Resources for economic development, people’s livelihood, breathing air, food, water, etc. are all related to the conservation of nature and environment. It is often said that there are laws in Bangladesh but no enforcement of the law. There are many laws and policies in Bangladesh for the conservation of nature and environment. But sadly, there is a huge lack of effective implementation of these laws and policies. The public is also not aware of various environmental laws. According to data, Bangladesh is one of the countries behind in environmental protection and pollution control. Thousands of people die in Bangladesh every year due to various environmental pollution.
The capital Dhaka is second in the world in terms of air pollution. Apart from this, the country’s district cities are plagued by various pollution. Most of the country’s rivers are victims of encroachment and pollution. Many rivers have already disappeared due to the navigability crisis, many rivers are on the verge of disappearing. Due to the lack of waste treatment plants (ETP) in most of the country’s industries, the pollution of the rivers is increasing.
Trees are being cut down indiscriminately in different parts of the country. Hills are being cut down to build settlements. Severe pollution from plastic and polythene is causing extensive damage to the environment. The use of ‘banned’ polythene is rampant. Pollution from brick kilns is posing a risk to public health. Urban dwellers are suffering greatly due to waste pollution in cities. Extensive damage is being done to nature and the environment during the implementation of various development projects.
Environmental Impact Assessment (EIA) is not being considered for the implementation of any project. In a word, the overall economy is suffering huge losses due to environmental disasters. Pollution is negatively affecting the health of all ages, including children. It seems that all environmental laws do not even exist to protect the overall environment.
Bangladesh Environment Protection Rules-1997 (with amendments), Environmental Court Act-2010, Bangladesh Biodiversity Act-2017, Environmentally Critical Areas Management Rules-2016, Noise Pollution Control Rules-2006, Medical Waste (Management and Processing) Rules-2008, Brick Making and Kiln Establishment (Control) Act-2013 (with amendments), Climate Change Trust Act-2010, Motor Vehicles Act-1940, Smoking and Use of Tobacco Products (Control) Act-2005, Although there are laws like the Mandatory Use of Jute Products in Products Act-2010, the National River Protection Commission Act-2013, etc., the laws are not properly implemented. If the environmental law is implemented, not only will awareness be created among the public, but the environment will also be protected.
The Environmental Court Act is not practical and effective, so it is not possible to protect the environment. Although there is a provision for the formation of a court in each district of the country according to the Environment Act-2010, there are 3 environmental courts (Dhaka, Chittagong, and Sylhet) and an environmental appeal court in Dhaka. As a result, both the plaintiff and the defendant are facing problems in handling environmental pollution cases in different districts. Due to the lack of an environmental court in each district, the affected people are not able to file cases related to environmental pollution.
Again, due to the small number of environmental courts, it is taking a long time to settle cases. Sadly, under the existing Environmental Court Act, ordinary people cannot directly file cases against polluting organisations. They can only file cases for compensation. According to information, an average of only 80 cases are filed in environmental courts in Bangladesh every year. The question is, why are so few cases filed in environmental courts when other courts in the country are overloaded with cases?
Even though we hear about environmental pollution, degradation and disasters in the media every day, why don’t people approach the environmental courts? The main reason for this is that public awareness about environmental laws has not yet been developed. It is usually seen that the people who cause environmental disasters and pollute are rich, influential and powerful. On the other hand, the affected or suffering people are often not encouraged to file cases because they are poor and ordinary.
It seems that the affected person does not even have to bear the cost of running the case. For these reasons, the question may arise, how public-friendly is the Environmental Court? Again, the complainant has to present all the evidence in the Environmental Court, which is a difficult task for the complainant. All other environmental-related cases (forest protection, water pollution, biodiversity protection, etc.) cannot be filed in the Environmental Court. Only the crimes of the Brick Making and Kiln Establishment (Control) Act-2013 can be tried and compensation demanded.
Therefore, in need of the hour, the Environmental Court should reflect the public’s expectations and aspirations for the protection of environmental rights by amending the Environmental Law and opening up the jurisdiction to file all types of cases to everyone. Along with this, widespread public awareness should be raised about various environmental laws and regulations. As a result, the public will be able to play a direct role in protecting the environment around them.
The writer is a journalist and researcher. E-mail: [email protected]
