The Case of Shehla Zia Versus WAPDA in Pakistan

Bridging Research and Policy
Research for Improving Policies and Laws: The Case of Shehla Zia Versus WAPDA
in Pakistan
This case study provides an example of strong linkages between research, policy and law in
relation to certain aspects of environmental pollution control in Pakistan. The case of Shehla Zia
versus Water and Power Development Authority (WAPDA) in Pakistan is the most celebrated
case, where scientific research induced debate has contributed to widening of the scope of Article
9 of the Constitution of Pakistan for improving environmental pollution control and laying a
foundation for the further growth of environmental case laws in Pakistan. In this case, residents in
Islamabad protested to WAPDA against planned construction of a grid station, with major
concerns that electromagnetic effects produced by high voltage transmission lines of the grid
station might cause serious health hazards for the residents of the area. Scientists and experts
remained unable to draw definite conclusions on adverse effects of electromagnetic fields on
human health, and WAPDA has relied, for this important initiative, on sources of research and
opinions that were outdated and not authentic. Paucity of financial resources, lack of research
capacity, non-existence of institutions, and lack of coordination across relevant organizations
were some of the major bottlenecks to undertaking research in this area. Further, the case
indicates that education and awareness of issues empowers people to fight against their rights,
and the sound scientific research could influence and help improve policies and laws. Discussion
in the case implies that research does not necessarily have to be demand driven, supply of
research also creates its own demand in refining or designing new policies and laws when policy
and law makers are confronted with new sets of problems and issues.
Authors:
Contact via:
Country/Region:
Tahseen Fatima Hussain
Director, Center for Sustainable Development Actions (CSDA)
1. 141/4 Writers Colony, Multan, Pakistan
2. 704/6 D.P wijesinghe Mawatha, Pelawtte, Battaramula, Sri Lanka
Tel: 94-1-786805
Email: tahseen@sltnet.lk
South Asia/Pakistan
Period described: 1992-1994
Main sector involved: Environmental Laws
Documentation:
Ms. Shehla Zia and Other Petitioners Versus WAPDA. Respondent,
Human Rights Case No. 15-K of 1992, heard on 12th February 1994,
Pakistan Law Digest (PLD) 1994, Supreme Court Case No. 693
www.elaw.org/search/results.aspwords=pakistan
This case study provides an example of strong linkages between research, policy and law in
relation to certain aspects of environmental pollution control in Pakistan. The case of Shehla Zia
versus Water and Power Development Authority (WAPDA) in Pakistan is the most celebrated
case, where scientific research induced debate has contributed to the widening of the scope of
Article 9 of the Constitution of Pakistan, for improving environmental pollution control and
laying a foundation for the further growth of environmental case laws in Pakistan.

Residents of Block F-6/1 in Islamabad protested to WAPDA against the planned construction of a
power/grid station in the Block. They pointed out that the electromagnetic field caused by the
presence of the high voltage transmission lines at the grid station would pose a serious health
hazard to the residents of the area, particularly the children, the infirm and the Dhobi-ghat
families living in the immediate vicinity. The presence of electrical installations and transmission
lines would also be highly dangerous to the citizens, particularly the children who play outside in
the area and that it would damage the greenbelt and affect the environment. It was also alleged
violate the principles of planning in Islamabad where the green belts are considered an essential
component of the city for environmental and aesthetic reasons. The final hearing of the Case was
held at the Supreme Court of Pakistan on 12th February 1994. Both sides produced research
material, including journal articles, expert opinions and comments from relevant organizations to
support their claims to the Court. These included published scientific material from developed
countries (mostly US, Canada and Sweden), relevant research material and expert opinions from
the Ministry of Water and Power, Sustainable Development Policy Institute, Council of Scientific
and Industrial Research, Lahore. The Court analyzed the material presented and its observations
were as follows:
'From the material produced on record, which contains updated studies and research, it seems that
so far no definite conclusion has been drawn by the scientists and scholars, but the trend is in
support of the fact that there may be the likelihood of adverse effects of electromagnetic fields on
human health. It is for this reason that in all the developed countries special care is being taken to
establish organizations for carrying on further research on the subject. The studies are, therefore,
not certain, but internationally there seems to be a consensus that the lurking danger which, in an
indefinite manner, has been found in individual incident and studies, cannot be ignored'.
WAPDA however insisted on executing the plan, which according to them is completely safe and
risk free. The material submitted by WAPDA was based on studies carried out two decades ago.
Their other statement was based on personal observation of their workers working in grid stations
and further afield where no such complaint has been made. The research and opinions relied upon
by WAPDA are not the best nor from authentic sources as they were merely relying upon old
opinions. In the present-day controversies, where every day new avenues are opened up, new
research is conducted and progress is being reported in the electrical fields, it would be advisable
for WAPDA to employ better resources and personnel engaged in research and study to keep
themselves up-to-date in scientific and technical knowledge, and adopt all measures necessary for
safety against the adverse effects of magnetic and electric fields.
On the other hand, the materials placed by the petitioners were the latest research carried out
examining the effects on health of magnetic fields and also on the possible dangers that may be
caused to human beings. In the absence of any definite conclusion that electromagnetic fields do
not cause childhood leukaemia and adult cancer, and in the presence of inconclusive studies, the
subject requires further research. Thus the conclusions drawn earlier in favor of the power
company are doubtful. The safest course seems to be to adopt a method by which danger, if any,
may be avoided.
The Court indicated that ‘at this stage it is not possible to give a definite finding on the claims of
either side. There is a state of uncertainty and in such a situation the authorities should observe
the rules of prudence and precaution. The rule of prudence is to adopt such measures which may
avert the so-called danger, if it occurs. The rule of precautionary policy is to first consider the
welfare and safety of the human beings and the environment and then to pick up a policy and
execute the plan that is more suited to obviate the possible dangers to make such alternate

precautionary measures that may ensure safety. To stick to a particular plan on the basis of old
studies or inconclusive research cannot be said to be a policy of prudence and precaution. There
are instances in American Studies that the power authorities have been asked to alter and mould
their program and planning in such a way that the intensity and the velocity is kept at the lowest
level’.
Further, it was observed that ‘it is a highly technical subject upon which the Court would not like
to give a definite finding, particularly when the experts and technical evidence produced are
inconclusive. In these circumstances the balance should be struck between the rights of the
citizens and also the plans which are executed by the power authorities for welfare, economic
progress and prosperity of the country … One cannot ignore that energy is essential for presentday
life, industry, commerce, and day-to-day affairs. The more energy is produced and
distributed, the more progress and economic development become possible. Therefore, a method
should be devised to strike balance between economic progress and prosperity and to minimize
possible hazards’.
The Court further recommended that ‘in fact a policy of sustainable development should be
adopted. It will thus require a deep study into the planning and the methods adopted by WAPDA
for construction of the grid station. The studies in USA referred to above have suggested that
certain modes can be adopted by which high tension frequency can be decreased. This is a purely
scientific approach which has to be dealt with and decided by the technical and scientific persons
involved in it. It is for this reason that both the parties have agreed that NESPAK (National
Engineering Services of Pakistan) should be appointed as a Commissioner to examine the plan
made by the petitioners and submit its report and if necessary to suggest any alteration or addition
which may be economically possible for constructing a grid station’.
It was highlighted that ‘being a developing country we will need many such grid stations and
lines for transmission of power. It would, therefore, be proper for the Government to establish an
Authority or Commission manned by internationally known and recognized scientists having no
bias and prejudice to be members of such Commission whose opinion or permission should be
obtained before any new grid station is allowed to be constructed. Such Commission should also
examine the existing grid stations and the distribution lines from the point of view of health
hazards and environmental pollution. If such a step is taken by the Government in time much of
the problem in future can be avoided’.
As a result of scientific debate in this case, the Court has expanded the ambit of article 9 of the
Constitution of Pakistan to include the right to health services and quality of life. The court
upheld the view that the word ‘Life’ in article 9 does not simply mean animal life or vegetative
existence. It stated that life includes all such amenities and facilities, which a person born in a
free society, is entitled to enjoy, in dignity and honor. ‘The word “Life” in the Constitution has
not been used in a limited manner. A wide meaning should be given to enable a man not only to
sustain life but to enjoy it’.
Key Points and Lessons
Scientists and experts remained unable to draw definite conclusions on adverse effects of
electromagnetic fields on human health – as research on the subject remained controversial and
inconclusive.
WAPDA has relied, for this important initiative, on sources of research and opinions that are
neither the latest nor authentic. It remained unable to undertake in-depth research on the subject
due to lack of resources, both financial and human, and lacked research capacity.

It is argued that Pakistan being a developing country cannot afford the research studies
undertaken in the developed countries on addressing the scientific problems in the field of
environment, as in this case.
Non-existence of an institution responsible for formulating and implementing effective policies
related to the environment, as in this case – the Court strongly directed that Government should
establish an authority or commission manned by internationally known and recognized scientists
whose opinions should be obtained before any such initiative is undertaken (such as installation
of a new grid station).
Clearly, there was lack of coordination across various departments, ministries, research
organizations and NGOs.
Need for new knowledge and scientific research is clearly recognized for sustainable
development policy formulation. In other words in policy and law formulation, the need for
scientific research is clearly highlighted.
A large number of people may suffer from adverse health effects related to environmental
problems such as this unknowingly because of lack of awareness, information and education.
Policies and laws are made in order to enhance the well being of a nation as a whole. However, in
most cases the potential benefits or dis-benefits may not be obvious or the issue may be too
abstract or complex for the public at large, implying that education and awareness raising should
be an important component of new initiatives to the complex problems.
Awareness of issues empowers people to fight for their rights, and sound scientific research could
influence and help improve policies and laws.
Demand for research for law and policy making generally comes from law and policy makers
who are interested in the relevant issues, and from general public, if the public is made aware of
the problems and new initiatives to solve these problems and their consequences through
education and awareness raising.
Research does not necessarily have to be demand driven, supply of research also creates its own
demand in refining or designing new policies and laws when policy and law makers are
confronted with new sets of problems and issues.
No clear policies and laws can be formulated without sound scientific research and knowledge.
References
Ms. Shehla Zia and Others – Petitioners, Versus WAPDA – Respondent, Human Rights Case No.
15-K of 1992, heard on 12th February 1994, Pakistan Law Digest (PLD) 1994, Supreme Court
Case No. 693
Electronic copy of the case available at:
www.elaw.org/search/results.aspwords=pakistan