Nepal

After the establishment of democracy in 1990, Nepal has seen an increase in public interest litigation in the judiciary of Nepal. The Supreme Court of Nepal has played a significant role in protection of the environment. The present law on climate change and environment protection was passed after the order from the Supreme Court of Nepal. Individuals from the legal fraternity have used climate litigation as a medium to protect the right to environment of the citizens and halt the actions of the government which promote environmental degradation. ‘Nepal’s greenhouse gas emission is only around 0.027 percent of total global emissions’. Still, Nepal is facing various forms of environmental problems due to climate change and is ranked fourth most vulnerable country in the world to climate change.

Cases
The climate litigation cases in Nepal have been brought against business corporations as well as against the government. However, the majority of the cases are against the government. The Constitution of Nepal in article 30 guarantees every citizen of Nepal to live in a clean and healthy environment as a fundamental right. This provision is the primary basis for climate litigants to bring the cases in the court.

Advocate Raju Prashad Chapagain vs Government of Nepal, Ministry of Agriculture and Cooperatives and Others.
 * List of cases

The case mainly deals with the disposal of 50 tons of precarious chemical pesticide which was stockpiled in Amlekhgunj of Bara district in Nepal by numerous foreign manufacturers under umbrella organization named Crop Life International. The Supreme Court presided by Justice Min Bahadur Rayamajhi accentuated on the light that there was an overarching constitutional right to live in a clean environment, with a corresponding state responsibility to restrict adverse effects on the environment. The court also ordered Nepal Government including Office of the Prime Minister to conduct a separate study and to prepare a comprehensive profile of the overall pesticides stored in different parts of the country including Amalekhgunj, encompassing questions as for what purpose, from where, how it was obtained, how it was spent or disposed of, and identify organisations importing such detrimental chemical substance. The judgment also commanded the authority to dispose all the harmful pesticides within a year based on environment friendly modalities.

Advocate Prakash Mani Sharma vs Godavari Marble Industries Pvt. Ltd and Others, 2015

The case was about an industry Godavari Marble Industries Pvt. Ltd which was situated in Fulchowki, Godawari of Nepal. The place is known for its rich biodiversity, climate conditions and natural beauty. An organisation named as PRO Public along with Advocate Prakash Mani Sharma issued a writ petition to shut down activities being conducted by the industry which involved exorbitant amount of extraction of raw materials surrounding Godawari Region which was constantly hindering natural beauty of the area and affecting its biodiversity. The Supreme Court of Nepal presided by a joint bench of Justice Sushila Karki, Justice Govinda Kumar Upadhyaya and Justice Jgadish Sharma Poudel held that Nepal’s constitutional right to life included all rights necessary for living a dignified life. It also clarified that a clean environment was essential to protecting the capacity of people to live with dignity. The legal provisions invoked by the court were Rule 43 d(1) of Mining and Minerals Rules, 2056, Section 27(1) of the Mines and Minerals Act, 2042, and Article 12 (1) of the Constitution of the Kingdom of Nepal. The court also highlighted the detrimental threat which can occur to the climate, biodiversity, natural beauty, geographical and geological conditions, ecosystem and historical, religious and cultural significance of Godavari region due to the operation of mines and minerals in the region. The court issued writ of mandamus ordering to shut down all the mining activities in the area precluding no further organisation to acquire permission to open similar infrastructure in the region in the future.