Raju Prasad Chapagain and others Vs.Government of Nepal and others.
Asia and the Pacific
The petition is demanding the environment friendly disposal and management of 75 tons of highly harmful and outdated toxic wastes stored insecurely in Amalekhgunj, Bara and other parts of the nation so as to preserve the fundamental birthright of the people to live in safe, fearless and healthy environment. The apex Court stated: For the subjects incorporated in the Policies of the State with a view to promote the rights to life and life in a clean environment, established as the fundamental rights, it is not only desirable but mandatory as well that the programmes of the State address to this issue. A mechanism has to be set up with enough financial and technical resources so as to compensate the damage done or likely be done to the local community and environment by the consequences of the hazardous pesticides. The stance of international power centers and economic powerhouses of manufacturing pesticides that are extremely injurious to the flora, fauna and ecology and their propensity to shift this unwanted liability on the poor and underdeveloped nations is condemnable as well as regrettable. The international community should come forward to accept the responsibility of its ghastly mistake. When the international community is lending a helping hand, Government of Nepal should also leap forward by partnering in the process attentively, for the safe management of these pesticides which are proved to be dangerous from the perspective of welfare of mankind and environment conservation. The natural right to life has been guaranteed and the right to life in a clean environment also has been accepted as a fundamental right in itself. Hence, the States responsibility is witnessed in honouring, obeying and fulfilling that right. In the same manner, it is mandatory that the State has to mobilize all channels, political and diplomatic, as espoused responsibility by international treaties and conventions. This equally holds true in dealing with the circumstances induced by international community or foreign nations.