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In 2016, Rabab Ali, a 7-year-old girl living in Karachi, sued the Pakistani federal government over its failure to address climate change and its plans to develop coal mines in the Thar desert region. Despite being filed in 2016, the case has not advanced to trial.
Background[edit]
Rabab Ali, through her father, environmental attorney Qazi Ali Athar, filed a climate change petition against the federation of Pakistan and the province of Sindh in the Supreme Court of Pakistan in April 2016, when she was just 7 years old. The petition was filed on behalf of Ali, the people of Pakistan, and future generates. The Petition alleges violations of constitutionally protected Fundamental Rights, of the Public Trust Doctrine as it relates to Pakistan's atmosphere and climate, and of rights relating to the environmental degradation expected to result from burning coal to generate electricity.
The case focused most specifically on the Pakistani government's plans to develop the Thar Coal Reserve in the Thar Desert. The petition argues that development of the coalfield will greatly increase Pakistan's greenhouse gas emissions and harm the residents of the Thar Desert through forced displacement, contaminated water, and degraded air quality.
Relevant Law and Principles[edit]
- Pakistani Constitution
- Article 9 (Right to Life and Liberty)
- Article 4(2)(a) (No action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with Law)
- Article 14 (Inviolability of dignity of man)
- Article 19A (Right to Information)
- Article 23 (Right to Acquire, hold and dispose of property)
- Article 24 (No person shall be compulsorily deprived of his property save in accordance with law)
- Article 25 (Equal Protection)
- Environmental Laws
- International Agreements
- United Nations Framework Convention on Climate Change
- Kyoto Protocol
- Paris Agreement
- Principles
Ruling[edit]
Despite being filed in 2016 the case has not moved forward at this time.
Takeaways[edit]
Though no ruling has been offered in the case, the petition filed by Rabab Ali and her father combines many arguments that have been made for climate litigation. The petition touches on government failure to implement its climate policies, opposition to fossil fuel projects, human rights, the public trust doctrine, environmental justice, and more.