Right to Clean Environment in Nepal is an Arduous Task

Constitution Study #13: A discussion of Article 30, the Right to Clean Environment, its implications and challenges in Nepal

We can’t live healthily without clean environment. The Constitution of Nepal recognises this necessity and guarantees the Right to Clean Environment as a fundamental right. However, as with the fundamental rights discussed in this Constitution Study series, attaining clean environment is an uphill task.

Right to Clean Environment in the Constitution

Article 30 of the Constitution states:

(1) Every citizen shall have the right to live in a clean and healthy environment.

(2) The victim shall have the right to obtain compensation, in accordance with law, for any damage caused by environmental pollution or degradation.

(3) This Article shall not be deemed to prevent the making of necessary legal provisions for a proper balance between environment and development in development works of the nation.

Difficulties in Implementation

Although the Constitution guarantees a clean environment for everyone, and the victims have the right to compensation for damage, environmental degradation is a huge problem, especially in the urban areas. Dusty congested roads, unmanageable traffic, and non-existent sewage management have been chronic problems, even in the capital city, Kathmandu.

Lack of proper urban planning and implementation of existing plans have made cities hazardous to live. Pollution-induced diseases are on the rise. For instance, 75 percent of chronic obstructive pulmonary disease cases, 46 percent of strokes, 44 percent of ischemic heart disease, 41 percent of lower respiratory infections, 38 percent of lung cancer, 30 percent of neonatal issues like low birth weight and preterm birth, and 20 percent of diabetes (Source: World Bank Report on Clean Air in Nepal).

Moreover, smog from forest and field fires disturbs the normal functioning of people all over Nepal. Since the smog originates not only in Nepal but also in India, transborder pollution has been a major environmental issue of late.

Similarly, river pollution has increased the risk of water-borne diseases, more prominently in the urban areas. Landfill management is also a challenging aspect of urbanization in Nepal.

Also, an increase in natural disasters has led to the destruction of the habitable environment in many parts of Nepal.

Plans for better environment

1. SDGs

The United Nations’ Sustainable Development Goals (SDGs), adopted in 2015, integrate environmental sustainability as a central pillar of development. Several goals explicitly relate to achieving the right to clean environment:

• SDG 6 (Clean Water and Sanitation): Ensure availability and sustainable management of water and sanitation for all, including reducing pollution, eliminating dumping, and minimising release of hazardous chemicals.
• SDG 7 (Affordable and Clean Energy): Promote renewable energy and energy efficiency, reducing environmental impacts of energy generation.
• SDG 11 (Sustainable Cities and Communities): Reduce adverse environmental impacts of cities, including air quality and waste management.
• SDG 12 (Responsible Consumption and Production): Ensure sustainable use of natural resources and reduce waste generation.
• SDG 13 (Climate Action): Take urgent action to combat climate change and its impacts.
• SDG 14 & 15 (Life Below Water & Life on Land): Reduce water and terrestrial pollution, halt biodiversity loss, and restore degraded ecosystems.

2. Sixteenth Plan

The Sixteenth Plan (2024/25–2028/29) focuses on different environmental issues, including:

Environmental Dimension	Key Actions in the 16th Plan
Climate Change & Mitigation	Implementation of emission-reduction strategies, renewable energy, and energy-efficient policies
Green Economy & Biodiversity	Minimizing development impacts; promoting clean infrastructure; natural resource conservation
Financing & Coordination	Accessing international climate finance; engaging stakeholders; multi-agency collaboration
SDGs & LDC Graduation Strategy	Embedding climate risk management within broader development and transition frameworks

3. Laws and Policies

Nepal has adopted laws and policies to meet SDGs as well as the right to clean environment. Some of them are:

• Environment Protection Act 2019 and related regulations provide a legal framework for pollution control, EIA/IEE requirements, and environmental accountability.
• Nationally Determined Contributions (NDCs): Under the Paris Agreement, Nepal has committed to reaching net-zero emissions by 2045.
• Kathmandu Valley AirQuality Management Action Plan, 2020 at the municipalities within Kathmandu Valley.
• Ongoing investment in solar, micro-hydro, and biogas projects for rural electrification.
• Climate resilience projects funded through the Green Climate Fund (GCF) and Climate Change Policy (2019).
• Protection of endangered species, such as rhinos and tigers.
• Community forestry programmes (with over 22,000 forest user groups) have empowered local communities in sustainable forest management.

Silver Linings

Although the task of maintaining the right to clean environment has been difficult, there are some notable attempts.

• The following lawsuits have worked towards ensuring the right to clean environment:

Case / Issue	Outcome / Significance
Godawari Marble industry (1992)	Recognized environmental right within Right to Life; affirmed locus standi
Bagmati River dumping (2000–01)	Stopped dumping; required environmental assessments
Vehicular pollution (2003)	Enforced emissions standards; cleaner fuels
Illegal brick kilns (2005)	Ordered closure of polluting kilns
Groundwater misuse (2010)	Enforced regulation of groundwater extraction
Fewa Lake cable car (2018)	Protected ecosystem; highlighted environmental rights
Nijgadh airport (2019–22)	Halted project due to flawed EIA
Climate law case (2018–19)	Mandated new climate law and implementation of policies
Chure excavation (2023)	Declared ecocide; halted harmful extraction
Ongoing PILs (2025)	Public interest litigation a growing tool for environmental justice

• Nepal generates over 90% of its electricity from hydropower, contributing to SDG 7.
• A New York Times article has recently reported that 76% of the imported cars in Nepal are electric.
• Nepal has established 20 protected areas (national parks, wildlife reserves, conservation areas) covering over 23% of its territory—well above the global target of 17%.

Conclusion

Despite having the Right to Clean Environment is a constitutional mandate, Nepal has not been able to implement it properly due to political constraints, lack of coordination between the three federal units, lack of awareness among people, and transboundary pollution. It is of utmost importance to align policies towards clean environment and sustainable development, improve coordination between the federal levels, and address transboundary pollution through diplomatic approaches.