LAHORE: The Lahore High Court (LHC) on Thursday issued notices to the Punjab government, the Environmental Protection Agency (EPA) and the City Traffic Police on a petition by a minor girl for the enforcement of the fundamental right to a clean and healthy environment.

Petitioner Amal Sukhera, 3, was represented by her mother Mehek Zafar.

Barrister Ali Zafar argued on behalf of the petitioner that despite clear legislative mandates, the government bodies failed to enforce existing environmental regulations adequately. He said there was no mechanism for regular testing of emissions of vehicles and no authorised officers have been appointed by the EPA to monitor or enforce these standards.

At the outset of the hearing, Justice Jawad Hassan questioned the maintainability of the petition. However, after reviewing the grounds of the case, the judge deemed it maintainable, allowing the case to proceed.

Justice Hassan also addressed a point whether a three-year-old child could file a petition in the high court. He observed that the Constitution grants the high court jurisdiction to hear cases filed by any aggrieved “party” within its territorial bounds, irrespective of age or citizenship status.

Justice Hassan adjourned the hearing till Nov 12 and instructed the government to ensure the presence of the provincial secretary of the Environment Protection Department and the director general of the EPA in court.

The petition seeks enforcement of Article 9A to guarantee the right to a clean environment and a strict implementation of the environmental laws and the rules.

It also seeks development of a robust system for regular emissions testing of vehicles in Punjab and appointment of authorised EPA officers to conduct vehicle inspections.

The petition demands initiation of public awareness campaigns and pollution control measures to reduce air pollution.

Published in Dawn, November 8th, 2024

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