Khan v. Federation of Pakistan

A coalition of women filed a constitutional petition in 2019 on their behalf and on the behalf of future generations against the Pakistani federal government. They allege the government's failure to address climate change violates their human rights to a clean and healthy environment and a climate capable of sustaining human life. They also argue the government's climate inaction violates the equal protection under the law because climate change has a disproportionate impact on women. The case has yet to proceed to trial.

Background
A group of five women filed suit against the federal government of Pakistan on behalf of themselves and future generations. The case was brought in the High Court of Lahore in 2019. The petitioners' claim states that the Pakistani government has failed to reduce greenhouse gases or develop renewable energy sources.

The case raised a novel issue in Pakistani climate litigation, that the disproportionate impacts of climate change on women and mothers violated the right to equal protection under Article 25 of the Pakistani constitution.

Relevant Law and Principles

 * Pakistani Constitution
 * Article 4 (No action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with Law)
 * Article 9 (Right to Life and Liberty)
 * Article 14 (Inviolability of dignity of man)
 * Article 25 (Equal Protection)
 * International Agreements
 * Paris Agreement
 * Environmental Laws
 * RE Policy (2006)
 * Framework for Implementation of Climate Change Policy (2014-2030)

Ruling
The case has yet to go to trial and no ruling have been issued.

Takeaways
The case builds upon Leghari v. Federation of Pakistan, which recognized the right to a clean and healthy environment and a climate capable of sustaining human life. It also tries a novel claim in Pakistan climate litigation, that climate change violates the constitutional Right to Equal Protection because it has disproportionate impacts on women.

Links

 * Sabin Center Database
 * Grantham Research Institute