Role of Judiciary in Promoting Environment and Sustainable Development in South Asian Region

The right to clean and healthy environment is a universally recognized right, yet, at the international level, it lacks a concrete framework both in terms of substantive matters as well as enforcement. This article is a descriptive analysis of the judicial role in the context of India, Bangladesh, Pakistan, Sri Lanka and Nepal in protecting and ensuring the right to a clean and healthy environment. In India, Bangladesh, Pakistan and Sri Lanka, the cases relating to environmental degradation are brought before the Court both as a matter of Tort as well as Public Interest Litigation, whereas in Nepal, due to the absence of a law of tort, the cases are brought before the court in the form of Public Interest Litigation only. The judiciaries of SAARC countries have been playing a very significant role in recognizing the right to a clean and healthy environment and as ‘sine quo non’ to ensure other rights like the right to life and the right to health. With the recognition of various principles such as sustainable development, the precautionary principle, the polluter pays principle and many more, SAARC judiciaries have constantly been broadening the scope of environmental protection and sustainable development in their respective countries.