**4.4 The role of judiciary**

It is stated that there is no specific and direct environmental court in Malaysia to protect the environment. But the general court is quite active dealing with the environmental issues based on the constitutional obligations and interpretation along with the English Common Law Principles under the judiciary of Malaysia covering Melaka City. The High Court and the Supreme Court of Malaysia may deal with these issues. Some judicial decisions were found between 1992 and 2002 dealing with the environmental issues in Malaysia. In the constitution, there is no specific article dealing with the clean environment. It is not defined in the constitution. The Indian Constitution clearly mentioned about the right to clean environment, which we may include in our constitution. A decision in Malaysian Court may be pointed out here regarding the environment as:

**Environmental issues Minimum Maximum Average**

*An Empirical Study on Environmental Sustainability in Melaka City*

*DOI: http://dx.doi.org/10.5772/intechopen.92157*

Amusement/park/gardening for

Population in Melaka good for

The price of daily commodities friendly

Poverty range friendly to Melaka (the

Availability of daily commodities for

Income & expenses friendly with the

Relationship between foreigners & local

Using of polythene (harmful for

environment)

**105**

recreation

environment

with the people

poor/the rich)

shopping

people

people

Access to clean drinking water 50.00 100.00 80.10 10.41 80.00 Access to sanitation/clean environment 30.00 100.00 70.96 10.45 80.00 Forest areas for good environment 40.00 100.00 70.62 10.33 70.00 Wetland/ponds/haors/beels for fisheries 30.00 100.00 60.88 10.25 70.00

Car parking facilities 20.00 100.00 60.96 10.51 70.00 Motor vehicles for pollution 50.00 100.00 70.32 10.20 70.00

Urban infrastructure facilities 40.00 100.00 70.86 10.24 80.00 Access to gas for cooking 60.00 100.00 80.88 10.25 90.00 Quality medical services 50.00 100.00 80.06 10.03 80.00 Fresh food in Melaka 40.00 100.00 80.34 10.18 80.50 Electricity 40.00 100.00 90.26 10.30 100.00

Waste dumping system 30.00 100.00 60.90 10.46 70.00 Diversified culture 50.00 100.00 70.76 10.46 80.00 Law & Order situation in Melaka 20.00 100.00 70.04 10.48 70.00 Local administration in Melaka 40.00 100.00 60.98 10.43 70.00

Misdeeds (robbery, dacoits/theft), etc. 20.00 100.00 50.02 20.25 40.50 Security to the residential areas 30.00 100.00 70.46 10.50 70.50 Accountability in administration 50.00 100.00 70.70 10.14 80.00 Transportation facilities 30.00 100.00 70.50 10.61 70.00 Quality education in Melaka 30.00 100.00 70.16 10.78 70.00 Corruption in Melaka 20.00 100.00 50.48 20.51 40.50 Natural environment 40.00 100.00 70.98 10.31 80.00 Access to justice 50.00 100.00 70.48 10.11 70.00

**(%)**

40.00 100.00 70.26 10.36 70.00

30.00 100.00 70.58 20.11 80.00

30.00 100.00 70.38 10.56 80.00

30.00 100.00 40.90 10.77 40.00

50.00 100.00 70.46 10.28 70.00

50.00 100.00 60.84 10.20 70.00

30.00 100.00 60.92 10.75 70.00

40.00 100.00 70.68 10.39 80.00

**Std. deviation** **Median**

*" …The expression 'life' appearing in the Article 5(1) of the constitution of Malaysia does not refer to mere existence. It incorporates all those facets that are an integral part of life itself and those matters which go to form the quality of life. Of these are the rights to seek and be engaged in lawful and gainful employment and to receive those benefits that our society has to offer its members. It includes the right to live in a reasonably healthy and pollution free environment."*

In this regard, the Bakun Dam case may also be added here as follows:

*" …They will suffer deprivation of their livelihood and cultural heritage by reason of the Project … This complaint certainly comes within the scope of the expression 'life' in Article 5(1) of the federal Constitution. For where there is deprivation of livelihood or one's way of life, that is to say, one's culture, there is deprivation of life itself … However, in the present case, as earlier observed, the State of Sarawak will extinguish the respondent's rights in accordance with the provisions of existing written law obtaining in the State … Since, in this instance, life is being deprived in accordance with an existing and valid law, the requirements of Article 5(1) are met. It may be certainly said that the following case laws bear importance directly or indirectly on the environment."*

#### **4.5 Some case laws**

Some judicial decisions have also been made directly or indirectly on the environmental issues in Malaysia. Some of the cases are given here to understand their role on the environmental issues such as the Rural Legislation and Entitlement Kendra Dehradun and others Vs State of U.P. and Others (1985) 2 SCC 431, Devaki Nandan Pandey V. Union of India and Others (1985) 3 SCC 614, Tan Tek Seng V. Suruhanjaya Perkhidmatan Pendidikan (1996)1 MLJ 288, Kettua Pengarah Jabatan Alam Sekitar & Anor vs. Kajing Tubek & Ors (1997) 3 MLJ 23, Government of Malaysia vs. Lim kit Siang, United Engineers (M) Berhad vs. Lim Kit Siang (1988) 2 MLJ 12, The Malaysian Vermicelli Manufacturers (Melaka), Sdn Bhd vs. PP (2001) 7 CLJ, etc.

#### **5. Empirical results and discussion**

The discussion and results of the study are based on the above methodology and are presented below.


#### *An Empirical Study on Environmental Sustainability in Melaka City DOI: http://dx.doi.org/10.5772/intechopen.92157*

**4.4 The role of judiciary**

*Sustainability Concept in Developing Countries*

be pointed out here regarding the environment as:

*indirectly on the environment."*

**5. Empirical results and discussion**

**4.5 Some case laws**

are presented below.

**104**

*a reasonably healthy and pollution free environment."*

It is stated that there is no specific and direct environmental court in Malaysia to

*" …The expression 'life' appearing in the Article 5(1) of the constitution of Malaysia does not refer to mere existence. It incorporates all those facets that are an integral part of life itself and those matters which go to form the quality of life. Of these are the rights to seek and be engaged in lawful and gainful employment and to receive those benefits that our society has to offer its members. It includes the right to live in*

In this regard, the Bakun Dam case may also be added here as follows:

*" …They will suffer deprivation of their livelihood and cultural heritage by reason of the Project … This complaint certainly comes within the scope of the expression 'life' in Article 5(1) of the federal Constitution. For where there is deprivation of livelihood or one's way of life, that is to say, one's culture, there is deprivation of life itself … However, in the present case, as earlier observed, the State of Sarawak will extinguish the respondent's rights in accordance with the provisions of existing written law obtaining in the State … Since, in this instance, life is being deprived in accordance with an existing and valid law, the requirements of Article 5(1) are met. It may be certainly said that the following case laws bear importance directly or*

Some judicial decisions have also been made directly or indirectly on the environmental issues in Malaysia. Some of the cases are given here to understand their role on the environmental issues such as the Rural Legislation and Entitlement Kendra Dehradun and others Vs State of U.P. and Others (1985) 2 SCC 431, Devaki Nandan Pandey V. Union of India and Others (1985) 3 SCC 614, Tan Tek Seng V. Suruhanjaya Perkhidmatan Pendidikan (1996)1 MLJ 288, Kettua Pengarah Jabatan Alam Sekitar & Anor vs. Kajing Tubek & Ors (1997) 3 MLJ 23, Government of Malaysia vs. Lim kit Siang, United Engineers (M) Berhad vs. Lim Kit Siang (1988) 2 MLJ 12, The Malay-

The discussion and results of the study are based on the above methodology and

sian Vermicelli Manufacturers (Melaka), Sdn Bhd vs. PP (2001) 7 CLJ, etc.

protect the environment. But the general court is quite active dealing with the environmental issues based on the constitutional obligations and interpretation along with the English Common Law Principles under the judiciary of Malaysia covering Melaka City. The High Court and the Supreme Court of Malaysia may deal with these issues. Some judicial decisions were found between 1992 and 2002 dealing with the environmental issues in Malaysia. In the constitution, there is no specific article dealing with the clean environment. It is not defined in the constitution. The Indian Constitution clearly mentioned about the right to clean environment, which we may include in our constitution. A decision in Malaysian Court may

7. Parking facilities: About 61% of the people responded that parking facilities in Malacca are quite limited, especially during the weekend, when there are

8. Motor vehicles for pollution: In the survey, 70.32% of people felt that in

9. Population in Melaka good for environment: About 71% of people think that they are healthy due to the nature of the environment in Melaka City.

10. Urban infrastructure facilities: Good urban infrastructure in Melaka City was

11. Access to gas for cooking: 81% of the total respondents felt there is adequate

12. Quality medical services: About 86% of Melaka City residents reported qual-

13. Fresh food in Melaka: In Melaka City, 80% of respondents reported having

15. The price of daily commodities friendly with the people: Some 70% of people in Melaka City think that the price of daily commodities is friendly.

16. Poverty range friendly to Melaka (the poor/the rich): Only 41% of the people surveyed thought that the poverty range (the poor/the rich) is friendly.

17. Waste dumping system: In the survey, 61% people reported having waste

18. Diversified culture: In Melaka City, around 71% of respondents indicated

19. Law and order situation in Melaka: About 70% of people in Melaka City think that they feel better regarding the law and order situation in this city.

20. Local administration in Melaka: Some 61% of people in the sample respon-

21. Availability of daily commodities for shopping: Around 71% of people reported that they have daily need commodities available for shopping in this city.

22. Income and expenses friendly with the people: The income and expenses are friendly in the city as reported by 61% of the survey respondents in Melaka

23. Relationship between foreigners and local people: A majority of people (61% of total) in Melaka City find the existence of good relationship between

25. Misdeeds (robbery, dacoits/theft), etc.: About half the respondents

14. Electricity: The availability of electricity in Melaka City is 90%.

many tourists in Malacca.

*DOI: http://dx.doi.org/10.5772/intechopen.92157*

ity medical services.

fresh food.

City.

**107**

Malacca there is environmental pollution.

*An Empirical Study on Environmental Sustainability in Melaka City*

supported by 71% of all respondents.

dumping system in Melaka City.

foreigners and local people.

acknowledged some misdeeds.

that they have a diversified culture.

dents are satisfied with the local administration.

access to gas for cooking for their daily life.

From the above chart, the study finds that the above services as identified in Melaka City are very friendly to the environment in this city. A discussion on the empirical results has been discussed as follows:


From the above chart, the study finds that the above services as identified in Melaka City are very friendly to the environment in this city. A discussion on the

1. Access to clean drinking water: About 80% of the people are satisfied with

2. Access to clean environment: In Melaka City, 71% of respondents think that

3. Forest areas for good environment: About 71% of the people think that they

4. Wetland/ponds/haors/beels for fisheries: Among all respondents, around 61%

5. Amusement/park/gardening for recreation: In the survey, 70.26% of the respondents think that they have amusement facilities, like parks, in the

6. Car parking facilities: In Malaysia, particularly in Melaka City, 61% of the

empirical results has been discussed as follows:

*Sustainability Concept in Developing Countries*

pure drinking water in Melaka City.

Melaka area.

**106**

they are living and enjoying clean environment.

have forest areas for maintaining good environment.

think that the wetlands produce good environment.

people think that they have car parking facilities.


## **6. Recommendations and conclusion**

Environmental sustainability is one of the burning issues in Melaka City. In order to sustain the environment of Melaka City, this study finds that there are some important tools such as strict application of the rule of law, improvement of the respective institutional capacity, maintaining coordination with the respective departments, and enforcement of the existing sustainability laws and policies, focusing on the implementation of the findings of the existing research including this work.

#### **Acknowledgements**

We would also like to express our sincere gratitude to all concerned authors and authorities at home and abroad.

**Author details**

Noor Mohammad

**109**

Department of Law and Human Rights, School of Arts and Social Sciences,

© 2020 The Author(s). Licensee IntechOpen. This chapter is distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/ by/3.0), which permits unrestricted use, distribution, and reproduction in any medium,

Ranada Prasad Shaha University, Narayanganj, Bangladesh

*An Empirical Study on Environmental Sustainability in Melaka City*

*DOI: http://dx.doi.org/10.5772/intechopen.92157*

\*Address all correspondence to: noormmu2011@gmail.com

provided the original work is properly cited.

*An Empirical Study on Environmental Sustainability in Melaka City DOI: http://dx.doi.org/10.5772/intechopen.92157*
