Environmental Degradation in Kashmir: A Scientific Analysis through the Lens of Legal Rights and Sustainable Development Perspectives
Janees Rafiq *
Department of Law, Model Institute of Engineering and Technology, Jammu, India.
Yuvika Jasrotia
Department of Law, Model Institute of Engineering and Technology, Jammu, India.
*Author to whom correspondence should be addressed.
Abstract
Kashmir’s unique ecology is facing mounting pressures from deforestation, water and air pollution, and inadequate waste management. Experts warn that, if trends continue, toxic arsenic and lead in Dal Lake sediments could increase many-fold over the next few decades. This paper synthesises recent scientific data to quantify environmental changes in the region, including glacier recession, shrinking lakes with deteriorating water quality, extreme winter air pollution, and growing solid waste generation and examines these issues alongside India’s constitutional and environmental legal frameworks and the UN Sustainable Development Goals (SDGs). The study is based on a comprehensive review of secondary data and literature. Legal analysis involved examining the Indian Constitution (notably Article 21 on the right to life and Article 48A on state duties) and relevant environmental statutes (such as the Water, Air, and Environment Protection Acts, and forest laws) as applied in Jammu & Kashmir. The findings related to relevant SDG targets were specifically considered. Key findings include a >25% loss in Kolahoi Glacier area since the 1960s (with ~35 m of annual retreat) and dramatic pollution indicators in Dal Lake (e.g., BOD up to 23.5 mg/L). Legal analysis highlights gaps between robust laws and enforcement: while Article 21 of the Constitution guarantees a clean environment as part of the right to life, poor implementation of environmental and forest laws in J&K has undermined those protections. The study shows how local environmental failures impede progress toward SDGs for clean water (SDG 6), sustainable cities (SDG 11), climate action (SDG 13), and life on land (SDG 15). The integrated review suggests that bridging scientific evidence, legal mandates, and political will is crucial. Strengthening enforcement, engaging communities, and aligning policies with sustainability goals are recommended to ensure a healthy environment in Kashmir.
Keywords: Kashmir, environmental degradation, sustainable development, constitutional rights, water pollution, waste management