Farooq v. Federation of Pakistan

Several Pakistani citizens sued the Pakistani government arguing that the government had failed to plant and conserve trees and forests in Punjab in violation of Pakistani law and the plaintiffs' constitutional rights. The High Court of Lahore allowed the writ of mandamus and ordered the government to uphold its obligations to protect Pakistani forests.

Background
In 1947, Pakistan was 33 percent forest. Today, due to deforestation, tree cover is just about 4 percent. In response to widespread deforestation, Pakistani citizens and members of the group Go Green Lahore filed suit against the government of Pakistan in the High Court of Lahore in 2018.

Petitioners requested a writ of mandamus under Article 199 of Pakistan's Constitution and alleged the government's failure to protect forests violated their fundamental rights guaranteed under the Pakistan's Constitution, the Public Trust Doctrine, and the Forest Act of 1927 and the Punjab Plantation and Maintenance of Trees Act of 1974. The petitioners included the argument that forests are an important carbon sink.

The petitioners asked that the court to order the provincial and federal government to plant, protect, manage, preserve and conserve the trees and forests in Punjab.

Relevant Laws and Principles

 * Pakistani Constitution
 * Article 9 (Right to Life and Liberty)
 * Article 14 (Right to Dignity)
 * Article 26 (Right of Access to Public Places of Entertainment)
 * Article 38(b) (Provision of Available Leisure Places)
 * Environmental Laws
 * Forest Act (1927)
 * Punjab Plantation and Maintenance of Trees Act (1974)
 * National Climate Change Policy (2012)
 * National Forest Policy (2015)
 * Forest Policy Statement (1999)
 * Punjab Environment Policy (2015)
 * Principles
 * Public Trust Doctrine
 * Precautionary Principle

Ruling
The court ordered the Pakistan government to meet its commitments under the law, including the National Climate Change Policy of 2012, the National Forest Policy of 2015, the Forest Policy Statement of 1999, and the Punjab Environmental Policy of 2015. It ruled that the government had failed to project the forest of Pakistan from depletion and deforestation.

In its discussion of relevant law, the court touched on the right to a healthy environment, the Precautionary Principle, and the Public Trust Doctrine. Specifically, in regard to climate change, the court summarized the negative impacts of climate change on forests and obligations under the National Climate Change Policy to protect biodiversity and prevent wetland degradation by reducing deforestation.

Takeaways
Along with Leghari, Farooq v. Federation of Pakistan is an example of successful climate litigation in Pakistan. As with Leghari, the case argued both failure of the government to implement environmental laws and to protect the constitutional rights of Pakistanis.

Links

 * Sabin Center Database
 * Grantham Research Institute