2021 Domestic court Nepal Right to a healthy environment

Interim Order against Nepali Fiscal Policy

On 18 June 2021 the Supreme Court of Nepal issued an interim order requiring the government not to implement its plan to extract and export natural resources, namely sand, pebbles, and stones, in order to reduce its trade deficit. In doing so, it cited the fundamental right to a healthy environment, as well as the constitutional protection of resources for the enjoyment of future generations.

The Constitutional bench referred to Article 30 of the Constitution, which enshrines the right to a clean and healthy environment. It also referred to Article 51(g) of the Constitution, which concerns the protection, promotion and use of natural resources. It referred to the need to ensure inter-generational coordination and environmental balance.

Further information:

The order was made by a Constitutional bench made up of Chief Justice Cholendra Shumsher Rana and Justices Deepak Kumar Karki, Mira Khadka, Hari Krishna Karki and Bishwambhar Prasad Shrestha on 18 June 2021. Orders of the Supreme Court are available here.

Suggested case citation:
The Supreme Court of Nepal, Interim Order against Nepali Fiscal Policy, issued on 18 June 2021

To read more about the case in English, click here.

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