The Case of Shehla Zia Versus WAPDA in Pakistan

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