The field in which I have worked for a long time is justice. There are many dimensions of justice within it. However, one of the important dimensions is environmental justice. Recently, there has also been talk of climate justice. While in service and after retiring as a judge of the Supreme Court, I am currently involved in research and teaching in the field of environment and climate justice.

Therefore, in the context of my experience, studies, and current endeavors, I would like political parties to include some things in their manifestos on environmental protection and climate justice in accordance with the core spirit of the constitution. 

Our constitution is the youngest constitution in the South Asian region. Although this constitution was promulgated shortly before the Paris Agreement on climate change, the main issues covered by the Paris Agreement are included in the current constitution. For example, Article 30 of the constitution guarantees not only the right to a 'clean' environment but also the right to a 'healthy' environment. A healthy environment is also essential for healthy human life. An unhealthy environment is unacceptable from the perspective of human rights. Our constitution has gone further and guaranteed the right to compensation not only for environmental pollution but also for those who suffer from 'environmental degradation'. In addition, the state has also committed to making necessary laws for a proper balance between environment and development. Clean drinking water, free basic health care, nutritious food, suitable housing to protect against adverse weather and environment, and social security for the poor, neglected and minority groups are other rights guaranteed by the Constitution. 

Even if Nepal reduces greenhouse gas emissions, we cannot escape the obligations of the agreement after becoming a party to international treaties and agreements.   Most importantly, the Constitution has accepted ‘environmentally sustainable development’ as a principle of state policy in Article 51 (g) (8). In my opinion, this terminology is not only extremely important, but it also indicates the main path of development that we will now follow in the context of a country like ours that is facing environmental challenges. Therefore, when expressing their views on future programs, political parties should make ‘environmentally sustainable development’ the main policy of Nepal’s development and plan programs in a way that is consistent with that principle.  

The country is suffering huge losses due to environmental destruction. On top of that, the damage caused by climate change has had a serious impact on the economy. A study conducted by the Ministry of Forests and Environment a few years ago estimated that deaths due to climate change account for about 65 percent of all deaths due to natural disasters. The economic loss due to the same is 0.8 percent of the Gross Domestic Product (GDP). In the context of the increasing impacts of climate change, this loss can also be easily estimated. In the past 10 years, there has been an increase in the number of landslides and floods caused by these causes, as well as fires caused by the sudden increase in temperature in the past 10 years. Studies have also shown that the impact of temperature has increased in the Himalayan region compared to other regions. 

Even if Nepal reduces its greenhouse gas emissions, we cannot escape the obligations of the agreement after becoming a party to international treaties and agreements. However, there is currently a situation where countries that make promises at the international level are not ready to implement them. We are not even able to talk to our neighbors about the damage caused by the eruption of glaciers in neighboring countries (for example, the flood in Rasuwa) or the impact and preventive measures taken by them due to the black carbon emitted by burning stubble or coal-fired power generation in the Himalayas. The advisory opinion given by the International Court of Justice on July 23 last year has provided some new formulas for finding solutions to problems within the country, through bilateral and multilateral negotiations, to countries with challenging geography like ours. However, how much do people in the state machinery understand these things? It is impossible to say. It can be said that no satisfactory work has been done in any area regarding environmental protection or reducing the impact of climate change. 

The problems caused by environmental destruction are numerous. Even when talking about the problems seen on the surface, flood and landslide victims have not been rescued, agricultural production is decreasing due to rising temperatures, and biodiversity has been adversely affected. It is impossible to talk about the terror of monkeys, dumshi, nilgai, leopards, tigers and other wild animals in the hills and settlements near the forest. Farmers are suffering due to the lack of crop insurance. Water pollution and air pollution have crossed the limit. Even looking at today's Air Quality Index, Kathmandu is among the 25 most polluted cities in the world. Out of the 25 cities with the worst record in air pollution, 21 are in South Asia and China. However, neither have we been able to reduce pollution in cities including Kathmandu, nor have we been able to raise the issue even when the entire country is affected by pollution in the neighborhood. Contrary to the Supreme Court's verdict and directives, the 'environmental services' provided by farmers in the hill and mountainous regions have not been evaluated. Neither has the exploitation of the Chure area been stopped, but instead, in direct challenge to the court's verdict, plans for stone, gravel, and sand extraction have been included in the annual budget. It is as if stone, gravel, and sand collectors have captured the politics of the federal, provincial, and local levels. 

The problem is not in the constitution, but in our backward thinking. Even when laws have been made in accordance with the spirit of the constitution and have become laws, they have not been implemented effectively. In a country with 22-23 percent arable land, the arable land or its productivity has not been protected. The problem is not in the constitution, but in our backward thinking. Even when laws have been made in accordance with the spirit of the constitution and their effective implementation has not been possible. In a country with 22-23 percent arable land, the protection of arable land or its productivity has not been achieved. Neither has the fragmentation or change of purpose of land been stopped. Farmers directly involved in agriculture have not been identified and their profession or production insured. After a long effort, the Land Use Act was issued, but it has not been implemented effectively. Although the law on national parks exists, amendments have been made to defeat its original purpose. The interdependent relationship between land, water, and forests has not been implemented in policies and plans. There is a lack of coordination between ministries and departments, and despite the preparation of fake environmental study reports and numerous violations in the environmental sector, such issues have not been controlled by taking effective steps. The situation seems to be getting out of control due to the lack of both budget and good governance.  

Now the first issue that needs to be improved is the formulation and implementation of plans. A national plan should be formulated keeping the principle of ‘environmentally sustainable development’ mentioned in Article 51 (g) (8) of the Constitution at its core. The effectiveness of the periodic plans that have been made by the Planning Commission so far in a ritualistic manner is very low. They do not lead us anywhere. Therefore, if periodic plans can be formulated taking into account the instructions received in the context of mobilization of natural resources and reduction of natural disasters mentioned in the Constitution as a fundamental right and in the principles of state policy, they will help not only the executive and legislature, but also the judiciary. Justice can be more balanced.

As the final interpretation of the Constitution, the Supreme Court has given various judgments on environmental protection. Let alone the effective implementation of those judgments, the courts are portrayed as anti-development institutions in the political and non-judicial spheres. If policies and plans are formulated by carefully considering the instructions of the constitution, laws can be made to support the policies and plans, and the situation of working under the pressure of vested interests will end. If plans are formulated at the national, provincial and local levels to translate the principle of 'environmentally sustainable development' adopted by the country into action with facts, figures, maps and appropriate standards that can be understood even by the courts, sustainable development will gain momentum. 

Another thing to consider in this context is the federalism adopted by the country. Under the three-tier federalism, each tier has been given some or the other authority in the environmental aspect through various schedules. However, if we look deeper into the schedules, it is seen that the authority given to one tier is related to the other tier. For example, the protection of water resources has been placed under the authority of the association. Similarly, large central-level electricity and irrigation projects, mining, land use policy, environmental adaptation, parks, national forests, and carbon services have been placed on the list of the association. However, provincial-level electricity, irrigation, drinking water, land management, land records, mining exploration, Guthi management, water use, environmental management, etc. are included in the provincial list. Similarly, distribution of real estate ownership certificates, agriculture and animal husbandry, drinking water disaster management, etc. are included in the local-level list. Some provisions are also in the common list. In other words, in short, the schedules confuse us more than they provide clear guidance. Therefore, it is necessary to formulate development plans taking into account the federalism that accepts cooperation, coexistence and coordination as guiding principles adopted by the country and the inclusive character of the country. 

The current provisions in the schedules have created some uncomfortable situations. Therefore, it seems necessary to move forward by making necessary amendments to the constitution, keeping in mind the ‘aspiration of sustainable peace, good governance, development and prosperity’ adopted by the constitution. To put it bluntly, under the umbrella concept of 'environmentally sustainable development', political parties should prioritize the following:

1. Considering the interdependent relationship between water, forest and land and the impact of all three on the agricultural system, amend the relevant laws to prioritize the conservation, sustainable use and sharing of natural resources. For that, amend the Water Resources Act, repeal the Land Revenue Act and issue the Land Management Act, and effectively implement the Land Use Act. For that, discourage the conversion and use of agricultural land into non-agricultural areas. 

2. To follow the policy of sustainable use of water resources by conducting a detailed study of river systems and basins for the development of hydropower, and as ordered by the Supreme Court in the case of Chakra Bahadur Roka (Upper Karnali case), a certain percentage (at least two percent) of the revenue generated from the development of hydropower should be transferred annually directly through local levels for education, health, agriculture, watershed protection and employment creation for the environmental services rendered by the people of the watershed. If this is done, the current demand for free shares in the name of Gen-G and other demands made at the local level will also fade away.

Identify specific farmers involved in agriculture for the protection of agriculture and farmers, protect crops through comprehensive insurance, and effectively end the terror caused by wild animals. Prevent the destruction of agricultural areas due to natural disasters and arrange for relief and rehabilitation. 3. Currently, the lakes, wetlands and ponds in the country have not been effectively protected. A study conducted a few years ago showed that out of 573 watersheds in Kathmandu alone, 280 watersheds currently do not receive water, 42 have disappeared, and 94 have been erased. Even in the living watersheds, water is only available to a limited extent. After years of deliberation, discussion and deliberation, the Supreme Court's order to 'leave a 65-meter setback open around the lake' to prevent encroachment of Fewa Lake has not been implemented. Encroachment of Rara Lake is increasing, and in the context of the poor conservation status of historical ponds in the Terai including Janakpur, a master plan should be formulated and implemented, giving priority to the conservation of ponds, wetlands, ponds and hiti systems.  

4. Currently, on the one hand, the forest area is increasing, on the other hand, the import of wood has also increased. Therefore, the experience gained in the field of community forests should also be integrated. त्यसका लागि काष्ठ तथा गैरकाष्ठ उत्पादनहरूको विकास र उपयोग गर्ने सन्दर्भमा पारिस्थितिकीय प्रणालीमा उल्लेखनीय रूपमा प्रतिकूल असर नपर्ने गरी प्रदेश, स्थानीय तह र समुदायसमेतको सहभागितामा राष्ट्रिय वन उपयोग गुरुयोजना निर्माण गरी वन र जैविक विविधताको दिगो संरक्षण, दिगो उपयोग र लाभको बाँडफाँटको योजना निर्माण गरी लागू गर्ने । कार्बन व्यापारमार्फत हुने लाभलाई प्राथमिकता दिँदै प्राप्त लाभको न्यायोचित वितरणको प्रबन्ध गर्ने ।

५.चुरे क्षेत्रको संवेदनशीलतालाई समेत मध्यनजर गर्दै सर्वोच्च अदालतको फैसलाबमोजिम संवेदनशील चुरे र भावर क्षेत्रको विनाश रोक्न र राष्ट्रपति चुरे संरक्षण गुरुयोजनाको प्रभावकारी कार्यान्वयन गर्न तत्कालै सो क्षेत्रबाट ढुंगा, गिट्टी, बालुवाको उत्खनन–दोहन रोक्ने । तिनको निकासलाई प्रभावकारी रूपमा रोकी सो सम्बन्धमा राष्ट्रिय आवश्यकतालाई सम्बोधन गर्न विज्ञहरूसमेतको संलग्नतामा संसद्मा स्रोत संरक्षण र परिचालन ऐन पेस गरी चुरे र भावर तथा मधेशको दीर्घकालीन संरक्षण गर्ने ।

६.कृषि र किसानको संरक्षणका लागि कृषिमा संलग्न खास किसानको पहिचान गर्ने, विस्तृत बिमामार्फत बालीको समेत संरक्षण गर्ने, जंगली जनावरहरूले गरेको आतंकको प्रभावकारी रूपमा अन्त्य गर्ने । प्राकृतिक प्रकोपका कारण हुने कृषि क्षेत्रको विनाश रोक्दै राहत र पुनरुत्थानको प्रबन्ध गर्ने ।

७.जलवायु परिवर्तनको बढ्दो चाप र त्यसले पारेको प्रभावलाई सम्बोधन गर्न पेरिस सम्झौताको पक्ष राष्ट्रको हैसियतमा शून्य उत्सर्जनको लक्ष्य हासिल गर्न उत्सर्जन न्यूनीकरण गर्ने । अनुकूलन र हानिपुरण र क्षतिपूर्तिको सन्दर्भमा समेत हालै अन्तर्राष्ट्रिय न्यायालयले दिएको सल्लाहकारी रायसमेतलाई दृष्टिगत गर्दै राष्ट्रिय, क्षेत्रीय र अन्तर्राष्ट्रिय तहमा समेत वातावरण विनाश, जलवायु परिवर्तनका कारण हुने प्रतिकूल अवस्थालाई रोक्ने । राष्ट्र–राष्ट्रबीच सहयोग र सहकार्यको अभिवृद्धि गर्न, अन्तरदेशीय हानि रोक्न र हानिपुरण गर्न सबल राष्ट्रिय टोली निर्माण गरी वार्ताहरू गर्ने । 

८.हिमालय प्रणाली, यसको जैविक विविधताको संरक्षण र जलवायु परिवर्तनका कारण परेको प्रतिकूल प्रभाव रोक्न हिमालय क्षेत्रका देशहरूबीच एउटा क्षेत्रीय महासन्धिका लागि प्रयास गर्ने ।

माथि उल्लिखित विषय आमजनताको जीवनसँग जोडिएका अति संवेदनशील विषयहरू हुन् । यीबाहेक पनि अन्य कैयौं विषयहरू हुन सक्छन् । संविधानमा प्रत्याभूत मौलिक हकहरूलाई राज्य नीतिका सिद्धान्तहरूसँग जोडी पर्यावरणीय दिगो विकासको प्रवर्द्धन हुन सके संविधानले परिकल्पना गरेको आर्थिक र सामाजिक रूपान्तरण हासिल गर्न सकिन्छ । हरेक राजनीतिक दलले विज्ञहरूको टोली गठन गरी तत्काल उपलब्धि हासिल हुने, केही वर्ष लगातार काम गरे उपलब्धि हासिल हुने र दीर्घकालीन नीतिमा पारिनुपर्ने विषयहरू छुट्याउनु उपयुक्त हुन्छ । सबै मिलेर समन्वयात्मक रूपमा कार्य गरेमा पर्यावरणीय दिगो विकासको अवधारणाले साकार रूप लिन सक्छ । मुख्य कुरा त इच्छा शक्ति हो । सो भए माथि उल्लेख भएका विषयमा सुधारहरू गर्न सकिन्छ ।