Legal Implications of Forest Fires on Biodiversity Conservation in Pakistan

Abstract

This thesis explores the impact of forest fires on biodiversity in Pakistan through a legal and ecological perspective, arguing that existing laws are structurally incapable of responding to a growing climate-driven crisis. Although forests cover only about 5.1% of Pakistan’s land, they sustain critical biodiversity—from Chilgoza pine and juniper forests to mangroves and subtropical woodlands—now increasingly threatened by recurrent wildfires. The study shows that Pakistan’s legal framework, centered on the colonial Forest Act 1927 and fragmented further by the 18th Amendment, remains revenue-centric, treating forests as timber assets rather than public trust resources vital for ecological security. Using a qualitative, doctrinal methodology, the research critically analyzes federal and provincial statutes, the Pakistan Environmental Protection Act (PEPA) 1997, disaster-management laws, and landmark constitutional jurisprudence under Article 9, alongside international instruments such as the CBD and Paris Agreement. It argues for a shift from fault-based, criminalized responses to a modern “wildfire jurisprudence” grounded in tort law, strict liability, public trust doctrine, and ecological restoration. The thesis proposes a unified Wildfire Management and Liability Act and a National Ecological Security framework to overcome jurisdictional fragmentation, strengthen biodiversity conservation, and align domestic law with climate justice obligations.

Keywords: Forest Fires, Biodiversity, Pakistan, Forest Act 1927, Pepa 1997, Tort Law, Strict Liability, Public Trust Doctrine.