Advocate Raju Prasad Chapagain vs. Government of Nepal, Ministry of Agriculture and Cooperatives and Others, Nepal Kanoon Patrika (NPK) 2066 (2009), Part 10, Decision No. 8239
The petition was filed seeking the disposal and management of 75 tons of poisonous materials (abandoned pesticides) stored in Amalekhgunj and other parts of the country in an environmental friendly manner, so as to preserve the fundamental right of the people to live in a safe, fearless and healthy environment.
The court ruled that the fundamental rights, right to life and right to live in a healthy environment, supported by the nation's policies, should be compulsorily executed. The court confirmed that there was a constitutional right to live in a clean environment, with a corresponding state responsibility to restrict adverse effects on the environment. The court thus issued mandamus orders to:
- Study the poisonous materials and make a report,
- Prepare the list of long-term poisonous materials;
- Separate the most harmful and least harmful poisons;
- In the process of environmentally sound disposal of poisonous materials, carry out warning and awareness programs;
- Establish a fund to compensate victims;
- Study the effects to the victims and manage free health check up; and
- By any means safely manage the poisons in an environmental friendly way within one year.