Nepal's Supreme Court Uses Judicial Activism to Fight Pollution

By Deepak Gajurel KATHMANDU, NEPAL, December 10, 2004 (ENS) – The Supreme Court of Nepal is cracking down on pollution in the Kathmandu Valley and across the country in a string of decisions in favor of public health and a clean environment. In case after case, the top court is ruling in favor of public interest advocates and against polluters. On Wednesday, the Supreme Court ordered the Ministry of Population and Environment to carry out investigation into the manufacture and use of polythene bags to ascertain whether they pose hazards to human health and the environment. "If the probe reveals that polythene bags pose dangers to public health and the environment, the production of these bags will have to be banned and alternatives to replace them must be explored," the Supreme Court directed the ministry on Wednesday. A division bench of Justices Anoop Raj Sharma and Bal Ram K.C. issued the order. The judges also ordered the ministry to carry out scientific research with the assistance of the Department of Chemistry, Tribhuvan University; Royal Nepal Academy of Science and Technology; representatives of municipalities in the Kathmandu Valley; and the Federation of the Polythene Bag Producers. The court has set mid-July […]

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