Cleaning up Nepal’s Bagmati River
The highly polluted Bagmati River flows through Nepal’s Kathmandu Valley. Attorney Prakash Mani Sharma has fought for decades to clean up the river, considered holy by both Hindus and Buddhists.
Prakash shared good news last week:
Nepal’s Supreme Court has ordered septic tanks mandatory in homes constructed in the Kathmandu Valley, to keep sewage out of the Bagmati. The Court also ordered the municipalities of the valley to immediately stop dumping and burying garbage on the banks of the Bagmati and its tributaries, and for squatters who are compelled to live on the riverbanks to be relocated to government-built apartments.
“Sanjay Adhikari took the lead in this case, and I am proud of his hard work,” says Prakash. Sanjay is the Executive Director of the Prakash Mani Sharma Academy for Public Interest Law, created in 2023 to carry on Prakash’s good work.
ELAW has worked with Prakash for 30 years to improve water quality in the Bagmati and is pleased to work with Sanjay as Prakash passes the torch to a new generation of public interest environmental defenders.
The Bagmati River and its tributaries support around 3 million people in the Kathmandu Valley. “Over the years, industrial waste, untreated sewage, and rampant human activities have turned this once-pristine river into a symbol of environmental degradation,” reports Earth.org.
The ELAW Science Team has worked closely with Prakash, and now Sanjay, interpreting water quality data and providing guidance about which are the most effective measures for improving water quality in the Bagmati River.
This month’s Supreme Court victory was hard-fought.
Prakash first filed suit in 2000 alleging that dumping of waste in the river violated the constitutional rights of citizens to a healthy environment and violated local environmental laws that require government agencies to assess the environmental impacts of proposed waste disposal projects. The Supreme Court ordered the dumping to be halted but the government failed to enforce the order.
In 2004, Prakash filed a contempt of court case and the court ordered the government to present a plan of action to clean up the Bagmati. In 2009, representatives from the Prime Minister’s Office, the Ministries of Environment and Science, Local Development, Physical Planning and Works, and the Kathmandu Metropolitan City presented its “Bagmati Action Plan” to the judges.
“The plan included a 5-year commitment by the government to breathe life back into the Bagmati through restoration and conservation projects,” says Prakash. The Supreme Court gave government officials three months to begin clean-up efforts, but “the results, to-date, have been unsatisfactory,” says Prakash, adding that last week’s Supreme Court order brings new hope.
When asked for a comment, Sanjay (photo below) shared his deep appreciation for Prakash’s leadership:
“The Bagmati River is vital as the Kathmandu Valley’s lifeblood, exerting substantial influence on nature, culture, and the region’s economy. Beginning in 1996, Senior Advocate Prakash has diligently dedicated himself to the preservation of the Bagmati, coinciding with the year of my birth. His mentorship and guidance have inspired us and equipped us with essential skills, including technical expertise from allies such as ELAW. Senior Advocate Prakash underscores the transformative influence of individual commitment.
Prakash’s generation laid the groundwork for environmental and cultural rights in Nepal, while our generation is committed to upholding and enforcing these rights, along with Supreme Court judgments.
It is a great honour to perpetuate the legacy of Public Interest Litigation imparted by Senior Advocate Prakash, and I eagerly anticipate passing on this legacy to future generations.”
We will keep you informed of our progress cleaning up the Bagmati!
Dr. Mark Chernaik
Science Program Director
Environmental Law Alliance Worldwide