Legal Avenues to Protect Environment: Investigating the Pakistan Legislation

Abstract

The purpose of research is to summarize all remedies available against environmental crimes in the context of Pakistan legislation, and determine maintainability and overriding effect of the special enactments. Development and environmental damage are interconnected. The ease of life of present generation is the cost being paid by the future generations, in the shape of environmental damage. The sustainable development idea originated to maintain the equilibrium in development and the environment. As a global issue the United Nations Organization set goals, which can be achieved by the active involvement of every member states. The principle 11 and 13 of the Rio Declaration, 1992. Expressly state the responsibility and obligation of member states regarding environmental legislation. The doctrinal legal research methodology is applied to analyze the relevant laws, their interpretation by the courts and application by the government agencies. In this research article the legal options available to the aggrieve person from environmental damage is explored in the light of statutes and case laws. The result shows that the remedies are available under the Pakistan Constitution, The Environmental Protection Act, Pakistan Penal Code, Criminal Procedure Code of Pakistan, and the law of Torts. Apart from these, several other acts in support of environmental protections are available. The specified functions of these acts are to control the illegal trade of wild fauna and flora, Bio Safety, Climate Change, Hospital waste management, and ensure the National environment quality standards, etc. Campaigns to raise public awareness shall begin, Environment as a compulsory subject shall be introduced, Same laws shall be repealed after making the Environmental Protection Act, 1997 (PEPA) more comprehensive and Environmental issues shall be dealt only by the Federal Government as a global issue.