Climate in Crisis: Himachal Pradesh

 Climate in Crisis: Himachal Pradesh

Climate change is amplifying dangers in Himachal Pradesh, a fragile Himalayan state. The NDMA reported that “climate change, unauthorised construction on unstable slopes and floodplains, and the removal of green cover are increasing the risk of disasters in the Himalayan region” tribuneindia.com. For Himachal, this means more flash floods, landslides and unpredictable weather. As a law student, I see these impacts linked to specific local causes and to gaps in enforcement – and I believe legal tools and citizen action can turn the tide.

CAUSES OF ENVIRONMENTAL STRESS IN THE HIMALAYAS

• Unregulated tourism and development: Himachal’s natural beauty attracts millions, but infrastructure hasn’t kept pace. A High Court expert panel found up to 10,000 people (with 75% in tourist vehicles) visiting Rohtang Pass each day in summer, far exceeding the area’s ecological capacity climatecasechart.com. This has led to over-construction, heavy traffic and pollution (e.g. soot and black carbon), which stress snow and forests.

• Deforestation and hill-cutting: To build roads, dams and hotels, forests and pastures are often cleared. Once-dense woods above Manali (at Gulaba/Kothi) were cut down, causing “serious environmental degradation” climatecasechart.com. Trees on slopes bind soil and absorb rain; when they are removed, “indiscriminate deforestation results in landslides and soil erosion” climatecasechart.com. Thus, hillside tree-felling directly undermines slope stability.

• Weak enforcement and planning: Many projects flout environmental laws or ignore official guidelines. NDMA notes that unchecked settlement around rivers and valleys (driven by tourism and growth) “puts many at direct risk during flash floods” tribuneindia.com. Even after court orders or clearances restrict building, violations continue. For example, despite repeated Supreme Court and NGT warnings, high-rise constructions still go up in seismic and flood-prone areas tribuneindia.com. In short, poor compliance with land-use and pollution rules lets harmful practices proceed unchecked.

CONSEQUENCES: FLOODS, LANDSLIDES AND WARMING

In a single week (July 9–11, 2023) extreme monsoon rains triggered 5,400 landslides and 223 deaths in Himachal eos.org. Official post-disaster reports tallied thousands of slides and dozens of flash floods across many districts, with roughly 500 lives lost and massive damage tribuneindia.com. Below are the key impacts of climate change in Himachal:

• Flash floods and cloudbursts: Torrential rains in the mountains can hit without warning. In July 2023, for instance, Himachal recorded 223 mm of rain in just four days – 436% above normal for that period tribuneindia.com. Rivers swelled far beyond their banks, inundating fields and towns overnight. Flash floods washed away bridges, burrowed channels through settlements, and stranded thousands of people.

• Landslides and erosion: Steep slopes under pressure give way during heavy rains. Soil already loosened by construction, mining or tree-felling collapses as mudslides. As noted, cutting forests leads directly to slope failure climatecasechart.com. In recent years, especially after summer cloudbursts, landslides have dumped boulders and debris onto highways and through villages, killing people and blocking access. Nearly every highway cutting has had multiple slides, disrupting livelihoods and cutting off remote communities.

• Changing weather patterns: Himachal’s winters are warming and summers wetter. Snowfall is declining at high altitudes – one study found winter snow at the Kaylong site fell from 685 cm in 1990 to just 150 cm by 2000 climatecasechart.com. Himalayan glaciers are shrinking (e.g. Parbati Glacier in Kullu recedes ~52 m per year climatecasechart.com), altering river flows and creating new glacial lakes. Erratic weather – unseasonal rains or prolonged dry spells – now undermines traditional agriculture and water supplies.

LEGAL FRAMEWORKS: LAWS, RIGHTS AND COURTS

• Constitution and duties: The Indian Constitution charges both state and citizens with environmental protection. Article 48A directs the State to protect forests and wildlife, and Article 51A(g) requires citizens to safeguard natural resources climatecasechart.com. Under Article 21 (Right to Life), courts have interpreted “life” to include a healthy environment. Indeed, the Supreme Court recently recognised a fundamental “right to be free from the adverse effects of climate change” as part of Article 21 wy4cj.org, reinforcing that clean air and safe habitats are legal entitlements.

• Environment statutes: A web of national laws regulate Himachal’s ecology. The Environment (Protection) Act, 1986 sets broad standards for pollution and forests, supported by the Air (Prevention and Control) Act, Water Act, Forest Conservation Act (1980), Wildlife Protection Act, Biodiversity Act, etc. climatecasechart.com. These laws require Environmental Impact Assessments for big projects, mandate forest clearance approvals, ban pollutant discharge, and create penalties for violations. Under these rules, the state must vet highway, hydropower or mining projects for environmental damage before approval.

• Disaster management laws: The Disaster Management Act (2005) and NDMA/State DM Authority guidelines lay out preparedness for floods, landslides and quakes. Himachal has its own State Disaster Management Authority (HPSDMA) and contingency plan for mountain hazards (including early warning and evacuation rules). While not perfect, these frameworks can coordinate relief and mandate risk reduction measures.

• Judicial tools and tribunals: Citizens can file Public Interest Litigations or writ petitions (under Articles 32/226) to enforce environmental laws. The National Green Tribunal (NGT) hears ecology cases, offering faster remedies than regular courts. For example, the NGT has limited vehicles on the Manali–Rohtang road to 1,000 per day (split between petrol and diesel) timesofindia.indiatimes.com, citing adverse effects on glaciers, wildlife and local climate. Himachal’s High Court and the Supreme Court have similarly issued numerous orders halting illegal mining, evicting forest encroachers, or imposing stricter conditions on development projects. These judicial actions, based on constitutional and statutory law, are key levers for citizens to demand a safer environment.

EMPOWERING SOLUTIONS: AWARENESS, ENFORCEMENT AND PARTICIPATION

• Strict enforcement and planning: Existing laws and guidelines must be enforced with political will. Experts emphasize demarcating hazard zones – e.g., clearly mapping floodplains and banning construction there tribuneindia.com – and using modern tools to regulate hill construction. NDMA recommends forming “hill area development authorities” with a techno-legal mandate to scrutinize infrastructure in fragile zones tribuneindia.com. More rain gauges and early-warning stations (as NDMA urges) would give villagers time to evacuate tribuneindia.com. Crucially, analysts observe that with better governance and strict compliance, many disasters could have been prevented tribuneindia.com. Strengthening building codes, insisting on ecological clearances, and punishing violators are essential first steps.

• Public awareness and education: Laws work only when people know their rights and responsibilities. As one environmentalist notes, guidelines are “often formulated but seldom implemented… it’s crucial for the general public to become more aware” tribuneindia.com. Legal-services groups and NGOs in Himachal have begun “Clean Environment” and climate-literacy campaigns to educate students, panchayats and tourists. Villagers can use RTI and social media to expose violations (e.g. posting photos of illegal dumping), and civic groups can organize mountain clean-ups and tree-planting. Schools and local bodies should teach how Article 51A(g) and laws empower citizens to protect forests and rivers. Informed citizens can pressure authorities via media and PILs if needed.

• Citizen and community action: Each person can help make development greener. Tourists should respect “stay on trails” rules, avoid plastic, and patronize certified eco-lodges. Local communities can participate in Joint Forest Management committees or claim rights under the Forest Rights Act (so forests are managed sustainably by those who live there). Farmers and herders can adopt soil-conservation farming to reduce runoff. When projects are proposed, citizens can petition the NGT or High Court to ensure full environmental review (as has been done for dams and highways). Even small acts — like enforcing bans on construction in landslide zones, or supporting village-level disaster drills — build resilience. Together, a vigilant populace can complement legal reforms.

Himachal Pradesh’s climate challenges are formidable, but not insurmountable. Mountains have wisdom and strength; so do our laws and rights. By enforcing environmental laws, using legal remedies, and mobilizing communities with hope and action, citizens can help the state adapt and preserve its fragile ecosystem for future generations.

 

Keywords: Climate change, Himachal Pradesh, landslides, environmental law, sustainable tourism, deforestation, disaster management, citizen participation.

Closing Credit

 Author- Udita Chandel

"The views expressed are personal. This article is intended for educational purposes and public discourse. Feedback and constructive criticism are welcome!"