CLIMATE CHANGE AND INTERGENERATIONAL JUSTICE: A JUDICIAL ANALYSIS OF D. G. KHAN CEMENT V. GOVERNMENT OF PUNJAB CASE

Abstract

This paper examines the role of Pakistani courts in climate change cases, particularly through an analysis of the landmark case D.G. Khan Cement Company v. Government of Punjab. The case is significant for balancing of economic development and environmental conservation. The Supreme Court of Pakistan upheld a provincial government notification barring the expansion of cement plants in environmentally fragile areas. The court’s decision incorporated key environmental principles, including the precautionary principle, intergenerational justice, and the concept of environmental legal personhood. By framing the regulation as a climate-resilient measure, the court prioritised the protection of ecosystems over the economic rights of the petitioner, that is, emphasising sustainable development. The paper examines the legal framework underpinning climate litigation in Pakistan, the court’s reliance on scientific expertise, and the broader governance implications of this approach. It also addresses the limitations of judicial review in enforcing climate justice and proposes recommendations for strengthening environmental governance. This aims to contribute to understanding how Pakistani courts engage with climate change issues and their role in shaping the country’s legal and regulatory landscape for environmental protection.