Muhammad, who pressed charges against deforestation in his village nearly a decade ago, reflects on his ongoing battle for a healthier environment during a phone call. “I just want them to rule in my lifetime,” he shares with visible frustration.
In Pakistan, climate change impacts are palpable. From floods to heatwaves, the country faces severe environmental challenges. Courts have become critical players in this fight. Over the years, the judiciary has increasingly recognized the right to a clean environment. This journey began with a key case, the Shehla Zia case, where the Supreme Court of Pakistan recognized this right as part of the Constitution. Another significant ruling came in the Asghar Leghari case, reinforcing that protecting the environment is essential to constitutional rights.
In May 2025, the Peshawar High Court’s Abbottabad Bench criticized the government for failing to protect mountain ecosystems. This marked a shift; the court is now focusing on broader conservation, not just pollution problems.
However, the path to climate justice is not straightforward. A UNEP report from October 2025 highlights obstacles in climate litigation. There are structural and financial barriers that prevent many from accessing the courts. For example, civil society groups and public interest litigation are essential, yet these are often lacking in Pakistan.
Abira Ashfaq, an advocate from Habib University, emphasizes that dwindling NGO funding limits environmental claims in courts. Many cases fail to advance due to slow judicial processes. Muhammad’s case only reached the court thanks to a local NGO covering legal costs, but he worries about the shrinking resources available to support such initiatives.
Rafay Alam, a leading environmental lawyer, adds that climate law remains exclusive to a small group. He notes that few lawyers are willing to take on these cases due to the complexities involved. Furthermore, environmental law education is limited, keeping expertise within a tight circle.
These challenges extend to Environmental Tribunals. Judges may understand relevant laws but often lack exposure to climate science. This limits their ability to create effective climate jurisprudence in the long run.
The ramifications of these issues become even more evident in large development projects funded by international banks. Ashfaq points out that these institutions often prioritize project approval over environmental safeguards, which undermines the courts’ role in enforcing protections.
Globally, climate litigation has risen significantly. Between 1986 and 2025, cases from the Global South increased their share of climate litigation but still accounted for less than 10% of global cases. In climate-vulnerable countries like Pakistan, the need for effective judicial responses is urgent.
As climate change evolves, so too must the courts. The recent 27th Amendment to the Constitution, establishing a Federal Constitutional Court, complicates access to justice for environmental issues. Critics suggest that this change might hinder the judiciary’s role in safeguarding climate rights.
Ultimately, addressing the climate crisis in Pakistan calls for more than just legal reforms. It necessitates a overhaul of economic and development strategies. For the judiciary to play a meaningful role, it must eliminate barriers preventing vulnerable communities from seeking justice and bolster its capacity to navigate the complexities of climate change.
For further insights on climate litigation trends, you can check the UNEP report on global climate litigation cases here.
