Environmetal issues in declining society
Global environment, wherein life is possible, is consequence of evolutionary process comprising millions of years. Life emerged as the most organized, advanced but complicated developed organism in Universe while human labour is the most advanced action of a living being based on most developed matter in the universe i.e. the human brain. Since pre-historical period, we find, hominids confronting with the fierce and powerful forces of nature upsetting the later and modifying the environment for their own interests. Charles Darwin's ‘Natural Selection' discussed relation between living beings and environment. But we can not overlook that survival of our ancestors became possible only due to their organized struggle against giant forces of nature. Even early simple inventions and discoveries, which seemed like children's toys, ensured the survival of the man by resisting the attacks of nature. These inventions or instruments were early sources of interference in the nature. Natural process was started to be disturbed by the deliberate and organized labour of human being. These bonafide actions, committed thousand of years ago, ultimately caused our presence in this hall. I used word bonafide as the intention was the survival of the physical existence of humankind. Legal terms ‘Bonafide' and ‘Malafide' require more consideration in examining the certain actions upsetting the natural environment.
As the nature always remained basic source of the resources hence with the passage of time ‘intention to capture the natural resources' emerged as primary bone of contention among human being. Powerful groups or persons emerged with exploitation of human labour for their own personal interests. State came in to existence being an instrument in the hands of the economically powerful entities. Nature was started to be disturbed for the survival of power and vested interests of certain classes (with malafide). Rise of Capitalism transforms these powers to blind but invisible forces: International environmental organizations allege big businesses and powerful developed states especially USA of deliberate injuring the nature and destroying the human friendly environment in order to accumulate their profits by hook or by crook: human labour still plays core and imperative role in process of upsetting the nature though being exploited for the interests of Monetary Capitalism. From Climate change treaties to Biosafety protocol meetingsUSAand giant Trans-national corporations always attempted to denounce environment friendly efforts. Today in campaign ‘Occupy Wall Street' American people have gotten the elimination of capitalism is necessary to make man master of the nature and to develop human friendly environment.
However Pakistan faces worst condition where term ‘environment' is deemed to conditions of an area concerning air, land and water that is why even many state's institutions have confined their works to the same specified filed. Recent disasters including two floods and Dengue fever are alarms for the furious disasters in near future.
We can not discuss environmental laws apart from social and political condition of the country, state policies, decline of institutions, lawlessness, corruption and other criminal activities when the interests of people had been completely ignored at the cost of those of certain class. When in our neighbour, Indian legislature was going to insert certain environment friendly Articles and clauses in Constitution our political leaders were struggling for fixation of weekly holiday on Friday instead of Sunday. Constitution ofIndiaprovides comprehensive provisions regarding protection of nature and environment casting duties upon State as well as citizens to protect and improve natural environment. On the other hand Constitution of Pakistan 1973 provides liability upon state to impose a specific religious way of life upon citizens; which ultimately provided justification to certain forces in Pakistan (even involved in cutting trees illegally) to cut collars of shirts of the inhabitants to make the dress Islamic. It is not strange to find in media articles condemning a renowned physicist who had made concerns upon safety measures of nuclear power plants inPakistanafter the bitter experience occurred inJapanin 2011 quake. I am sure that no government inPakistancan enforce any international accord, within country, of denuclearization since withdrawal from an ‘Islamic bomb' can never be tolerated. Such kind of sentiments in societies ofPakistanmade the people ignorant of environmental awareness. Even educated persons expresses their pleasures upon natural disasters in any non Muslim country like USA or India ignoring this fact that even a slight natural disturbance on one side may affect other side of the globe. Chaos theorists believe that a wings' fluttering of a butterfly inJapanmay cause storm on the eastern shores ofUnited States. Any nuclear accident inIndiamay affectPakistanas monsoon system blows fromIndiatoPakistan.
Where the question of environmental protection laws inPakistanis, the same do not cover the severity of heinous crime i.e. the environmental disaster. Maximum punishment provided for the offence of cutting trees is fine of Rupees Five Thousand. There is no law or rule binding the citizens and official persons to lift and fix a tree along with its roots from one place to other instead of cutting the same.
Although Pakistan Environmental Protection Act 1997 provides comprehensive definitions of environment, pollution, noise and ultimately offences injuring environment but the question is the implementation of the same in proper way. Section 15 of the Act, dealing with motor vehicles, is not implemented; even traffic police department, road transport authority as well as excise department pay no heed to the physical fitness of the vehicle as provided in other laws.
Hardly a few cases can be found regarding offences provided in chapter XIV of Pakistan Penal Code relating to public health, safety and nuisance. Maximum punishment provided for a malignant act causing spread of infection of disease dangerous to life is only two years imprisonment. Police can not take cognizance of an offence injuring people at large but violation of ethical values is bigger crime then the former therefore former offences are committed openly and many peoples even feel pride upon the same such as smoking in public places, use of loudspeakers, vibration of public and private vehicles, installation of mobile towers in residential areas, open sale of smuggled and prohibited items, affecting environment such as lazer beam, including stolen those from NATO containers in, public markets. There is no law inPakistanto check the standard of mobile phone sets being smuggled or legally imported inPakistan.
Not only this few weeks ago blasts in drainage system inLahoretells another fearful story threatening the lives of citizens. Lack of public transport system forced the people to travel in their own private vehicles or taxis resulting overloading of traffic in cities. Sky-scraping buildings disturbed the environment badly in big cities. In Karachi once ground floor flat was considered well ventilated but now the situation is different: hot and sunny upper floor flats are better than the former, that is why the Honourable High Court of Sind passed remarks regarding "need of comprehensive rules on designated subject to be framed on modern and scientific lines as well as in consonance with the provisions of Environmental Protection Act 1997" (PLD 2010 Karachi 236).
Failure of ruling establishment to meet the challenges of aftermath of natural disasters makes the environment worse. Floods fertilize the agricultural lands but in recent floods government did not make any plan to take advantage of the same.
Power crises caused spread of hazardous pollution in the residential areas due to use of noisy generators of which fitness certificate is not a legal requirement. Several diseases including Hepatitis, brain disorder, chest and lungs infections are common today due to environmental disorder in society.
Sanctuary of lives & properties of citizens is claimed by bourgeoisie as basic responsibility of a state but Pakistani state focussed security of geographical borders of the country as her solitary responsibility. Policy to ignore the citizens' problems and difficulties encouraged selfishness and alienation in society due to which individuals started to ignore common objects, collective resistance and social duties including protection and improvement of environment. Poverty, uncertainty and insecurity have made the large section of population psychological patients.
And now if any government even desires can not handle such kind of situation especially in an era whenPakistanis facing her worst kind of crises and unable to resolve even one of those. Question remained no more to implement existing laws or to introduce new law. Only solution is to admit this factual position that 65 years old worn-out system is not able to run more. Change is requirement in every sphere of society as the change or movement is only truth in nature.
But prior to any revolutionary change Political parties, environmental experts and social groups should present an Interim programme containing recommendations including that all the citizens to be dealt with law equally, Implementation of environmental existing laws and introducing of new laws, elimination of domination of imperialist transnational corporations upon the state institutions including legislature. (Can be learnt from recent ‘Occupy Wall Street' movement ), establishing friendly relations with all the neighbours to reduce the arms race in the region, establishing a powerful and authorized regional environmental organization, government officials (whatever their grade and rank be) should not be allowed to use governmental vehicles and buses be provided to departments for convenience of the officials and officers, withdrawal from WTO, elimination of smuggled vehicles, Restoration of Rail and public transport on immediate bases, Record of Customs, Income Tax and Excise departments be placed for public perusal on internet, new laws be introduced for mobile phones and other modern technological devices to reduce the danger of radiological rays and Solar energy system be encouraged and government should announce subsidy on these reducing the custom duty zero percent on solar items.
As the nature always remained basic source of the resources hence with the passage of time ‘intention to capture the natural resources' emerged as primary bone of contention among human being. Powerful groups or persons emerged with exploitation of human labour for their own personal interests. State came in to existence being an instrument in the hands of the economically powerful entities. Nature was started to be disturbed for the survival of power and vested interests of certain classes (with malafide). Rise of Capitalism transforms these powers to blind but invisible forces: International environmental organizations allege big businesses and powerful developed states especially USA of deliberate injuring the nature and destroying the human friendly environment in order to accumulate their profits by hook or by crook: human labour still plays core and imperative role in process of upsetting the nature though being exploited for the interests of Monetary Capitalism. From Climate change treaties to Biosafety protocol meetingsUSAand giant Trans-national corporations always attempted to denounce environment friendly efforts. Today in campaign ‘Occupy Wall Street' American people have gotten the elimination of capitalism is necessary to make man master of the nature and to develop human friendly environment.
However Pakistan faces worst condition where term ‘environment' is deemed to conditions of an area concerning air, land and water that is why even many state's institutions have confined their works to the same specified filed. Recent disasters including two floods and Dengue fever are alarms for the furious disasters in near future.
We can not discuss environmental laws apart from social and political condition of the country, state policies, decline of institutions, lawlessness, corruption and other criminal activities when the interests of people had been completely ignored at the cost of those of certain class. When in our neighbour, Indian legislature was going to insert certain environment friendly Articles and clauses in Constitution our political leaders were struggling for fixation of weekly holiday on Friday instead of Sunday. Constitution ofIndiaprovides comprehensive provisions regarding protection of nature and environment casting duties upon State as well as citizens to protect and improve natural environment. On the other hand Constitution of Pakistan 1973 provides liability upon state to impose a specific religious way of life upon citizens; which ultimately provided justification to certain forces in Pakistan (even involved in cutting trees illegally) to cut collars of shirts of the inhabitants to make the dress Islamic. It is not strange to find in media articles condemning a renowned physicist who had made concerns upon safety measures of nuclear power plants inPakistanafter the bitter experience occurred inJapanin 2011 quake. I am sure that no government inPakistancan enforce any international accord, within country, of denuclearization since withdrawal from an ‘Islamic bomb' can never be tolerated. Such kind of sentiments in societies ofPakistanmade the people ignorant of environmental awareness. Even educated persons expresses their pleasures upon natural disasters in any non Muslim country like USA or India ignoring this fact that even a slight natural disturbance on one side may affect other side of the globe. Chaos theorists believe that a wings' fluttering of a butterfly inJapanmay cause storm on the eastern shores ofUnited States. Any nuclear accident inIndiamay affectPakistanas monsoon system blows fromIndiatoPakistan.
Where the question of environmental protection laws inPakistanis, the same do not cover the severity of heinous crime i.e. the environmental disaster. Maximum punishment provided for the offence of cutting trees is fine of Rupees Five Thousand. There is no law or rule binding the citizens and official persons to lift and fix a tree along with its roots from one place to other instead of cutting the same.
Although Pakistan Environmental Protection Act 1997 provides comprehensive definitions of environment, pollution, noise and ultimately offences injuring environment but the question is the implementation of the same in proper way. Section 15 of the Act, dealing with motor vehicles, is not implemented; even traffic police department, road transport authority as well as excise department pay no heed to the physical fitness of the vehicle as provided in other laws.
Hardly a few cases can be found regarding offences provided in chapter XIV of Pakistan Penal Code relating to public health, safety and nuisance. Maximum punishment provided for a malignant act causing spread of infection of disease dangerous to life is only two years imprisonment. Police can not take cognizance of an offence injuring people at large but violation of ethical values is bigger crime then the former therefore former offences are committed openly and many peoples even feel pride upon the same such as smoking in public places, use of loudspeakers, vibration of public and private vehicles, installation of mobile towers in residential areas, open sale of smuggled and prohibited items, affecting environment such as lazer beam, including stolen those from NATO containers in, public markets. There is no law inPakistanto check the standard of mobile phone sets being smuggled or legally imported inPakistan.
Not only this few weeks ago blasts in drainage system inLahoretells another fearful story threatening the lives of citizens. Lack of public transport system forced the people to travel in their own private vehicles or taxis resulting overloading of traffic in cities. Sky-scraping buildings disturbed the environment badly in big cities. In Karachi once ground floor flat was considered well ventilated but now the situation is different: hot and sunny upper floor flats are better than the former, that is why the Honourable High Court of Sind passed remarks regarding "need of comprehensive rules on designated subject to be framed on modern and scientific lines as well as in consonance with the provisions of Environmental Protection Act 1997" (PLD 2010 Karachi 236).
Failure of ruling establishment to meet the challenges of aftermath of natural disasters makes the environment worse. Floods fertilize the agricultural lands but in recent floods government did not make any plan to take advantage of the same.
Power crises caused spread of hazardous pollution in the residential areas due to use of noisy generators of which fitness certificate is not a legal requirement. Several diseases including Hepatitis, brain disorder, chest and lungs infections are common today due to environmental disorder in society.
Sanctuary of lives & properties of citizens is claimed by bourgeoisie as basic responsibility of a state but Pakistani state focussed security of geographical borders of the country as her solitary responsibility. Policy to ignore the citizens' problems and difficulties encouraged selfishness and alienation in society due to which individuals started to ignore common objects, collective resistance and social duties including protection and improvement of environment. Poverty, uncertainty and insecurity have made the large section of population psychological patients.
And now if any government even desires can not handle such kind of situation especially in an era whenPakistanis facing her worst kind of crises and unable to resolve even one of those. Question remained no more to implement existing laws or to introduce new law. Only solution is to admit this factual position that 65 years old worn-out system is not able to run more. Change is requirement in every sphere of society as the change or movement is only truth in nature.
But prior to any revolutionary change Political parties, environmental experts and social groups should present an Interim programme containing recommendations including that all the citizens to be dealt with law equally, Implementation of environmental existing laws and introducing of new laws, elimination of domination of imperialist transnational corporations upon the state institutions including legislature. (Can be learnt from recent ‘Occupy Wall Street' movement ), establishing friendly relations with all the neighbours to reduce the arms race in the region, establishing a powerful and authorized regional environmental organization, government officials (whatever their grade and rank be) should not be allowed to use governmental vehicles and buses be provided to departments for convenience of the officials and officers, withdrawal from WTO, elimination of smuggled vehicles, Restoration of Rail and public transport on immediate bases, Record of Customs, Income Tax and Excise departments be placed for public perusal on internet, new laws be introduced for mobile phones and other modern technological devices to reduce the danger of radiological rays and Solar energy system be encouraged and government should announce subsidy on these reducing the custom duty zero percent on solar items.