The Supreme Court has issued a mandamus order instructing Nepali authorities to impose a limit on the number of climbing permits issued for peaks in Nepal’s Himalayas, including Mount Everest.
Responding to a writ petition on a Public Interest Litigation (PIL) filed by advocate Deepak Bikram Mishra, a division bench of Justices Sapana Pradhan Malla and Sushma Lata Mathema has ordered the government to issue climbing permits only after considering the capacity of the mountain and to issue for a specific time. The court verdict was given on April 26, and the brief summary of the order was published on May 2.
The PIL was filed on 2019 September 4 with Office of the Prime Minister, Council of Minister, Ministry of Environment & Tourism, Sagarmatha Pollution Control Committee, Nepal Mountaineering Association as defendants among others.
The Department of Tourism currently does not impose a cap on permits. The Department issues climbing permits to all applicants, a practice that many believe contributes to occasional traffic jams and even death.
The apex court’s intervention comes at a time when Nepali authorities have been issuing an increasing number of permits every year, particularly in the Everest region.
While the court has urged the government to establish a limit, it remains uncertain whether the cap will be set above 500 or at a lower number. The court has provided unclear caveats, such as the capacity of the mountain to accommodate climbers and consideration of environmental impact.
In the ongoing spring season, as of May 2, Nepal has issued climbing permits to 990 climbers from 79 countries to ascend 30 peaks, including permission for 403 climbers to scale Mount Everest.
There has been a spike in the number of permits for Everest since 2019, when a high number of climbers and a short weather window for summit push resulted in a traffic jam on the world’s highest peak, drawing global attention. A total of 381 climbers obtained permit that year, excluding Sherpas who do not require permits. One permit costs $11,000 USD.
In 2021, Nepal’s Department of Tourism issued a record 408 permits for Everest, a number that decreased to 325 in 2022 due to the pandemic’s impact. In 2023, the government issued 478 permits, while the overall number of permits for all mountains exceeded 1000 in the spring season.
The Supreme Court has also reiterated the restriction on the use of helicopters from base camp to peaks, permitting their use only for emergency rescue purposes.
Although this rule has always been in place, a high-level mechanism meeting held on 25th April on the base camp this year have allowed the use of helicopters to airlift supplies to higher camps for the ongoing 2024 spring season. Due to extreme delay in route opening this year, the mechanism has recommended seeking permission of Civil Aviation Authority of Nepal (CAAN) to allow the use of helicopters for this season.
It is unclear how Supreme Court’s verdict will affect this interim decision by the authorities. But expedition owners are hopeful that helicopter use will be allowed for this season due to extenuating circumstances.
In a 12 page summary verdict, the Supreme Court has also stressed on environmental and ecological ongoing in Everest and other mountains. It has stressed the necessity for proper waste management in mountainous regions to mitigate adverse effects on the environment and human health. It said that anthropogenic activities were resulting in increased waste generation and degradation of the mountains.
It has issued directions on managing dead bodies, waste management, ensuring fair pay and working condition for cleaning workers, allocation of adequate budget for clean up campaigns, need for better information system, loss and damage claim from Nepal regarding climate change, and effective implementation of the 3-year long strategic work plan for mountain clean up campaign.
