Facts

River advocates petitioned Nepal’s Supreme Court for a writ to protect the Karnali River from the construction of hydropower dams, citing their constitutional right to a healthy environment. The Karnali River is home to a wealth of unique biodiversity and ecosystems, and additionally provides critical ecosystem services for the humans and wildlife of Nepal. The Karnali became a subject of controversy when the government decided to construct hydropower dams, which petitioners alleged will result in environmental degradation and harm to communities.

Decision

Following the petitioner’s original filing, the Court requested additional information from both parties and confirmed that Article 30 of Nepal’s Constitution guarantees the R2HE of every citizen, further clarifying that the constitution aims to maintain a proper balance between development and the environment. Additionally, the Court noted that clauses (f) and (g) of Article 51 of the Constitution include the guiding principles of sustainable economic and social development in addition to policies regarding conservation, promotion and use of natural resources in accordance with the recognition of intergenerational justice – all of which entrust the government and its bodies with the responsibility to protect, promote and manage the Karnali river. Pending a final decision, the Court agreed to issue an interim order requiring the defendants to refrain from any actions that could pollute the river or impact its flow, environmental and ecological balance and aquatic diversity.

R2HE elements addressed in the case

Environmental and international law principles featured in the case

Strategies used by plaintiffs

Select practices employed by the court or system

Official Documents

• Decision