Zia v. WAPDA, P L D 1994 Supreme Court 693

In Shehla Zia et al. v. WAPDA, P.L.D. 1994 S.C. 693, petitioners raised concerns about potential health risks from construction of high voltage transmission lines.  In deciding the case, the Supreme Court of Pakistan noted:

Article 9 of the Constitution provides that no person shall be deprived of life or liberty save in accordance with the law.  The word ‘life’ is very significant as it covers all facts of human existence.  The word ‘life’ has not been defined in the Constitution but it does not mean nor can it be restricted only to the vegetative or animal life or mere existence from conception to death.  Life includes all such amenities and facilities which a person born in a free country is entitled to enjoy with dignity, legally and constitutionally. For the purposes of present controversy suffice it to say that a person is entitled to protection of law from being exposed to hazards of electromagnetic fields or any other such hazards which may be due to installation and construction of any grid station, any factory, power station or such like installations.

Id. at para. 12.

The Court continued on to find:

The Constitution guarantees dignity of man and also right to life under Article 9 and if both are read together, question will arise whether a person can be said to have dignity of man if his right to life is below bare necessity like without proper food, clothing, shelter, education, health care, clean atmosphere and unpolluted environment. Such questions will arise for consideration which can be dilated upon in more detail in a proper proceeding involving such specific questions.

Id. at para. 14.