Despite the writ filed against Asian Leather Industry being under consideration at the High Court in Biratnagar, the industry resumed operations, prompting locals to impose an indefinite lockout. This has further heightened tensions between the community and the industrial operators. Seeking to ensure the fundamental right to a clean environment guaranteed by the Constitution, INSEC filed a writ of mandamus at the High Court, Biratnagar on June 22 against the Asian Leather Industry located in Duhabi Municipality-6 of Sunsari, along with the provincial government.
Stating that they have been deprived of their constitutional fundamental right to a clean environment due to the Asian Leather Industry in Duhabi Municipality-6 failing to effectively implement the Environmental Impact Assessment (EIA), locals filed a writ of mandamus against the industry and the provincial government. Following the filing, the court issued a show-cause order on June 23. In the same writ, the High Court scheduled hearings for August 25 and October 13. However, during the Gen-Z protests on September 8 and 9, the High Court in Biratnagar was set on fire. As the case files and documents were destroyed, the writ of mandamus filed against the Asian Leather Industry in Duhabi Municipality-6 and the provincial government remained under consideration. Despite this, the industry resumed operations, which in turn has created tension between the local residents and the industry operators.
The writ filed at the High Court lists the Asian Leather Industry, the Office of the Chief Minister and Council of Ministers of Koshi Province, the Ministry of Tourism, Forests and Environment, the Ministry of Industry, Agriculture and Cooperatives, and Duhabi Municipality as respondents. However, on November 18, an inspection of the Asian Leather Industry in Duhabi Municipality–6 by the District Administration Office, Sunsari, the Environment Division of the Provincial Ministry of Tourism, Forests and Environment, and Duhabi Municipality once again reignited tensions between local residents and the industry operators. Citing the unbearable stench caused by the industry, the Leather Factory Victims’ Struggle Committee imposed an indefinite lockout at Asian Leather Industry on November 12. During an inspection carried out on November 18 by the District Administration Office, Sunsari, the provincial government, and Duhabi Municipality, local residents staged a protest by burning tyres. This led to a tense situation and the possibility of clashes between the locals and the authorities.
Basudev Mandal, Secretary of the Leather Factory Victims’ Struggle Committee, stated that even while the case against the industry is still under consideration at the High Court, the Environment Division of the Provincial Ministry of Tourism, Forests and Environment of Koshi Province accepted the EIA report, which compelled the committee to impose a lockout on the industry. Residents in Duhabi Municipality-6 have been suffering for years due to the operations of the Asian Leather Industry and United Tanneries. The leather industries’ failure to effectively implement the Environmental Impact Assessment (EIA) has directly affected the environment. The residents are demanding the guarantee of their fundamental right, as per the Article 30 of the Constitution of Nepal, to live in a clean and healthy environment.
INSEC had filed a writ to ensure the enforcement of fundamental rights, demanding that the conditions and standards stipulated under the Environment Protection Act 2019, the Industrial Enterprises Act, 2020, and the Local Government Operation Act, 2017, be effectively implemented.