KATHMANDU, May 2: The Supreme Court (SC) has issued a mandamus order directing the government to regulate the ascent of the world's highest peak, Mount Everest.
A division bench of justices Sapana Pradhan Malla and Sushma Lata Mathema has ordered the government to issue climbing permits only after specifying the number of climbers and the capacity to accommodate the climbers.
The government has been issuing permits to as many climbers as possible leading to traffic jams on the world’s highest peak.
According to the Department of Tourism, last year (2023), 478 Nepalis obtained permits to climb Mount Everest, with 287 successfully reaching the summit. An additional 359 Sherpas assisted climbers, resulting in a total of 646 individuals reaching the summit. A total of 17 climbers died in the Everest region last year.
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Issuing a ruling on a writ petition on a public interest litigation filed by advocate Deepak Bikram Mishra, the SC has also banned the use of helicopters from the base camps to peaks, except for emergency rescue.
The SC has also directed members of mountain climbing teams to compile a comprehensive list of items they plan to take with them. This list should be recorded at the departure point before the ascent begins, and upon their return, all items brought back from the climb must be noted at the arrival point.
Deposits should only be refunded upon verifying that climbers have brought back all items.
Given Nepal's vulnerability to global climate change, rising temperatures pose risks such as melting of glaciers, glacial lake outburst floods, and increased flood disasters. The SC has urged the government to focus on mountain protection and cleanliness.
It has been highlighted that natural disasters adversely affect agriculture and tourism, putting farmers, local residents, and tribal communities at higher risk. "In this context, it appears imperative for the state to undertake special care and protective measures in response to the impacts of climate change on the mountains and glaciers," stated the order issued by the division bench. "This also aligns with the constitutional responsibility of the state towards the environment and its citizens," the order reads.
The SC highlighted the massive influx of mountaineers to mountain areas, including Sagarmatha National Park, Kanchenjunga, Langtang, Machhapuchhare, Makalu, and their respective base camps, stating that it has adversely impacted the conservation efforts in these areas and jeopardized the sustainability of the mountains.
While acknowledging the importance of tourism in Nepal, the SC has expressed concern over the inadequate management of the impacts of mountain climbing in sensitive areas, emphasizing that it is leading to adverse consequences.
The SC has also said there is a need for proper waste management in mountainous regions to prevent adverse effects on the environment and human health. Additionally, the SC has directed the government to enhance coordination between governmental and non-governmental agencies engaged in sanitation and to ensure the effective implementation of existing laws.
To address this issue, the SC has instructed the authorities concerned to coordinate garbage and corpse management in mountainous areas, establish a monitoring team (ranger) comprising experienced mountain climbers, and ensure adequate wages, accident insurance, and compensation for individuals engaged in the cleaning campaign.
The SC's directive states, “Internal and external tourists contribute significantly to large-scale waste production, including human excreta, plastic, and other waste materials, primarily at the higher altitudes where the bodies of those who died during climbing expeditions are often found. Even in harsh weather conditions, mountaineers may need to spend weeks or even months in camps, leading to further increase in waste generation." The order further reads, "These glaciers leave behind only rocks as they melt, pollute the rivers, increase the risk of avalanches, and contaminate and degrade water sources for communities living downstream in mountainous regions."
Meanwhile, the SC has issued six orders to the government for mountain cleanup efforts. Following the SC's directive, the government has formulated a three-year plan for mountain cleanup. Currently, the SC has instructed all three levels of government to allocate sufficient funds for the implementation of the waste management strategic plan.
