“Climate action is not optional, it’s an imperative,” remarked the Secretary-General of the United Nations to world leaders at the Climate Action Summit during COP29 on November 12, 2024, in Baku, Azerbaijan.

Environmental destruction is no longer a distant concern; it has escalated into an urgent global crisis, with impacts felt worldwide. In the developed world, governments are increasingly categorizing severe ecological harm as a crime on par with genocide and crimes against humanity—a phenomenon referred to as ecocide. As of 2023, ecocide has been recognized as a crime in one form or another in 11 countries, with discussions ongoing in many others. Belgium, for example, has emerged as a recent leader in the European Union by criminalizing ecocide under Article 94 of its new Criminal Code in early 2024. This provision defines ecocide as the deliberate infliction of serious, widespread, and long-term environmental damage, punishable by up to 20 years of imprisonment for individuals and fines of up to €1.6 million (approximately $1.69 million) for corporations. This bold move reflects the growing recognition that environmental harm must be addressed with the same legal rigor as other grave offenses.

In stark contrast, Pakistan, where the effects of environmental degradation are devastatingly visible, has lagged in ensuring an effective legal response. On November 15, 2024, Pakistan’s Punjab province declared a health emergency in major cities, leading to a complete lockdown due to toxic smog escalating into a critical health crisis. Fair Finance Pakistan estimates that air pollution causes at least 128,000 deaths annually, with the actual toll likely much higher. According to the Air Quality Life Index, air pollution in Pakistan shortens average life expectancy by 3.9 years, with Lahore, the capital of Punjab province, experiencing a reduction of 7 years. In addition, the catastrophic floods of 2022 affected 33 million people, displaced eight million, and resulted in more than 1,730 deaths and billions of dollars in financial damage. This occurred after the massive floods of 2010, which affected over 20 million people, causing more than 1,700 deaths and incurring billions in damages. Despite these devastating realities, Pakistan’s legal framework remains insufficient to protect the environment.

Pakistan recently enshrined Article 9A in its Constitution through the Twenty Sixth Constitutional Amendment in October 2024, thereby guaranteeing the right to a clean, healthy, and sustainable environment. This provision builds on earlier jurisprudence, notably the Shehla Zia v. WAPDA case (PLD 1994 SC 693), where the Supreme Court interpreted the right to life under Article 9 to include environmental protection. However, the effectiveness of this constitutional provision remains to be seen. The World Justice Project’s Rule of Law Index of 2024 highlights significant gaps in implementation, with Pakistan ranking 125th on the Fundamental Rights Index. This ranking indicates substantial challenges in protecting constitutional rights, whereas the country fares slightly better on the Criminal Justice Index. These rankings suggest that while issues persist with both fundamental rights and criminal law, the latter may offer more actionable avenues for addressing environmental concerns.

There is a growing demand for stricter penalties for those who violate environmental standards, with calls for fines and sentencing to more accurately reflect the gravity of environmental offenses. Ali et al., (2022), for instance, have explored the role of criminal law in addressing environmental issues in Pakistan, arguing that environmental crimes should be treated equivalently to other crimes. However, states often........

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