We observe World Environment Day every year on June 5, reaffirming our commitment to protect and preserve the natural environment. Yet, despite our pledges, these efforts often fall short, as environmental protection initiatives struggle to withstand the growing challenges of pollution.
The natural environment of Kathmandu has become so polluted that the issue of pollution in the capital city has been a topic of discussion for decades. The Supreme Court in the landmark case of Advocate Bhojraj Aire and Others v Office of the Prime Minister and the Council of Ministers and Others (2004) observed that the environment of the Kathmandu Valley is becoming increasingly polluted day by day, a fact established through various studies and research. This pollution has had a negative impact on the right to live in a clean and healthy environment, held the apex court. The judicial decision addressing the problem of Kathmandu’s pollution was delivered nearly 21 years ago, yet we continue to debate the same concerns. Years have passed, but the core issue remains unchanged. Kathmandu is one of the most polluted cities in the world.
The concern for the natural environment was not limited to the early 2000s; it was already a topic of serious discussion in Nepal in the 1990s as well. In the case of Godavari Marbles, which was pronounced in 1995 and filed by Surya Prasad Sharma Dhungel, the apex court was of the view that human life is endangered in a polluted environment. The polluted environment leads to the deprivation of an individual’s life and physical well-being. The right to be free from such a polluted environment is a matter of individual rights and freedoms. In this respect, the protection of the environment is directly related to human life and physical integrity.
Strict laws, poor execution
The Environment Protection Act, 2019 has been enacted by the government to implement Article 30 of the Constitution, which guarantees a breath of fresh air to every citizen. The Act aims to protect and improve the environment and to mitigate the pollution; to enforce the right to clean the environment; to grant compensation to victims of environmental pollution; and to implement EIA, Environmental Study and Environment Examination reports.
The Act has set heavy fines for non-compliance of law and government policies. For instance, Section 35 of the Act envisages that there could be a fine of up to five million at the instance of non-compliance of EIA by a proponent. Defiance of Initial Environmental Examination could lead to fines of up to one million.
Socio-cultural legacy
Nepal is a pluralistic country where people belonging to every ethnicity and faith co-exist. Our cultural legacy shows that we have never been cruel toward the environment. In fact, environment protection is one of the cultural heritages of Nepal.
Every religious and cultural practice we observe symbolizes environmental protection. See, the grand festival of Chhath. It’s the festival demanding cleanliness of waters. The devotees offer prayers to the Sun god by standing in the waters.
On the first day of the month of Baisakh, people in Tarai-Madhesh celebrate Jur Shital, the festival which aims to protect the trees, waters and soil. The festival begins with elders sprinkling cool water on the head of their relatives and this practice is considered to be part of seeking blessings from the elders. The family members spread water on the plants and trees. In addition to this, there is a culture of playing the traditional game Kado-Mati (mud-soil) which is similar to mud bath. These cultural practices symbolize conservation of soil, trees, and water.
Kautilya’s Arthashastra states that it is the Dharma of each individual in society to protect nature. The Yajna or sacrificial fire is apparently done to worship one or other deity and it ultimately purifies the air. The Samaveda highlights the importance of the Yajna as it helps in keeping away the mosquitoes and other insects. In Padma Purana and Karma Purana, it is mentioned that the trees, like Peepal, Bel, Neem, etc are the abode of the God and they are not to be cut.
In Buddhism, the principle of Simplicity preaches for sustainability and the principle of Ahimsa (Non-violence) preaches for the love for flora and fauna. Our holy texts, laws and court judgments too show that the country has been serious towards environmentalism.
The way forward
Our concern for environmental protection should be a topic of daily discussions—not the persistence of pollution itself. Environmental pollution is a business of shame for ancient countries like Nepal, which have a rich socio-cultural and legal legacy of environmental stewardships.
The more polluted our atmosphere becomes, the more our citizens are forced to spend on medicines and healthcare. Moreover, without addressing pollution, our development cannot be sustainable, nor can we effectively implement our green laws. Also, we would not be in a position to align with the global commitment to ‘Ending Plastic Pollution’, the theme of World Environment Day 2025.
In fact, we should develop a conscious approach and strike a balance between environmental protection and development, held by the Supreme Court of Nepal in the landmark case of Advocate Narayan Prasad Devkota v Government of Nepal and Others (NKP 2066 BS, Decision Number 8521). The progress and pollution should not go together. There can be no end to progress in terms of industrialization, commercialization and globalization, and consequently, no escape from pollution. Still, we cannot turn a deaf ear to environmental protection measures. It is high time we implemented our green laws, embraced the wisdom of our cultural practices and revived our heritage of environmental protection.
