 1993
11/11/2011 (s)
28/4/2009 (s)
19. SAARC Agreement on Implementation 24. Intergovernmental Agreement on Dry
of Regional Standards, 2011 Ports, 2013
11/11/2011 (s) 7/11/2013 (s)
20. SAARC Agreement on Multilateral 25. Memorandum of Understanding on the
Arrangement on Recognition of Conformity Establishment of the BIMSTEC Cultural
Assessment, 2011 Industries Commission (BCIC) and
11/11/2011 (s) BIMSTEC Cultural Industries Observatory
(BCIO)
21. SAARC Agreement on Rapid Response
to Natural Disasters, 2011 4/3/2014 (s)

11/11/2011 (s) 26. Memorandum of Association (MOA) on

the Establishment of the BIMSTEC
22. Establishment of BIMSTEC Energy Permanent Secretariat
Centre, 2005
4/3/2014(s)
22/1/2011 (s)
27. Memorandum of Association among the
23. Minamata Convention on Mercury, 2013 BIMSTEC Member Countries Concerning
10/10/2013 (s) Establishment of a Center for Weather and
Climate
 4/3/2014(s) b. Constitution of Nepal 2015 (Nepali Name
: नेपालको संविधान २०७२) is the present governing
End
Constitution of Nepal. Nepal is governed
according to the Constitution which came
into effect on Sept 20, 2015, replacing the
Note: Short introduction of Interim Constitution of 2007. The
constitution of Nepal is divided into 35 parts,
previous constitution 308 Articles and 9 Schedules.The
Constitution was drafted by the Second
Constitution of Republic Nepal Constituent Assembly following the failure
of the First Constituent Assembly to produce
a. New Constitution of Nepal was
a constitution in its mandated period after the
promulgated at 6 pm of 20th
devastating earthquake in April 2015. The
September. Constitution of Nepal 2072 was constitution was parties which refrained from
passed on September 16 by CA meeting the voting process.
which guaranteed Nepal as a federal
democratic republican state. This is the first c. Struggles in Promulgating a New
time that Nepal has Constitution
achieved Constitution that is issued
by Constitution Assembly that is wholly The Interim Constitution provided for
selected by Nepalese public. a Constituent Assembly, which was charged
with writing Nepal's temporary constitution.
Under the terms of the Interim Constitution,
the new constitution was to be promulgated
by April 28, 2010, but the Constituent
Assembly postponed the promulgation by a
year because of disagreements. On May 25,
2011, the Supreme Court of Nepal ruled that
the 2010 extension of the Interim
Constitution was not right. Since May 29,
2011 the Constituent Assembly repeatedly
extended the Interim Constitution.
On May 28, 2012, the Constituent Assembly
was dissolved after it failed to finish the
constitution after the latest extension, ending
four years of constitution drafting and leaving
the country in a legal vacuum. New elections
were held on November 19, 2013 to
the Second Nepalese Constituent
Assembly and political leaders pledged to
draft a new constitution within a year. The
new assembly expressly committed that the
new constitution would be promulgated on
January 22, 2015. However, due to continued
differences on key issues including system of
governance, judicial system and federation
issues like number, name and areas of the
states to be carved, the constitution could not
be finalized and promulgated in time.
d. Salient features of the Constitution of
Nepal
The constitution is largely written in gender
neutral terms. Some of the important aspects
of the constitution include the following:
 The Constitution restructured Nepal into a
federal republic. The Constitution divided
the nation into seven provinces and
completed the transition of Nepal from
constitutional monarchy to republicanism
and from a unitary system to federalism.
 The Federal system is established with
three tiers, Federal Government,
 Provincial Level and Local Level. The
guiding principles of the 'Holding
Together' type of Nepalese federal system
is based on Co-existence, Co-operation
and Co-ordination (3Cs).
 Nepal is defined in article 4 as an
"independent, indivisible, sovereign,
secular, inclusive, democratic, socialism-
oriented, federal democratic republican
state."
 A bicameral parliamentary system was
created with two Federal houses and
unicameral parliamentary systems in each
province.
 A mixed electoral system was adopted for
the elections of the lower Federal house
with both first-past-the-post and
proportional electoral aspects used to elect
members.
 The rights of gender and sexual minorities
are protected by the new constitution with
provisions of special laws to protect,
empower and develop minority groups as
well as allowing them to get citizenship in
their chosen gender.
 The rights of women were explicitly
recognized, the constitution stating that
“women shall have equal ancestral right
without any gender-based discrimination.”
 Acts leading to conversions from one
religion to another were banned, and acts
that undermine or jeopardize the religion
of another prohibited. At the same time the
constitution declares the nation to be
secular and neutral toward all religions.
 Nepal also has continued not to use the
death penalty. Nepal had abolished capital
punishment in 1990 after the promulgation
of that year's Constitution of the Kingdom
of Nepal
e. Preamble
We, the Sovereign People of Nepal,
internalizing the people's sovereign right and
right to autonomy and self-rule, while
maintaining freedom, sovereignty, territorial
integrity, national unity, independence and
dignity of Nepal, recalling the glorious
history of historic people's movements,
armed conflict, dedication and sacrifice
undertaken by the Nepalese people at times
for the interest of the nation, democracy and
progressive changes, and respecting for the
martyrs and disappeared and victim citizens,
ending all forms of discrimination and
oppression created by the feudalistic,
autocratic, centralized, unitary system of
governance, protecting and promoting social
and cultural solidarity, tolerance and
harmony, and unity in diversity by
recognizing the multi-ethnic, multi-lingual,
multi-religious, multi-cultural and diverse
regional characteristics, resolving to build an
egalitarian society founded on the
proportional inclusive and participatory
principles in order to ensure economic
equality, prosperity and social justice, by
eliminating discrimination based on class,
caste, region, language, religion and gender
and all forms of caste- based untouchability,
and being committed to socialism based on
democratic norms and values including the
people's competitive multi-party democratic
system of governance, civil liberties,
fundamental rights, human rights, adult
franchise, periodic elections, full freedom of
the press, and independent, impartial and
competent judiciary and concept of the rule
of law, and build a prosperous nation, do
hereby pass and promulgate this Constitution,
through the Constituent Assembly, in order to
fulfill the aspirations for sustainable peace,
good governance, development and
prosperity through the federal, democratic,
republican, system of governance.
f. Previous Constitutions of Nepal
In the 68-year history of constitutional
development up to this Constitution, Nepal
experienced 7 different constitutions in
different time periods, with previous
constitutions being enacted in 1948, 1951,
1959, 1962, 1990, 2007 and 2015.
g. The Nepal Government Act 1948
In 2004 Bikram Sambat, the Government of
Nepal Act was enacted. Since the mid-
nineteenth century, the country had been a
monarchy where the prime ministers, from
the Rana dynasty, had sweeping control over
the affairs of the state. The 1948 (Common
Era) document introduced limited democratic
elements, but the experiment was not
successful due to the misgivings of the Rana
rulers to give away power. This constitution
was declared on 26 January 1948 by PM
Padma Shumsher. The constitution was
formed under the chairmanship of Padma
Shumsher and three Indian Scholars had
helped him to prepare this document. The
three Indian Scholars who contributed during
its writing were Prakash Gupta, Raghunath
Singh and Ram Ugra Singh. It consisted of 6
parts, 68 articles and 1 schedules.
h. The Nepal Interim Government Act
1951
The Interim Government of Nepal Act 1951
was promulgated after the Revolution of
1951 at the end of the Rana period. This text
strengthened the authority of the king, and
introduced relevant reforms such as the
creation of the Supreme Court and the
inclusion of fundamental rights and socio-
economic goals to be pursued by the state.
This constitution was promulgated on 30
March 1951 by King Tribhuwan. It consisted
of 7 parts, 73 articles and 3 schedules.
i. The Constitution of the Kingdom of
Nepal, 1959
The Constitution of the Kingdom of Nepal,
1959 followed the previously mentioned
interim text. Despite the establishment of a
bicameral parliament, the king continued to
hold important powers such as the
prerogative to appoint half of the members of
the Senate and the suspension of parliament
under certain circumstances.This constitution
was drafted under the chairmanship of
Bhagawati Pd Singh. The constitution
drafting commission included members like
Surya Pd Upadhyaya, Ranabir Subba, Hari
prashad Joshi. Sir Ivor Jennings was an
advisor in this committee. This constitution
was promulgated on 12 February 1959. It
consisted of 10 parts, 77 articles and 3
schedules.
j. Constitution of Nepal 1962
The democratic experiment was short-lived,
as in 1962 a new constitution came in to
eliminate political parties, and to introduce
the so-called panchayat system. In this
model, panchayats were councils organized
at the local level, presumably to ensure the
representation of citizens. However, the king
exercised much stronger authority than in the
1959 regime. and could modify the
constitution or suspend it in case
of emergency. This constitution was
promulgated on 16 December 1962 by King
Mahendra. It consisted of 20 parts, 97 articles
and 6 schedules.
k. Constitution of the Kingdom of Nepal,
1990
In 1990, the first Jana Andolan, Popular
Revolt, brought multi-party democracy back
to Nepal. The Constitution of the Kingdom of
Nepal, 1990 lifted the ban on political parties,
described a democratic representative system
where the authority of the king was curtailed,
and enshrined fundamental rights. Although
the 1990 constitution substantially increased
the democratic character of the state in
comparison with the Panchayat Regime,
critiques have argued that this text did not
adequately represent all sectors of society,
even though Nepal is a multi-cultural country
where diverse social groups coexist. This
constitution was promulgated on 9 November
1990 by King Birendra. It consisted of 23
parts, 133 articles and 3 schedules. This
constitution was repealed by the constitution
of Nepal.
l. Nepal Interim Constitution, 2007
Again following the 2007 democracy
movement in Nepal, Interim Constitution was
promulgated in 2007. This constitution was
promulgated on 15 January 2007. It consisted
of 25 parts, 167 articles and 4 schedules. It
has articles on citizenship, fundamental
rights, responsibilities, directive principles
and policies of the State, the Executive,
Legislature-Parliament, the Constituent
Assembly, the legislative procedure, the
financial procedure, the Judiciary, the
Commission for the Investigation of Abuse
of Authority, the Auditor General, the Public
Service Commission, the Election
Commission, the National Human Rights
Commission, the Attorney General, structure
of State and local self-governance, political
parties, emergency powers, provisions
regarding the army, amendment of the
Constitution and transitional provisions.
m. Controversy over 2015 Constitution
The promulgation of the new constitution
was immediately followed by blockade by
India in all checkpoints at Nepal-India
border. Various Human Rights Activists and
some ethnic groups in lowland Nepal have
accused the Constitution of being gender
discriminatory especially in regards to
citizenship provisions. They allege new
constitution makes it difficult for woman to
pass on citizenship to their children as
compared to men.
Similarly, Madhesi and indigenous
population view that the new constitution
fails to address demands of marginalized
communities and support status-quo of the
ruling groups. They are protesting mainly
over the federal delineation of new states as
proposed in the constitution fearing existing
demarcation could affect their political
representation. With the protest ongoing
since August 15, 2015 or earlier, at least 45
people, including 8 security personals and
one Indian National, have been
killed. Human Rights Watch has criticized
the Nepal Government as well as the
protesters for violation of human rights
during the protest. Additionally, there is
controversy over Nepalese citizenship rules,
which Nepal deems to protect the state from
being overwhelmed by Indian immigrants,
and which India claims discriminates
against Madhesis of Indian origins, the draft
constitution and final constitution that passed
differ on this issue.
n. Parts of the Constitution
The Constitution has 35 parts which are as
follows:
1. Preliminary (part 1)
2. Citizenship (Part 2)
3. Fundamental Rights and Duties (Part 3)
4. Directive Principles, Policies and
Responsibilities of the State (Part 4)
5. Restructuring of the State and distribution
of State power (Part 5)
6. President and Vice-President (Part 6)
7. Federal Executive (Part 7)
8. Federal Parliament (Part 8)
9. Federal Legislative Procedure (Part 9)
10. Federal Financial Procedures (Part 10)
11. Judiciary (Part 11)
12. Attorney General (Part 12)
13. Provincial Executive (Part 13)
14. Provincial Legislature (Part 14)
15. Provincial Legislative Procedure (Part 15)
16. Financial Procedures of Province (Part
16)
17. Local Executive (Part 17)
18. Local Legislature (Part 18)
19. Local Financial Procedure (Part 19)
20. Interrelationship between the Federation,
Provinces and Local Levels (Part 20)
21. Commission for the Investigation of
Abuse of Authority (Part 21)
22. Auditor General (Part 22)
23. Public Service Commission (Part 23)
24. Election Commission (Part 24)
25. National Human Rights Commission
(Part 25)
26. National Natural Resources and Fiscal
Commission (Part 26)
27. Other Commissions (Part 27)
28. Provision regarding National Security
(Part 28)
29. Provision relating to Political Parties
(Part 29)
30. Emergency Power (Part 30)
31. Amendment of the Constitution (Part 31)
32. Miscellaneous (Part 32)
33. Transitional Provisions (Part 33)
34. Definitions and Interpretations (Part 34)
35. Short title, Commencement and Repeal
(Part 35)
o. Citizenship Provisions in the
Constitution of Nepal 2015
The conditions to be fulfilled to be a
Nepalese Citizen are outlined below (Copied
from Section 11, Part 2, Constitution of
Nepal, 2015)(final)
(1) The persons who have acquired
citizenship of Nepal at the commencement of
this Constitution and the persons who are
eligible to acquire citizenship of Nepal under
this Part shall be deemed to be the citizens of
Nepal.
(2) The following persons who have their
permanent domicile in Nepal shall be deemed
to be citizens of Nepal by descent:-
1. A person who has acquired the
citizenship of Nepal by descent before
the commencement of this constitution.
2. Any person whose father or mother was
a citizen of Nepal at the birth of such a
person.
(3) A child of a citizen who has acquired
citizenship of Nepal by birth before the
commencement of this Constitution shall, if
his/her father and mother both are the citizens
of Nepal, shall be entitled to Nepali
citizenship by descent upon his/her attaining
the age of maturity.
(4) Every child found in Nepal whereabouts
of whose paternity and maternity is not
known shall, until the mother or father is
traced, be deemed a citizen of Nepal by
descent.
(5) A person born to a Nepali citizen mother
and having his/her domicile in Nepal but
whose father is not traced, shall be conferred
the Nepali citizenship by descent.
Provided that in case his/her father is found
to be a foreigner, the citizenship of such a
person shall be converted to naturalized
citizenship according to the Federal law.
(6) If a foreign woman married to a Nepali
citizen so wishes, she may acquire
naturalized citizenship of Nepal as provided
for in a Federal law.
(7) Notwithstanding anything contained
elsewhere in this Article, in case of a person
born to Nepali woman citizen married to a
foreign citizen, he/she may acquire
naturalized citizenship of Nepal as provided
for by a Federal law if he/she is having the
permanent domicile in Nepal and he/she has
not acquired citizenship of the foreign
country.
Provided that if his/her father and mother
both are the citizen of Nepal at the time of
acquisition of the citizenship, he/she, if born
in Nepal, may acquire citizenship by descent.
(8) Except provided for in this Article,
Government of Nepal may confer naturalized
citizenship of Nepal according to Federal
law.
(9) Government of Nepal may confer
honorary citizenship according to Federal
law.
(10) In case any area is annexed into Nepal
by merger, the persons having domicile in
such area shall be citizens of Nepal subject to
a Federal law.
p. Fundamental rights guaranteed in the
Constitution (Part 3)
1. Right to Life of Dignity (Article 16)
2. Right to Freedom (Article 17)
3. Right to Equality (Article 18)
4. Right to Communication (Article 19)
5. Right regarding Justice (Article 20)
6. Right of the Victim of Crime (Article 21)
7. Right against Torture (Article 22)
8. Right against Preventive Detention (Article
23)
9. Right against Untouchability and
Discrimination (Article 24)
10. Right to Property (Article 25)
11. Right to Religious Freedom (Article 26)
12. Right to Information (Article 27)
13. Right to Privacy (Article 28)
14. Right against Exploitation (Article 29)
15. Right to Fresh Environment (Article 30)
16. Right regarding Education (Article 31)
17. Right to Language and Culture (Article
32)
18. Right to Employment (Article 33)
19. Right to Labour (Article 34)
20. Right regarding Health (Article 35)
21. Right regarding Food (Article 36)
22. Right to Residence (Article 37)
23. Women's Rights (Article 38)
24. Children's Rights (Article 39)
25. Dalit's Rights (Article 40)
26. Senior Citizen's Rights (Article 41)
27. Right to Social Justice (Article 42)
28. Right to Social Security (Article 43)
29. Consumer's Rights (Article 44)
30. Right against Exile (Article 45)
31. Right to Constitutional Remedy (Article
46)
q. Constitutional Organs (Part 21-27)
The following are the Constitutional organs
of Nepal:
1. Commission for the Investigation of Abuse
of Authority (CIAA) (Part 21)
2. Auditor General (Part 22)
3. Public Service Commission (Part 23)
4. Election Commission (Part 24)
5. National Human Rights Commission (Part
25)
6. National Natural Resources and Fiscal
Commission (Part 26)
7. Other Commissions (Part 27) :
1. National Women Commission
2. National Dalit Commission
3. National Inclusive Commission
4. National Aborigines Commission
5. Madhesi Commission
6. Tharu Commission
7. Muslim Commission
r. Schedules of the Constitution
The Constitution has 9 schedules as follows:
1. Nepali National Flag (Schedule 1)
2. National Anthem of Nepal (Schedule 2)
3. Coat of Arms of Nepal (Schedule 3)
4. Provinces and Districts within provinces
(Schedule 4)
5. List of Federal Powers/Jurisdiction
(Schedule 5)
6. List of Provincial Powers/Jurisdiction
(Schedule 6)
7. List of Concurrent (federal and provincial) Part -6 President and Vice-President
powers/jurisdiction (Schedule 7) Part-7 Federal Executive
8. List of Powers/Jurisdiction for Local Level Part-8 Federal Legislature
(Schedule 8)
Part-9 Federal Legislative Procedures
9. List of Concurrent Powers/Jurisdiction for
Federation, Province and Local Level Part-10 Federal Financial Procedures
(Schedule 9) Part-11 Judiciary
Part-12 Attorney General
Part-13 State Executive
s. THE CONSTITUTION OF NEPAL
Part-14 State Legislature
Table of Contents
Part- 15 State Legislative Procedures
Preamble
Part-16 State Financial Procedures
Part-1 Preliminary
Part-17 Local Executive
Part-2 Citizenship
Part-18 Local Legislature
Part-3 Fundamental Rights and Duties
Part-19 Local Financial Procedures
Part-4 Directive Principles, Policies and
Obligations of the State Part-20 Interrelations between Federation,
State and Local level
Part-5 Structure of State and Distribution of
State Power
Part- 21 Commission for the Investigation of
Abuse of Authority
Part-22 Auditor General
Part -23 Public Service Commission
Part-24 Election Commission
Part-25 National Human Rights Commission
Part -26 National Natural Resources and
Fiscal Commission
Part -27 Other Commissions
Part -28 Provision Relating National Security
Part- 29 Provision relating to Political Parties
Part- 30 Emergency Power
Part- 31 Amendment to the Constitution
Part- 32 Miscellaneous
Part- 33 Transitional Provisions
Part- 34 Definitions and Interpretation
Part- 35 Short Title, Commencement and
Repeal
Schedule- 1 National Flag of Nepal
Schedule -2 National Anthem of Nepal
Schedule -3 Coat of Arms of Nepal
Schedule -4 States and Districts to be
included in the States
Schedule- 5 List of Federal Power
Schedule- 6 List of State Power
Schedule- 7 List of Concurrent Powers of
Federation and State
Schedule- 8 List of Local level Power
Schedule- 9 List of Concurrent Power of
Federation, State and Local level
The Constitution of Nepal
Date of Publication in Nepal Gazette
20 September 2015 (2072.6.3)
Preamble:
We, the Sovereign People of Nepal,
Internalizing the people's sovereign right and right to autonomy and
self-rule, while maintaining freedom, sovereignty, territorial
integrity, national unity, independence and dignity of Nepal,
Recalling the glorious history of historic people's movements, armed
conflict, dedication and sacrifice undertaken by the Nepalese people
at times for the interest of the nation, democracy and progressive
changes, and respecting for the martyrs and disappeared and victim
citizens,
Ending all forms of discrimination and oppression created by the
feudalistic, autocratic, centralized, unitary system of governance,
Protecting and promoting social and cultural solidarity, tolerance
and harmony, and unity in diversity by recognizing the multi-ethnic,
multi-lingual, multi-religious, multi-cultural and diverse regional
characteristics, resolving to build an egalitarian society founded on
the proportional inclusive and participatory principles in order to
ensure economic equality, prosperity and social justice, by
eliminating discrimination based on class, caste, region, language,
religion and gender and all forms of castebased untouchability, and
Being committed to socialism based on democratic norms and
values including the people's competitive multiparty democratic
system of governance, civil liberties, fundamental rights, human
rights, adult franchise, periodic elections, full freedom of the press,
and independent, impartial and competent judiciary and concept of
the rule of law, and build a prosperous nation,
Do hereby pass and promulgate this Constitution, through the
Constituent Assembly, in order to fulfil the aspirations for
sustainable peace, good governance, development and prosperity
through the federal, democratic, republican, system of governance.
Part-1
Preliminary
1. Constitution as the fundamental law:
(1) This Constitution is the fundamental law of Nepal. Any law
inconsistent with this Constitution shall, to the extent of such
inconsistency, be void.
(2) It shall be the duty of every person to observe this Constitution.
2. Sovereignty and state authority: The sovereignty and state
authority of Nepal shall be vested in the Nepalese people. It shall be
exercised in accordance with the provisions set forth in this
Constitution.
3. Nation: All the Nepalese people, with multiethnic, multilingual,
multi-religious, multicultural characteristics and in geographical
diversities, and having common aspirations and being united by a
bond of allegiance to national independence, territorial integrity,
national interest and prosperity of Nepal, collectively constitute the
nation.
4. State of Nepal: (1) Nepal is an independent, indivisible,
sovereign, secular, inclusive, democratic, socialism-oriented, federal
democratic republican state.
Explanation: For the purposes of this Article, "secular" means
religious, cultural freedoms, including protection of religion, culture
handed down from the time immemorial.
(2) The territory of Nepal shall comprise:
 (a) the territory existing at the time of commencement of this
Constitution, and
(b) such other territory as may be acquired after the commencement
of this Constitution.
5. National interest:
(1) Safeguarding of the freedom, sovereignty, territorial integrity,
nationality, independence and dignity of Nepal, the rights of the
Nepalese people, border security, economic wellbeing and
prosperity shall be the basic elements of the national interest of
Nepal.
(2) Any conduct and act contrary to the national interest shall be
punishable by the Federal law.
6. Languages of the nation: All languages spoken as the mother
tongues in Nepal are the languages of the nation.
7. Official language:
(1) The Nepali language in the Devnagari script shall be the official
language of Nepal.
(2) A State may, by a State law, determine one or more than one
languages of the nation spoken by a majority of people within the
State as its official language(s), in addition to the Nepali language.
(3) Other matters relating to language shall be as decided by the
Government of Nepal, on recommendation of the Language
Commission.
8. National flag:
(1) The national flag of Nepal consists of two juxtaposed triangular
figures with a crimson-coloured base and deep blue borders, there
being a white emblem of the crescent moon with eight rays visible
out of sixteen in the upper part and a white emblem of a twelve
rayed sun in the lower part.
(2) The method of drawing out the flag and other particulars
relating thereto shall be as set forth in Schedule-1.
9. National anthem etc:
(1) The national anthem of Nepal shall be as set forth in Schedule-
2.
(2) The coat-of-arms of Nepal shall be as set forth in Schedule-3.
(3) The Rhododendron Arboreum shall be the national flower,
Crimson Colour shall be the national colour, the Cow shall be the
national animal and the Lophophorus shall be the national bird of
Nepal.
Part-2
Citizenship
10. Not to deprive of citizenship:
(1) No citizen of Nepal may be deprived of the right to obtain
citizenship.
(2) There is a provision of single federal citizenship with State
identity in Nepal.
11. To be citizens of Nepal:
(1) The persons who have obtained the citizenship of Nepal at the
time of commencement of this Constitution and who are qualified to
obtain citizenship in accordance with this Part shall be the citizens
of Nepal.
(2) The following person who has his or her permanent domicile in
Nepal at the time of commencement of this Constitution shall be the
citizen of Nepal by descent:
 (a) a person who has obtained the citizenship of Nepal by descent
prior to the commencement of this Constitution,
(b) a person whose father or mother was a citizen of Nepal at his or
her birth.
(3) A child of a citizen having obtained the citizenship of Nepal by
birth prior to the commencement of Nepal shall, upon attaining
majority, acquire the citizenship of Nepal by descent if the child's
father and mother both are citizens of Nepal.
(4) Every minor who is found within Nepal and the whereabouts of
whose father and mother are not known shall, until the father or the
mother of the child is traced, be a citizen of Nepal by descent.
(5) A person who is born in Nepal from a woman who is a citizen
of Nepal and has resided in Nepal and whose father is not traced
shall be provided with the citizenship of Nepal by descent.
Provided that his or her father is held to be a foreign citizen, the
citizenship of such person shall be converted into naturalized
citizenship as provided for in the Federal law.
(6) A foreign woman who has a matrimonial relationship with a
citizen of Nepal may, if she so wishes, acquire the naturalized
citizenship of Nepal as provided for in the Federal law.
(7) Notwithstanding anything contained elsewhere in this Article, in
the case of a person born from a woman who is a citizen of Nepal
and married to a foreign citizen, the person may acquire the
naturalized citizenship of Nepal in accordance with the Federal law
if he or she has permanently resided in Nepal and has not acquired
the citizenship of a foreign country. Provided that if such person's
mother and father both are citizens of Nepal at the time of
acquisition of citizenship, such person born in Nepal may acquire
the citizenship of Nepal by descent.
(8) In the cases other than those mentioned in this Article, the
Government of Nepal may, in accordance with the Federal law,
grant the naturalized citizenship of Nepal.
(9) The Government of Nepal may, in accordance with the Federal
law, grant the honorary citizenship of Nepal.
(10) Whenever any territory is acquired by way of merger into
Nepal, a person having his or her domicile in such territory shall
become a citizen of Nepal, subject to the Federal law.
12. Citizenship with identity of descent and gender: A person who
obtains the citizenship of Nepal by descent in accordance with this
Constitution may obtain a certificate of citizenship of Nepal with
gender identity by the name of his or her mother or father.
13. Acquisition, reacquisition and termination of citizenship:
Other matters relating to the acquisition, reacquisition and
termination of citizenship shall be as provided for in the Federal
law.
14. Power to grant non-resident Nepalese citizenship:
The non-residential citizenship of Nepal may be so granted to a
person who has acquired the citizenship of a foreign country, has
resided in a country other than a member state of the South Asian
Association for Regional Cooperation, and who or whose father or
mother, grandfather or grandmother was previously a citizen of
Nepal by decent or birth but subsequently acquired the citizenship of
the foreign country that such person may enjoy economic, social and
cultural rights in accordance with the Federal law.
15. Other provisions relating to citizenship of Nepal: Other matters
relating to the maintenance of records setting out the identity of
every citizen of Nepal and the citizenship of Nepal shall be as
provided for in the Federal law.
 Part-3
Fundamental Rights and Duties
16. Right to live with dignity:
(1) Every person shall have the right to live with dignity.
(2) No law shall be made providing for the death penalty to any one.
17. Right to freedom:
(1) No person shall be deprived of his or her personal liberty except
in accordance with law.
(2) Every citizen shall have the following freedoms:
(a) freedom of opinion and expression,
(b) freedom to assemble peaceably and without arms,
(c) freedom to form political parties,
(d) freedom to form unions and associations,
(e) freedom to move and reside in any part of Nepal,
(f) freedom to practice any profession, carry on any occupation, and
establish and operate any industry, trade and business in any part of
Nepal.
Provided that:
(1) Nothing in sub-clause (a) shall be deemed to prevent the making
of an Act to impose reasonable restrictions on any act which may
undermine the sovereignty, territorial integrity, nationality and
independence of Nepal or the harmonious relations between the
Federal Units or the people of various castes, tribes, religions or
communities or incite caste-based discrimination or untouchability
or on any act of disrespect of labour, defamation, contempt of court,
incitement to an offence or on any act which may be contrary to
public decency or morality.
(2) Nothing in sub-clause (b) shall be deemed to prevent the making
of an Act to impose reasonable restrictions on any act which may
undermine the sovereignty, territorial integrity, nationality and
independence of Nepal or the harmonious relations between the
Federal Units or public peace and order.
(3) Nothing in sub-clause (c) shall be deemed to prevent the making
of an Act to impose reasonable restrictions on any act which may
undermine the sovereignty, territorial integrity, nationality and
independence of Nepal, constitute an espionage against the nation or
divulge national secrecy or on any act of rendering assistance to any
foreign state, organization or representative in a manner to
undermine the security of Nepal or on an act of sedition or on any
act which may undermine the harmonious relations between the
Federal Units or on any act of incitement to caste-based or
communal hatred or on any act which may undermine the
harmonious relations between various castes, tribes, religions and
communities, or on any act of acquisition of, or restriction on,
membership of any political party on the basis solely of tribe,
language, religion, community or sex or on any act of formation of a
political party with discrimination between citizens or on incitement
to violent acts or on any act which may be contrary to public
morality.
(4) Nothing in sub-clause (d) shall be deemed to prevent the making
of an Act to impose reasonable restrictions on any act which may
undermine the sovereignty, territorial integrity, nationality and
independence of Nepal, or on any act which may constitute
espionage against the nation or on any act of divulgence of national
secrecy or on any act assisting any foreign state, organization or
representative in a manner to undermine the security of Nepal or on
an act of sedition or on any act which may undermine the
harmonious relations between the Federal Units or on any act of
incitement to caste-based or communal hatred or on any act which
may undermine the harmonious relations between various castes,
tribes, religions and communities or on incitement to violent acts or
on any act which may be contrary to public morality.
(5) Nothing in sub-clause (e) shall be deemed to prevent the making
of an Act to impose reasonable restrictions on any act which may
undermine the interest of the general public or which may
undermine the harmonious relations between the Federal Units or
the harmonious relations between the peoples of various castes,
tribes, religions or communities or which may constitute or incite
violent acts.
(6) Nothing in sub-clause (f) shall be deemed to prevent the making
of an Act to prevent any act which may undermine the harmonious
relations between the Federal Units or any act which may be
contrary to public health, decency or morality of the general public
or to confer on the State the exclusive right to undertake any specific
industry, trade or service, or to prescribe any condition or
qualification for carrying on any industry, trade, occupation,
employment or business.
18. Right to equality:
(1) All citizens shall be equal before law. No person shall be denied
the equal protection of law. (2) No discrimination shall be made in
the application of general laws on grounds of origin, religion, race,
caste, tribe, sex, physical condition, condition of health, marital
status, pregnancy, economic condition, language or region, ideology
or on similar other grounds.
(3) The State shall not discriminate citizens on grounds of origin,
religion, race, caste, tribe, sex, economic condition, language,
region, ideology or on similar other grounds.
Provided that nothing shall be deemed to prevent the making of
special provisions by law for the protection, empowerment or
development of the citizens including the socially or culturally
backward women, Dalit, indigenous people, indigenous
nationalities, Madhesi, Tharu, Muslim, oppressed class, Pichhada
class, minorities, the marginalized, farmers, labours, youths,
children, senior citizens, gender and sexual minorities, persons with
disabilities, persons in pregnancy, incapacitated or helpless,
backward region and indigent Khas Arya.
Explanation: For the purposes of this Part and Part 4, "indigent"
means a person who earns income less than that specified by the
Federal law.
(4) No discrimination shall be made on the ground of gender with
regard to remuneration and social security for the same work.
(5) All offspring shall have the equal right to the ancestral property
without discrimination on the ground of gender.
19. Right to communication:
(1) No publication and broadcasting or dissemination or printing of
any news item, editorial, feature article or other reading, audio and
audio-visual material through any means whatsoever including
electronic publication, broadcasting and printing shall be censored.
Provided that nothing shall be deemed to prevent the making of Acts
to impose reasonable restrictions on any act which may undermine
the sovereignty, territorial integrity, nationality of Nepal or the
harmonious relations between the Federal Units or the harmonious
relations between various castes, tribes, religions or communities, or
on any act of sedition, defamation or contempt of court or
incitement to an offence, or on any act which may be contrary to
public decency or morality, on any act of hatred to labour and on
any act of incitement to caste-based untouchability as well as gender
discrimination.
(2) No radio, television, on-line or other form of digital or electronic
equipment, press or other means of communication publishing,
broadcasting or printing any news item, feature, editorial, article,
information or other material shall be closed or seized nor shall
registration thereof be cancelled nor shall such material be seized by
the reason of publication, broadcasting or printing of such material
through any audio, audio-visual or electronic equipment.
Provided that nothing contained in this clause shall be deemed to
prevent the making of an Act to regulate radio, television, online or
any other form of digital or electronic equipment, press or other
means of communication.
(3) No means of communication including the press, electronic
broadcasting and telephone shall be interrupted except in accordance
with law.
20. Rights relating to justice:
(1) No person shall be detained in custody without informing him
or her of the ground for his or her arrest.
(2) Any person who is arrested shall have the right to consult a legal
practitioner of his or her choice from the time of such arrest and to
be defended by such legal practitioner. Any consultation made by
such person with, and advice given by, his or her legal practitioner
shall be confidential.
Provided this clause shall not apply to a citizen of an enemy state.
.Explanation: For the purpose of this clause, "legal practitioner"
means any person who is authorized by law to represent any person
in any court.
(3) Any person who is arrested shall be produced before the
adjudicating authority within a period of twenty-four hours of such
arrest, excluding the time necessary for the journey from the place
of arrest to such authority; and any such person shall not be detained
in custody except on the order of such authority.
Provided that this clause shall not apply to a person held in
preventive detention and to a citizen of an enemy state.
(4) No person shall be liable for punishment for an act which was
not punishable by the law in force when the act was committed nor
shall any person be subjected to a punishment greater than that
prescribed by the law in force at the time of the commission of the
offence.
(5) Every person charged with an offence shall be presumed
innocent until proved guilty of the offence.
(6) No person shall be tried and punished for the same offence in a
court more than once.
(7) No person charged with an offence shall be compelled to testify
against himself or herself.
(8) Every person shall have the right to be informed of any
proceedings taken against him or her.
(9) Every person shall have the right to a fair trial by an
independent, impartial and competent court or judicial body.
(10) Any indigent party shall have the right to free legal aid in
accordance with law.
21. Right of victim of crime:
 (1) A victim of crime shall have the right to get information about
the investigation and proceedings of a case in which he or she is the
victim.
(2) A victim of crime shall have the right to justice including social
rehabilitation and compensation in accordance with law.
22. Right against torture:
(1) No person who is arrested or detained shall be subjected to
physical or mental torture or to cruel, inhuman or degrading
treatment.
(2) Any act mentioned in clause (1) shall be punishable by law, and
any person who is the victim of such treatment shall have the right
to obtain compensation in accordance with law.
23. Right against preventive detention:
(1) No person shall be held under preventive detention unless there is a
sufficient ground of the existence of an immediate threat to the
sovereignty, territorial integrity or public peace and order of Nepal.
(2) Information about the situation of a person who is held under
preventive detention pursuant to clause (1) must be given immediately to
his or her family members or relatives.
Provided that this clause shall not apply to a citizen of an enemy state.
(3) If the authority making preventive detention holds any person under
preventive detention contrary to law or in bad faith, the person held
under preventive detention shall have the right to obtain compensation
in accordance with law.
24. Right against untouchability and discrimination:
(1) No person shall be subjected to any form of untouchability or
discrimination in any private and public places on grounds of his or her
origin, caste, tribe, community, profession, occupation or physical
condition.
(2) In producing or distributing any goods, services or facilities, no person
belonging to any particular caste or tribe shall be prevented from
purchasing or acquiring such goods, services or facilities nor shall such
goods, services or facilities be sold, distributed or provided only to the
persons belonging to any particular caste or tribe.
(3) No act purporting to demonstrate any person or community as
superior or inferior on grounds of origin, caste, tribe or physical condition
or justifying social discrimination on grounds of caste, tribe or
untouchability or propagating ideology based on untouchability and caste
based superiority or hatred or encouraging caste-based discrimination in
any manner whatsoever shall be allowed.
(4) No discrimination in any form shall be allowed at a workplace with or
without making untouchability on the ground of caste.
(5) Any act of untouchability and discrimination in any form committed in
contravention of this Article shall be punishable by law as a severe social
offence, and the victim of such act shall have the right to obtain
compensation in accordance with law.
25. Right relating to property:
(1) Every citizen shall, subject to law, have the right to acquire, own, sell,
dispose, acquire business profits from, and otherwise deal with, property.
Provided that the State may levy tax on property of a person, and tax on
income of a person in accordance with the concept of progressive
taxation. Explanation: For the purposes of this Article, "property" means
any form of property including movable and immovable property, and
includes an intellectual property right.
(2) The State shall not, except for public interest, requisition, acquire, or
otherwise create any encumbrance on, property of a person. Provided
that this clause shall not apply to any property acquired by any person
illicitly.
(3) The basis of compensation to be provided and procedures to be
followed in the requisition by the State of property of any person for
public interest in accordance with clause (3) shall be as provided for in
the Act.
(4) The provisions of clauses (2) and (3) shall not prevent the State from
making land reforms, management and regulation in accordance with law
for the purposes of enhancement of product and productivity of lands,
modernization and commercialization of agriculture, environment
protection and planned housing and urban development.
(5) Nothing shall prevent the State from using the property of any person,
which it has requisitioned for public interest in accordance with clause
(3), for any other public interest instead of such public interest.
26. Right to freedom of religion:
(1) Every person who has faith in religion shall have the freedom to
profess, practice and protect his or her religion according to his or her
conviction.
(2) Every religious denomination shall have the right to operate and
protect its religious sites and religious Guthi (trusts). Provided that
nothing shall be deemed to prevent the regulation, by making law, of the
operation and protection of religious sites and religious trusts and
management of trust properties and lands.
(3) No person shall, in the exercise of the right conferred by this Article,
do, or cause to be done, any act which may be contrary to public health,
decency and morality or breach public peace, or convert another person
from one religion to another or any act or conduct that may jeopardize
other's religion.
27. Right to information: Every citizen shall have the right to demand and
receive information on any matter of his or her interest or of public
interest.
Provided that no one shall be compelled to provide information on any
matter of which confidentiality must be maintained in accordance with
law
28. Right to privacy: The privacy of any person, his or her residence,
property, document, data, correspondence and matters relating to his or
her character shall, except in accordance with law, be inviolable.
29. Right against exploitation:
(1) Every person shall have the right against exploitation
(2) No person shall be exploited in any manner on the grounds of
religion, custom, tradition, usage, practice or on any other grounds.
(3) No one shall be subjected to trafficking nor shall one be held in
slavery or servitude.
(4) No one shall be forced to work against his or her will. Provided that
nothing shall be deemed to prevent the making of law empowering the
State to require citizens to perform compulsory service for public
purposes.
(5) Act contrary to clauses (3) and (4) shall be punishable by law and the
victim shall have the right to obtain compensation from the perpetrator
in accordance with law.
30. Right to clean environment:
(1) Every citizen shall have the right to live in a clean and healthy
environment.
(2) The victim shall have the right to obtain compensation, in accordance
with law, for any injury caused from environmental pollution or
degradation.
(3) This Article shall not be deemed to prevent the making of necessary
legal provisions for a proper balance between the environment and
development, in development works of the nation.
31. Right relating to education:
(1) Every citizen shall have the right of access to basic education.
(2) Every citizen shall have the right to get compulsory and free education
up to the basic level and free education up to the secondary level from
the State.
(3) The citizens with disabilities and the economically indigent citizens
shall have the right to get free higher education in accordance with law.
(4) The visually impaired citizens shall have the right to get free
education through brail script and the citizens with hearing or speaking
impairment, to get free education through sign language, in accordance
with law.
(5) Every Nepalese community residing in Nepal shall have the right to get
education in its mother tongue and, for that purpose, to open and
operate schools and educational institutes, in accordance with law.
32. Right to language and culture:
(1) Every person and community shall have the right to use their
languages.
(2) Every person and community shall have the right to participate in the
cultural life of their communities.
(3) Every Nepalese community residing in Nepal shall have the right to
preserve and promote its language, script, culture, cultural civilization
and heritage.
33. Right to employment:
(1) Every citizen shall have the right to employment. The terms and
conditions of employment, and unemployment benefit shall be as
provided for in the Federal law.
(2) Every citizen shall have the right to choose employment.
34. Right to labour:
(1) Every labourer shall have the right to practice appropriate labour.
Explanation: For the purposes of this Article, "labourer" means a labourer
or worker who does physical or mental work for an employer in
consideration for remuneration. (2) Every labourer shall have the right to
appropriate remuneration, facilities and contributory social security. (3)
Every labourer shall have the right to form and join trade unions and to
engage in collective bargaining, in accordance with law.
35. Right relating to health:
(1) Every citizen shall have the right to free basic health services from the
State, and no one shall be deprived of emergency health services.
(2) Every person shall have the right to get information about his or her
medical treatment.
(3) Every citizen shall have equal access to health services.
(4) Every citizen shall have the right of access to clean drinking water and
sanitation.
36. Right relating to food:
(1) Every citizen shall have the right relating to food.
(2) Every citizen shall have the right to be safe from the state of being in
danger of life from the scarcity of food.
(3) Every citizen shall have the right to food sovereignty in accordance
with law.
37. Right to housing:
(1) Every citizen shall have the right to an appropriate housing.
(2) No citizen shall be evicted from the residence owned by him or her
nor shall his or her residence be infringed except in accordance with law.
38. Rights of women:
(1) Every woman shall have equal lineage right without gender based
discrimination.
(2) Every woman shall have the right to safe motherhood and
reproductive health.
(3) No woman shall be subjected to physical, mental, sexual,
psychological or other form of violence or exploitation on grounds of
religion, social, cultural tradition, practice or on any other grounds. Such
act shall be punishable by law, and the victim shall have the right to
obtain compensation in accordance with law.
(4) Women shall have the right to participate in all bodies of the State on
the basis of the principle of proportional inclusion.
(5) Women shall have the right to obtain special opportunity in
education, health, employment and social security, on the basis of
positive discrimination.
(6) The spouse shall have the equal right to property and family affairs
39. Rights of the child:
(1) Every child shall have the right to name and birth registration along
with his or her identity.
(2) Every child shall have the right to education, health, maintenance,
proper care, sports, entertainment and overall personality development
from the families and the State.
(3) Every child shall have the right to elementary child development and
child participation.
(4) No child shall be employed to work in any factory, mine or engaged in
similar other hazardous work.
(5) No child shall be subjected to child marriage, transported illegally,
abducted/kidnapped or taken in hostage.
(6) No child shall be recruited or used in army, police or any armed group,
or be subjected, in the name of cultural or religious traditions, to abuse,
exclusion or physical, mental, sexual or other form of exploitation or
improper use by any means or in any manner.
(7) No child shall be subjected to physical, mental or any other form of
torture in home, school or other place and situation whatsoever.
(8) Every child shall have the right to juvenile friendly justice.
 (9) The child who is helpless, orphan, with disabilities, conflict victim,
displaced or vulnerable shall have the right to special protection and
facilities from the State.
(10) Any act contrary to in clauses (4), (5), (6) and (7) shall be punishable
by law, and a child who is the victim of such act shall have the right to
obtain compensation from the perpetrator, in accordance with law.
40. Rights of Dalit:
(1) The Dalit shall have the right to participate in all bodies of the State on
the basis of the principle of proportional inclusion. Special provision shall
be made by law for the empowerment, representation and participation
of the Dalit community in public services as well as other sectors of
employment.
(2) Provision of free education with scholarship, from primary to higher
education, shall be made by law for the Dalit students. Special provision
shall be made by law for the Dalit in technical and vocational education.
(3) Special provision shall be made by law in order to provide health and
social security to the Dalit community.
(4) The Dalit community shall have the right to use, protect and develop
their traditional occupation, knowledge, skill and technology. The State
shall accord priority to the Dalit community in modern business related
with their traditional occupation and provide skills and resources required
therefor.
(5) The State shall once provide land to the landless Dalit in accordance
with law.
(6) The State shall, in accordance with law, arrange settlement for the
Dalit who do not have housing.
(7) The facilities conferred by this Article to the Dalit community must be
distributed in a just manner so that the Dalit women, men and Dalit in all
communities can obtain such facilities proportionately
41. Rights of senior citizens:
The senior citizens shall have the right to special protection and social
security from the State. 42. Right to social justice:
(1) The socially backward women, Dalit, indigenous people, indigenous
nationalities, Madhesi, Tharu, minorities, persons with disabilities,
marginalized communities, Muslims, backward classes, gender and sexual
minorities, youths, farmers, labourers, oppressed or citizens of backward
regions and indigent Khas Arya shall have the right to participate in the
State bodies on the basis of inclusive principle.
(2) The indigent citizens and citizens of the communities on the verge of
extinction shall have the right to get special opportunities and benefits in
education, health, housing, employment, food and social security for their
protection, upliftment, empowerment and development.
(3) The citizens with disabilities shall have the right to live with dignity
and honour, with the identity of their diversity, and have equal access to
public services and facilities.
(4) Every farmer shall have the right to have access to lands for agro
activities, select and protect local seeds and agro species which have
been used and pursued traditionally, in accordance with law.
(5) The families of the martyrs who have sacrificed their life, persons who
were forced to disappear, and those who became disabled and injured in
all popular movements, armed conflicts and revolutions that have been
carried out for progressive democratic changes in Nepal, democracy
fighters, conflict victims and displaced ones, persons with disabilities, the
injured and victims shall have the right to get a prioritized opportunity,
with justice and due respect, in education, health, employment, housing
and social security, in accordance with law.
43. Right to social security:
The indigent citizens, incapacitated and helpless citizens, helpless single
women, citizens with disabilities, children, citizens who cannot take care
themselves and citizens belonging to the tribes on the verge of extinction
shall have the right to social security, in accordance with law. 44. Rights of
the consumer:
(1) Every consumer shall have the right to obtain quality goods and
services.
(2) A person who has suffered injury from any substandard goods or
services shall have the right to obtain compensation in accordance with
law.
45. Right against exile:
No citizen shall be exiled.
46. Right to constitutional remedies: There shall be a right to obtain
constitutional remedies in the manner set forth in Article 133 or 144 for
the enforcement of the rights conferred by this Part.
47. Implementation of fundamental rights: The State shall, as required,
make legal provisions for the implementation of the rights conferred by
this Part, within three years of the commencement of this Constitution.
48. Duties of citizens: Every citizen shall have the following duties:
(a) to safeguard the nationality, sovereignty and integrity of Nepal, while
being loyal to the nation,
(b) to abide by the Constitution and law,
(c) to render compulsory service as and when the State so requires,
(d) to protect and preserve public property.
Part-4
Directive Principles, Policies and Obligations of the State
49. To be guiding principles:
(1) The directive principles, policies and obligations set forth in this Part
shall be the guiding principles for the governance of the State.
(2) The State shall mobilize, or cause to be mobilized, means and
resources, as required, to implement the principles, policies and
obligations set forth in this Part.
50. Directive principles:
(1) The political objective of the State shall be to establish a public
welfare system of governance, by establishing a just system in all aspects
of the national life through the rule of law, values and norms of
fundamental rights and human rights, gender equality, proportional
inclusion, participation and social justice, while at the same time
protecting the life, property, equality and liberties of the people, in
keeping with the vitality of freedom, sovereignty, territorial integrity and
independence of Nepal, and to consolidate a federal democratic
republican system of governance in order to ensure an atmosphere
conducive to the enjoyment of the fruits of democracy, while at the same
time maintaining the relations between the Federal Units on the basis of
cooperative federalism and incorporating the principle of proportional
participation in the system of governance on the basis of local autonomy
and decentralization.
(2) The social and cultural objective of the State shall be to build a
civilized and egalitarian society by eliminating all forms of discrimination,
exploitation and injustice on the grounds of religion, culture, tradition,
usage, custom, practice or on any other similar grounds, to develop
social, cultural values founded on national pride, democracy, pro-people,
respect of labour, entrepreneurship, discipline, dignity and harmony, and
to consolidate the national unity by maintaining social cohesion, solidarity
and harmony, while recognizing cultural diversity.
(3) The economic objective of the State shall be to achieve a sustainable
economic development, while achieving rapid economic growth, by way
of maximum mobilization of the available means and resources through
participation and development of public, private and cooperatives, and to
develop a socialism-oriented independent and prosperous economy
while making the national economy independent, self-reliant and
progressive in order to build an exploitation free society by abolishing
economic inequality through equitable distribution of the gains.
(4) The State shall direct its international relations towards enhancing the
dignity of the nation in the world community by maintaining international
relations on the basis of sovereign equality, while safeguarding the
freedom, sovereignty, territorial integrity and independence and national
interest of Nepal.
51. Policies of the State: The State shall pursue the following policies:
(a) Policies relating to national unity and national security:
(1) to keep intact the national unity, while protecting the freedom,
sovereignty, territorial integrity and independence of Nepal,
(2) to promote the national unity while developing mutual cooperative
relations between the Federal Units by maintaining mutual cohesion,
harmony and solidarity between various castes, tribes, religions,
languages, cultures and communities,
(3) to maintain law and order by developing a national security system,
(4) to guarantee the overall human security system,
(5) to make all security organs, including the Nepal Army, Nepal Police
and Armed Police Force Nepal, competent, strong, professional, inclusive
and accountable to the people, on the basis of national security policies,
(6) to make and keep the citizens ready and competent to serve the
nation as and when necessary,
(7) to make proper use, in nations' interest, of the knowledge, skills and
experiences of former public employees including former employees,
military and police.
(b) Policies relating to political and governance system of State:
(1) to guarantee the best interests and prosperity of the people through
economic, social and cultural transformations, while safeguarding,
consolidating and developing political achievements,
(2) to maintain rule of law by protecting and promoting human rights,
(3) to implement international treaties, agreements to which Nepal is a
party,
(4) to guarantee good governance by ensuring the equal and easy access
of the people to the services and facilities delivered by the State, while
making public administration fair, competent, impartial, transparent, free
from corruption, accountable and participatory,
(5) to make necessary provisions to make mass media fair, healthy,
impartial, decent, responsible and professional,
(6) to develop and expand harmonious and cooperative relations
between the Federal Units by way of sharing of responsibilities, resources
and administration between them
(c) Relating to social and cultural transformation:
(1) to build the society founded on cordial social relations by developing a
healthy and civilized culture,
(2) to carrying out studies, research works, excavation and dissemination
for the protection, promotion and development of ancient,
archaeological and cultural heritages,
(3) to make community development through enhancement of local
public participation, by promoting and mobilizing the creativity of local
communities in social, cultural and service-oriented works,
(4) to focus on the development of arts, literature and music which form
cultural heritages,
(5) to end all forms of discrimination, inequality, exploitation and injustice
in the name of religion, custom, usage, practice and tradition existing in
the society,
(6) to protect and develop languages, scripts, culture, literature, arts,
motion pictures and heritages of various castes, tribes, and communities
on the basis of equality and co-existence, while maintaining the cultural
diversity of the country,
(7) to pursue a multi-lingual policy.
(d) Relating to economy, industry and commerce:
(1) to enhance national economy through partnership and independent
development of the public, private and cooperative sectors,
(2) to achieve economic prosperity by way of optimum mobilization of
the available means and resources, while focusing on the role of private
sector in economy,
(3) to promote the cooperative sector and mobilize it in national
development to the maximum extent,
(4) to encourage and mobilize the economic sector in the overall national
development, while providing for regulation to maintain fairness,
accountability and competition in all of its activities,
(5) to make equitable distribution of the available means and resources
and benefits of economic development,
(6) to diversify and expand markets for goods and services, while
promoting exports through development and expansion of industries
upon identifying areas of comparative advantage,
(7) to protect the interests of consumers by maintaining trade fairness
and discipline by making national economy competitive, while ending
activities such as creating black marketing, monopoly, artificial scarcity
and restricting competition,
(8) to protect and promote domestic industries and resources and accord
priority to domestic investment based on Nepalese labour, skills and raw
materials for the development of national economy,
(9) to give priority to domestic investment for the development of
national economy, (10) to encourage foreign capital and technological
investment in areas of import substitution and export promotion, in
consonance with national interest, and encourage and mobilize such
investment in infrastructure building,
(11) to make the obtaining of foreign assistance transparent, while
making the national needs and priorities as the basis for obtaining foreign
assistance, and incorporating amounts received in form of foreign
assistance in the national budget,
(12) to utilize knowledge, skill, technology and capital of the nonresident
Nepalese in the national development,
(13) to give dynamism to the economic development by establishing
coordination between the States and the States and the Federation in
relation to industrial corridors, special economic zones, national projects
and projects involving foreign investment.
(e) Policies relating to agriculture and land reforms:
(1) to make scientific land reforms having regard to the interests of the
farmers, while ending the dual ownership existing in the lands,
(2) to enhance product and productivity by carrying out land pooling,
while discouraging inactive land ownership,
(3) to make land management and commercialization, industrialization,
diversification and modernization of agriculture, by pursuing land-use
policies to enhance agriculture product and productivity, while protecting
and promoting the rights and interests of the farmers,
(4) to make proper use of lands, while regulating and managing lands on
the basis of, inter alia, productivity, nature of lands and ecological
balance,
(5) to provide for the farmers' access to agricultural inputs, agroproducts
at fair price and market.
(f) Policies relating to development:
(1) to formulate sustainable socio-economic development strategies and
programs under the regional development plan for inclusive economic
development with regional balance, and implement them in a
coordinative manner,
(2) to develop balanced, environment friendly, quality and sustainable
physical infrastructures, while according priority to the regions lagging
behind from development perspective,
(3) to enhance local public participation in the process of development
works,
(4) to enhance investment in scientific study, research works and in
invention, progress and development of science and technology, and
protect scientists, technologists, intellectual and eminent talents,
(5) to ensure easy and simple access of the general public to information
technology by developing and expanding information technology to the
tune of national needs, and make optimum utilization of information
technology in the national development,
(6) to make provisions enabling the general public to enjoy fruits of
development in a just manner, while according priority to the indigent
citizens in the distribution of such fruits,
(7) to develop an integrated national identity management information
system and manage all kinds of information and data of the citizens in an
integrated manner, and linking such system with the services and
facilities provided by the State and with national development plans,
(8) to update demographic statistics and linking it with national
development plans.
(g) Policies relating to protection, promotion and use of natural (9) to make advance warning, preparedness, rescue, relief and
resources: rehabilitation in order to mitigate risks from natural disasters.

(1) to protect, promote, and make environmental friendly and sustainable (h) Policies relating to basic needs of the citizens:
use of, natural resources available in the country, in consonance with
(1) to prepare human resources that are competent, competitive, ethical,
national interest and adopting the concept of inter-generational equity,
and devoted to national interests, while making education scientific,
and make equitable distribution of fruits, according priority and
technical, vocational, empirical, employment and people-oriented,
preferential right to the local communities,
(2) to make private sector investment made in education serviceoriented
(2) to make multi-purpose development of water resources, while
by regulating and managing such investment, while enhancing the State's
according priority to domestic investment based on public participation,
investment in the education sector,
(3) to ensure reliable supply of energy in an affordable and easy manner,
(3) to make higher education easy, qualitative and accessible, and free
and make proper use of energy, for the fulfilment of the basic needs of
gradually,
citizens, by generating and developing renewable energy,
(4) to establish and promote community information centres and
(4) to develop sustainable and reliable irrigation by making control of
libraries for the personality development of citizens,
water-induced disasters, and river management,
(5) to keep on enhancing investment necessary in the public health sector
(5) to conserve, promote, and make sustainable use of, forests, wildlife,
by the State in order to make the citizens healthy,
birds, vegetation and bio-diversity, by mitigating possible risks to
environment from industrial and physical development, while raising (6) to ensure easy, convenient and equal access of all to quality health
awareness of general public about environment cleanliness, services,
(6) to maintain the forest area in necessary lands for ecological balance, (7) to protect and promote health systems including Ayurveda, as a
traditional medical system of Nepal, natural therapy and homeopathy
(7) to adopt appropriate measures to abolish or mitigate existing or
system,
possible adverse environmental impacts on the nature, environment or
biological diversity, (8) to make private sector investment in the health sector serviceoriented
by regulating and managing such investment, while enhancing the State's
(8) to pursue the principles of environmentally sustainable development
investment in this sector,
such as the principles of polluter pays, of precaution in environmental
protection and of prior informed consent.
 (9) to focus on health research and keep on increasing the number of
health institutions and health workers in order to make health services
widely available and qualitative,
(10) to increase average life expectancy by reducing maternal and infant
mortality rate, while encouraging family planning for population
management on the basis of Nepal's capacity and need,
(11) to manage unplanned settlement and develop planned and
systematic settlement,
(12) to provide for sustainable production, supplies, storage, security,
and easy and effective distribution of foods by encouraging food
production in tune with climate and soil, in consonance with the concept
of food sovereignty, while enhancing investment in the agriculture sector,
(13) to ensure planned supply system by according special priority to the
remote and backward regions, while ensuring equal access of all citizens
to basic goods and services,
(14) to enhance investment in the transportation sector, while ensuring
simple, easy and equal access of the citizens to transportation facilities,
and to make the transportation sector safe, systematic and persons with
disabilities friendly by encouraging public transportation and regulating
private transportation, while according priority to the environment
friendly technologies,
(15) to arrange for access to medical treatment while ensuring citizen's
health insurance. (i) Policies relating to labour and employment:
(1) to make competent and professional the labour force that has
remained as the main socio-economic strength of the country and
enhance employment within the country, while ensuring a situation
enabling all to work,
(2) to guarantee social security, while ensuring the basic rights of all
labours, in consonance with the concept of decent labour,
(3) to abolish all forms of labour exploitation including child labour,
(4) to encourage participation of labours in management, while maintain
cordial relations between the labours and entrepreneurs,
(5) to regulate and manage the sector in order to make foreign
employment free from exploitation, safe and systematic and to guarantee
employment and rights of the labours,
(6) to encourage to mobilize the capital, skills, technology and experience
gained from foreign employment in productive sectors in the country.
(j) Policies relating to social justice and inclusion:
(1) to keep on making appropriate arrangements for the livelihoods of
the helpless single women, while according priority to them in
employment on the basis of skills, competency and qualification,
(2) to make self-dependent the women who are vulnerable, subjected to
social and family exclusion and victims of violence self-reliant by making
their rehabilitation, protection and empowerment,
(3) to ensure enjoyment of requisite services and facilities at the
reproductive stage,
(4) to evaluate economically the work and contribution such as
maintenance of children and care of families,
(5) to take into consideration primarily of the best interests of the child,
(6) to identify the freed bonded labours, Kamlari, Harawa, Charawa,
tillers, landless, squatters and rehabilitate them by providing housing,
housing plot for residence and cultivable land or employment for their
livelihoods,
(7) to create an atmosphere conducive to the full enjoyment of the
political, economic, social and cultural rights, while enhancing the
participation of youths in national development, to make their
personality development, while providing special opportunity in areas
including education, health and employment for the empowerment and
development of the youths and provide them with appropriate
opportunities for the overall development of the State,
(8) to make the indigenous nationalities participate in decisions
concerning that community by making special provisions for
opportunities and benefits in order to ensure the right of these
nationalities to live with dignity, along with their identity, and protect and
promote traditional knowledge, skill, culture, social tradition and
experience of the indigenous nationalities and local communities,
(9) to make special provisions for opportunities and benefits to minority
communities to enjoy social and cultural rights, with maintaining their
identity,
(10) to make special provisions for equal distribution of economic, social
and cultural opportunities and benefits to the Madhesi community,
Muslims and backward class, and for opportunities and benefits to the
indigent citizens within such communities for their protection, upliftment,
empowerment and development,
(11) to make special provisions for opportunities and benefits for the
protection, upliftment, empowerment and development of the citizens of
the oppressed and backward regions and for the fulfilment of their basic
needs,
(12) to accord priority to the indigent within all sexes, regions and
communities in the provision of social security and social justice,
(13) to make planned investment in sports and sport-persons in order to
prepare healthy, competent and disciplined citizens, and to develop
sports as a means of consolidating national unity and enhancing national
prestige at the international level,
(14) to adopt a single door system for the establishment, approval,
operation, regulation and management of community-based and national
or international non-governmental organizations and to involve such
organizations only in the sectors of national need and priority, while
making investment and role of such organizations transparent and
accountable.
(k) Policies relating to justice and penal system:
(1) to make the administration of justice speedy, efficient, widely
available, economical, impartial, effective, and accountable to people, (2)
to pursue alternative means such as mediation and arbitration for the
settlement of disputes of general nature, (3) to adopt effective measures
for the control of corruption and irregularities in all sectors including
political, administrative, judicial and social sectors.
(l) Policies relating to tourism: To develop eco-friendly tourism industries
as an important base of national economy by way of identification,
protection, promotion and publicity of the ancient, cultural, religious,
archaeological and natural heritages of Nepal, to make environment and
policy required for the development of tourism culture, and to accord
priority to local people in the distribution of benefits of tourism
industries.
(m) Policies relating to international relations: (1) to conduct an
independent foreign policy based on the Charter of the United Nations,
non-alignment, principles of Panchsheel, international law and the norms
of world peace, taking into consideration of the overall interest of the
nation, while remaining active in safeguarding the sovereignty, territorial
integrity, independence and national interest of Nepal, (2) to review
treaties concluded in the past, and make treaties, agreements based on
equality and mutual interest.
52. Obligations of the State: It shall be the obligation of the State to make
Nepal a prosperous and affluent country by protecting and promoting
fundamental rights and human rights, pursuing directive principles of the
State and gradually implementing policies of the State, while keeping
intact the freedom, sovereignty, territorial integrity and independence of
Nepal.
53. To submit report: The Government of Nepal shall submit an annual
report containing the steps taken and achievements made in the
implementation of the directive principles, policies and obligations of the
State set forth in this Part to the President, and the President shall cause
such report to be laid through the Prime Minister before the Federal
Parliament.
54. Provisions relating to monitoring: There shall be a committee, in
accordance with law, in the Federal Parliament in order to monitor and
evaluate whether the directive principles, policies and obligations of the
State set forth in this Part have been implemented progressively or not.
55. Questions not to be raised in court: No question shall be raised in any
court as to whether any matter contained in this Part has been
implemented or not.
Part-5
Structure of State and Distribution of State Power
56. Structure of State:
(1) The main structure of the Federal Democratic Republic of Nepal shall
be of three levels, namely the Federation, the State and the Local level.
(2) The Federation, State and Local levels shall exercise the power of
State of Nepal pursuant to this Constitution and law.
(3) There shall be States consisting of the Districts as mentioned in
Schedule-4 existing in Nepal at the time of commencement of this
Constitution.
(4) There shall be Village Institutions, Municipalities and District
Assemblies under the Local level. The number of Wards in a Village
Institution and Municipality shall be as provided for in the Federal law.
(5) Any Special, Protected or Autonomous Region can be set by the
Federal law for social, cultural protection or economic development.
(6) The Federation, State and Local levels shall protect Nepal's freedom,
sovereignty, territorial integrity, independence, national interest, overall
development, multi-party, competitive, democratic, republican, federal
system of governance, human rights and fundamental rights, rule of law,
separation of powers and check and balance, egalitarian society based on
pluralism and equality, inclusive representation and identity.
57. Distribution of State power:
(1) The powers of the Federation shall be vested in the matters
enumerated in Schedule-5, and such powers shall be exercised pursuant
to this Constitution and the Federal law.
(2) The powers of a State shall be vested in the matters enumerated in List or on any matter which is not so specified in this Constitution as to be
Schedule-6, and such powers shall be exercised pursuant to this exercised by any level.
Constitution and the State law.
59. Exercise of financial powers:
(3) The concurrent powers of the Federation and the State shall be vested
(1) The Federation, State and Local level shall make laws, make annual
in the matters enumerated in Schedule-7, and such powers shall be
budget, decisions, formulate and implement policies and plans on any
exercised pursuant to this Constitution, the Federal law and the State law.
matters related to financial powers within their respective jurisdictions.
(4) The powers of the Local level shall be vested in the matters
(2) The Federation may so make necessary policies, standards and laws
enumerated in Schedule-8, and such powers shall be exercised pursuant
on any of the matters enumerated in the Concurrent List and other areas
to this Constitution and the law made by the Village Assembly or
of financial powers as to be applicable also to the States.
Municipal Assembly.
(3) The Federation, State and Local level shall make budget of their
(5) The concurrent powers of the Federation, State and Local levels shall
respective levels, and the time for submission of budget by the State and
be vested in the matters enumerated in Schedule-9, and such powers
Local level shall be as provided for in the Federal law.
shall be exercised pursuant to this Constitution, the Federal law, the State
law and the law made by the Village Assembly or Municipal Assembly. (4) The Federation, State and Local level shall provide for the equitable
distribution of benefits derived from the use of natural resources or
(6) Any law to be made by the State Assembly, Village Assembly or
development. Certain portions of such benefits shall be distributed,
Municipal Assembly pursuant to clause (3) or (5) shall be so made as not
pursuant to law, in forms of royalty, services or goods to the project
to be inconsistent with the Federal law, and any law made by the State
affected regions and local communities.
Assembly, Village Assembly or Municipal Assembly which is inconsistent
with the Federal law shall be invalid to the extent of such inconsistency. (5) If, in utilising natural resources, the local community desires to make
investment therein, the Federation, State and Local level shall accord
(7) Any law to be made by the Village Assembly or Municipal Assembly
priority to such investment in such portion as provided by law on the
pursuant to clause (5) shall be so made as not to be inconsistent with the
basis of the nature and size of such investment.
State law, and any law made by the Village Assembly or Municipal
Assembly which is inconsistent with the State law shall be invalid to the (6) The Government of Nepal shall have power to obtain foreign
extent of such inconsistency. assistance and borrow loans. Such assistance or loans shall be so
obtained or borrowed as to have macro-economic stability of the
58. Residual powers: The Federation shall have power on any matter not
country.
enumerated in the Federal List, State List, List of Local level or Concurrent
(7) Provisions relating to the management of budget deficits and other
fiscal discipline of the Federation, State and Local level shall be as
provided for in the Federal law.
60. Distribution of sources of revenue:
(1) The Federation, State and Local level may impose taxes on matters
falling within their respective jurisdiction and collect revenue from these
sources. Provided that provisions relating to the imposition of taxes and
collection of revenue on matters that fall within the Concurrent List and
on matters that are not included in the List of any level shall be as
determined by the Government of Nepal.
(2) The Government of Nepal shall make provisions for the equitable
distribution of the collected revenue to the Federation, State and Local
level.
(3) The amount of fiscal transfer receivable by the State and Local level
shall be as recommended by the National Natural Resources and Fiscal
Commission.
(4) The Government of Nepal shall, on the basis of the need of
expenditure and revenue capacity, distribute fiscal equalization grants to
the State and Local level.
(5) Each State shall, in accordance with the State law, distribute fiscal
equalization grants out of the grants received from the Government of
Nepal and revenues collected from its sources, on the basis of the need of
expenditure and revenue capacity of its subordinate Local level.
(6) Provisions relating to distribution of conditional grants,
complementary grants or special grants for other purposes to be
provided by the Government of Nepal from the Federal Consolidated
Fund shall be as provided for in the Federal law.
(7) Distribution of revenues between the Federal, State and Local level
shall be made in a balanced and transparent manner. (8) A Federal Act on
the distribution of revenues shall be made having regard to the national
policies, national requirements, autonomy of the State and Local levels,
services to be rendered by the State and the Local level to the people and
financial powers granted to them, capacity to collect revenues,
potentiality and use of revenues, assistance to be made in development
works, reduction of regional imbalances, poverty and inequality, end of
deprivation, and assistance to be made in the performance of contingent
works and fulfilment of temporary needs.
Part-6
President and Vice-President
61. President:
(1) There shall be a President of Nepal.
(2) The President shall be the head of state of Nepal. He or she shall
perform his or her functions in accordance with this Constitution and the
Federal law.
(3) The President shall promote the national unity of Nepal.
(4) The main duty of the President shall be to abide by and protect this
Constitution.
62. Election of President:
(1) The President shall be elected by an electoral college composed of
the members of the Federal Parliament and of the State Assemblies. The
voting weightage of the members of the Federal Parliament and of the
State Assemblies shall vary as provided for in the Federal law.
 (2) Notwithstanding anything contained in clause (1), nothing shall be
deemed to bar the formation of an electoral college for the purpose of
election to the President by the sole reason that election to the State
Assembly has not been held in any State.
(3) A person who secures a majority of the then existing total votes of the
electoral college under clause (1) shall be elected as the President.
(4) If none of the candidates secures a majority under clause (3), there
shall be voting between the two candidates who have secured the
highest number of votes, and a candidate who secures more than fifty
percent of the total votes in such a voting shall be elected as the
President.
(5) If none of the candidates secures more than fifty percent of the total
votes even in the voting under clause (4), re-voting shall be held. A
candidate who secures a majority of the total valid votes cast in such
voting shall be elected as the President.
(6) If a person who holds a political office to be filled by way of election,
nomination or appointment is appointed as the President under this
Article, his or her such office shall ipso facto be vacant.
(7) Election to the President and other matters related thereto shall be as
provided for in the Federal law.
63. Term of office of President:
(1) The term of office of the President shall be five years from the date on
which he or she is so elected.
(2) The President whose term of office under clause (1) has expired shall
continue to discharge the functions under this Constitution until another
elected President assumes his or her office.
64. Qualification for President:
(1) A person who has the following qualification shall be qualified to
become the President: (a) being qualified to become a member of the
Federal Parliament, (b) having completed the age of at least forty five
years, and (c) not being disqualified by any law.
(2) Notwithstanding anything contained in clause (1), a person who has
already been elected twice as the President shall not become a candidate
in the election to the President.
65. Vacation of office of President:
The office of the President shall become vacant in any of the following
circumstances:
(a) if he or she tenders resignation in writing to the Vice-President,
(b) if a motion of impeachment against him or her is passed under Article
101,
(c) if his or her term of office expires,
(d) If he or she dies.
66. Functions, duties and powers of President:
(1) The President shall exercise such powers and perform such duties as
conferred to him or her pursuant to this Constitution or a Federal law.
(2) In exercising the powers or duties under clause (1), the President shall
perform all other functions to be performed by him or her on
recommendation and with the consent of the Council of Ministers than
those functions specifically provided to be performed on
recommendation of any body or official under this Constitution or Federal
Law. Such recommendation and consent shall be submitted through the
Prime Minister.
(3) Any decision or order to be issued in the name of the President under
clause (2) and other instrument of authorization pertaining thereto shall
be authenticated as provided for in the Federal law.
67. Vice-President:
(1) There shall be a Vice-president of Nepal.
(2) The functions to be performed by the President shall be performed by
the Vice-president during the absence of the President.
(3) If a person who holds a political office to be filled by way of election,
nomination or appointment is appointed as the Vice-president, his or her
such office shall ipso facto be vacant.
68. Vacation of office of Vice-president: The office of the Vice-president
shall become vacant in any of the following circumstances:
(a) if he or she tenders resignation in writing to the President,
(b) if a motion of impeachment against him or her is passed under Article
101,
(c) if his or her term of office expires,
(d) if he or she dies.
69. Other provisions relating to Vice-President:
Provisions relating to the qualification, procedures of election and term of
office of the Vice-President shall be the same as that of the President.
70. President and Vice-President to be from different sex or community:
Election to the President and the Vice-president under this Constitution
shall be so made as to have representation of different sex or community.
71. Oath by President and Vice-President: Prior to assuming their
respective offices, the President shall take an oath of office and secrecy
before the Chief Justice, and the Vice-President, before the President, as
provided for in the Federal law.
72. Remuneration and facilities of President and Vice-President: The
remuneration and other facilities of the President and the Vice-president
shall be as provided for in the Federal Act, and as specified by the
Government of Nepal until such Act is made.
73. Office of President and Vice-President:
(1) There shall be separate offices for the performance of the functions of
the President and the Vice-President.
(2) The Government of Nepal shall make arrangements for employees
and other provisions as required to perform the functions of the offices
under clause (1).
Part-7 Federal Executive
74. Form of government: The form of government of Nepal shall be multi-
party, competitive, federal, democratic, republican, parliamentary form
of government based on pluralism.
75. Executive power:
(1) The executive power of Nepal shall, pursuant to this Constitution and
law, be vested in the Council of Ministers.
 (2) The responsibility for issuing general directives, controlling and (4) The Prime Minister appointed under clause (2) or (3) shall obtain a
regulating the governance of Nepal shall, subject to this Constitution and vote of confidence from the House of Representatives no later than thirty
law, lie in the Council of Ministers. days after the date of such appointment.

(3) All Federal executive functions of Nepal shall be performed in the (5) In cases where the Prime Minister appointed under clause (3) fails to
name of the Government of Nepal. obtain a vote of confidence under clause (4) and any member under
clause (2) presents a ground on which he or she can obtain a vote of
(4) Any decision or order to be issued in the name of the Government of
confidence in the House of Representatives, the President shall appoint
Nepal pursuant to clause (3) and other instruments of authorization
such member as the Prime Minister.
pertaining thereto shall be authenticated as provided for in the Federal
law. (6) The Prime Minister appointed under clause (5) must obtain a vote of
confidence under clause (4).
76. Constitution of Council of Ministers:
(7) In cases where the Prime Minister appointed under clause (5) fails to
(1) The President shall appoint the leader of a parliamentary party that
obtain a vote of confidence or the Prime Minister cannot be appointed,
commands majority in the House of Representatives as the Prime
the President shall, on recommendation of the Prime Minister, dissolve
Minister, and the Council of Ministers shall be constituted under his or
the House of Representatives and appoint a date of election so that the
her chairpersonship.
election to another House of Representatives is completed within six
(2) In cases where no party has a clear majority in the House of months.
Representatives under clause (1), the President shall appoint as the Prime
(8) Procedures on the appointment of the Prime Minister under this
Minister a member of the House of Representatives who can command
Article must be completed no later than thirty five days after the date of
majority with the support of two or more parties representing to the
declaration of the final results of election to the House of Representatives
House of Representatives.
held under this Constitution or the date on which the office of the Prime
(3) In cases where Prime Minister cannot be appointed under clause (2) Minister has fallen vacant.
no later than thirty days after the date of declaration of the final results
(9) The President shall, on recommendation of the Prime Minister,
of election to the House of Representatives or the Prime Minister so
constitute the Council of Ministers comprising a maximum of twenty five
appointed fails to secure a vote of confidence under clause (4), the
Ministers including the Prime Minister, in accordance with the inclusive
President shall appoint as the Prime Minister the parliamentary party
principle, from amongst the members of the Federal Parliament.
leader of the party which has the highest number of members in the
House of Representatives. Explanation: For the purposes of this Article, "Minister" means a Deputy
Prime Minister, Minister, Minister of State and Assistant Minister.
 (10) The Prime Minister and Ministers shall be collectively responsible to
the Federal Parliament, and the Ministers shall be individually responsible
for the work of their respective Ministries to the Prime Minister and the
Federal Parliament.
77. Vacation of office of Prime Minister and Minister:
(1) The office of the Prime Minister shall be vacant in any of the following
circumstances:
(a) if he or she tenders resignation in writing to the President,
(b) if a vote of confidence is not passed or a vote of no-confidence is
passed against him or her under Article 100,
(c) if he or she ceases to be a member of the House of Representatives,
(d) if he or she dies.
(2) The office of a Minister shall be vacant in any of the following
circumstances:
(a) if he or she tenders resignation in writing to the Prime Minister,
(b) if the Prime Minister removes him or her from office,
(c) if the office of Prime Minister falls vacant under sub-clause (a), (b) or
(c) of clause (1),
(d) if he or she dies.
(3) If the office of Prime Minister falls vacant under clause (1), the same
Council of Ministers shall continue to act until another Council of
Ministers is constituted. Provided that if the Prime Minister dies, the
senior-most Minister shall act as the Prime Minister until a new Prime
Minister is appointed.
78. Non-member of Federal Parliament to be Minister:
(1) Notwithstanding anything contained in clause (9) of Article 76, the
President may, on recommendation of the Prime Minister, appoint a
person who is not a member of the Federal Parliament as a Minister
(2) A Minister appointed under clause (1) must obtain membership of the
Federal Parliament within six months from the date of taking oath by him
or her.
(3) In the event of failure to obtain membership of the Federal
Parliament within the period mentioned in clause (2), he or she shall not
be qualified to be reappointed to the office of Minister during the term of
the then House of Representatives.
(4) Notwithstanding anything contained in clause (1), a person who has
been defeated in the election to the then House of Representatives shall
not be qualified to be appointed to the office of Minister during the term
of such House of Representatives.
79. Remuneration and other facilities of Prime Minister and Ministers:
The remuneration and other facilities of the Prime Minister and Ministers
shall be as provided for in the Federal Act, and shall be as specified by the
Government of Nepal until such Act is made.
80. Oath: The Prime Minister, Deputy Prime Minister and Ministers shall
take an oath of office and secrecy before the President, and Ministers of
State and Assistant Ministers, before the Prime Minister, as provided for
in the Federal law, prior to assuming their respective offices.
81. To inform President: The Prime Minister shall inform the President
about the following matters:
(a) resolutions of the Council of Ministers,
(b) Bills to be introduced in the Federal Parliament,
(c) such other necessary information as commanded by the President on
matters set forth in clauses (a) and (b), and
(d) current general state of affairs of the country and matters concerning
foreign relations.
82. Transaction of business of Government of Nepal:
(1) The business of the Government of Nepal shall be allocated and
transacted in accordance with the rules approved by the Government of
Nepal.
(2) No question may be raised in any court as to whether or not the rules
under clause (1) have been observed.
Part-8
Federal Legislature
83. Federal Legislature:
There shall be a Federal Legislature consisting of two Houses to be known
as the House of Representatives and the National Assembly, which shall
be called as the Federal Parliament.
84. Composition of House of Representatives:
(1) The House of Representatives shall consist of a total of two hundred
and seventy five members, as follows:
(a) One hundred and sixty five members to be elected through the first
past the post electoral system, with one being elected from each election
constituency of one hundred and sixty five election constituencies
delimited in the country on the basis of geography and population,
(b) One hundred and ten members to be elected through the
proportional electoral system where voters vote for political parties, with
the whole country being considered as a single election constituency.
(2) The Federal law shall provide that, in fielding candidacy by political
parties for the election to the House of Representatives under the
proportional electoral system, representation shall be ensured on the
basis of a closed list also from women, Dalit, indigenous peoples, Khas
Arya, Madhesi, Tharu, Muslims and backward regions, on the basis of
population. In so fielding candidacy, regard shall also be had to geography
and territorial balance.
Explanation: For the purposes of this clause, "Khas Arya" means Kshetri,
Brahmin, Thakuri, Sanyasi (Dashnami) community.
(3) In fielding candidacy under clause (2), political parties shall provide for
representation of the persons with disabilities as well.
(4) Election to the House of Representatives under clause (1) shall be held
through secret ballots in accordance with law.
(5) Each citizen of Nepal who has completed the age of eighteen years
shall have the right to vote in any one election constituency as provided
for in the Federal law.
(6) A person who is qualified under Article 87 and entitled to vote in an
election to the members of the House of Representatives may, subject to
the Federal law, be a candidate in any election constituency. Provided
that a person shall not be a candidate in more than one election
constituencies at the same time.
(7) If the seat of any member of the House of Representatives falls
vacant while its term still remains for more than six months, the vacancy
shall be filled in the same manner of electoral system as in which such
seat was filled in.
(8) Notwithstanding anything contained elsewhere in this Part, at least
one third of the total number of members elected from each political
party representing in the Federal Parliament must be women. If women
are not so elected as to constitute one third of the elected members of
any political party under sub-clause (a) of clause (1) and sub-clause (a) of
clause (2) of Article 86, such political party must, in electing members
under sub-clause (b) of clause (1), so elect that women members
constitute at least one third of the total number of members elected to
the Federal Parliament from that party.
(9) Election to the House of Representatives and other matters pertaining
thereto shall be as provided for in the Federal law.
(a) fifty six elected members consisting of at least three women, one Dalit
and one from persons with disabilities or minorities, from each State by
an electoral college composed of members of the State Assembly,
chairpersons and vice-chairpersons of the Village Bodies, and Mayors and
Deputy-Mayors of the Municipalities, with different weightage of vote by
members of the State Assembly, chairpersons and vice-chairpersons of
the Village Bodies, and Mayors and Deputy-Mayors of the Municipalities,
as provided for in the Federal law,
(b) Three members consisting of at least one woman nominated by the
President on recommendation of the Government of Nepal.
(3) The term of office of the members of the National Assembly shall be
six years. The term of office of one third of the members of the National
Assembly shall expire in every two years.

85. Term of House of Representatives: Provided that, for the first time, after the commencement of this
Constitution, arrangements shall be made by drawing lots to retire one-
(1) Unless dissolved earlier pursuant to this Constitution, the term of the
third of the members on the expiry of two years, another one-third on
House of Representatives shall be five years
the expiry of four years, and the final one-third on the expiry of six years.
(2) Notwithstanding anything contained in clause (1), the term of the
(4) In computing the term of office of the members of the National
House of Representatives may be extended by a Federal Act for a period
Assembly for the first time after the commencement of this Constitution,
not exceeding one year in cases where a proclamation or order of a state
the term of office of all members shall be deemed to have commenced
of emergency is in effect.
on the day on which the first session of the National Assembly is held.
(3) The term of the House of Representatives extended under clause (2)
(5) Any vacancy of seat in the National Assembly shall be filled for the
shall ipso facto expire upon the expiry of six months from the date of
remainder of the term of office in the same manner of election or
voidance of the proclamation or order of the state of emergency.
nomination as in which the seat of the vacating member was filled.
86. Composition of National Assembly and term of office of its members:
(6) Other matters relating to election to the members of the National
(1) The National Assembly shall be a permanent House. Assembly shall be as provided for in the Federal law.

(2) The National Assembly shall consist of fifty nine members as follows:
87. Qualification for member: (1) A person who has the following
qualification shall be qualified to become a member of the Federal
Parliament:
(a) being a citizen of Nepal, (b) having completed the age of twenty five
years, for the House of Representatives, and the age of thirty five years,
for the National Assembly, (c) not having been convicted of a criminal
offense involving moral turpitude, (d) not being disqualified by any
Federal law, and (e) not holding any office of profit.
Explanation: For the purposes of this clause, "office of profit" means any
position, other than a political position which is to be filled by election or
nomination, for which a remuneration or economic benefit is paid out of
a government fund.
(2) No person may be a member of both Houses at the same time.
(3) If a person who holds a political office to be filled by way of election,
nomination or appointment is elected or nominated as a member of the
Federal Parliament under this Part, his or her such office shall ipso facto
be vacant from the day on which he or she takes an oath of office of
member of the Federal Parliament.
88. Oath: Every member of each House of the Federal Parliament must,
before taking part for the first time in the session of the House or any of
its committees, take an oath as provided for in the Federal law
89. Vacation of seat: The seat of a member of the Federal Parliament shall
become vacant in any of the following circumstances: (a) if he or she
tenders resignation in writing before the Speaker or Chairperson, (b) if he
or she is no longer qualified or ceases to possess the qualification under
Article 87, (c) if the term of the House of Representatives or the term of
office of the member of the National Assembly expires, (d) if he or she
absents himself or herself from ten consecutive meetings, without giving
notice to the concerned House, (e) if the political party of which he or she
was a member when elected provides a notification in accordance with
the Federal law that he or she has defected from the party, (f) if he or she
dies.
90. Decision as to disqualification of member: If a question arises as to
whether any member of the Federal Parliament is disqualified or has
become disqualified under Article 87, the Constitutional Bench of the
Supreme Court shall finally decide that question.
91. Speaker and Deputy Speaker of House of Representatives:
(1) The members of the House of Representatives shall, not later than
fifteen days of the date of holding of the first meeting of the House of
Representatives, elect a Speaker and a Deputy Speaker from amongst
themselves.
(2) Election under clause (1) shall be so held that there is one woman out
of the Speaker and the Deputy Speaker, and the Speaker and the Deputy
Speaker of the House of Representatives shall be representatives from
different parties.
Provided that if there is no representation of more than one party in the
House of Representatives or no candidacy is filed by more than one party
in spite of representation, nothing shall prevent the members of the
same party from being the Speaker and the Deputy Speaker of the House
of Representatives.
(3) If the office of the Speaker or the Deputy Speaker falls vacant, the
members of the House of Representatives shall fill the vacancy by electing
the Speaker or Deputy Speaker from amongst themselves. (4) The Deputy
Speaker shall, in the absence of the Speaker, chair the House of
Representatives. (5) If election to the Speaker and the Deputy Speaker is
not held or if both the positions become vacant, the attending member
who is by age the senior-most shall chair the meeting of the House of
Representatives. (6) The office of the Speaker or Deputy Speaker of the
House of Representatives shall become vacant in any of the following
circumstances:
(a) if he or she ceases to be a member of the House of Representatives,
Provided that, in the event of dissolution of the House of
Representatives, the Speaker and the Deputy Speaker of the House of
Representatives holding their respective offices shall continue in office
until the previous day of the filing of nominations for another election to
the House of Representatives, (b) if he or she tenders resignation in
writing, (c) if a resolution is passed by a majority of two-thirds of the total
number of the then members of the House of Representatives that his or
her conduct is not compatible with his or her office.
(7) The Deputy Speaker shall chair a meeting at which deliberations are to
be held on a resolution that the conduct of the Speaker of the House of
Representatives is not compatible with his or her office. The Speaker of
the House of Representatives may take part and vote in the deliberations
on such resolution.
92. Chairperson and Vice-Chairperson of National Assembly:
(1) The members of the National Assembly shall, not later than fifteen
days of the date of holding of its first meeting, elect the Chairperson and
the Vice-Chairperson of the National Assembly from amongst themselves.
(2) Election under clause (1) shall be so held that there is one woman out
of the Chairperson and the Vice-Chairperson of the National Assembly.
(3) If the office of the Chairperson or Vice-Chairperson of the National
Assembly falls vacant, the members of the National Assembly shall fill the
vacancy by electing its Chairperson or Vice-Chairperson from amongst
themselves. (4) The Vice-Chairperson of the National Assembly shall, in
the absence of its Chairperson, chair the National Assembly. (5) If the
election to the Chairperson and the Vice-Chairperson of the National
Assembly is not held or if both the positions becomes vacant, the
member who is by age the senior-most out of the attending members
shall chair the meeting of the National Assembly. (6) The office of the
Chairperson or Vice-Chairperson of the National Assembly shall become
vacant in any of the following circumstances:
(a) if he or she ceases to be a member of the National Assembly, (b) if he
or she tenders resignation in writing, (c) if a resolution is passed by a
majority of two-thirds of the total number of the then members of the
National Assembly that his or her conduct is not compatible with his or
her office.
(7) The Vice-Chairperson of the National Assembly shall chair a meeting at
which deliberations are to be held on a resolution that the conduct of the
Chairperson of the National Assembly is not compatible with his or her
office. The Chairperson of the National Assembly may take part and vote
in the deliberations on such resolution.
93.
Summoning and prorogation of session:
(1) The President shall summon a session of the Federal Parliament
within thirty days of the declaration of final results of the election to the
House of Representatives. Thereafter, the President shall, from time to
time, summon sessions of both or either of the Houses pursuant to this
Constitution.
Provided that the interval between the two consecutive sessions shall not
exceed six months.
(2) The President may prorogue the sessions of both or either of the
Houses of the Federal Parliament.
(3) If, during the prorogation or recess of the session of the House of
Representatives, one-fourth of the total number of its members write a
petition that it is desirable to convene a session or meeting, the President
shall specify the date and time for such session or meeting. The House of
Representatives shall meet or commence its session at the date and time
so specified.
94. Quorum: Except as otherwise provided in this Constitution, no
question or resolution shall be presented for decision in a meeting of
either House of the Federal Parliament unless one-fourth of the total
number of its members are present.
95. Address by President: (1) The President may address either a meeting
of any House or a joint sitting of both Houses of the Federal Parliament,
and summon the members for that purpose. (2) The President shall
address the first session after election to the House of Representatives
and a joint sitting of both Houses of the Federal Parliament after the
commencement of the first session of each year.
96. Deputy Prime Minister, Minister, Minister of State and Assistant
Minister entitled to take part in both Houses: The Deputy Prime Minister,
Minister, Minister of State and Assistant Minister shall be entitled to
attend and take part in the proceedings and deliberations of either House
of the Federal Parliament or its committees.
Provided that he or she shall not be entitled to vote in a House or its
committee of which he or she is not a member.
97. Formation of committees:
(1) The House of Representatives and the National Assembly may form
committees as provided for in the Federal law.
(2) If a resolution is passed by either House demanding that a joint
committee of both the Houses be formed for the purpose of managing
the working procedures between the two Houses of the Federal
Parliament, resolving disagreement on any Bill or for any other specified
function, the joint committee shall be formed. The joint committee shall
consist of a maximum of twenty five members in the ratio of five
members from the House of Representatives to one member from the
National Assembly.
98. Transaction of business in case of vacancy in seat of member: Either
House of the Federal Parliament shall have the power to transact its
business notwithstanding any vacancy in the seat of its member. No
proceedings of either House of the Federal Parliament shall become
invalid even if it is subsequently discovered that a person who was not so
entitled took part in such proceedings.
99. Voting: Except as otherwise provided in this Constitution, any
motions submitted for decision in either House of the Federal Parliament
shall be decided by a majority vote of the members present and voting.
The member chairing the meeting shall not have the right to vote.
Provided that he or she may cast vote in the case of a tie.
100. Provisions relating to vote of confidence and motion of no-
confidence: (1) The Prime Minister may, whenever he or she considers
necessary or appropriate to show that he or she has confidence from the
House of Representatives, table a motion to that effect in the House of
Representatives for the vote of confidence.
(2) If the political party which the Prime Minister represents is divided or
a political party in coalition government withdraws its support, the Prime
Minister shall table a motion in the House of Representatives for a vote of
confidence within thirty days.
(3) If a motion tabled under clauses (1) and (2) is not passed by a
majority of the total number of the then members of the House of
Representatives, the Prime Minister shall relieve of his or her office.
(4) One-fourth of the total number of the then members of the House of
Representatives may table a motion of no-confidence in writing that the
House has no confidence in the Prime Minister.
Provided that a motion of no confidence shall not be tabled until the first
two years after the appointment of the Prime Minister and until another
one year after the date of failure of the motion of no confidence once
tabled.
(5) A motion of no confidence to be tabled under clause (4) shall also
indicate the name of a member proposed for the Prime Minister.
(6) If a motion of no confidence tabled under clause (4) is passed by a
majority of the total number of the then members of the House of
Representatives, the Prime Minister shall relieve of his or her office.
(7) If the office of Prime Minister falls vacant because of the passage of a
motion of no confidence under clause (6), the President shall, in
accordance with Article 76, appoint as the Prime Minister the member of
the House of Representatives proposed under clause (5).
101. Impeachment:
(1) One fourth of the total number of the then members of the House of
Representatives may move a motion of impeachment against the
President or Vice-President on the ground of serious violation of this
Constitution and the Federal law. If the motion is passed by at least two
thirds majority of the total number of the then members of both Houses
of the Federal Parliament, he or she shall relive of his or her office.
(2) One fourth of the total number of the then members of the House of
Representatives may move a motion of impeachment against the Chief
Justice of Nepal or a Judge of the Supreme Court, member of the Judicial
Council, chief or official of a Constitutional Body on the ground of his or
her failure to fulfil his or her duties of office because of serious violation
of this Constitution and law, incompetence or misconduct or failure to
discharge the duties of office honestly or serious violation of the code of
conduct. If the motion is passed by at least two thirds majority of the
total number of the then members of the House of Representatives, the
concerned person shall relieve of his or her office.
(3) There shall be an impeachment recommendation committee in the
House of Representatives for the purpose of making recommendation
after inquiring into whether there exist the ground and reason for moving
a motion of impeachment against any person under clause (2).
(4) The committee under clause (3) shall consist of eleven members of
the House of Representatives.
(5) If at least three members of the House of Representatives certify and
submit a petition that the received information, notice or petition is
admissible on the ground of serious violation of the Constitution or
incompetence or misconduct or failure to discharge the duties of office
honestly or serious violation of the code of conduct by the person
relieving of office on impeachment under clause (2), and the committee
under clause (3), upon inquiring into such petition in accordance with
Federal law, makes recommendation to the House of Representatives for
impeachment proceedings, a motion of impeachment under clause (2)
may be moved.
(6) After the commencement of impeachment proceedings under clause
(2), the Chief Justice of Nepal or Judge of the Supreme Court, member of
the Judicial Council, chief or official of the Constitutional Body shall not be
allowed to discharge the duties of his or her office pending the settlement
of such proceedings.
(7) A person who is charged with impeachment under clause (1) or (2)
shall be provided with a reasonable opportunity to defend himself or
herself
(8) Nothing shall bar the taking of action under the Federal law in relation
to the offence, if any, committed while in office by the President or Vice-
President, Chief Justice of Nepal or a Judge of the Supreme Court of
Nepal, member of the Judicial Council, chief or official of a Constitutional
Body who is relieved of office upon the passage of a motion of
impeachment under this Article.
(9) A person who is relieved of office on the passage of a motion of
impeachment under clause (1) or (2) shall not be entitled to obtain any
facility accruing from such office and to be appointed or nominated to
any public office in the future.
(10) Other matters relating to impeachment shall be as provided for in
the Federal law.
102. Penalty for unauthorized presence or voting: If a person who has
not taken oath under Article 88 or who is not a member of the Federal
Parliament is present or votes in the capacity of member in a meeting of
either House of the Federal Parliament or of its committee, the person
shall, by order of the person chairing the meeting, be fined with a sum of
five thousand rupees for each instance of such presence or voting, and
such fine shall be recovered as a government due.
103. Privileges:
(1) There shall be full freedom of speech in both Houses of the Federal
Parliament; and no member shall be arrested, detained or prosecuted in
any court for anything expressed or any vote cast by him or her in the
House.
(2) Each House of the Federal Parliament shall, subject to this
Constitution, have full power to regulate and decide its internal business,
and the concerned House shall have the exclusive right to decide whether
or not any of its proceedings is regular or irregular. No question shall be
raised in any court in this behalf
(3) No comment shall be made about the good faith concerning any
proceeding of any House of the Federal Parliament, and no publication
and broadcasting of any kind shall be made about anything said by any
member, intentionally distorting or misinterpreting the meaning of the
speech.
(4) The provisions of clauses (1) and (3) shall also apply to other persons
who are entitled to participate in the meetings of the House than the
members of the Federal Parliament.
(5) No proceedings shall be initiated in any court against any person in
respect of the publication, under the authority granted by any House of
the Federal Parliament, of any document, report, vote or proceeding.
Explanation: For the purposes of clauses (1), (2), (3) and (4), "House"
means the House of Representatives or the National Assembly, and
includes a joint sitting or committee or joint committee of the Federal
Parliament.
 (6) No member of the Federal Parliament shall be arrested during the
period from the issuance of a notice summoning the session to its
prorogation. Provided that nothing in this clause shall be deemed to bar
the arresting under the Federal law of any member on a criminal charge.
If any member is so arrested, the authority making such arrest shall
forthwith give information thereof to the person presiding over the
concerned House.
(7) Any breach of the privileges shall be deemed to constitute contempt
of the Federal Parliament, and the concerned House shall have the
exclusive right to decide whether any privilege has been breached.
(8) If any person is in contempt of any House, the person presiding over
the concerned House may, after a decision by the House to that effect,
admonish, warn or impose a sentence of imprisonment for a term not
exceeding three months or of a fine not exceeding ten thousand rupees
on such person, and such fine shall be recovered as a government due.
Provided that if such person apologies to the satisfaction of the
concerned House, it may pardon, remit or commute the sentence
imposed on, him or her.
(9) Other matters relating to the privileges of the Federal Parliament shall
be as provided for in the Federal law. 104. Procedures relating to conduct
of business:
(1) Each House of the Federal Parliament shall frame rules to conduct its
business, maintain order during its meetings and regulate the
constitution, functions and procedures of the committees and procedures
of the House or its committee. Until such rules are framed, the Federal
Parliament shall regulate its procedures on its own.
(2) The conduct of business of the joint sitting of the Federal Parliament,
and constitution and proceedings of the joint committee of the Federal
Parliament shall be regulated by the rules or procedures approved by the
joint sitting of both Houses of the Federal Parliament.
105. Restriction on discussion: No discussion shall be held in either House
of the Federal Parliament on any matters that may cause adverse effect
on the dispensation of justice on any cases which are sub judice in any
courts of Nepal and on any judicial acts done by Judges in the course of
performance of their duties.
Provided that nothing in this Article shall be deemed to bar the
expression of opinions about the conduct of a Judge during deliberations
held on a motion of impeachment.
106. Secretary General and Secretary of Federal Parliament:
(1) The President shall appoint the Secretary General of the House of
Representatives on recommendation of both the Speaker of the House of
Representatives and the Chairperson of the National Assembly, the
Secretary of the House of Representatives on recommendation of the
Speaker, and the Secretary of the National Assembly on recommendation
of the Chairperson.
(2) The qualification, functions, duties, powers and other conditions of
service of the Secretary General of the Federal Parliament, Secretary of
the House of Representatives and Secretary of the National Assembly
shall be as provided for in the Federal law.
107. Secretariat of Federal Parliament:
There shall be a Secretariat for conducting and managing the business of
the Federal Parliament. The establishment of such Secretariat and other
matters related thereto shall be as provided for in the Federal law.
108. Remuneration: The remuneration and facilities of the Speaker and
the Deputy Speaker of the House of Representatives, the Chairperson and
the ViceChairperson of the National Assembly, chairpersons of the
committees and members of the Federal Parliament shall be as provided
for in the Federal law, and as specified by the Government of Nepal until
such law is made.
Part-9
Federal Legislative Procedures
109. Legislative powers of Federal Parliament: The legislative powers of
the Federal Parliament shall be as enumerated in the lists of Schedule-5,
Schedule7 and Schedule-9.
110. Procedures for introduction of Bills:
(1) A Bill may, subject to this Constitution, be introduced in any House of
the Federal Parliament.
Provided that a Money Bill shall be introduced only in the House of
Representatives.
(2) A Money Bill and a Bill concerning a security body including the Nepal
Army, Nepal Police and Armed Police Force, Nepal shall be introduced
only as a Government Bill.
(3) "Money Bill" means a Bill concerning any or all of the following
subjects:
(a) the imposition, collection, abolition, remission, alteration or regulation
of taxes,
(b) the preservation of the Federal Consolidated Fund or any other
Federal Government Fund, the deposit of moneys into and the
appropriation or the withdrawal of moneys from such Funds, or the
reduction, increment or cancellation of appropriations or of proposed
expenditures from such Funds,
(c) the regulation of matters relating to the borrowing of money or the
giving of guarantee by the Government of Nepal, or any matter pertaining
to the amendment of the law with respect to any financial obligations
undertaken or to be undertaken by the Government of Nepal,
(d) the custody and investment of all revenues received by any Federal
Government Fund, moneys acquired through the repayment of loans, and
grant moneys, or accounts or audits of the accounts of the Government
of Nepal, or
(e) Other matters directly related to any of the subjects specified in clause
(a), (b), (c) or (d).
Provided that any Bill shall not be deemed to be a Money Bill by the
reason only that it provides for the levying of any charges and fees such
as license fee, application fee, renewal fee or for the imposition of fines
or penalty of imprisonment.
(4) If any question arises whether a Bill is a Money Bill or not, the decision
of the Speaker thereon shall be final.
111. Procedures for passage of Bills:
(1) A Bill passed by one House of the Federal Parliament shall be
transmitted to the other House as soon as possible and such Bill, if passed
by the receiving House, shall be presented to the President for assent.
(2) A Money Bill passed by the House of Representatives shall be
transmitted to the National Assembly. The National Assembly shall, after
deliberations on such Bill, send back the Bill to the House of
Representatives within fifteen days from the date of receipt of the Bill,
with suggestions, if any.
(3) The House of Representatives shall, upon deliberations on a Bill
returned with suggestions under clause (2), present the Bill incorporating
such suggestions as it may deem appropriate to the President for assent.
(4) If the National Assembly does not return a Money Bill received under
clause (2) for more than fifteen days, the House of Representatives may
present the Bill to the President for assent.
(5) Any Bill, except for a Money Bill, passed by the House of
Representatives and transmitted to the National Assembly shall be
returned with approval or suggestions within two months from the date
of receipt. If the National Assembly does not return the Bill within that
period, the House of Representatives may, by a resolution passed by a
majority of the total number of its existing members, present the Bill to
the President for assent.
(6) If any Bill, other than a Money Bill, passed by one House is rejected or
is passed with amendments by the other House, the Bill shall be returned
to the House where it originated.
(7) If the House of Representatives, in considering a Bill which has been
rejected or amended by the National Assembly under clause (6), passes it
again as it was or with amendments, by a majority of the total number of
its existing members, the Bill shall be presented to the President for
assent.
(8) If a Bill which has been returned with amendments by the House of
Representatives to the National Assembly under clause (6) is also again
passed, with such amendments, by a majority of the number of existing
members of the National Assembly, the Bill shall be presented to the
President for assent.
(9) The following Bills shall be referred to a joint sitting of the both
Houses, and if the joint sitting passes the Bill as it was or with
amendments, the House in which the Bill originated shall present it to the
President for assent:
(a) Bills which, though passed by the National Assembly, have been
rejected by the House of Representatives, or
(b) Bills which have been returned to the National Assembly with
amendments by the House of Representatives, but the National Assembly
has not agreed on such amendments.
(10) Even though the session of a House is prorogued while a Bill is under
its consideration, deliberations on the Bill may continue at the succeeding
session.
Provided that if the House of Representatives is dissolved or its term
expires when any Bill introduced in the House of Representatives is under
its consideration or when any Bill passed by the House of Representatives
is under consideration in the National Assembly, such Bill shall lapse.
112. Withdrawal of Bills:
One who has introduced a Bill may, with the approval of the House,
withdraw the Bill. 113. Assent on Bills:
(1) A Bill which is to be submitted to the President for assent under Article
111 shall be so submitted by the Speaker or the Chairperson of the House
in which the Bill originated after it has been certified by him or her.
Provided that in the case of a Money Bill, the Speaker shall so certify.
(2) A Bill submitted to the President for his or her assent in accordance
with this Article shall be assented to within fifteen days, both Houses shall
be informed thereof as soon as possible.
(3) If the President is of the opinion that any Bill, except a Money Bill,
submitted for assent needs reconsideration, he or she may, within fifty
days from the date of presentation of such Bill, return the Bill with his or
her message to the House in which the Bill originated.
(4) If any Bill is returned with a message by the President, and both
Houses reconsider, passes such Bill as it was or with amendments and
submit it again, the President shall give assent to that Bill within fifteen
days of such submission.
(5) A Bill shall become an Act after the President gives assent to it.
114. Provisions relating to Ordinance:
(1) If, at any time, except when both Houses of the Federal Parliament are
in session, circumstances exist which render it necessary to take
immediate action, the President may, on recommendation of the Council
of Ministers, promulgate an Ordinance.
(2) An Ordinance promulgated under clause (1) shall have the same force
and effect as an Act.
Provided that every such Ordinance:
(a) shall be tabled at the session of both Houses of the Federal
Parliament held after the promulgation, and if not passed by both
Houses, it shall ipso facto cease to be effective,
(b) may be repealed at any time by the President, and
(c) shall, unless rendered ineffective or repealed under subclause (a) or
(b), ipso facto cease to be effective at the expiration of sixty days after the
day on which a meeting of both Houses is held.
Explanation: For the purposes of this clause, "day on which a meeting of
both Houses is held" means the day on which a session or meeting of
both Houses of the Federal Parliament commences or is held, and this
term means the later day on which a meeting of the House is held if the
Houses of the Federal Parliament meet on different dates.
Part-10
Federal Financial Procedures
115. No tax to be levied or loan to be raised:
(1) No tax shall be levied and collected except in accordance with law.
(2) No loan shall be raised and guarantee given by the Government of
Nepal except as provided for in the Federal law.
116. Federal Consolidated Fund: Except for the revenues of trusts
(Guthi), all revenues received by the Government of Nepal, all loans
raised on the security of revenues, all amounts received in repayment of
any loans made under the authority of any Act and any other moneys
received by the Government of Nepal shall, except as otherwise provided
by a Federal Act, be credited to a Government Fund to be known as the
Federal Consolidated Fund.
117. Expenditures from Consolidated Fund or Government Fund: No
expenditure shall be incurred out of the Federal Consolidated Fund or any
other Federal Government Fund except the following:
(a) moneys charged on the Federal Consolidated Fund,
 (b) moneys required to meet the expenditure under a Federal
Appropriation Act,
(c) advance moneys authorized by a Federal Act required to meet
expenditures, when an Appropriation Bill is under consideration,
or
(d) expenditures to be incurred in extraordinary circumstances under a
Federal Vote of Credit Act which contains only a description of
expenditures.
Provided that matters relating to the Federal Contingency Fund shall be
governed by Article 124.
118. Expenditures chargeable on Federal Consolidated Fund: The
expenditures relating to the following matters shall be charged on the
Federal Consolidated Fund, and approval of the Federal Parliament shall
not be required for such expenditures:
(a) the amount required as remuneration and facilities of the President
and the Vice-president,
(b) the amount required as remuneration and facilities payable to the
Chief Justice of Nepal, Judges of the Supreme Court, and members of the
Judicial Council,
(c) the amount required as remuneration and facilities payable to the
Speaker and the Deputy Speaker of the House of Representatives, and
the Chairperson and the Vice Chairperson of the National Assembly,
(d) the amount required as remuneration and facilities payable to the
chiefs and officials of the Constitutional Bodies,
(e) the amount required as remuneration and facilities of the Chiefs of
States,
(f) the administrative expenses of the Office of the President or the Vice
President, the Supreme Court, the Judicial Council, the Constitutional
Bodies, and the offices of Chiefs of States,
(g) all charges relating to debts for which the Government of Nepal is
liable,
(h) any sum required to satisfy any judgment or decree made by a court
against the Government of Nepal, and
(i) any other sum to be chargeable by the Federal law on the Federal
Consolidated Fund.
119. Estimates of revenues and expenditures:
(1) The Minister for Finance of the Government of Nepal shall, in respect
of every financial year, lay before the joint sitting of both Houses of the
Federal Parliament an annual estimate setting out, inter alia, the
following matters:
(a) an estimate of revenues,
(b) the moneys required to meet the charges on the Federal Consolidated
Fund, and (c) the moneys required to meet the expenditure to be
provided for by a Federal Appropriation Act.
(2) The annual estimate to be laid pursuant to clause (1) shall also be
accompanied by a statement of the expenses allocated to every Ministry
in the previous financial year and particulars of whether the objectives of
the expenses have been achieved.
 (3) The Minister for Finance of the Government of Nepal shall lay before
the Federal Parliament an estimate of revenues and expenditures under
clause (1) on the 15th day of Jesta (mid May) each year.
120. Appropriation Act: The moneys to be spent under an Appropriation
Act shall be specified under concerned heads in an Appropriation Bill.
121. Supplementary estimates:
(1) The Minister for Finance of the Government of Nepal may lay before
the House of Representatives a supplementary estimate if it is found in
any financial year,- (a) that the sum authorized to be spent for a
particular service by the Appropriation Act for the current financial year is
insufficient, or that a need has arisen for expenditures on some new
service not provided for by the Appropriation Act for that year, or (b) that
the expenditures made during that financial year are in excess of the
amount authorized by the Appropriation Act.
(2) The sums included in the supplementary estimate shall be specified
under the related heads in a Supplementary Appropriation Bill.
122. Votes on account:
(1) Notwithstanding anything contained elsewhere in this Part, a portion
of the expenditure estimated for the financial year may, when an
Appropriation Bill is under consideration, be incurred in advance, as
provided for in the Federal Act.
(2) A Vote on Account Bill shall not be introduced until the estimates of
revenues and expenditures have been laid in accordance with Article 119,
and the sums involved in the Vote on Account shall not exceed one-third
of the estimate of expenditures for the financial year.
(3) The expenditures incurred in accordance with the Federal Vote on
Account Act shall be included in the Appropriation Bill.
123. Votes of credit: Notwithstanding anything contained elsewhere in
this Part, if owing to an emergency due to either natural causes or a
threat of external aggression or internal disturbances or other reasons, it
appears to be impractical or inexpedient in view of the security or
interest of the country to specify the details required under Article 119,
the Minister for Finance of the Government of Nepal may lay before the
House of Representatives a Vote of Credit Bill giving only a statement of
expenditures.
124. Federal contingency fund:
(1) A Federal Act may create a fund to be known as the contingency fund
into which such moneys as may be determined by the Federal Act shall be
paid from time to time.
(2) The Government of Nepal shall control the fund under clause (1), and
may meet any unforeseen expenditure out of such fund.
(3) The amount of the expenditure under clause (2) shall be reimbursed
as soon as possible as provided for in the Federal Act.
125. Act relating to financial procedures: Matters relating to the transfer
of moneys appropriated by the Federal Act from one head to another and
other financial procedures shall be as provided for in the Federal Act.
Part-11 Judiciary
126. Courts to exercise powers relating to justice: (1) Powers relating to
justice in Nepal shall be exercised by courts and other judicial bodies in
accordance with this Constitution, other laws and the recognized
principles of justice. (2) All shall abide by the orders or decisions made in
the course of trial of lawsuits by the courts.
127. Courts:
(1) There shall be the following courts in Nepal:
(a) Supreme Court,
(b) High Court, and
(c) District Court.
(2) In addition to the courts under clause (1), judicial bodies may be
formed at the Local level to try cases under law or other bodies as
required may be formed to pursue alternative dispute settlement
methods.
128. Supreme Court: (1) There shall be a Supreme Court in Nepal.
(2) The Supreme Court shall be a court of record. All courts and judicial
bodies shall, except as otherwise provided in this Constitution, be under
the Supreme Court. The Supreme Court shall have the final authority to
interpret this Constitution and laws.
(3) The Supreme Court may inspect, supervise and give necessary
directives to, it and courts, specialized courts or other judicial bodies
under its jurisdiction, in relation to matters relating to judicial
administration or management
(4) All must abide by any interpretation of the Constitution or a law made
by or any legal principle laid down by the Supreme Court in the course of
trying a lawsuit. If anyone makes obstruction in the dispensation of
justice by, or disregard any order or judgment handed down by, it or any
of its subordinate courts, the Supreme Court may, in accordance with
law, initiate proceedings and impose punishment for contempt.
129. Appointment and qualification of Chief Justice of Nepal and Judges
of Supreme Court:
(1) The Supreme Court shall consist of a maximum of twenty Judges, in
addition to the Chief Justice of Nepal.
(2) The President shall appoint the Chief Justice, on recommendation of
the Constitutional Council, and other Judges of the Supreme Court, on
recommendation of the Judicial Council.
(3) Any person who has served as a Judge of the Supreme Court for at
least three years shall be qualified for appointment as the Chief Justice.
(4) The term of office of the Chief Justice shall be six years.
(5) Any citizen of Nepal who has obtained a bachelor's degree in law and
served as the Chief Judge or a Judge of a High Court for at least five years
or who has obtained a bachelor's degree in law and constantly practiced
law as a senior advocate or advocate for at least fifteen years or who is a
distinguished jurist having constantly worked for at least fifteen years in
the judicial or legal field or who has served in the post of Gazetted first
class or a higher post of the Judicial Service for at least twelve years shall
be deemed qualified for appointment as a Judge of the Supreme Court.
Explanation: The period during which one has served as the Chief Judge
or Judge of an Appellate Court prior to the commencement of this
Constitution shall, for the purposes of this clause, be deemed to be the
period of service in the capacity of the Chief Judge or Judge of the High
Court.
(6) If the office of the Chief Justice falls vacant or the Chief Justice is
unable to carry out the duties of his or her office by reason of illness or
otherwise or he or she cannot be present in the Supreme Court by reason
of a leave of absence or his or her being outside of Nepal, the senior-most
Judge of the Supreme Court shall act as the Acting Chief Justice.
130. Conditions of service and facilities of Chief Justice and Judges: (1) If
the Chief Justice or a Judge of the Supreme Court who has served for at
least five years resigns or undergoes compulsory retirement or dies, he or
she shall be entitled to such pension as may be provided for in the
Federal law.
(2) Except as otherwise provided in this Constitution, the remuneration
and other conditions of service of the Chief Justice and Judges of the
Supreme Court shall be provided for in the Federal law.
(3) Notwithstanding anything contained in clauses (1) and (2), the Chief
Justice or a Judge of the Supreme Court who has been removed from
office by way of impeachment or who has been punished by a court for a
criminal offence involving moral turpitude shall not be entitled to gratuity
or pension.
(4) The remuneration and other conditions of service of the Chief Justice
or a Judge of the Supreme Court shall not be altered to his or her
disadvantage. Provided that this provision shall not apply in cases where
a state of emergency is declared because of extreme economic disarrays.
131. Vacation of office of Chief Justice or Judge of Supreme Court: The
office of the Chief Justice or a Judge of the Supreme Court shall be vacant
in any of the following circumstances:
(a) if he or she tenders resignation in writing before the President,
(b) if he or she attains the age of sixty-five years,
(c) if a motion of impeachment is passed against him or her under Article
101,
(d) if the President removes from office the Chief Justice, on
recommendation of the Constitutional Council, and the Judge of the
Supreme Court, on recommendation of the Judicial Council, on the
ground that he or she is unable to discharge his or her duties because of
physical or mental illness,
(e) if he or she is punished by a court for a criminal offence involving
moral turpitude,
(f) if he or she dies.
132. Chief Justice and Judges of Supreme Court not to be engaged in any
other office: (1) No Chief Justice or Judge of the Supreme Court shall be
engaged in or deputed to any office other than that of Judge.
Provided that the Government of Nepal may, in consultation with the
Judicial Council, depute a Judge of the Supreme Court to work concerning
judicial inquiry, or to legal or judicial investigation or research for a
specified period.
(2) No person who has once held the office of Chief Justice or a Judge of
the Supreme Court shall be eligible for appointment to any government
office, except as otherwise provided in this Constitution.
133. Jurisdiction of Supreme Court:
(1) Any citizen of Nepal may file a petition in the Supreme Court to have
any law or any part thereof declared void on the ground of inconsistency
with this Constitution because it imposes an unreasonable restriction on
the enjoyment of any fundamental right conferred by this Constitution or
on any other ground, or to have any law or any part thereof made by a
State Assembly declared void because it is inconsistent with any law
made by the Federal Parliament or to have any law or any part thereof
made by a Municipal Assembly or Village Assembly declared void because
it is inconsistent with a law made by the Federal Parliament or the State
Assembly, and the Supreme Court shall have an extra-ordinary power to
declare that law to be void either ab initio or from the date of its decision
if the law appears to be so inconsistent.
(2) The Supreme Court shall, for the enforcement of the fundamental
rights conferred by this Constitution or of any other legal right for which
no other remedy has been provided or for which the remedy even though
provided appears to be inadequate or ineffective or for the settlement of
any constitutional or legal question involved in any dispute of public
interest or concern, have the extraordinary power to issue necessary and
appropriate orders, provide appropriate remedies, enforce such right or
settle such dispute.
(3) Under the extra-ordinary jurisdiction under clause (2), the Supreme
Court may issue appropriate orders and writs including the writs of
habeas corpus, mandamus, certiorari, prohibition and quo warranto.
Provided that except on the ground of lack of jurisdiction, the Supreme
Court shall not under this clause interfere with any internal proceedings
of the Federal Parliament or State Assembly, and with any proceedings
instituted by the Federal Parliament or State Assembly concerning
violation of its privileges and penalties imposed therefor.
(4) Subject to this Constitution, the Supreme Court shall, as provided in a
Federal law, have the power to originally try and settle cases, hear
appeals, test judgments referred for confirmation, revise cases, hear
petitions or review its judgments or final orders. Judges other than those
having handed down the previous judgment shall make such review.
(5) The Supreme Court shall settle appeals from cases originally tried and
settled by a High Court and matters of public importance involving
questions of interpretation of the Constitution and law or cases
recommended by a High Court, accompanied by its opinion, that it is
reasonable that decision be made by the Supreme Court.
(6) Other powers and procedures of the Supreme Court shall be as
provided for in the Federal law
134. Power to transfer of cases:
(1) If cases which involve substantially the same questions are sub judice
before the Supreme Court and a High Court, and the Supreme Court is
satisfied on its own or on application by the Attorney General or parties
to such cases that such questions are of public importance, the Supreme
Court shall have the power to procure and adjudge the cases together.
(2) If there exists a special situation where judicial impartiality can be
questioned if a case filed in a High Court is tried by that Court, the
Supreme Court may, for reasons and grounds to be recorded, order such
case to be transferred from such High Court to another High Court and
tried by the latter High Court, in accordance with law.
135. Not to be engaged in practice of law: No Chief Justice or Judge of the
Supreme Court may, after retirement from service, be engaged in the
practice of law, mediation or arbitration proceedings before any office or
court.
136. Responsibility of Chief Justice: The Chief Justice shall have the
ultimate responsibility to make effective the administration of justice by
the Supreme Court, subordinate courts, specialized courts or other
judicial bodies.
137. Formation of Constitutional Bench:
(1) There shall be a Constitutional Bench in the Supreme Court. The
Constitutional Bench shall consist of the Chief Justice and other four
Judges designated by the Chief Justice on recommendation of the Judicial
Council.
(2) The Bench under clause (1) shall originally try and settle the following
cases, in addition to the petitions filed in accordance with clause (1) of
Article 133:
(a) Disputes relating to jurisdiction between the Federation and a State,
between States, between a State and a Local level and between Local
levels,
(b) Disputes relating to election to members of the Federal Parliament or
State Assembly and matters relating to disqualification of a member of
the Federal Parliament or of the State Assembly.
(3) Notwithstanding anything contained in Article 133, if it appears that
any case sub judice in the Supreme Court involves a question of serious
constitutional interpretation, the Chief Justice may appoint such case to
be tried by the Bench under clause (1).
(4) Other provisions relating to the functioning of the Constitutional
Bench shall be as determined by the Supreme Court.
138. Annual report:
(1) The Supreme Court, Judicial Council and Judicial Service Commission
shall, every year, submit annual reports to the President, and the
President shall submit such reports to the Federal Parliament through the
Prime Minister.
(2) If the Federal Parliament, upon deliberating on the annual reports
submitted under clause (1), deems it necessary to give any suggestion, it
may give such suggestion to the concerned body through the
Government of Nepal, Ministry of Law and Justice. (3) Other provisions
relating to annual reports under clause (1) shall be as provided for in the
Federal law.
139.
High Courts:
(1) There shall be a High Court in each State.
(2) If anyone makes obstruction in the dispensation of justice by, or
disregard any order or judgment handed down by, it or any of its
subordinate courts or judicial bodies, the High Court may initiate
proceedings on and impose punishment for contempt, as provided for in
the Federal law.
(3) Each High Court shall consist of such number of Judges, in addition to
the Chief Judge, as provided for in the Federal law.
140. Appointment and qualification of Chief Judge and Judges of High
Court:
(1) The Chief Justice shall, on recommendation of the Judicial Council,
appoint the Chief Judge and Judges of the High Court.
(2) Any citizen of Nepal who has obtained a bachelor's degree in law and
served as a Judge of a District Court for at least five years or who has
obtained a bachelor's degree in law and constantly practiced law as a
senior advocate or advocate for at least ten years or who has constantly
been engaged in the teaching or research of law or in any other field
relation to law or justice for at least ten years or who has served in the
post of at least Gazetted first class of the Judicial Service for at least five
years shall be deemed qualified for appointment as the Chief Judge or a
Judge of the High Court.
(3) Appointments to the Chief Judge and Judges of a High Court shall be
made from amongst the persons who have possessed the qualification
under clause (2) on the basis of the proportion of cases settled by him or
her annually and of evaluation of cases upheld, quashed or reversed by
superior courts in the course of final decision thereof, in the case of a
District Judge, and of his or her seniority, qualification and evaluation of
standard of performance of business, in the case of a person who has
served in the post of at least Gazetted first class of the Judicial Service,
and of evaluation of seniority, professional continuity, honesty,
professional conduct and contribution made to the field of law and
justice, in the case of others.
(4) If the office of the Chief Judge falls vacant or the Chief Judge is
otherwise unable to carry out the duties of his or her office or cannot be
present in the High Court by reason of a leave of absence or his or her
being outside of the State, the senior-most Judge of the High Court shall
act as the Acting Chief Judge.
141. Conditions of service and facilities of Chief Judge and Judges: (1)
Except as otherwise provided in this Constitution, the remuneration and
other conditions of service of the Chief Judge and Judges of the High
Court shall be provided for in the Federal law.
(2) Notwithstanding anything contained in clause (1), the Chief Judge or a
Judge of a High Court who has been removed from office upon action by
the Judicial Council or upon punishment by a court for a criminal offence
involving moral turpitude shall not be entitled to gratuity or pension.
Provided that this provision shall not apply in cases where the Judicial
Council has removed him or her from office on the ground of inability to
perform the duties of his or her office because of physical or mental
illness.
(3) The remuneration and other conditions of service of the Chief Judge
or a Judge of the High Court shall not be altered to his or her
disadvantage.
Provided that this provision shall not apply in cases where a state of
emergency is declared because of extreme economic disarrays.
142. Vacation of office of Chief Judge or Judge:
(1) The office of Chief Judge or Judge of a High Court shall be vacant in
any of the following circumstances:
(a) if he or she tenders resignation in writing before the Chief Justice,
(b) if he or she attains the age of sixty-three years,
(c) if he or she is removed from office by the Chief Justice on
recommendation of the Judicial Council, on the ground of his or her
incompetence, bad conduct, failure to perform his or her duties honestly,
performance of business with mala fide intention or serious violation by
him or her of the code of conduct required to be observed by him or her,
(d) if he or she is removed from office by the Chief Justice on
recommendation of the Judicial Council on the ground that he or she is
unable to discharge his or her duties because of physical or mental illness,
(e) if he or she is punished by a court for a criminal offence involving
moral turpitude,
(f) if he or she dies.
(2) A Judge who is facing a charge shall be provided with a reasonable
opportunity to defend himself or herself prior to removing him or her
from the office under sub-clause (3) of clause (1). The Judge against
whom the proceedings have been so instituted shall not be allowed to
perform the duties of his or her office until the proceedings are
completed.
(3) Nothing shall bar the institution of action in accordance with the
Federal law against the Chief Judge or Judge who has been removed from
office for an offence which he or she has committed while in office.
143. Chief Judge and Judges not to be engaged in any other office and
provisions relating to transfer : (1) No Chief Judge or Judge of a High
Court shall be engaged in or deputed to any office other than that of
Judge.
Provided that the Government of Nepal may, in consultation with the
Judicial Council, depute a Judge of the High Court to work concerning
judicial inquiry, or to legal or judicial investigation or research or to any
business of national concern for any specific period.
(2) The Chief Justice may, on recommendation of the Judicial Council,
transfer a Judge of a High Court to another High Court.
144. Jurisdiction of High Court: (1) The High Court shall have the power to
issue necessary and appropriate orders, for the enforcement of the
fundamental rights conferred by this Constitution or for the enforcement
of any other legal right for which no other remedy has been provided or
for which the remedy even though provided appears to be inadequate or
ineffective or for the settlement of any legal question involved in any
dispute of public interest or concern,
(2) For the purposes of clause (1), the High Court may issue appropriate
orders and writs including the writs of habeas corpus, mandamus,
certiorari, prohibition and quo warranto.
Provided that except on the ground of absence of jurisdiction, the High
Court shall not under this clause interfere with any internal proceedings
of the Federal Parliament or State Assembly, and with any proceedings
instituted by the Federal Parliament or State Assembly concerning
violation of its privileges and penalties imposed therefor.
(3) The High Court shall, in accordance with the Federal law, have the
power to originally try and settle cases, hear appeals and test judgments
referred for confirmation.
(4) Other powers and procedures of the High Court shall be as provided
by the Federal law.
145. Power to transfer cases:
(1) If a High Court is of the opinion that a case which is sub judice in a
subordinate court within its jurisdiction involves a question relating to a
State law and it is essential to settle that question in order to decide the
case, the High Court may procure the case and dispose the case wholly or
decide only such question and remand the case to the court of first
instance.
(2) If it is satisfied with the reason that there exists a situation where
judicial impartiality can be questioned if a case filed in a District Court is
tried by that Court, the High Court may, for reasons and grounds to be
recorded, order such case to be transferred from such District Court to
another District Court under its jurisdiction and tried by the latter District
Court, as provided for in the Federal law.
146. To be engaged in practice of law: A person who has retired from the
office of a Judge of a High Court may be engaged in the practice of law
before the Supreme Court and a High Court, other than the High Court
where he or she has served as a Judge and a subordinate court.
147. Responsibility of Chief Judge: The Chief Judge shall have the ultimate
responsibility to make effective the administration of justice by the High
Court and the Courts or other judicial bodies which are subordinate to it.
For that purpose, the Chief Judge may, subject to this Constitution and
the Federal law, give necessary direction to the subordinate Courts and
judicial bodies.
148. District Courts: (1) There shall be a District Court in each District.
(2) The Local level judicial bodies established in accordance with the State
law shall be subordinate to the District Court. The District Court may
inspect as well as supervise and give necessary direction to its
subordinate judicial bodies.
149. Appointment, qualification, remuneration and other conditions of
service of Judges of District Courts: (1) The Chief Justice shall, on
recommendation of the Judicial Council, appoint Judges of the District
Courts.
(2) The vacant posts of Judges of the District Court shall be filled as
follows:
(a) twenty percent of the vacant posts, on the basis of evaluation of
seniority, qualification and competency, from amongst the officers who
have obtained bachelor's degree in law and served for at least three years
in the post of Gazetted Second Class of the Judicial Service,
(b) forty percent of the vacant posts, on the basis of open competitive
examination, from amongst the officers who have obtained bachelor's
degree in law and served for at least three years in the post of Gazetted
Second Class of the Judicial Service,
(c) the remaining forty percent of the vacant posts, on the basis of open
competitive examination, from amongst the citizens of Nepal who, having
obtained bachelor's degree in law, have constantly practiced law for at
least eight years as an advocate or who, having obtained bachelor's
degree in law, have served in a Gazetted post of the Judicial Service for at
least eight years or have constantly been engaged in the teaching or
research of law or served in any other field of law or justice for at least
eight years.
(3) The Judicial Service Commission shall, in accordance with the Federal
law, hold written and oral competitive examinations for the persons who
have possessed the qualification under sub-clauses (b) and (c) of clause
(2), and make recommendation, in order of merit, to the Judicial Council
for appointment as District Judges.
(4) The remuneration and other conditions of service of the Judges of the
District Court shall be provided for in the Federal law.
(5) The remuneration and other conditions of service of a Judge of the
District Court shall not be altered to his or her disadvantage.
Provided that this provision shall not apply in cases where a state of
emergency is declared because of extreme economic disarrays.
(6) The office of a Judge of the District Court shall be vacant in any of the
following circumstances:
(a) if he or she tenders resignation in writing before the Chief Justice,
(b) if he or she attains the age of sixty-three years,
(c) if he or she is removed from office by the Chief Justice on
recommendation of the Judicial Council, on the ground of his or her
incompetence, misconduct, failure to perform his or her duties honestly,
performance of business with mala fide intention or serious violation by
him or her of the code of conduct required to be observed by him or her,
(d) if he or she is removed from office by the Chief Justice on
recommendation of the Judicial Council on the ground that he or she is
unable to continue service and discharge his or her duties because of
physical or mental illness,
(e) if he or she is punished by a court for a criminal offence involving
moral turpitude,
(f) if he or she dies.
(7) A District Judge who is accused shall be given a reasonable
opportunity to defend himself or herself before removing him or her from
office under sub-clause (c) of clause (6). The District Judge against whom
the proceedings are so initiated shall not perform the duties of his or her
office until the proceedings are completed.
(8) Nothing shall prevent the instituting of action, in accordance with the
Federal law, against a District Judge who is removed from office for an
offence which he or she has committed while in office.
150. District Judges not to be engaged in any other office and provisions
relating to transfer :
(1) No District Judge shall be engaged in or deputed to any office other
than that of Judge.
Provided that the Government of Nepal may, in consultation with the
Judicial Council, depute a District Judge to work concerning judicial
inquiry, or to legal or judicial investigation or research and to any election
related work, for a specified period.
(2) The Chief Justice may, on recommendation of the Judicial Council,
transfer a District Judge from one District Court to another District Court.
151. Jurisdiction of District Court:
(1) Except as otherwise provided by the Federal law, a District Court shall
have the power to originally try and settle all cases under its jurisdiction,
to try petitions under law, including petitions of habeas corpus and
prohibition, hear appeals under law from decisions made by quasijudicial
bodies, hear appeals from decisions made by Local level judicial bodies
formed under the State law, institute contempt proceedings and punish
for contempt under the Federal law if anyone makes obstruction in the
dispensation of justice by, or disregards any order or judgment by, it or
any of its subordinate courts.
(2) Other provisions relating to the jurisdiction and procedures of the
District Courts shall be as provided for in the Federal law.
152. Specialized courts:
(1) Other specialized courts, judicial bodies or tribunals may be formed to
try and settle specific types and nature of cases other than those
mentioned in Article 127, as provided for in the Federal law.
Provided that no specialized court, judicial body or tribunal shall be
formed for any specific case.
(2) No criminal offence involving imprisonment for a term of more than
one year shall fall under the jurisdiction of a body other than a court,
specialized court, military court or judicial body.
153. Judicial Council:
(1)There shall be a Judicial Council to make recommendation or give
advice, in accordance with this Constitution, on the appointment of,
transfer of, disciplinary action against, and dismissal of, Judges, and other
matters relating to the administration of justice, which shall consist of the
following as its chairperson and members:
(a) The Chief Justice – Chairperson
(b) The Federal Minister for Law and Justice – Member
(c) The senior-most Judge of the Supreme Court - Member
(d) One jurist nominated by the President on recommendation of the
Prime Minister – Member
(e) A senior advocate or advocate who has gained at least twenty years
of experience, to be appointed by the President on recommendation of
the Nepal Bar Association - Member
(2) The term of office of the members under sub-clauses (d) and (e) of
clause (1) shall be four years, and their remuneration and facilities shall
be equivalent to those of a Judge of the Supreme Court.
(3) The members under sub-clauses (d) and (e) of clause (1) shall be
removed from office in the same manner and on the same grounds as a
Judge of the Supreme Court.
(4) The chairperson and a member of the Judicial Council may study the
case associated with a complaint filed in respect of any Judge, and make a
report thereof to the Judicial Council.
(5) If a preliminary inquiry of a complaint filed in respect of any Judge
reveals a need to have a detailed inquiry by an expert, the Judicial Council
may form an inquiry committee.
(6) If a Judge, other than a Judge who can be removed from office by way
of impeachment in accordance with this Constitution, commits an abuse
of authority by way of corruption, the Judicial Council may investigate
into the matter and institute a case in accordance with law.
(7) The Judicial Council must prepare updated records of the persons who
are qualified for appointment to offices of the Chief Justice, Judges of the
Supreme Court, Chief Judges and Judges of the High Courts.
(8) Other functions, duties and powers of the Judicial Council shall be as
provided for in the Federal law
154. Judicial Service Commission: (1) In appointing, transferring or
promoting gazetted officers of the Federal Judicial Service or taking
departmental action concerning such officers in accordance with law, the
Government of Nepal shall act on recommendation of the Judicial Service
Commission.
Provided that in making new permanent appointments to gazetted posts
of the Federal Judicial Service from persons who are not already in the
Federal Government Service or making promotions from non-gazetted
posts of the Federal Judicial Service to gazetted ones of that Service, the
Government of Nepal shall act on the recommendation of the Public
Service Commission.
Explanation: For the purposes of this Article, the Public Service
Commission shall hold open and internal competitive examinations to be
held for appointments to Gazetted posts of the Federal Judicial Service.
(2) The Judicial Service Commission shall consist of the following as its
chairperson and members:
(a) The Chief Justice - Chairperson
(b) The Federal Minister for Law and Justice – Member
(c) The seniormost Judge of the Supreme Court - Member
(d) The Chairperson of the Public Service Commission - Member
(e) The Attorney General – Member
(3) Other functions, duties, powers and procedures of the Judicial Service
Commission shall be as provided for in the Federal law.
155. Provisions relating to conditions of service and facilities: Provisions
relating to the remuneration, facilities and conditions of service of the
employees of the Federal Judicial Service shall be as provided for in the
Federal Act.
156. Provisions relating to State Judicial Service Commission: Provisions
relating to the formation of a State Judicial Service Commission and the
remuneration, facilities and conditions of service of the employees of a
State Judicial Service shall be as provided for in the Federal law.
Part- 12 Attorney General
157. Attorney General:
(1) There shall be an Attorney General of Nepal.
(2) The President shall, on recommendation of the Prime Minister,
appoint the Attorney General. The Attorney General shall hold office
during the pleasure of the Prime Minister.
(3) A person who is qualified to be appointed as a Judge of the Supreme
Court shall be eligible to be appointed as the Attorney General.
(4) The office of the Attorney General shall be vacant in any of the
following circumstances: (a) if he or she tenders resignation in writing to
the President through the Prime Minister, (b) if he or she is removed from
office by the President on recommendation of the Prime Minister, (c) if he
or she dies.
(5) The remuneration and other facilities of the Attorney General shall be
similar to those of a Judge of the Supreme Court. Other conditions of
service of the Attorney General shall be in accordance with law. 158.
Functions, duties and powers of Attorney General:
(1) The Attorney General shall be the chief legal advisor to the
Government of Nepal. It shall be the duty of the Attorney General to give
opinions and advices on constitutional and legal matters to the
Government of Nepal and such other authorities as the Government of
Nepal may specify.
(2) The Attorney General or government attorneys subordinate to him or
her shall represent the Government of Nepal in lawsuits wherein the
rights, interests or concerns of the Government of Nepal are involved.
Except as provided otherwise in this Constitution, the Attorney General
shall have the right to make a final decision as to whether to institute any
case on behalf of the Government of Nepal in any court, judicial body or
authority.
(3) Opinion of the Attorney General must be obtained for withdrawing a
case filed on behalf of the Government of Nepal.
(4) The Attorney General may, upon invitation by the Federal Parliament
or any of its committees, to appear and express his or her opinion on any
legal question in such a meeting.
(5) In the course of discharging the duties of his or her office, the
Attorney General shall have the right to appear in any Court, office and
authority of Nepal.
(6) The Attorney General shall, in the course of performing his or her
duties, have the power to carry out the following acts, in addition to that
set forth in clause (2): (a) to defend, on behalf of the Government of
Nepal, any lawsuit in which the Government of Nepal is a plaintiff or a
defendant, (b) to monitor, or cause to be monitored, whether any
interpretation given to a law or any legal principle laid down by the
Supreme Court in the course of hearing of lawsuits has been
implemented, (c) if a complaint is made alleging that any person held in
custody has not been treated humanely subject to this Constitution or
such person has not been allowed to meet his or her relative or through
his or her legal practitioner or if information of such matter is received, to
inquire thereinto and give necessary directive to the concerned authority
to prevent such act.
(7) The Attorney General may so delegate his or her functions, duties and
powers under this Article to his or her subordinate government attorneys
as to be exercised and complied with subject to the specified conditions.
(8) In addition to the functions, duties and powers mentioned in this
Article, other functions, duties and powers of the Attorney General shall
be pursuant to this Constitution and the Federal law.
159. Annual report: (1) The Attorney General shall, every year, submit to
the President an annual report on the works which he or she has
performed pursuant to this Constitution and the Federal law, and the
President shall cause such report to be laid before the Federal Parliament
through the Prime Minister. (2) The annual report to be submitted
pursuant to clause (1) shall set out, inter alia, the number of advices and
opinions on constitutional and legal matters rendered by him or her
throughout the year, and short description of such advices and opinions,
details of cases instituted as state cases, details of defence made in
lawsuits in which the Government of Nepal is a plaintiff or defendant,
details of reforms to be made in the future in relation to cases to be
instituted as state cases and information relating to crime trends.
160. Chief Attorney: (1) There shall be a Chief Attorney in every State,
who shall be subordinate to the Attorney General. (2) The Chief of State
shall, on recommendation of the concerned Chief Minister, appoint the
Chief Attorney. The Chief Attorney shall hold office during the pleasure of
the Chief Minister. (3) A person who is qualified to be appointed as a
Judge of High Court shall be eligible to be appointed as the Chief
Attorney. (4) The office of the Chief Attorney shall be vacant in any of the
following circumstances:
(a) if he or she tenders resignation in writing to the Chief of State through
the Chief Minister,
(b) if he or she is removed from office by the Chief of State on
recommendation of the Chief Minister, (c) if he or she dies.
(5) The Chief Attorney shall be the chief legal advisor to the State
Government. It shall be the duty of the Chief Attorney to give opinions
and advices on constitutional and legal matters to the State Government
and such other authorities as the State Government may specify. (6) The
Office of Attorney General shall manage the employees under the Office
of Chief Attorney. (7) The remuneration and other facilities of the Chief
Attorney shall be similar to those of a Judge of High Court. The functions,
duties and powers and other conditions of service of the Chief Attorney
shall be as provided for in the State law.
161. Provisions relating to conditions of service and facilities: Provisions
relating to the remuneration, facilities and conditions of service of the
government attorneys and other employees under the Attorney General
shall be as provided for in the Federal Act.
………………
Apuro ……
……………. 1.Rukum (Western Part) 2. Salyan 3. Dolpa 4. Jumla 5. Mugu 6. Humla 7.
Kalikot 8. Jajarkot 9. Dailekh 10. Surkhet
Schedule-4
State No. 7
(Relating to clause (3) of Article 56) States, and Districts to be included in
the concerned States 1.Bajura 2.Bajhang 3. Doti 4. Achham 5. Darchula 6. Baitadi 7. Dadeldhura
8. Kanchanpur 9. Kailali
State No. 1

1. Taplejung 2. Panchthar 3. Ilam 4. Sankhuwasabha 5. Tehrathum 6. NOTE: Some the necessary acts are
Dhankuta 7. Bhojpur 8. Khotang 9. Solukhumbu 10. Okhaldhunga 11.
Udayapur 12. Jhapa 13. Morang 14. Sunsari
presented for the study.
State No. 2 1. Study and write comment Environment
1. Saptari 2. Siraha 3. Dhanusa 4. Mahottari 5. Sarlahi 6. Rautahat 7. Bara Protection Act, 2053 (1996).
8. Parsa

State No. 3 Study the acts and comment them:

1. Dolakha 2. Ramechhap 3. Sindhuli 4. Kavrepalanchok 5. Sindhupalchok I. Envirinment protection act, 2053 B.S.
6. Rasuwa 7.Nuwakot 8. Dhading 9. Chitwan 10. Makawanpur 11.
Bhaktapur 12. Lalitpur 13. Kathmandu (1997A.D.)
State No. 4 Protection of Environment Act 2053 B.S.
1. Gorkha 2. Lamjung 3. Tanahun 4. Kaski 5. Manang 6. Mustang 7. Parbat
8. Syangja 9. Myagdi 10. Baglung 11.Nawalparasi (East of Bardaghat
(1997)
Susta) The Following Act issued by His Majesty the King Birendra Bir Bikram Shah
Dev has been published for the information of the public general.
State No. 5
Act No. 24 of the Year 2053 (1997)
1. Nawalparasi (West of Bardaghat Susta 2. Rupandehi 3. Kapilbastu 4.
Palpa 5. Arghakhanchi 6. Gulmi 7.Rukun (Eastern Part) 8. Rolpa 9. Pyuthan An Act Made to Provide for the Protection of Environment
10. Daang 11. Banke 12. Bardiya
Preamble:
State No. 6
 Whereas, it is expedient to make legal provisions in order to maintain
clean and healthy environment by minimizing, as far as possible, adverse
impacts likely to be caused from environmental degradation on human
beings wildlife, plants, nature and physical objects, and to project
environment with proper use and management of natural resources,
taking into consideration that sustainable development could be achieved
from the inseparable inter-relationship between the economic
development and environment protection:
Now; therefore, Parliament has made this Act in the twenty fifth year of
the reign of His Majesty King Birendra Bir Bikram Shah Dev.
1. Short Title and Commencement
1. There may be cited as (the) "Environment Protection Act, 2053 (1997)
2. This Act shall commence on such date as His Majesty's government
may, by a notification in the Nepal Gazette, appoint.
2. Definitions: Unless the subject or context otherwise
requires, in this Act: 1. "Environment" means the interaction and inter-
relationship among the components of natural, cultural and social
systems, economic and human activities and their components
2. "Pollution" means the activities that significantly degrade, damage the
environment or harm on the beneficial or useful purpose of the
environment, by changing the environment directly or indirectly.
3. "Protection" means the safety, care, maintenance, promotion,
management and proper utilization of the environment and national
heritage.
4. "Proposal" means a proposal prepared in regard to the carrying out of
such development work, physical activity that may bring about change in
the existing environmental conditions or any plan, project or programme
which changes the land use.
5. "Proponent" means a person, governmental, semi-governmental or
non-governmental agency or institution applying for approval of a
proposal and getting approval for the implementation of such a proposal.
6. "Initial Environmental Examination" means a report on analytical study
or evaluation to be prepared to ascertain as to whether, in implementing
a proposal, the proposal does have significant adverse impacts on the
environment or not, whether such impacts could be avoided or mitigated
by any means or not.
7. "Environmental Impact Assessment" means a report on detailed study
and evaluation to be prepared to ascertain as to whether, in
implementing a proposal, the proposal doe shave significant adverse
impacts on the environment or not, whether such impacts could be
avoided or mitigated by any means or not.
8. "Wastes" means the liquid, solid, gas, slurry, smoke, dust, radiated
element or substance or similar other materials disposed in a manner to
degrade the environment.
9. "Disposal" means the act of emission, storage, or disposal of sound,
heat or wastes.
10. "Biological Diversity" means ecosystem diversity, species diversity and
genetic diversity.
11. "National Heritage" means any such object, site, plant and animal
related with the environment available within the Kingdom of Nepal as is
likely to be important to the human being from natural, cultural,
historical, archaeological, scientific, spiritual, aesthetic or social point of
view.
12 "Ministry" means the Ministry of Population and Environment of His
Majesty's Government.
13. "Prescribed" or "As Prescribed" means prescribed or as prescribed in
the Rules framed under this Act.
3. To Carry Out Initial Environmental
Examination or Environmental
Impact Assessment: A proponent shall have to carry
out Initial Environmental Examination and Environmental Impact
Assessment of the Proposals as prescribed.
4. Prohibition on Implementation of
Proposal Without Approval:
Upon the commencement of this Act, No one shall implement or cause to
be implemented a prescribed proposal without getting it approved from
the concerned agency or the Ministry.
5. To submit Proposal for Approval:
A proponent who is desirous of implementing any proposal shall have to
submit such a proposal, accompanied by the report on Initial
Environmental Examination or Environmental Impact Assessment of the
proposal, to the concerned agency for the approval of such a proposal.
6. Approval for Implementation of a
Proposal May be Given:
1. On receipt of any proposal pursuant to Section 5, and while examining
the Initial Environmental Examination or Environmental Impact
Assessment report submitted with a proposal, if such a proposal does not
appear to have significant adverse impacts on the environment, the
concerned agency shall itself grant approval in respect of the proposal
with the Initial Environmental Examination and shall forward the proposal
along with its opinion thereon to the Ministry, in respect of the
Environmental Impact Assessment report.
2. Notwithstanding anything contained in sub-section (1), in case, while
examining the Initial Environmental Examination report of the proposal, it
is found necessary also to carry out Environmental Impact Assessment of
such a proposal, the concerned agency may issue order to carry out
Environmental Impact Assessment of proposal. In case any proponent,
after having assessed environmental impacts pursuant to the order so
issued by the concerned agency, submits and Environmental Impact
Assessment report for approval, the concerned agency shall carry out
necessary examination of such a proposal and forward the proposal along
with its opinion to the Ministry.
3. In the event of receipt of the Environmental impact Assessment report
with any proposal pursuant to sub-section (1) or (2) the Ministry shall
arrange so that all the general public may copy the report, by oneself, to
render opinions and suggestions on the report.
4. The Ministry may form a committee comprising also of experts of the
concerned agencies to render opinions and suggestions on the
Environmental impact Assessment report received along with the
proposal pursuant to sub-section (1) and (2).
5. If on the basis of opinions and suggestions, if any, rendered by the
general public and also opinions and suggestions rendered by the
Committee, if any, formed pursuant to sub-section (4), on the
Environmental Impact Assessment report received pursuant to sub-
section (1) or (2), it does not appear that such a proposal may have
significant adverse impacts on the environment, the Ministry shall grant
approval to the proponent to implement such a proposal.
6. Notwithstanding anything contained in sub-section (1) or (5), in case it
appears from the Initial Environmental Examination or Environmental
Impact Assessment report that significant adverse impacts to be caused
on the environment while implementing the proposal can be mitigated or
controlled, the concerned agency or Ministry may grand approval, with
prescription of necessary terms, to the proponent to implement the
proposal.
7. The period within which approval is to be granted to implement the
Initial Environmental Examination of the proposal and the Environmental
Impact Assessment report and other provisions thereon shall be as
prescribed.
7. Prevention and Control of
Pollution:
1. Nobody shall create pollution in such a manner as to cause significant
adverse impacts on the environment or likely to be hazardous to public
life and people's health, or dispose or cause to be disposed sound, heat,
radioactive rays and wastes from any mechanical devises, industrial
enterprises, or other places contrary to the prescribed standards.
2. If it appears that anyone has carried out any act contrary to sub-section
(1) and caused significant adverse impacts on the environment, the
concerned agency may prescribe necessary terms in regard thereto or
may prohibit the carrying out of such an act.
3. If it appears that the use of any types of substance, fuel tools or device
has caused or is likely to cause significant adverse impacts on the
environment, the Ministry may by a notification in the Nepal Gazette,
forbid the use of such substance, fuel, tools or device.
4. Other provisions relating to the prevention and control of pollution
shall be as prescribed.
8. Environmental Inspector:
1. In order to effectively carry out or cause to be carried out the acts of
the mitigation, avoidance or control of pollution or the acts required to be
carried out in accordance with the Initial Environmental Examination or
the Environmental Impact Assessment report, the Ministry may, by
fulfilling the procedures prescribed by the Public Service Commission,
appoint Environmental Inspectors or designate any employee to carry out
functions of such Inspectors. The qualifications for the Environmental
Inspectors shall be as prescribed.
2. The functions, duties and powers of the Environmental Inspector shall
be as follows:
1. To inspect as to whether or not the acts of mitigation, avoidance or
control of pollution have been carried out in accordance with this Act or
the Rules framed under this Act,
2. To inspect as to whether or not sound, heat or wastes have been 7. Other functions, duties and powers of the Environmental Inspector
disposed or emitted from any place contrary to this Act or the Rules shall be as prescribed.
framed under this Act,

3. To examine and inspect as to whether or not the acts have been carried 9. Protection of National Heritage:
out in accordance with the terms prescribed while granting approval to
1. It shall be the duty of the concerned agency to protect National
implement a proposal.
Heritage
4. To submit to the prescribed authority a report of the matters found
2. For the purpose of the protection of National Heritage, the concerned
while inspecting pursuant to clauses (a), (b) and (c)
agency shall be required to prepare and maintain an inventory and such
3. In the course of inspection pursuant to clauses (a), (b) and (c) or sub- an inventory shall also include the objects or places listed in the World
section (2), the Environmental Inspector may, by giving a prior notice to Heritage List available within the Kingdom of Nepal.
the concerned person, organisation or proponent, inspect, examine or
3. The objects, places, plants, animals etc, included in the inventory
investigate any house, land, building, factory, industry, vehicle, industrial
referred to in subsection (2) shall be protected as prescribed.
device, tools, machinery, animal, object, records, document or other
materials or goods.

4. The concerned person, organisation or proponent shall render

10. Environment Protection Areas:
necessary assistance to the Environmental Inspector in the course of 1. His Majesty's Government may be a notification in the Nepal Gazette
inspection pursuant to sub-section (2) or (3). maintain any place within the Kingdom of Nepal containing natural
heritage or aesthetic, rare wildlife, biological diversity, plant, and places
5. In case the concerned person or organisation does not allow
of historical and cultural importance, which are considered extremely
inspecting while on inspection pursuant to sub-section (2) or (3), or
important from viewpoint of environment protection, as an Environment
inhibits on the works while doing inspection, the Environmental Inspector
Protection Area.
may impose a fine of up to five thousand rupees on such person or
organisation. 2. The performance of any act as prescribed may be prohibited in the
Environment Protection Area maintained pursuant to sub-section (1).
6. One who is not satisfied with the punishment awarded by the
Environmental Inspector pursuant to sub-section (5) may file a complaint
with the prescribed authority, and the decision made by the prescribed 11. Establishment of a Laboratory:
authority on such a complaint shall be final.
1. His Majesty's Government may establish different laboratories as
required or may prescribe any existing laboratory to help the act relative
to environment protection and pollution control.
2. Other functions, duties and powers of the laboratory established or
prescribed pursuant to sub-section (1) shall be as prescribed.
12. To Allow Collection of Samples:
In order to study, examine or analyze the pollution, sound, heat and
wastes to be or likely to be generated from any industry, factory,
machine, vehicle etc., the concerned person, organisation or proponent
shall be required to allow the person or institution authorized from the
concerned agency to collect samples of such objects or substances, as per
necessity.
13. Establishment and Operation of
Environment Protection Fund:
1. Fund named Environment Protection Fund shall be established for the
protection of environment, prevention and control of pollution and
protection of the National Heritage.
2. The following amounts shall be deposited in the Fund referred to in
sub-section (1):
3. Amount received from His Majesty's government Amount received from
foreign governments or international organisations Amount received from
other sources.
4. The operation of the Environment Protection Fund Shall be as
prescribed.
5. The fund shall be audited by the Auditor General.
14. Power to constitute Environment
Protection Council:
His Majesty's Government may, to provide policy guidance and
suggestions to His Majesty's Government with regard to environment
protection, and also to have coordination among different agencies,
constitute and Environment Protection Council comprising of
environmental experts and representation of the persons from recognized
political parties at national level as well.
15. Concession and Facility May be
Provided:
In addition to the concessions and facilities provided under the prevailing
law. His Majesty's Government may, to encourage any industry,
enterprise, technology or process which causes positive impacts on
environment protection, by publishing a notification in the Nepal Gazette,
provide additional concessions and facilities as prescribed.
16. Committee May be Formed:
1. In order to accomplish the objectives of this Act, the Ministry may form
different committees consisting also of experts in the relevant subjects.
2. The functions, duties and powers of the committees formed pursuant to
sub-section (1) shall be as prescribed by the Ministry.
17. Compensation May be Given:
1. In case, in consequence of the creation or disposal of pollution, sound,
heat or wastes by anybody contrary to this act or rules or guidelines
framed hereunder any person or organisation happens to suffer any loss
or damage., the person or organisation affected from such actions may, if
he desires to have compensation recovered from the person or institution
or proponent doing such act, make an application to the prescribed
authority setting out the details thereof.
2. In case any application is filed pursuant to sub-section (1), and while
doing examination by the prescribed authority of the application and the
state of situation of that place as well, if it is proved that the pollution,
sound, heat or wastes produced or disposed by any person, organisation
or proponent has caused adverse impacts on, and resulted in any loss or
damage to any person or organisation.
18. Punishment:
1. In case any person carries out any act without getting a proposal
approved under Section 6 or any act contrary to the approved proposal,
the prescribed authority may close down such act immediately, and if any
person or organisation has done such act, may according to the degree of
offence punish him with a fine up to one hundred thousand rupees.
2. In case any person commits any other acts under this Act or the Rules
or guidelines framed hereunder, the prescribed authority may require to
close down such act immediately, and if any person or organisation has
don such act, punish him, according to the degree of the offence, with a
fine up to fifty thousand rupees.
19. Appeal:
A person who is not satisfied with the decision or order made by the
prescribed authority may appeal to the concerned Appellate Court within
thirty five days from the date of the decision or order.
20. Procedures to be followed:
The prescribed authority shall, while carrying out any act or action
referred to in this Act, follow the procedures as prescribed.
21. Delegation of Power:
The Ministry may, as per necessity, delegate any of the powers conferred
on it pursuant to this Act to any agency of His Majesty's Government, the
Environmental Inspector or to any officer employee.
22. This Act to Prevail:
The matters set forth in this Act shall be governed by this Act, and other
matters shall be governed by the prevailing laws.
23. Power to Frame Guidelines:
His Majesty's Government may, subject to this Act or the Rules framed
hereunder, frame and implement necessary guidelines, and it shall be the
duty of all the concerned to abide by such guidelines.
24. Power to Frame Rules:
1. His Majesty's Government may frame necessary Rules for carrying out
the objectives of this Act
2. Without prejudice to the generality of the power conferred by sub-
section (1), it may frame Rules in particular on the following matters.
3. Proposal
4. Conduction of initial Environmental Examination or Environmental
Impact Assessment
5. Sources, standards, prevention and control of pollution
6. Biological diversity and the protection of National Heritage
7. Water, air, noise, soil pollution
8. Management and transportation etc. of wastes,
9. Operation of the Environment Conservation fund, and
10. Other necessary matters.
Date of Royal Seal: 2053/10/17.5 (30 Jan. 1997) By order Suresh Man
Shrestha Secretary to His Majesty's Government
Regulation of above act …?
Study and write!
……………
……………..
……………
II. Envirinment protection act, 2076 B.S.19
(2019 A.D.)
The Environment Protection Act, 2019 (2076)
Date of Authentication 2076.06.24 (11th October, 2019)
Act No. 9 of the year 2019 (2076)
An Act Made to Amend and Consolidate Law Relating to Environment
Preamble:
Whereas, it is expedient to amend and consolidate the prevailing law on
environmental protection in order to protect the fundamental right of
each citizen to live in a clean and healthy environment, provide the victim
with compensation by the polluter for any damage resulting from
environmental pollution or degradation, maintain a proper balance
between environment and development, mitigate adverse environmental
impacts on environment and biodiversity and face the challenges posed
by climate change;
Now, therefore, the Federal Parliament has made this Act.
Chapter-1
Preliminary

1. Short title and commencement:
(1) This Act may be cited as the "Environment Protection Act, 2019 (2076).
(2) This Act shall commence on the eighth day of the date on which it is
authenticated.
2. Definitions: Unless the subject or the context otherwise requires, in this
Act:
(a) “Adaptation” means the prevention or mitigation of further loss and
damage upon projecting potential impacts and risks of climate change.
(b) “Emission” means emission of greenhouse gas or any other gas, smoke
or dust on the environment from any certain area in a certain period.
(c) “Fund” means the environment protection fund referred to in Section
31.
(d) “Climate change” means a gradual change of climate of the earth
which is attributed directly or indirectly to human activity that alters the
composition of the global atmosphere and which is in addition to natural
climate variability observed over comparable time periods.
(e) “Climate change management” means the mitigation or adaptation of
problems arising as a result of climate change, and this term also includes
a totality of acts including policies, strategies, making institutional
mechanisms, provision of finance, capacity building.
(f) “Hazardous substance” means any substance enlisted in the Basel
Convention on the Control of Transboundary Movement of Hazardous
Wastes and Their Disposal, and explosives, inflammable, perpetual and
substances with corrosive properties and substances that are intended to
be in use for the first time upon be processed from raw materials not re-
used which cause adverse impact on the environment.
(g) "Biological diversity" means eco-system diversity, species diversity
and genetic diversity.
(h) “Prescribed” or “as prescribed” means prescribed or as prescribed in
the rules framed under this Act.
(i) “Mitigation” means reduction or prevention of emission of greenhouse
gas as a result of human activity.
(J) "Pollution" means the activities that significantly degrade, damage the
environment or harm the beneficial or useful purpose of the environment,
by changing the environment directly or indirectly as a result of wastes,
chemical, heat, noise, electrical, electro-magnetic wave or radioactive
ray.
(k) "Proposal" means a proposal prepared in regard to the carrying out of
such development work, physical activity that may bring about change in
the existing environmental conditions or any plan, project or programme
which changes the land use.
(l) "Proponent" means a person or governmental, semi-governmental or
non-governmental agency or institution that makes application for the
approval of a proposal or that has got approval for the implementation of
the proposal.
(m) "Initial environmental examination" means an analytical study or
evaluation to be conducted to ascertain as to whether, in implementing a
proposal, the proposal does have significant adverse impacts on the
environment or not, and with respect to the measures to be adopted for
avoiding or mitigating such impacts by any means.
 (n) “Supplementary environmental impact assessment” means an
environmental impact assessment to be made again vis-à-vis a proposal
submitted in order to make revision partly in physical infrastructure,
design or form, transfer or alter a structure, add a forest area or increase
the project capacity on the environmental impact assessment proposal
which has been already accepted.
(o) “Council” means the national council on environment protection and
climate change management referred to in Section 32.
(p) “Provincial Ministry” means the Ministry of a Provincial Government
responsible for environment related matter.
(q) "Wastes" means the liquid, solid, gas, slurry, smoke, dust, radiated
element or substance or similar other materials disposed in a manner to
degrade the environment.
(r) "Ministry" means the Ministry of Forest and Environment of the
Government of Nepal.
(s) "National heritage" means any such object, physical structure, site,
plant or animal related with the environment available within Nepal as is
likely to be important to the human being from natural, cultural,
historical, archaeological, scientific, spiritual, aesthetic or social point of
view.
(t) "Environment" means the interaction and inter-relationship among the
components of natural, cultural and social systems, economic and human
activities and their components.
(u) “Environmental study report” means a report prepared with respect to
the brief environmental study, initial environmental examination or
environmental impact assessment.
(v) "Environmental impact assessment" means detailed study and
evaluation to be made to ascertain as to whether, in implementing a
proposal, the proposal does have significant adverse impacts on the
environment or not, and as to the measures to be adopted for avoiding or
mitigating such impacts.
(w) “Department” means the Department of Environment under the
Ministry.
(x) “Concerned body” means the body referred to in sub-section (2) of
Section 3 which is responsible for taking action and decision on the
environmental study report.
(y) “Brief environmental study” means a study to be made briefly as to the
measures to be adopted for avoiding or mitigating the adverse effects on
the environment as a result of implementation of any proposal.
(z) “Local Level” means a Rural Municipality or Municipality.
Chapter-2 Environmental Study
3. Environmental study report to be
prepared:
(1) A proponent shall prepare such an environmental study report of such
a proposal as may be prescribed.
(2) The environmental study report prepared pursuant to sub-section (1)
shall, in fulfillment of the process as prescribed, be submitted to the
following body for approval:
(a) To the prescribed body, in the case of a brief environmental study
report or initial environmental examination of a development project with
national priority, a project to be implemented upon its investment being
approved by the Investment Board, a project of national pride, a
development or construction work or project falling under the jurisdiction
of the Federation in accordance with the prevailing, a project requiring
construction work to be done in more than one Provinces or a project
specified by the Government of Nepal, and to the Ministry in the case of
the environmental impact assessment,
(b) To the body prescribed by the concerned Provincial law in the case of a
proposal relating to development, construction work or project pertaining
to a matter falling under the jurisdiction of the Provincial Government,
(c) To the body designated by the concerned local law in the case of a
brief environmental study report or initial environmental examination
report on a proposal relating to development, construction work or
project pertaining to a matter falling under the jurisdiction of the Local
Level, and to such body of the Provincial Government as prescribed by the
Provincial Government in the case of an environmental impact
assessment report.
(3) Notwithstanding anything contained in sub-section (1) or (2), nothing
shall bar the approving of environmental study reports submitted for
approval at the time of commencement of this Act in accordance with the
legal provisions in force at the time of submission of such reports.
(4) Notwithstanding anything contained elsewhere in this Section, there
shall not be required an environmental study report for reconstructing as
such a heritage considered an ancient monument, in accordance with the
law relating to ancient monuments.
(5) In preparing an environmental study report, the proponent shall hold,
as prescribed, a public hearing as to the proposal.
(6) Other provisions relating to the submission of an environmental study
report shall be as prescribed.
(4). Detailed analysis of alternative to be
made:
(1) The proponent shall make detailed analysis of possible adverse effects
on the environment from the implementation of such a proposal and
various alternatives that can be adopted for mitigation such effects, and
recommend the alternative that is appropriate for the implementation of
the proposal and the grounds and reasons why that alternative is
implementable.
(2) In preparing the environmental study report pursuant to sub-section
(1), the proponent shall set out, inter alia, the possible short-term, mid-
term and long-term adverse effects on the environment from the
implementation of the project and the method and process to be adopted
for mitigation thereof.
5. Scoping and work schedule:
(1) Prior to preparing the environmental study report of any proposal
pursuant to this Act, the scope of such a proposal, in the case of a brief
environmental study and initial environmental examination, and scope
and work schedule, in the case of an environmental impact assessment
shall be approved by the concerned body.
(2) Other provisions on the scoping and preparation of the work schedule
referred to sub-section (1) and approval thereof shall be as prescribed.
(6.) Standards and quality to be maintained:
(1) In preparing an environmental study report pursuant to this Act, the
proponent shall so prepare it in the form as prescribed that the standards
and quality determined by the Government of Nepal are maintained.
(2) If the report is submitted contrary to the standards or qualify referred
to in sub-section (1) or without complying with such standards, the
consultant who has prepared such a report shall not be allowed to
prepare an environmental study report for a period not exceeding five
years.
(7). Environmental study report to be
approved:
(1) If an environmental study report prepared in the context of the
implementation of any proposal pursuant to Section 3 is received, the
concerned body shall make necessary inquiry into the report.
(2) The concerned body may form a committee comprising a
representative of that body, representatives of the relevant bodies
concerned with the proposal and subject expert as required, to inquire
into the environmental study report received pursuant to sub-section (1)
and furnish advice and suggestions.
(3) If, in inquiring into the environmental study report received pursuant
to sub-section (1), it appears that further environmental study has to be
made in relation to such a proposal, the concerned body shall give order
to the proponent to make, or cause to be made, the initial environmental
examination in the case of the brief environmental study or the
environmental impact assessment in the case of the brief environmental
study.
(4) The proponent shall make further study in pursuance of the order
given pursuant to sub-section (3) and submit a report thereof to the
concerned body.
(5) If, in making inquiry pursuant to this Section, it does not appear that
the implementation of such a proposal causes significant adverse impacts
on the environment, the concerned body shall approve such
environmental study report, upon specifying the terms and conditions to
be observed by the proponent, as required.
(6) Other provisions relating to the approval of the environmental study
report shall be as prescribed.
(8). Proposal not to be implemented:
No person shall implement, or cause to be implemented, any proposal
without having the environmental study report approved pursuant to this
Act.
(9). Strategic environmental analysis:
(1) Prior to the implementation of such policy, program or project as may
be specified by the Government of Nepal by a notification in the Nepal
Gazette, the strategic environmental analysis shall be carried out in
relation to such a policy, program or project.
(2) Other provisions relating to the strategic environmental analysis shall
be as prescribed.
(10). Environmental management plan:
(1) Prior to the implementation of a proposal, the proponent shall prepare
an environmental management plan as prescribed.
(2) In preparing the environmental management plan pursuant to
subsection (1), the proponent shall set out, inter alia, which of the
measures to mitigate environmental adverse impacts will be adopted in
the course of building the project and which of such measures will be
adopted after the completion, or in the course of implementation, of the
project.
(3) If it does not appear that the measures to mitigate environmental
adverse impacts set out by the proponent in the environmental
management plan pursuant to sub-section (2) are effective, the concerned
body may give necessary direction to adopt other effective measures, and
the concerned proponent shall bear the expenses incurred in the
implementation of the direction so given by the concerned body.
(4) The proponent shall make a clear action plan for the implementation
of environmental management plan prepared pursuant to sub-section (1)
and implement it accordingly, and submit its progress report to the
concerned body in every six months after the commencement of the
project implementation.
(5) In adopting the measures to mitigate environmental adverse impacts
in the course of implementation of the environmental management plan
referred to in sub-section (1), priority shall be given to the operation of
the program through the local community which affected from the
implementation of the proposal.
(11). Supplementary environmental impact
assessment to be made:
(1) If it is required to make some revision in the physical infrastructure,
design or form, transfer or alter the structure of any project of which the
environmental impact assessment report has been approved pursuant to
Section 7, add the forest area or increase the capacity of the project, the
proponent shall make a supplementary environmental impact assessment
in order to ascertain whether the operation of such work causes adverse
impacts on the environment or not, and whether such impacts can be
done away with or mitigated by any means or not.
(2) The proponent shall, in order to make the supplementary
environmental impact assessment pursuant to sub-section (1), make an
application to the concerned body, along with an analysis of the reasons
for making changes in various components of the project and possible
adverse impacts on the environment from such changes, a comparative
table according to environmental indicators and other necessary
justifications. Provided that where the concerned body has given order to
the proponent to submit a supplementary environmental impact
assessment report, the proponent need not make an application.
(3) If the content is found reasonable upon inquiring into the application
received pursuant to sub-section (2), the concerned body may give
permission for a supplementary environmental impact assessment study
as prescribed.
(4) Other provisions relating to the supplementary environmental impact
assessment shall be as prescribed.
(12). To make environmental examination
after commencement of service:
(1) The Ministry or prescribed body shall, not later than six months of the
date of completion of two years of the commencement of production or
distribution of the service or goods or of the implementation of a proposal
requiring the environmental impact assessment pursuant to this Act,
make analysis of the adverse impacts on the environment as a result of
the implementation of such a proposal, measures adopted to mitigate
such impacts, effectiveness of such measures, adverse impacts that could
not be mitigated or occurrence of any unprojected/unforeseen adverse
impacts and maintain undated records of the environmental examination
report.
(2) If the Ministry or prescribed body does not see, upon making
necessary study, in coordination with the concerned body with respect to
the environmental examination report referred to in sub-section (1), that
the measures adopted to mitigate the adverse impacts on the
environment are not adequate, it may give appropriate order to the
proponent to do away with or mitigate such adverse impacts.
(3) It shall be the duty of the proponent to implement the order given by
the Ministry or prescribed body pursuant to sub-section (2).
13. Power to prevent:
(1) If any person executes a project without having the environmental
study report approved pursuant to this Act or contrary to the approved
environmental study report, the concerned body may immediately
prevent the project from being executed.
(2) Where a project is prevented from being executed pursuant to
subsection (1) and such prevention results in any harm to the proponent,
the proponent shall not be allowed to make a claim of compensation for
such harm.
(3) Notwithstanding anything contained in sub-section (1), if the
proponent of the project prevented from being executed gets the
environmental study report to be approved pursuant to this Act or makes
improvement in the project execution in accordance with the approved
environmental study report, the concerned body may release the
prevention made pursuant to sub-section (1).
14. Power of the Government of Nepal or
Provincial Government to make
environmental study:
(1) The Government of Nepal or Provincial Government may, on its own,
map out any area or place and make the environmental study of that
area.
(2) The concerned body shall, on the basis of the descriptions obtained
from the study referred to in sub-section (1) shall prepare descriptions as
to such development, construction works or projects that can be executed
in such area in the future and work that is not appropriate for execution
in such area.
(3) The concerned body shall maintain records of the descriptions
obtained from the study referred to in sub-section (1) and the descriptions
referred to in sub-section (2).
(4) The concerned body shall make public the descriptions referred to in
this Section, and the concerned proponent, body and party concerned
shall act in consistent therewith.
Chapter-3
Control of Pollution
15. Control of pollution:
 (1) The Government of Nepal may, by a notification in the Nepal Gazette,
determine necessary standards for the mitigation or doing away with the
impacts of pollution from any motor vehicle, device, equipment, industrial
enterprise, hotel, restaurant or other place or goods or activity or effects
from the disposal or emission of any hazardous substance.
(2) No person shall create pollution in such a manner as to cause
significant adverse impacts on the public life, public health and
environment or do, or cause to be done, any act contrary to the standards
determined by the Government of Nepal pursuant to sub-section (1).
(3) No person or group that visits a mountain or high hill area for
expedition, trekking, sightseeing or any other purpose shall do, or cause
to be done, any such act that may cause adverse impacts on the
environment by making pollution contrary to the standards determined
by the Government of Nepal.
(4) If it appears that any one has caused adverse impacts on the
environment by doing any act contrary to sub-section (1) or (2), the
Department may give direction to the relevant person, group or
institution to take measures for mitigation of or doing away with
pollution, prescribe necessary terms or prohibit the carrying out of any act
in a manner to cause adverse impacts on the environment.
(5) If it appears that the use of any substance, fuel, tool, machine or
equipment has caused or is likely to cause significant adverse impacts on
the environment, the Department may request the Ministry for necessary
action.
(6) If a request is received from the Department pursuant to sub-section
(5), the Ministry may, in necessary consultation with the concerned body
or other stakeholders, prevent the use of such substance, fuel, tool, device
or equipment or the production, import, sale, distribution or storage of
such materials, and a notice on such prevention shall be published in the
Nepal Gazette.
(7) The Department shall, from time to time, carry out monitoring and
evaluation as to compliance with the standards determined pursuant to
sub-section (1).
(8) Other provisions relating to the control of pollution shall be as
prescribed.
16. Export and import of hazardous
substance:
(1) No hazardous substance of any kind shall be imported into Nepal.
(2) Notwithstanding anything contained in sub-section (1), any such
specific kind of hazardous substance that does not cause significant
adverse impacts on the human health and environment as specified by
the Government of Nepal by a notification in the Nepal Gazette may be
imported.
(3) A producer of a hazardous substance or person or body established
under prevailing law may export hazardous substance by obtaining
permission from the Ministry.
(4) Grounds, criteria for issuance of, and other provisions relating to,
permission to export a hazardous substance pursuant to sub-section (3)
shall be as prescribed.
(5) A hazardous substance imported contrary to this Act shall be sent to
the same country from which it has been imported.
17. Management of a hazardous substance:
(1) The person or body that produces a hazardous substance shall be
responsible for managing such a hazardous substance.
(2) In collecting, storing, processing, selling, distributing, disposing or
transporting a hazardous substance, the concerned person or body shall
make its proper management in a manner not to cause adverse impacts
on the environment. (
3) The concerned person or body shall manage the hazardous substance
pursuant to sub-section (1) at his or her own cost.
18. Power to establish laboratories:
(1) The Government of Nepal or Provincial Government may establish
laboratories, as required, to carry out test or examination relative to
environment protection and pollution control or prescribe any laboratory
recognized by the Government of Nepal to carry out test or examination
relative to environment protection and pollution control.
(2) Provisions relating to the operation and management of the
laboratory established pursuant to sub-section (1) shall be as prescribed.
19. To allow collection of samples:
(1) If the concerned body intends to study, test, examine or analyze the
pollution or wastes to be or likely to be generated from any industry,
factory, mechanical equipment like a machine and motor vehicle, the
concerned owner or relevant person shall allow to collect samples of the
pollution or wastes generated from such industry, factory, mechanical
equipment like a machine and motor vehicle.
(2) Other provisions relating to the collection, study, examination, test or
analysis of samples pursuant to sub-section (1) shall be as prescribed.
20. Power to issue pollution control
certificate:
(1) The Ministry or Provincial Ministry may provide a pollution control
certificate, as prescribed, to any industry that makes a significant
contribution to the control of pollution.
(2) Other provisions relating to the pollution control certificate shall be as
prescribed.
21. Environmental inspector:
(1) The environmental inspector shall carry out monitoring and inspection
as to whether or not acts to be performed in accordance with the
environmental study report approved pursuant to Section 7 have been
performed effectively and standards relating to pollution control and
environmental protection have been complied with.
(2) Notwithstanding anything contained in sub-section (1), in cases where
the environmental inspector is not available, the following body may
designate the following officer or employee as the environmental
inspector and depute such officer or employee for monitoring and
inspection:
(a) The Ministry may designate any officer employee of the Government
of Nepal or Provincial Government, as to whether or not acts to be
performed in accordance with the environmental study report referred to
in clause (a) of sub-section (2) of Section 7 have been performed
effectively and standards relating to pollution control and environmental
protection have been complied with,
 (b) The Provincial Ministry may designate any officer employee of the
Provincial Government, as to whether or not acts to be performed in
accordance with the environmental study report referred to in clause (b)
of sub-section (2) of Section 3 approved pursuant to Section 7 or the
environmental impact assessment report referred to in clause (c) of sub-
section (2) of Section 3 have been performed effectively and standards
relating to pollution control and environmental protection have been
complied with within its Province,
(c) The Local Level may designate any employee of the Local Level, as to
whether or not acts to be performed in accordance with the
environmental study report referred to in clause (c) of sub-section (2) of
Section 3 approved pursuant to Section 7 have been performed effectively
and standards relating to pollution control and environmental protection
have been complied with within its Local Level.
(3) Other provisions relating to the environmental inspector shall be as
prescribed.
22. Functions, duties and powers of the
environmental inspector:
(1) The functions, duties and powers of the environmental inspector shall
be as follows:
(a) To inspect as to whether or not disposal of hazardous substances has
been made or pollution has been caused contrary to this Act or the rules
framed under this Act,
(b) To inspect as to whether or not the acts of mitigation, avoidance or
control of pollution have been carried out in accordance with this Act or
the rules framed under this Act,
(c) To inspect on site as to whether or not work has been performed
consistent with the terms prescribed in the approved environmental study
report while executing the proposal,
(d) To inspect as to where the matters prevented pursuant to Section 13
or 15 have been complied with.
(2) In the course of making inspection pursuant to sub-section (1), the
environmental inspector may, by giving a prior notice to the concerned
person, body or proponent, inspect, examine or investigate any house,
land, building, factory, industry, motor vehicle, industrial device, tools,
machinery, animal, object, records, document or other goods or object.
(3) It shall be the duty of the concerned person, body or proponent to
render assistance to the environmental inspector in the course of
inspection pursuant to this Section, by providing such descriptions or
information as demanded by him or her.
(4) If the concerned person or body does not allow the environmental
inspector to make inspection, while moving on to make inspection
pursuant to this Section, does not provide such descriptions or
information as demanded by him or her, gives false descriptions, creates
let and hinderance or does not assist in the course of inspection, the
environmental inspector may immediately impose the fine as follows on
such a person or body:
(a) A fine of up to twenty thousand rupees in case of disallowing him or
her to make inspection or creation of let and hindrance in inspection,
(b) A fine of up to fifteen thousand rupees in case of failure to provide
such descriptions or information as demanded or of giving false
description in the course of inspection or failure to assist in inspection.
 (5) A party who is not satisfied with a punishment imposed by the
environmental inspector pursuant to sub-section (4) may make a
complaint to the Director General not later than fifteen days of the date
of receipt of information of that punishment.
(6) The environmental inspector shall submit a report of inquiry and
inspection carried out pursuant to this Section to the concerned body and
the Department.
(7) Other functions, duties and powers of the environmental inspector
shall be as prescribed.
Chapter-4
Provisions Relating to Climate Change
23. To provide information:
(1) The Ministry shall carry out study as prescribed, on a periodic basis, as
to the adverse impacts caused by climate change on the local
communities, eco-system and bio-diversity and make public descriptions
thereof.
(2) The Ministry shall, on the basis of the study carried out pursuant to
sub-section (1), and from time to time, make public necessary information
on such measures as to be adopted for the mitigation of adverse impacts
or risks from climate change while formulating development projects to
be executed by the Government of Nepal, Provincial Government and
Local Level.
(3) The Government of Nepal, Provincial Government and Local Level
may, on the basis of the information made public pursuant to sub-section
(2), set the priorities of formulation of development projects.
24. Adaptation plan may be made:
(1) In order to avoid adverse impacts and risks of climate change, the
Ministry, Provincial Ministry and Local Level may make and implement an
adaptation plan at the national, Provincial and Local levels, respectively.
(2) In making the adaptation place referred to in sub-section (1), special
priority shall be accorded to the women, persons with disabilities,
children, senior citizens and economically indigent communities who are
more vulnerable to effects of climate change and the inhabitants of those
geographical areas that have become more vulnerable to climate change.
(3) Local communities may make and implement an adaptation plan at
the local level, and the concerned body shall make necessary assistance
and facilitation in the implementation of such a plan.
25. Power to carry out acts of mitigation:
(1) The Government of Nepal may identify areas emitting green-house
gas and determine their national reference level.
(2) The Ministry shall make periodic monitoring as to the national
reference level determined pursuant to sub-section (1) and make public
the updated information.
(3) The Ministry, Provincial Government and Local Level may launch
necessary programs.
(4) The Ministry may make, or cause to be made, measurement of green-
house gas emission.
(5) Other provisions relating to mitigation shall be as prescribed. 26.
Impacts from climate change and risk management:
(1) The Government of Nepal may, for the purpose of managing adverse
impacts and risks of climate change, issue necessary orders, by a
notification in the Nepal Gazette, as to such measures as to be adopted
for the mitigation of adverse impacts and risks of climate change, in the
sectoral policies, strategies and action plans to be executed by the
Government of Nepal, Provincial Government, Local Level and other
public bodies as well as the private sector.
(2) The Government of Nepal may prescribe priority while issuing any
order pursuant to sub-section (1).
26. Impacts from climate change and risk
management:
(1) The Government of Nepal may, for the purpose of managing adverse
impacts and risks of climate change, issue necessary orders, by a
notification in the Nepal Gazette, as to such measures as to be adopted
for the mitigation of adverse impacts and risks of climate change, in the
sectoral policies, strategies and action plans to be executed by the
Government of Nepal, Provincial Government, Local Level and other
public bodies as well as the private sector.
(2) The Government of Nepal may prescribe priority while issuing any
order pursuant to sub-section (1).
27. Power to determine technical standards:
(1) The Government of Nepal may determine and enforce necessary
standards for the setting of priority of matters to be implemented in
urban and rural areas as to the mitigation of adverse impacts and risks of
climate change.
(2) The Government of Nepal may determine necessary policy and
technical standards for the development of such technology as may be
necessary in the prescribed subject areas for the mitigation of adverse
impacts and risks of climate change.
28. Power to participate in carbon trade:
(1) The Government of Nepal may participate in carbon trade with the
mechanisms established by the international treaty, any foreign
government or organization, business entity or private sector for the
mitigation and conservation of carbon emission.
(2) Other provisions relating to participation in carbon trade pursuant to
sub-section (1) and allocation of benefits resulted therefrom shall be as
prescribed.
Chapter-5
Provisions Relating to Protection of National Heritages and Environment
Protection Areas
29. Protection of national heritages:
(1) It shall be the duty of all the concerned agency to protect national
heritages.
(2) For the purpose of the protection of national heritages, the concerned
body shall to prepare and maintain an inventory, and such an inventory
shall also include the objects or places within Nepal which are listed in the
World Heritage List.
(3) The objects, places, plants, animals, environment etc., included in the
inventory referred to in sub-section (2) shall be protected as prescribed.
30. Special provision relating to environment
protection areas:
(1) The Government of Nepal may, in consultation with the Provincial
Government and concerned Local Level and by a notification in the Nepal
Gazette, maintain as an environment protection area any place
containing a natural heritage or aesthetic place which is considered
extremely significant from the point of view of environmental protection
or any place of historical or cultural importance.
(2) In making any road, building, river management or other physical
infrastructures, the Government of Nepal may, in coordination with the
concerned body and by a notification in the Nepal Gazette, specify any
specific area as an open or green area with a view to protecting the
environment of such area.
(3) Prohibition may be imposed on any such act as prescribed within the
environment protection area maintained pursuant to sub-section (1) or
open or green area specified pursuant to sub-section (2).
(4) In cases where it appears that adverse impacts have been caused, are
likely to be caused, on public health or environment of any specific area or
place as a result of excessive environmental pollution, soil erosion,
excessive exploitation of natural heritages or occurrence of a natural
calamity in such area or place, the Government of Nepal may, in
consultation with the concerned Local Level, issue any appropriate order
for the balance, management or restoration of the environment, upon
specifying such an area or place as a sensitive area from the
environmental viewpoint.
(5) The Government of Nepal may specify any place in which any
injurious or hazardous substance or wastes are stored or disposed or
there is excessive pollution for other reason as a polluted area and
prevent the movement of public there.
(6) In cases where there is improvement from the environmental
viewpoint in the place referred to in sub-section (4) or (5), such area may
be removed from the list of sensitive area or polluted area.
(7) Participation of the local community maybe forged in the
management of any area maintained or specified pursuant to this Section
for the protection of environment.
Explanation: For the purposes of this Section and Section 36, “local
community” means the community residing within or in neighborhood of
such an area.
(8) There shall be participation of the local community as prescribed in the
benefits resulted from the management of the area managed pursuant to
subsection (7).
31. Establishment and operation of fund:
(1) There shall be established a fund entitled the environment protection
fund, for the protection of environment, prevention and control of
pollution, management of climate change and protection of the national
heritages.
(2) The following amounts shall be credited to the fund referred to in sub-
section (1):
(a) Amount received from the Government of Nepal, Provincial
Government or Local Level,
(b) Amount received from any native person or organization,
(c) Amount received from any foreign government or international
organization.
(3) Prior to obtaining the amount referred to in clause (c) of sub-section
(2), approval of the Government of Nepal, Ministry of Finance shall be
obtained.
(4) The fund shall be audited by the Auditor General.
(5) The operation of the fund shall be as prescribed.
32. Power to constitute council:
(1) There shall be an environmental protection and climate change
management national council chaired by the Prime Minister, for the
carrying out of acts relating to environmental protection and climate
change at the national level in an effective manner.
(2) The council referred to in sub-section (1) shall consist of the following
chairperson and members:
(a) Prime Minister –Chairperson
(b) Minster for Forest and Environment, Government of Nepal -Member
(c) Three Minsters of the Government of Nepal designated by the Prime
Minister -Member
(d) Chief Ministers of all Provinces –Minister
(e) Member of the National Planning Commission who looks after the
matter of environment -Member
(f) Two persons including one woman nominated by the Chairperson from
among the professors in forest and environmental science -Member
(g) Three persons including two women nominated by the Chairperson
from among the persons with expertise in the field of forest and
environment -Member
(h) Secretary, Ministry -Member-Secretary
(3) The chairperson may designate one Minister out of the members as
the vice-chairperson.
(4) The tenure of the members nominated pursuant to clauses (f) and (g)
shall be three years.
(5) Notwithstanding anything contained in sub-section (4), if a nominated
member fails perform the duties of his or her office, the chairperson may
remove him or her from the office of member.
Provided that, prior to such removal, he or she shall be provided with a
reasonable opportunity to submit clarification.
33. Meetings and of the Council:
(1) The Council shall meet at least once a year at such date, time and
place as prescribed by the chairperson.
(2) The member-secretary of the Council shall, in consultation with the
chairperson send a notice setting out the date, time and place of the
meeting of the Council, along with the agenda to be deliberated thereat,
so that all the members can receive it in advance of at least forty-eight
hours of the time of the meeting. Provided that in the event of a need for
calling a meeting of the Council immediately, the chairperson of the
Council may call the meeting in advance of seventy-two hours, if the
meeting is so called, the member-secretary of the Council shall as soon as
possible send the notice thereof so that all the members can receive it.
(3) The presence of a majority of the total number of members shall be
deemed to constitute a quorum for the meeting of the Council.
(4) The chairperson of the Council shall preside over the meeting of the
Council, and in the absence of the chairperson, the vice-chairperson of the
Council shall preside over the meeting.
(5) Any decision of the Council shall be taken by a majority, and in the
case of a tie, the chairperson shall exercise the casting vote.
(6) Any office-bearer, representative of concerned body or organization or
environmental expert may, as required, be invited to the meeting of the
Council.
(7) The member-secretary of the Council shall authenticate the decision of
the Council.
(8) Other procedures relating to the meeting of the Council shall be as
determined by the Council itself.
34. Functions, duties and powers of the
Council:
(1) The functions, duties and powers of the Council shall be as follows:
(a) To give direction, as required, to the Ministry and other bodies to keep
on integrating the matters relating to the environment and climate
change into the long-term policies, plans and programs,
(b) To set policy for the development of a national system for the control
of pollution, management of wastes and protection of national heritages,
(c) To give necessary policy guidance to the Provincial and Local levels
with regard to environmental protection and climate change,
(d) To manage economic resources for environmental protection and
climate change and facilitate for the same,
(e) To give guidance to the Ministry for utilization, management,
development and protection of natural, cultural and physical resources
and heritages,
(f) To make evaluation of acts pertaining to environmental protection and
climate change.
Chapter-6
Fine and Compensation
35. Fine:
(1) If any person does the following act, the concerned body may punish
that person as follows:
(a) A fine not exceeding five hundred thousand rupees if, in the case of a
proposal of which the brief environmental study report has to be
approved, the proposal is executed without having it approved or if any
proposal is executed in a manner inconsistent with the approved report,
(b) A fine not exceeding one million rupees if any proposal is executed
without having the initial environmental examination approved or in a
manner inconsistent with the approved report,
(c) A fine not exceeding five million rupees if, in the case of a proposal of
which the environmental impact assessment report has to be approved,
the proposal is executed without having it approved or if any proposal is
executed in a manner inconsistent with the approved report.
(2) If any person does any act referred to in sub-section (1), the
concerned body may give order to stop such act immediately and have
the environmental study report approved pursuant to this Act where such
report has not been got approved, and to improve the act if acted
inconsistent with such a report, and it shall be the duty of the concerned
person or body to do as per the order so given. The concerned body may
impose a fine that is three-fold of the fine imposed pursuant to sub-
section (1) if the order so given is not complied with.
(3) If any person does any act inconsistent with this Act or the rules,
guidelines, procedures or norms framed under this Act, other than that
set forth in sub-section (1), the concerned body may restrict the doing of
such act and punish that person with a fine not exceeding three hundred
thousand rupees and give order to do the act referred to in this Act or the
rules, guidelines, procedures or norms framed under this Act. A fine that is
three-fold of the fine imposed pursuant to this sub-section if the order so
given is not complied with.
(4) If the act referred to in the order given pursuant to sub-section (2) or
(3) is not done, such act shall be restricted and the concerned body shall
send a request, accompanied by the recommendation, to take necessary
action for blacklisting such a person or body.
(5) If so recommended pursuant to sub-section (4), the Department shall,
if it finds the content reasonable, blacklist such a person or body for a
period of one year to five years.
(6) Notwithstanding anything contained in sub-sections (4) and (5), the
Department shall make necessary inquiry into non-compliance with the
order given by it and take action referred to in sub-section (5).
(7) If a body is blacklisted pursuant to sub-section (5), such a person or
body may not submit any proposal in that body’s name or in any name
whatever associated with such a person or body for the period of
blacklisting.
(8) Prior to imposing the fine referred to in this Section, a reasonable
opportunity shall be given to the person or body or project which is to be
blacklisted.
36. Application may be made:
(1) If a person executes, in contravention of this Act, a proposal without
having the initial environmental examination, brief environmental study
or environmental impact assessment report approved or in a manner
inconsistent with the approved report or does or proceeds to do any act
contrary to this Act, application may be made to the concerned body or
authority.
(2) If any person, body or local community suffers any loss or damage as a
result of the pollution or disposal of a hazardous waste by another person
inconsistent with this Act or the rules, guidelines or standards framed
under this Act, the person, body or local community victimized from such
an act may make an application to the concerned body for getting
compensation for the injury caused to such person, body or community.
(3) If, in examining and inquiring into the application made pursuant to
sub-section (1) or (2), it is proved that the applicant has sustained loss or
damage, the concerned body shall ascertain the injury and require a
reasonable compensation to be paid by the person, body or proponent
who has caused such loss or damage to the victim person, body or local
community.
(4) There shall be formed a committee comprising three experts
nominated by the Government of Nepal to make inquiry into any
application made as to the injury caused from pollution made by any body
of the Government of Nepal or body owned and controlled by the
Government of Nepal, and compensation shall be paid pursuant to sub-
section (3) on the basis of recommendation by that committee.
(5) There shall be formed a committee comprising three experts
nominated by the Provincial Government to make inquiry into any
application made as to the injury caused from pollution made by any body
of the Provincial Government or Local Level or body owned and controlled
by the Provincial Government or Local Level, and compensation shall be
paid pursuant to subsection (3) on the basis of recommendation by that
committee.
(6) The basis for determining compensation pursuant to this Section and
other provisions shall be as prescribed.
37. Appeal:
(1) A party who is not satisfied with the fine imposed pursuant to Section
35 may make an appeal within thirty-five days to the concerned District
Court if such fine is imposed by the Local Level and to the concerned High
Court if it is imposed by other body or authority of the Government of
Nepal or Provincial Government.
(2) A party who is not satisfied with the decision made as to the
determination of compensation pursuant to Section 36 may make an
appeal to the concerned High Court within thirty-five days.
Chapter-7 Miscellaneous
38. Environment protection plan to be
formulated:
(1) The Government of Nepal may formulate and implement an
environment protection plan with a view to maintaining a clean and
healthy environment, and conserving and promoting the same.
(2) The Provincial Government and Local Level may, subject to the plan
referred to in sub-section (1), make and implement necessary plans for
environmental protection.
(3) In formulating the plans referred to in sub-sections (1) and (2),
traditional and local practices on the protection, conservation,
sustainable use of the environment and equitable distribution of fruits
received from the use of environmental resources shall be included in the
plans.
(4) The plan referred to in sub-section (1) shall include such other matters
as prescribed. 39. Monitoring and inspection to be carried out:
(1) The Ministry or Department may carry out monitoring and inspection
as to whether or not this Act or the rules, guidelines, procedures or
standards framed under this Act have been implemented.
(2) The Provincial Government or Local Level may, with a view to
protecting and conserving the environment within its area, carry out
monitoring and inspection as to whether or not this Act or the rules,
guidelines, procedures or standards framed under this Act have been
implemented.
(3) Other provisions relating to monitoring and inspection to be carried
out pursuant to sub-section (1) or (2) shall be as prescribed.
39. Monitoring and inspection to be carried
out:
(1) The Ministry or Department may carry out monitoring and inspection
as to whether or not this Act or the rules, guidelines, procedures or
standards framed under this Act have been implemented. (2) The
Provincial Government or Local Level may, with a view to protecting and
conserving the environment within its area, carry out monitoring and
inspection as to whether or not this Act or the rules, guidelines,
procedures or standards framed under this Act have been implemented.
(3) Other provisions relating to monitoring and inspection to be carried
out pursuant to sub-section (1) or (2) shall be as prescribed.
40. Annual report to be prepared:
(1) The Ministry shall each year prepare an annual report including the
following matters:
(a) Description obtained from the monitoring and inspection carried out
pursuant to Section 39,
(b) Description relating to national and international activities on climate
change,
(c) Other necessary description.
(2) The Ministry shall submit the annual report referred to in subsection
(1) to the Council within two months of the date of expiry of each fiscal
year. 41. Power to issue order:
(1) The Government of Nepal may, by a notification in the Nepal Gazette,
issue necessary order as to the matters requiring precautions from the
point of view of environmental protection.
(2) The Director General may impose a fine not exceeding one hundred
thousand rupees on a person or body that violates the order issued
pursuant to subsection (1).
42. Delegation of power:
The Ministry may, as per necessity, delegate any of the powers conferred
on it pursuant to this Act to the Department, environmental inspector or
any office employee or any body.
43. Prevailing law to govern: The matters set forth in
this Act shall be governed by this Act, and other matters shall be governed
by the prevailing law.
44. Power to frame rules:
The Government of Nepal may frame necessary rules for implementing
this Act.
45. Power to frame guidelines, procedures
and standards:
The Government of Nepal may, without prejudice to this Act and the rules
framed under this Act, frame and enforce necessary guidelines,
procedures and standards.
46. Assessment as to implementation of the
Act:
(1) The Ministry shall make assessment of impacts of the implementation
of the Act.
47. Repeal and saving:
(1) The Environment Protection Act, 1997 (2053) is hereby repealed.
(2) The acts and actions performed under the Environment Protection
Act, 1997 (2053) shall be deemed to have been performed under this Act.
(3) If any application or complaint is under consideration by any body or
authority pursuant to the Environment Protection Act, 1997 (2053), such
application or complaint shall be settled in accordance with that Act.
End.
C.1.1.D A treatise on Environment
Protection Rule (2019/ 2076) Proven and
Practical Tool (need a lot of correction)
A long and serious piece of writing on a
particular subject is a treatise of that tiltle.
i.The Business Allocation Rules (BS
2074.12.01) of Nepal mandates the Ministry
of Forests and Environment (MoFE) to
formulate policies, laws and standards,
including adoption of necessary regulatory
measures related to, inter alia, environment
and environmental impact study.
ii. In order to ensure sustainable
development, the Environment Protection Act
(EPA, 2019) entered into force on 18
October 2019 – the 8th day of authentication
by the President.
iii. The 2019 Act repeals the 1996 EPA.
iv.The EPA 2019 provides provision to
formulate and implement Rules, Guidelines,
Procedures and standards.
v. Accordingly, Environment Protection
Rules (EPR) has been drafted and MoFE has
called for providing suggestions by posting it
in its website on 7 January 2020 (BS
2076.09.22). Concerns and issues on the Bill
and 5 November 2011 draft EPR were
flagged.
(https://www.spotlightnepal.com/2019/05/21/environment-
protection-bill-2019-heavy-punishment-non-compliance/)and
https://www.spotlightnepal.com/2019/12/05/environment-
protection-act-2019complexity-study-approval-process/.
v. Second opportunity is used to encourage
EPR drafter(s) to follow principles,
knowledge and operational experiences to
make it practical, and environment &
development-friendly.
vi. Here, some important aspects are raised
before making the draft EPR legally binding
and support to have 'common understanding'
of report prepares, reviewers, decision-
makers, law enforcers and stakeholders as
well on legal matters related to
environmental assessments.
1. In principle, environmental scoping (ES) is
carried out to define the 'scope of work'
which is later included in the Terms of
Reference (ToR) to guide and streamline the
study. The Rule 4 of the draft EPR provisions
for public notice to suggest on
'environmental impact that may occur from
proposal's implementation'. ES documents
prioritised issues and concerns that should
be 'studied during environmental
assessment'. The Schedule 4 (format of
public notice) calls interested people to
provide inputs on 'impacts' and it differs with
fundamentals of scoping.
2. The Schedule 5 (format of the ES
document) is framed broadly but offers space
for repetitions. It asks to review guidelines
and standards. Guidelines are used to
prepare reports, and standards are used to
evaluate the significance of impacts and
there is no need for such review. Review
focus should be on policy and laws to ensure
project implementation under existing
policies and laws. Methodologies as
mentioned in the format (Schedule 5) limits
flexibility and information asked for existing
environmental condition looks like for 'spoon
feeding'. Existing condition will largely
depend upon nature and location of the
project, and resources likely to be affected by
the project. This format will not be
appropriate for urban area projects. It is
encouraged to simplify Schedule 5 and make
flexible so that each project requiring
environmental scoping may use it
professionally.
3.The ToR for EIA (Schedule 8) is framed in
14 chapters. A comprehensive ToR can be
prepared within 10 pages to guide the study.
Based on this format, several information of
Scoping Document may be repeated in the
ToR. Several issues might be reopened and
create 'complexities' till the approval of the
report. Hence, window for developing
practical ToR should be considered and such
details are 'grossly inappropriate'. If
necessary, EPA (2019) provides provisions
to issue guidelines and procedures and
Government may issue sector specific
additional procedure. The ToR should be
developed based on nature and location of
the project and resources likely to affected.
4. The EPA (2019) provides provision to
prepare brief environmental 'study' report
while Schedule 10 of the draft EPR mentions
report of the brief environmental
'examination'. It instructs users to
understand 'study' and 'examination'
synonymously. Aspects related to
environmental monitoring could be added in
the format as it contains a frame for
environment management plan.
5..The format for IEE report as contained in
Schedule 11 of the draft EPR is
inappropriate for many sectors. This format
was prepared for 'industry projects' in 1995.
Unfortunately, it was copied from EIA
Guidelines of the Industry Sector and pasted
in EPR (1997).
6. In EPR (1997), IEE report format did not
consider plan for the implementation of
benefits augmentation and adverse impacts
mitigation measures and environmental
auditing. In fact, auditing is carried out to
assess pre-and post-project status and/or
changes and provides updates on what
worked & what did not, including
effectiveness of augmentation or mitigation
measures.Inclusion of EMP frame in the new
IEE format sounds good. Proposed EMP
format should also consider 'where' to know
location of measures to be implemented. It is
encouraged to include requirements for
environmental monitoring and auditing for
IEE as well as there is no much difference
between IEE and EIA studies.
7. Schedule 12 of the draft EPR (2019)
provides format for the EIA report in 11
chapters, excluding references and annexes.
This report can also be prepared in 7
chapters by merging relevant chapters to
reduce/avoid repetitions in write-ups. It can
be considered 'spoon feeding' format. It also
includes numerical for magnitude, extent and
duration (as contained in the National EIA
Guidelines, 1993) but does not consider
national and trans-boundary extent of
impacts. This frame will unnecessarily
increase the volume of report. There are
several places opened for reinterpretation by
non-professionals. Furthermore, this frame
might not be appropriate to all projects
requiring EIA.
8. Report of any proposal should be guided
by the ToR. Elaboration of monitoring
sounds good but provision for baseline
monitoring should be reconsidered as the
legal provision instructs to implement the
project within two years of EIA report
approval. If the baseline is changed, impacts
will also be changed.
9. All types of environmental auditing are not
required. Types of auditing proposed in the
draft EPR are taught in academic courses. It
is encouraged to propose important auditing
related to the project or leave it open. The
Schedule 12 instructs to write auditing
requirements within 5 pages but it also
includes framework for auditing report with
number of elements. If necessary, auditing
guideline, procedure or manual may be
issued.
10. Schedule 13 provides a frame for public
notice of the IEE report and calls for
providing 'impact on and between
environmental domains – physical,
biological, social, cultural and economic
systems'. Its spirit in 1997 was to release
draft report and inform project affected
communities to know in advance the likely
impacts and proposed measures and seek
their opinions. This public notice resembles
with the notice of scoping document that
considers 'issues and concerns' while IEE
report focuses on 'impacts'.
11. In report formats, it is encouraged to
make consistencies on physical, chemical,
biological, socio-economic and cultural
aspects as it differs in Schedules.
12. It is unfortunate to dictate the language
of the report, only in Nepali and Unicode.
There are several IEE and EIA reports
prepared in Nepali language in the past. It
can be encouraged to prepare in Nepali but
'compulsory is unnecessary'.
13. In general understanding, Strategic
Environmental Assessment (SEA) is a
second-generation EIA which is carried out
for assessing impacts of a policy, plan or
programme. The Strategic Environmental
Analysis (SEAn) as included in the EPA
(2019) and draft EPR (2019) is for policy,
programme or project. The IEE and EIA are
project-level assessment while SEAn is also
proposed for project. Although, MoFE is
mandated for all types of environmental
assessments, SEAn provisions in the draft
EPR (2019) on SEAn is unlike with its
mandate.
In a nutshell, the draft EPR has used some
experiences of EPA (1996) and EPR (1997)
enforcement but overlooks principles and
'barriers' in number of Schedules. It may
create 'obstacles' during its enforcement and
national effort of promoting sustainable
development will remain for decades. As a
proven tool for sustainable development
globally, environmental assessment should
not be a 'barrier for socio-economic
development of the country'.
Note 2:
1. Environmental Protection Rule,
2077(2020) - (CAME INTO ACTION AT PRESENT)
……
NEPALI MAATRA UPALABDHA
CHHA.TRANSLATE IT.
,,,,
2. Environment Protection Rules, 2020 Regulated And Impractical
The brief environmental study (BES) report is an addition in the EPR
2020. As per EPA 2019, the proposal includes plan, project, or program;
and Strategic Environmental Analysis (SEAn) is proposed to carry out
for policy or program or project.
October 2019, the Government has made public the
Environment Protection Rules (EPR) 2020 on 15 June
2020. The EPA 2019 and EPR 2020 have repealed
EPA 1996 and EPR 1997. In order to encourage the
drafters and decision-makers to make the new EPA
and EPR more practical, development and user-
friendly and contribute to making development
environmentally sound and sustainable, over three
decades of experiences were shared through three
articles.
…..
… 'redundant' and 'departure from practices'.
….
Efforts were made to provide practical inputs in
January 2020 article on draft EPR. In spite of several
inputs from the non-governmental sector, the June
2020 EPR neglects, in some cases, the fundamentals
and principles of environmental assessment [Initial
Environmental Examination (IEE), and Environmental
Impact Assessment (EIA)] process, procedures and
practices.
This piece highlights a few operational issues and will
hopefully 'close my inputs' in EPR 2020. The brief
environmental study (BES) report is an addition in the
EPR 2020. As per EPA 2019, the proposal includes a
plan, project, or program; and Strategic Environmental
Analysis (SEAn) is proposed to carry out for policy or
program or project. As mentioned above, a program or
project may require BES, IEE, EIA, or SEAn. In
general understanding, BES, IEE or EIA are carried
out for projects, and Strategic Environmental
Assessment (SEA) is for policy, plan, or program.
This sufficiently confuses the global and regional
practices in carrying out project-level or higher-level
of assessments. It is, therefore, natural to consider
The required time for approval of the Scoping
document, Terms of Reference (ToR) and
environmental study reports may require 'determined'
effort of the concerned officials engaged in processing
for approval and decision-makers. The number of days
the government will take for approval will be counted
only after submission of all required documents,
including 'revised' reports. Once all quality documents
are received, the Government will need 35 days to
approve of an EIA report. If all processes are
complete, a decision can be made within a few days.
Efficiency will be 'known' only after full
implementation of the EPR 2020 and 'positive outlook'
in the decision-making process for all types of projects
and of all proponents.
In the case of the public hearing, the Rules (#6.3)
obliges the proponent to organize public hearing in
more than one place taking into consideration the
geographical area to be covered by the project. In
order to make it 'development-friendly', it is
encouraged to clearly mention the 'number of the
public hearing required' while approving the ToR as it
is time-consuming and in some cases costly. It is
equally important to consider the nature and location
of the project.
Reviewing the Schedules, Schedules 1, 2 and 3
provide a list of proposals that require BES, IEE and
EIA studies respectively and the proponent will
proceed for preparing BES, IEE or EIA reports. The
1997 EPR included 'sensitive area and investment
criteria' for proposals that were not covered in
Schedules. As per EPR 2020, any category of
proposals not included in these three Schedules will
neither be implemented nor any level of environmental
assessments required. Alternatively, all new proposals
not included in these Schedules will be environment-
friendly. This 'far-sightedness' or 'gross negligence'
will, at least, promote socio-economic development 'at
the cost of the environment'.
Each Schedule considers pre-construction,
construction and operational stages of a project. Some
proposals may be directly implemented and may not
require these stages. For example, plantation of single
species in a block, or clear felling in more than 30 ha
of land will not require the construction stage as in
infrastructure projects.
The Schedules follow 'instructive' mode and do not
provide space for 'not to include irrelevant'
information. For example, a proposal will be
introduced under Introduction and Information about
Proposal in a Scoping Document. In the late 1990s,
there were cases of instruction to re-submit an EIA
report as per environmental laws if the report followed
National EIA Guidelines (1993) and re-submit the EIA
report as per guideline if it followed environmental
laws. This is an 'intention' issue.
Stakeholders are given the opportunity to comment
and provide inputs on environmental assessment
reports. In general, the draft report is made public but
the format of the public notice clearly indicates to
collect stakeholder's suggestions 'while preparing the
report'. It indicates that stakeholders or 'to be affected'
community(ies) may or may not be informed about the
impacts of the proposal with corresponding measures.
As also flagged previously, the IEE report format is
inappropriate to all sectors. The alternative analysis
undermines the '3W' (with & without, and within)
approach. The EIA report format undermines the
national and transboundary nature of impacts and
instructs to write impact-based measures in two
chapters. Clarity is required in environmental
monitoring and auditing as well. Unnecessary details
further confuse and delay decision-making.
The Ministry of Forests and Environment or the
'prescribed agency' is responsible for environmental
auditing. However, the ToR for EIA study instructs the
proponent to mention 'when' (time) and 'who' (agency)
to carryout environmental auditing. The timing and
responsibility contradict with Section 12 of the EPA
2019.
Recalling the EIA Convention (1991), EIA laws or
guidelines in number countries, conference decisions,
principles and practices, Nepal's EPR 2020 challenges
the principles and practices of environmental
assessment (EA) process in some areas, and includes
unnecessary details to confuse proponents,
practitioners and decision-makers. Many Schedules
look like 'teaching material'. The EPR ignores the
nature and location of the project and confuses the
scope of Rules, Guidelines and Manuals. Although
many countries follow the 'prescriptive approach' in
implementing the EA tool, the EPR 2020 attempts to
regulate each step of the EA process, limits
'flexibility', and 'innovativeness', and provides spaces
to delay report approval.
3. Belbase ko download book here la.
4 The Ancient Monuments Acf1956 and its administration should be
urgently reviewed. 7. The Kathmandu Valley Development
Authority Act 1988 should be enforced.