As Pakistan grapples with the devastating effects of climate change, the need to develop robust climate science and invest in research has become more than a scientific pursuit—it is a matter of fundamental human survival. The Constitution of Pakistan recognises rights to life, dignity, and the protection of the environment, creating a strong foundation for prioritising climate research and sustainable development in the law.
Pakistan is among the nations most vulnerable to climate change. The catastrophic floods of 2022 displaced millions and caused losses exceeding $30 billion, underscoring the urgency of building climate resilience. Rising temperatures, melting glaciers, and erratic monsoons threaten the livelihoods of millions, making it imperative to develop science-based solutions to these challenges.
Adding to these challenges is the current smog crisis in Pakistan, which has made Lahore and Multan some of the most polluted cities in the world. Air quality in these cities has reached life-threatening levels. The lack of effective measures to control smog — caused by vehicular emissions, industrial pollution, crop burning, and inadequate urban planning — highlights the urgent need for a science-informed approach to environmental governance.
The smog crisis serves as a stark reminder of how environmental degradation directly affects the right to life (Article 9). The introduction of Article 9A in the Constitution further enshrines the fundamental right to a clean, healthy, and sustainable environment.
Internationally, Pakistan has ratified key frameworks, including the United Nations Framework Convention on Climate Change (UNFCCC) and the United Nations Sustainable Development Goals (SDGs). Together with the Kyoto Protocol (1997) and the Paris Agreement (2015), these frameworks provide the international legal basis for multilateral efforts to address climate change. In addition, Pakistan’s own environmental laws, beginning with the Environmental Protection Act of 1997 and evolving through the Climate Change Act of 2017, provide a framework for addressing climate challenges. However, our domestic legal framework must evolve to prioritise scientific research and innovation in judicial decision-making.
At the 29th Conference of the Parties (COP29) under the UNFCCC in Baku, the Law and Justice Commission of Pakistan (LJCP), in collaboration with the Ministry of Climate Change and Environmental Coordination, hosted impactful sessions on climate governance and the judicial use of climate science
To date, the enforcement of existing international commitments and laws has been woefully inadequate. Green spaces are encroached upon with impunity, climate policies remain on paper, and air pollution has reached hazardous levels. This inaction calls for immediate investment in climate science to identify sustainable solutions, enforce pollution control measures, and protect public health.
Pakistan’s judiciary is actively contributing to climate justice on both national and international stages. At the 29th Conference of the Parties (COP29) under the UNFCCC in Baku, the Law and Justice Commission of Pakistan (LJCP), in collaboration with the Ministry of Climate Change and Environmental Coordination, hosted impactful sessions on climate governance and the judicial use of climate science i.e. citing scientific research in judgments.
A distinguished delegation from Pakistan, led by Justice Ayesha A. Malik and Justice Mansoor Ali Shah, including Justice Jawad Hassan, represented the nation. Their participation highlighted the judiciary’s essential role in addressing climate change through judicial interventions.
Justice Malik emphasised the critical need for environmental research, stating: “When cases of environmental damages come to court, judges need to determine whether the losses are a result of government negligence [as an enforceable legal matter within Pakistan] or broader global environmental changes. Courts must have evidence-based data to make informed decisions, and judges must be actively included in environmental discussions.”
She explained the significance of climate science in litigation, particularly in establishing the fact of climate change, which then enables courts to impose a constitutional or a legal duty on relevant agencies for appropriate countermeasures. Reflecting on a case involving floods in Pakistan, she noted the challenges in obtaining data to link the damage to climate change: “It was challenging for the court to obtain the data and establish a connection between the cause of the floods and the responsibility of the government in taking appropriate adaptation measures.”
Thus, there is a pressing need for relevant, robust, and accessible data.
Justice Malik further emphasised the necessity of making climate science accessible to diverse audiences, including policymakers and the general public: “We have to bring the discussion down to the man who does not understand climate change.”
She also called for increased focus on publications and academic research, which are instrumental in shaping public understanding and courtroom arguments.
She further stressed the role of financial data, arguing that evidence-based approaches are essential for allocating financial responsibility. “Climate science would say that a flood was related to climate change. It will determine to what extent the damage and loss can be attributed to climate change and whether the government is responsible—and if so, to what extent [financially].” Such insights are crucial for determining the liability of parties when enforcing existing legal provisions.
The judiciary’s leadership at COP29 also reaffirms Pakistan’s commitment to climate justice. But judicial rulings alone cannot reverse the environmental crisis
Justice Malik concluded with a forward-looking vision: “Let’s enforce what we already have.” Her pragmatic yet ambitious approach blends enforcement of existing legal provisions with collaboration between policymakers and judges, outlining a pathway for legal progress rooted in evidence-based policies.
This renewed call by Pakistan’s judiciary to bring climate science into judicial decision-making reflects a broader vision of equipping courts with the knowledge and tools to address climate-related disputes effectively. Climate science is vital at all levels of decision-making, meaning the government must prioritise and invest in research and data.
In the past Pakistan’s judiciary, acknowledging its responsibility, has delivered landmark rulings to safeguard the environment. The Shehla Zia vs. WAPDA(1994) case expanded the scope of Article 9 (right to life), holding that environmental hazards posed by high-voltage transmission lines constituted a violation of fundamental rights. In Asghar Leghari vs. Federation of Pakistan (2015), the Lahore High Court (LHC) ordered the federal government to enforce its National Climate Change Policy (2012) and establish a Climate Change Commission. The court ensured continuous oversight, emphasising the need for implementing climate adaptation strategies to protect food, water, and energy security.
In Sheikh Asim Farooq vs. Federation of Pakistan (2019), the LHC ordered the implementation of forest conservation laws, including the Forest Act of 1927 and the Punjab Plantation and Maintenance of Trees Act of 1974, compelling authorities to fulfill their statutory obligations to manage and grow forests. In Collector of Customs vs. Waseef Ullah and others (2022), the Supreme Court upheld tax exemptions on Hybrid Electric Vehicles (HEVs), recognising their role in reducing emissions and combating climate change. The court stressed the need for effective implementation of climate laws, declaring that mere legislation without action is “useless and ineffective.”
As a signatory to international agreements like the Paris Agreement, Pakistan has committed to science-based strategies for climate adaptation. Leveraging international funding and partnerships under these frameworks can accelerate the development of climate research infrastructure in Pakistan. The judiciary’s leadership at COP29 also reaffirms Pakistan’s commitment to climate justice. But judicial rulings alone cannot reverse the environmental crisis.
The smog crisis, melting glaciers, and devastating floods demand immediate action. Pakistan must prioritise climate resilience through science-based policies, enforce its environmental laws, and honour its international commitments. The judiciary’s efforts, combined with proactive governance and community engagement, can pave the way for a sustainable future.
Justice Malik’s emphasis on scientific evidence, financial sophistication, academic research, and judicial involvement in environmental discussions provides a pathway for informed and effective climate governance. As the world presses for climate adaptation and mitigation, Pakistan cannot afford to lag behind. Developing climate science is a constitutional obligation.