Barriers To Access To Environmental Justice in Bangladesh

Barriers to Access to Environmental justice in Bangladesh: A
Critical Analysis
By
Mashrur Ahmed Chowdhury Priyo
A thesis submitted in partial fulfillment for the requirement of LL.M Degree
Supervised By
Munira Jahan Sumi
Associate Professor
Department of Law
Jagannath University
Date of Submission
19 February 2024
DEPARTMENT OF LAW
JAGANNATH UNIVERSITY
LETTER OF TRANSMITTAL
To
Munira Jahan Sumi
Associate Professor,
Department of Law
Sub: Submission of thesis paper
Dear Mam,
It is a great pleasure to submit my thesis on “Barriers to Access to Environmental justice in
Bangladesh: A Critical Analysis”. I have given my best efforts to finish the thesis with relevant
information that I have collected from various sources. I have concentrated my efforts to achiving
the objectives of the work and hope that my endeavour will serve the purpose. I shall be grateful
and obliged if you kindly accept my thesis and evaluate it.
Sincerely Yours,
___________________
ID No: M220501805
Department of Law
DECLARATION
I hereby solemnly declare that the work presented in this thesis paper has been carried out by me
and has not been previously submitted to any other institution. The work I have presented does not
breach any copyright. I further undertake to indemnify the University against any loss or damage
arising from a breach of the foregoing obligations.

ID No: M220501805
Department of Law
CERTIFICATION
This is to certify that the dissertation “Barriers to Access to Environmental justice in

Bangladesh: A Critical Analysis” might be placed on the evaluation board. It is done by Mashrur
Ahmed Chowdhury Priyo in partial fulfilment of the requirement for the degree of the Masters in
Laws from Jagannath University. The dissertation has been carried out under my guidance and is
a record of the bona fide work carried out successfully.
___________________
ID No: M220501805
Department of Law
ABSTRACT
Environmental pollution and third world countries are connected with each other. In this era of
globalization and modernization the ratio of pollution is increasing due to many reasons. There are
some development criteria like urbanization, modernization would bound to happen with the
passing of time. We can’t change it but we can control or reduce the pollution through proper
guidelines and mechanism and proper execution of law. It is not solely true that Bangladesh alone
can suffer the environmental catastrophe. The whole world is getting through an environmental
change. Those 1st world countries are conscious about their daily action which made them into a
better place than us. There are plenty of laws in Bangladesh for environmental protection but due
to lack of proper execution we are lagging behind. After the birth of an independent nation
Bangladesh signed various international conventions and treaties for environmental protection. As
long as environmental justice is concern the procedure given by our environment related laws are
so complicated that people don’t want to come to court and ask for remedy. Apart from these there
are various socio-economic factors which is an obstacle to get healthy environment and
environmental justice as well. The purpose of writing these research paper is to make a clear
understanding about environment, environmental pollution, environmental justice and find out the
key factors of not getting environmental justice in accordance with our domestic laws.
Additionally, find out the role of civil society and government as well.
ACKNOWLEDGEMENTS
The author is immensely grateful to all of them who have given guidance, help and co-operation
during the tenure of the study. Although it is not possible to mention everyone by name, it will be
an act for ungratefulness if some names are not mention here.
I would like to acknowledge the untiring inspiration, encouragement and precise guidance
provided by my respected teacher and supervisor, Munira Jahan Sumi, Associate Professor,
Department of Law, Jagannath University. Her constructive criticisms, continuous supervision and
valuable suggestion were helpful in completing the research and writing the manuscript.
I take the opportunity to express my appreciation and hearties thanks to my entire respected
teachers of the Department of Law for their proficient teaching and helpful advice.
ABBREVIATIONS
EPI Environment Performance Index
DOE Department of Environment
BELA Bangladesh Environmental Lawyers Association
WHO World Health Organization
EPA Environmental Protection Agency
WASA Water Supply and Sewerage Authority
NRCC National River Conservation Commission
RDRC Rivers and Delta Research center
NAACP National Association for the Advancement of Color People
SMBCEDP St. Martin Island Biodiversity Conservation and Eco-Tourism Development Project
UNCBD United Nations Convention on Biological Diversity
HCD High Court Division

TABLE OF CONTENT
CHAPTER ONE: INTRODUCTION ............................................................................................................................. .
1.1 BACKGROUND OF THE STUDY ................................................................................................................................ ..1

1.2 STATEMENT OF THE PROBLEM................................................................................................................................. 3
1.3 RESEARCH OBJECTIVE............................................................................................................................................ 4
1.4 RESEARCH QUESTIONS .......................................................................................................................................... 4
1.5 LITERATURE REVIEW ............................................................................................................................................. 4
1.6 SIGNFICANCE OF THE STUDY ................................................................................................................................... 6
1.7 SCOPE AND LIMITATION OF THE STUDY ...................................................................................................................... 7
1.8 RESEARCH METHODOLOGY .................................................................................................................................... 7
1.9 CHAPTER ORGANIZATION……………………………………………………………………………………………………………………………………….8
1.10 CONCLUDING REMARKS ....................................................................................................................................... 9
CHAPTER TWO: THE CONCEPTUALIZATION OF ENVIRONMENT AND ENVIRONMENTAL JUSTICE .......................... …
2.1 INTRODUCTION ................................................................................................................................................. 10

2.2 WHAT IS ENVIRONMENT ...................................................................................................................................... 10
2.3 WHAT IS ENVIRONMENTAL LAW ............................................................................................................................. 11
2.4 MEANING OF ENVIRONMENTAL POLLUTION ............................................................................................................. 12
2.4.1 AIR POLLUTION .................................................................................................................................................................................... 13
2.4.2 WATER POLLUTION ............................................................................................................................................................................ 14
2.4.3 NOISE POLLUTION ............................................................................................................................................................................... 14
2.4.4 SOIL POLLUTION ................................................................................................................................................................................ 15
2.5. ENVIRONMENTAL JUSTICE…………………………………………………………………………………………………………………………………..15
2.5.1 MEANING OF ENVIRINMENTAL JUSTICE ............................................................................................................. 15
2.5.2 MEANINGFUL INVOLVEMENT ......................................................................................................................... 16
2.5.3 HISTORY OF ENVIRONMENTAL JUSTICE ................................................................................................................................................... 17
2.6. CONCLUSION ................................................................................................................................................... 18
CHAPTER THREE: ENVIRONMENTAL POLLUTION : CAUSES AND EFFECTS ............................................................ ….
3.1 INTRODUCTION ................................................................................................................................................. 20

3.2. SOCIO ECONOMIC CAUSES ................................................................................................................................... 20
3.2.1 Rapid population Growth .................................................................................................................................................................. 21
3.2.2 URBANIZATION ......................................................................................................................................... 22
3.2.3 NEGATIVE AGRICULTURAL PRACTICE................................................................................................................. 22
3.2.4 IMPROPER WASTE MANAGEMENT .................................................................................................................. 23
3.3 LEGAL PERSPECTIVE ............................................................................................................................................ 24
3.4 POLITICAL ISSUE ..................................................................................................................................................................25
3.5 EFFECT OF ENVIRONMENTAL Pollution…………………………………………………………………………………………………………………...26
3.6 CONCLUSION ...................................................................................................................................................................................... 26
CHAPTER FOUR: ENVIRONMENTAL DEGRADATION SITUATION IN BANGLADESH .................................................. …
4.1 INTRODUCTION ................................................................................................................................................. 27

4.1.1 CONDITION OF THE ENVIRONMENTAL ELIMENTS OF BANGLADESH....................................................................................................... 28
4.1.2 CONDITION OF THE AIR ................................................................................................................................. 29
4.1.3 CONDITION OF THE WATER ..................................................................................................................................................................... 29
4.1.4 CONDITION OF THE SOIL .......................................................................................................................................................................... 30
4.2 LOSS OF BIO DIVERSITY IN ST. MARTIN’S ISLAND AND ITS CONSERVATION ......................................................................... 31
4.3 BIODIVERSITY OF SUNDARBANS UNDER THREAT ............................................................................................................................................. 31
4.4 TANNERIES OF HAZARIBAG IN DHAKA ...................................................................................................................... 32
4.5 CONCLUSION ...................................................................................................................................................................................... 32
CHAPTER FIVE: NATIONAL AND INTERNATUINAL LEGAL INSTRUMENTS DEALING WITH THE ENVIRONMENTAL
JUSTICE .................................................................................................................................................................. ….
5.1 INTRODUCTION ................................................................................................................................................. 33

5.2 THE BANGLADESH ENVIRONMENTAL CONSERVATION ACT, 1995 ................................................................................... 33
5.3 CONSTITUTION AND ENVIRONMENTAL PROTECTION.................................................................................................... 34

5.4 THE ENVIRONMENTAL COURT ACT, 2010 ................................................................................................................. 35
5.5 THE BRICK BURNING (CONTROL) ACT, 1989 ............................................................................................................. 36
5.6 Bangladesh- Factories Act,1965…………………………………………………………………………………………………………..36
5.7 National RIVER CONSERVATION COMMISSION ACT, 2013………………………………….……………………………...............37
5.8 ENVIRONMENTAL POLLUTION CONTROL ORDINANCE 1997…………………………………………………………………………...38
5.9 THE BANGLADESH BIODIVERSITY ACT, 2017………………………………………………………………………………………………...38
5.10 NATIONAL APPLICATION OF THE INTERNATIONAL ENVIRONMENTAL LAW…………………………………………………….…38
5.11 INTERNATIONAL CONVENTIONS……………………………………………………………………………………………………………...39
5.11.1 UNITED NATIONS CONVENTION ON BIOLOGICAL DIVERSITY………………………………………………………………..….39
5.11.2 THE UN FRAMEWORK CONVENTION ON CLIMATE CHANGE…………………………………………………………..………..40
5.12 PRINCIPLE UNDER CUSTOMARY INTERNATIONAL LAW………………………………………………………………………………...40
5.13 CONCLUSION …………………………………………………………………………………………………………………………….………..43
CHAPTER SIX: CHALLENGES OF GETTING ENVIRONMENTAL JUSTICE UNDER NATIONAL AND INTERNATIONAL
LAWS …………………………………………………………………………………………………………………………………………………………………….
6.1 INTRODUCTION ................................................................................................................................................. 44

6.2 CHALLENGES UNDER NATIONAL LAW. ............................................................................................................... 44
6.3 CHALLENGES UNDER INTERNATIONAL LAWS .............................................................................................................. 45
6.4 CONCLUSION…………………………………………………………………………………………………………………………………………...46
CHAPTER SEVEN: RECOMMENDATION AND CONCLUSION .................................................................................... 47
7.1 CONCLUSION .................................................................................................................................................... 48

CHAPTER ONE
Preliminary Chapter
1.1Background of the Study:
People are the child of environment. The way we treat environment this would react we in the
same manner. However, if we become friend with environment it will give us all the privilege of
being a child of environment. There is no way to deny the fact that environment is an important
part related to our human body. One can’t survive without the support of environment. The world
is getting digitalized and modernized day by day due to education and technology. As we are
getting more into this human improvement, we got our self- detached from nature which creates
so many global problems. Unfortunately, today’s world is facing environmental catastrophe for
various unwanted actions done by the humankind. The actions are sometimes intentional and
sometimes for lack of proper knowledge in this regard. As the whole environment chain is in a
vulnerable position it can be easily assumed how justice can be served in this matters for lack of
proper framework.
The concept environmental justice is the fair treatment of all the people without taking into
consideration the race, color, income, national or origin and implementing the environmental laws
1
and policies in a proper way. Environmental justice is important to maintain a healthy
environment for mankind. During civil rights movement in 1960s this concept was introduced 2.
The Environmental justice movement was first found in early 1980s in America. 3 Environmental
inequalities are very common among the low income group and minorities communities which has
been established in many recent research.4 The report shown by NAACP and clean air task force
approximately75% black people living in an area which is adjacent to industrial facilities which
1
What Is Environmental Justice?, Office of Legacy Management, < https://www.energy.gov/lm/what-environmental-
justice#:~:text=Environmental%20justice%20is%20the%20fair,laws%2C%20regulations%2C%20and%20policies.
> accessed 25 December 2023
2
Environmental justice, < https://www.greenpeace.org/usa/issues/environmental-justice/> accessed 25 December
2023
3
What is environmental justice?, < https://www.clientearth.org/latest/news/what-is-environmental-justice/> accessed
25 December 2023
4
ibid
1
causes them pollution.5 In united kingdom people with low income lives in those area where there
6
is extreme air pollution. This statistic clearly shows the opposite scenario of the concept
environmental justice where it doesn’t give less facilities to those who has poor income.
Due to rapid economic development and growing population Bangladesh is witnessing its
worst environmental disaster. It includes global warming, deforestation, pollution from ship break
industries and many more. According to Environment Performance Index (EPI) in 2020
Bangladesh ranked 162th out of 180 countries.7 The report also showed Bangladesh scored only
29 out of 100.8 Despite various shortcomings Bangladesh is trying to provide environmental justice
by establishing special court for Environment. To be more specific providing environmental justice
is not that much common terminology in Bangladesh and the procedure set by Environmental
Court Act,2010 is lengthy and it takes time to go to the final stage which discourage the common
people to ask remedy. Ordinary people don’t like to engaged themselves in typical court practice
which made themselves sit alone for a long rather than ask for justice. The person who asks for
remedy can’t file a suit directly to the environment court. The person has to go to the Department
of environment with his complaint and after getting approval from a DOE inspector the court can
take cognizance to the case. In Bangladesh BELA has been doing some remarkable works to
protect the environment and to promote environmental justice. In addition, recently Supreme court
has also provided some remarkable judgement in this regard.
Above all, not only Bangladesh many countries in the world are struggling to provide
environmental justice. In this century this is an alarming problem. Despite so many problems many
individuals and organizations are working hard to make a good end in this regard which is very
satisfactory.
5
What is environmental justice?, < https://www.clientearth.org/latest/news/what-is-environmental-justice/> accessed
25 December 2023
6
ibid
7
“Making a case for Environmental Rule of Law in Bangladesh’’, https://www.thedailystar.net/law-our-
rights/news/making-case-environmental-rule-law-bangladesh-2106989 accessed 27th December 2023
8
“Making a case for Environmental Rule of Law in Bangladesh”< https://www.thedailystar.net/law-our-
rights/news/making-case-environmental-rule-law-bangladesh-2106989> accessed 27 December 2023
2
1.2 Statement of the Problem:
Environmental problem is a biggest problem in our country but it has not addressed the way it
should be addressed. Environmental justice is a very new concept. The problem is people are not
aware about the fact of causing environmental problem and how it affects our body as well as
environmental justice. Due to lack of unwillingness and proper education this topic is always
beyond our thought and imagination. It causes the people not to think about this matter seriously.
It is needed to be taken into consideration as it is very related to our human body. We can’t survive
if we don’t take breathe properly. Environment is the source of our healthy living. Mankind and
animals are very dependent on environment. It will greatly hamper towards our body and
surroundings if it doesn’t work the way it should have to be worked. There need to be some
effective attempts and guideline to deal with this problem. Otherwise it will be tough for us to live
a healthy life.
These are the problems we all are having in today’s world. These days so many organizations
are arranging programs to make people aware about the environmental issues. The problem is that
we still have so many gaps from making plan to execute it in reality. People in Bangladesh are lag
behind from processing the whole concept of environment and environmental justice. Sadly, if
they want to work on it there are so many important issues out there to reach out. Being a citizen
of a third world country it is tough to expect something from the government and policy makers
which is not into their agenda. The crisis we are having is that poor health condition. The alarming
is that next generation will have to be suffer as well. Another alarming thing is pollution is
increasing day by day which made people impossible to live in this present world.
To get final outcome from court is a long process in Bangladesh. There are several barriers
in every step to get into the final stage. Environmental related issues are complex one as there is
no procedure to file suit directly. Apart from these administrative procedures in Bangladesh is so
slow and people who worked there are not co-operative as well. This shortcomings making the
whole process into a question. So it is high time to address this issues in a proper way.
Hopefully after completing the research we will get a clear picture regarding what are the
barriers to access environmental justice as well as get the recommendations to recover from this
3
existing problem. Surely this research will make a positive impact towards the society and the
people who are working closely on it.
1.3 Research Objectives:
I. To find out the basic legal concept related to Environment and environmental justice.
II. To examine the current environmental situation and examine where environment justice
lies and how it should be served to the people in Bangladesh.
III. To identify the main barriers of getting environmental justice and finding out the
drawbacks of existing laws and conventions regarding environment with explanation of its
effectiveness.
IV. To make some recommendations of that would bring positive changes in the existing act
regarding environment.
1.4 Research Questions:
I. How environmental condition can be improved properly?

II. How environment justice can be served to the common people?
III. What are the main barriers of getting environmental justice?
IV. How common people and as well as policy makers can play their part to serve
environmental justice?
V. How Legislatures can make a change in this regard?
1.5 Literature Review:
Environment and Environmental justice is very debated topic now a day as people are concern
about their rights and duties. Some research works have been done regarding Environment and
environmental justice. Most of the cases they defamed the whole scenario of environment and
environmental justice of our country. This study focuses on to find out the barriers of accessing
environmental justice and how it should be overcome from this situation.
Mashrur salehin, in his research article, which have been published in the Business standard
said that Bangladesh is one of those 13 countries where the governments didn’t take any initiative
4
to recognize the right of environment rather supreme court of Bangladesh recently passed
important judgement regarding environment which is very fruitful in absence of clear guidelines.
Another research done by Mohammad Golam Sarwar, “Making a case for Environmental
Rule of Law in Bangladesh” gave a clear idea about our shortcomings as a nation regarding
enforcement of laws. He added that despite of being two hundred legislation regarding
environment, Bangladesh fails to take effective measures in this regard. He also said having a good
number of environmental laws, Bangladesh facing challenges in terms of implementation due to
lack of accountability, partisan state machineries etc.
Md. Zakir Hossain, in his research article title “Access to Environmental Justice: Barriers
and Expectation” point out some limitations of Environment court such as environment court has
no jurisdiction to try offences relating to forest resources, wild life biodiversity, fisheries, water
resource and other natural resources. He also added that according to section 15(1) of the
Environment Conservation Act, 1995 read with section 2 of the Environment Court Act, 2010 can
impose the maximum limit of penalty of taka 10 lakh irrespective of the gravity of environmental
harm whereas the national green tribunal of India can impose as maximum penalty of 10 crore and
25 crore rupees for a natural person and legal person respectively. According to the writer the ratio
of filing case in environmental court is very low due to its nature of complexity. Till 15 February
2021, 5 cases have been sent for trial to the Dhaka environmental court. These courts have been
used for other trial purposes.
Jona Razzaque, in her research article titled “Access to Environmental Justice: Role of the
Judiciary in Bangladesh” clarified that neither the fundamental rights nor the preamble or the state
politics in Bangladeshi constitution mention any right to healthy and clean environment. She also
discusses the idea.
Nadim Zawad Akil, in his write up titled Loopholes and inadequacy: Why our
environmental watchdog struggles to protect the environment published in the business standard
said that Environment Conservation Act, 1995 has made some unclear provisions such as section
6(e) which prohibited to fill up wetlands except for public interest. But the interesting fact is that
the Act itself doesn’t provide any exact definition of public interest. He also added section 6(a)
where it implies production and stocking of shorts bags are not prohibited if it is done for exporting
5
purpose. This is a clear violation of No harm principle which has been established under Stockholm
conference,1972 and Rio declaration 1992.
An article titled পরিবেশ দূষণ ম োকোরেলোয় েোজোিরিরিক স োধোন জরুরি | Karimul Tuhin
explained that, controlling environmental pollution is related to the political kindness. It’s also a
known fact that businessmen have a lot of role to play in the environment system as well as in our
politics.
Rizowan Ahmed, in his research article, which have been published in the Dhaka Tribune
said that Bangladesh has special court to deal with environment related issues under Environment
Court Act 2010 but unfortunately common people can’t file a suit directly in this regard. The
aggrieved person has to go to the Department of Environment (DOE) for the complaint and after
taking report from the DOE inspector, the court can take initiative to file the case. He also added
that the procedures are so complicated that it discourages people to come court regarding
environment related issues. Another concern the writer added that the judges who sit for
environmental related issues doesn’t have any technical knowledge regarding environment nor
have any previous training on it which made their task much more complicated.
1.6 Significance of the Study:
As a law student we have some responsibilities and duties towards the society and nation. But
environment justice has not served yet as it is not a common practice in Bangladesh. Laws ensures
environmental justice but in reality it has not been in practice. So I thought to write down
something which benefits the millions of people and as well as let the people know how important
environment is. The main significance of this study is given below:
 As the work on this topic is very few, this research will be benefited the society in general.
After completion of this study it surely changes the outlook of the community. People will
get to understand how important this topic is. Not only that this study will give a clear
understanding about environment and environmental justice of the people out there.
 This study will benefit the future researchers as well. In the field of research future
researchers would get a guideline and idea about their further step. The work on this topic
a is very few for which this work will definitely added value to the field of research.
6
 Academics and students also benefited from this study. A good research work helps the
students and academics to think sharply. This study will give them that privilege to think
out of their boundary.
 In a greater sense those who are working closely for environmental justice can get proper
idea about environment and how justice has to be served in this field.
 The findings of this study will make a positive impact on the policymakers and the
government as well.
 Those who are practicing law this study immensely helps them to bring this particular
issues into the court.
 However, environmental activist would greatly have benefited from this piece of work.
Above all environment is an important part of nature. Human and mankind can’t live without the
healthy environment. So we need to take good care of environment for our own sake.
1.7 Scope and Limitations of the Study:
The main purpose of this study is to find out the barriers of accessing environmental justice and
how this situation can be overcome. Apart from this this study will also give a clear idea about in
what point we are struggling to access environmental justice. This study is based on Dhaka,
Bangladesh. But not limited to the capital city. This study will give a clear scenario about whole
Bangladesh. This study will focus on some limited sections of The Environment Court Act, 2010,
The Bangladesh Environment Conservation Act,1995, The constitution of the Peoples Republic of
Bangladesh. The duration of this study is 6 months as the purpose of this study is for academic
purpose. There were some limitations of this research work. Firstly, time was not sufficient to
conduct this broad research paper. Secondly, I had used some limited number of journals, articles
and books to conduct my research paper. Thirdly, there are so many things left to discuss in this
context because lack of authentication. Despite some limitations, this research work has been done
with proper dedication and enthusiasm.
1.8 Research Methodology:
In this research work I have analyzed Laws and case studies as primary source and for secondary
source I have researched on various journal articles, newspaper article. The nature of this research
7
is theoretical. I have also interviewed several persons to know about their view in this topic. Their
opinion has highly influenced my research throughout this paper. This whole research has been
divided into several parts. In the very first part I have discussed the background of the study,
limitation, scope, research question, objective and methodology of the study. Then chronologically
discussed conceptual and theoretical framework, legal and factual analysis, case studies and
findings and lastly recommendations and conclusion of this research paper.
1.9 Chapter Organization:
The title of the study is “Barriers to access Environmental Justice in Bangladesh: A Critical
Analysis”, discusses the existing act in accordance with the present situation. However, the prime
concern of this study would be to find out the barriers of accessing environmental justice. This
study consists of five chapters.
Chapter one: This is the preliminary chapter. Discusses the background of the study, limitation,
scope, research question, objective and methodology of the study.
Chapter two: Discusses about the Conceptualization of Environment and Environmental justice.
Chapter three: Discusses the causes and effects of pollution.
Chapter four: Discusses the Environmental degradation situation in Bangladesh.
Chapter five: Discusses the national and international legal instruments dealing with the
Environmental Justice.
Chapter six: Discusses the challenges of getting Environmental justice under national and
international laws.
Chapter seven: Recommendations and conclusion.
8
1.10 Concluding Remarks:
This current chapter is very initial chapter of this study. Like all other study this chapter just
discusses the basis of this study. This study will subsequently open up what I wanted to show as
an individual.
9
CHAPTER TWO
The Conceptualization of Environmental Law and Environmental Justice
2.1 Introduction:
Environment, mankind and civilization are very ancient theory as they are related to each other.
From the very beginning socialists have been very busy establishing those concept and relations
among them. We all know that environment has a great effect to us in our life in each and every
moment. Environment plays significant role in healthy living and existence of life on planet earth.
Though we care less on our mental health, environment plays a vital role on our mental health. We
are from environment and the importance of the environment is too large to complete through
writing. Life on earth is possible only from the environment. From maintaining the balance in the
climate also provides all necessary things necessary for life. Undoubtedly it can be said that the
environment consists of all things living or nonliving that influence human life. Al resources come
from environment. Environment is our first global home. Here I will address the theoretical
concept of environment and relation with human and legal norms from the perspective of both
socialists and legal aspect.
2.2 What is Environment:
“Environment means the inter relationship existing between water, air, soil and physical property
and their relationship with human beings, other animals, plants and microorganisms”. 9 According
to Oxford Advanced Learners Dictionary, “ Environment is the natural world in which the peoples
animals and plants live.”10
Under the 1991 ESPOO Convention and the 1992 water Course Convention, ‘The
Environment’ which is defined in terms of impacts includes, human health and safety, flora, fauna,
soil, air, water, climate, landscape and historical monuments or other physical structure or the
interactions among them.11 Even in National Environmental Management Act, 1998, Environment
9
The Bangladesh Environment Conservation Act, 1995”, Section 2
10
Oxford Advanced Learners Dictionary, A.S Hornby, 6th ed, P. 421
11
Philippe Sands, Principle of International Environmental Law,Cambridge uni. Press, 2003, p.
10
is defined as, “ Environment means the surroundings within which human exist and that are made
up of:12
a. The land, water and atmosphere of the earth

b. Micro-organisms, plant and animal life
c. Any part or combination of (1) and (2) and the interrelationships among and between them
and the physical, chemical, aesthetic and cultural properties and conditions of the
foregoing that influence human health and well-being. Environment is related with
ecology and ecosystem.
In the Web Dictionary Environment is defined as-13
1. The circumstances or conditions that surround one; surroundings.

2. The totality of circumstances surrounding an organism or group of organisms, specially:
 The combination of external physical conditions that affect and influence the growth,
development and survival of organisms.
 The complex of social and cultural conditions effecting the nature of an individual or
community.
Everything around us we can see are part of our environment. All natural things around us
are part of the environment. Environment is the global home where we all live. Each and every
thing around us even, part of the world which is not man made is our Environment.
2.3 What is Environmental Law:
Environment is a key concern now a day as it is being destroyed by human activities through
various activities. Contemporary environmental issues, such as depletion of the stratospheric ozone
layer, climate change and the loss of biodiversity can have global ramifications or at least
consequences transcending national boundaries.14
12
MD Jahid Hasan, International Environmental Law with Bangladesh Perspective, University Publication, p. 225
13
Ibid
14
Ibid
11
Environmental law is a body of law, which is a system of complex and interlocking status,
common law, treaties conventions, regulations and policies which seek to protect the environment
which may be effected, impacted or endangered by human activities. 15 Some environmental laws
regulate the quality and nature of impacts of human activities: for example, setting allowable levels
of pollution or requiring permits for potentially harmful activities. 16
Environmental law is set of rules and obligation to protect and conserve the Environment
and prevent degradation of the environment and make the international rules and treaties applicable
in domestic environment.
2.4 Meaning of Environment Pollution:
“Environment Pollutant means any solid, liquid or gaseous substance which causes harmful effect
to the environment and also includes heat, sound and radiation.”17 Everything around us we can
see are part of our environment. All natural things around us are part of the environment.
Environment is the global home where we all live.
Pollution is the introduction o contaminants into an environment that cause instability,

disorder, harm or discomfort to the physical system or living organisms they are in. pollution can
take the form of chemical substances or energy, such as noise, heat or light energy. He also added
that, that elements of pollution can be foreign substances as well as energies or naturally occurring;
when naturally occurring, they are considered contaminants when they exceed natural levels.
In the case of Farooque v. Government of Bangladesh WP 891 of 1994 “pollution” was

defined as- such contamination, or other alteration of the physical, chemical or biological
properties of any waters, including changes in temperature, taste, colour, turbidity or colour of
the waters, or such discharge of any liquid gaseous, solid, radioactive, or other substance or render
such waters harmful, detrimental or is likely to create a nuisance or render such waters harmful,
detrimental or injurious to public health, safety or welfare, or to domestic, commercial, industrial,
15
Ibid
16
Ibid
17
Ibid
12
agricultural, recreational or other legitimate beneficial uses or to livestock, wild animals, birds,
fish or other aquatic life.
2.4.1 Air pollution:
Air pollution is the presence in the earth’s atmosphere of man-caused, or man-made, contaminants
which may adversely affect property, or the lives of plants, animals or humans. 18 Common air
pollutants include: carbon dioxide, carbon monoxide, led, nitrogen oxides, ozone, smoke and
Sulphur dioxide.19
According to the WHO (World Health Organization), Air pollution is contamination of the
indoor or outdoor environment by any chemical, physical or biological agent that modifies the
natural characteristics of the atmosphere. Household combustion devices, motor vehicles,
industrial facilities and forest fires are common sources of air pollution. Pollutants of major public
health concern include particulate matter, carbon monoxide, ozone, nitrogen dioxide and sulfur
dioxide. Outdoor and indoor air pollution cause respiratory and other diseases and are important
sources of morbidity and mortality. 20
Air pollution is the major pollution among all other environmental pollution that we all are
facing everyday life. It causes due to poor ventilation system in kitchen. Garments industry is the
main cause of outdoor air pollution. Vehicles are the another source of air pollution. Burning of
fossils are yet another prime concern. From 2015-2019 the air pollution concentration level P𝑀10
and P𝑀2.5 are the highest. However, the level of ozone in 2015 was 7µg/𝑚3 and in 2019 it reaches
into 10.5µg/𝑚3 21.
18
MD Jahid Hasan, International Environmental Law With Bangladesh Perspective, University Publication, p. 225
19
Ibid
20
“Air Pollution”, https://www.who.int/health-topics/air-pollution#tab=tab_1 accessed 15 January 2024
21
“Breathing Uneasy: An Assessment of Air Pollution in Bangladesh”, Fahmida khatun, Syed Yusuf Saadat, Kashfia
Ashraf, https://www.theigc.org/sites/default/files/2023-11/BREATHING-UNEASY-An-Assessment-of-Air-
Pollution-in-Bangladesh.pdf accessed 11 February 2024
13
2.4.2 Water Pollution:
Water pollution is a global plague that affects the people, animals and plants. These life forms
need water to survive. According to Columbia Encyclopedia, contamination of water resources by
harmful wastes is called water pollution.22
According to Environmental Pollution Centre, “Water pollution is defined as the presence in

groundwater of toxic chemicals and biological agents that exceed what is naturally found in the
water and may pose a threat to human health and/or the environment. Additionally, water pollution
may consist of chemicals introduced into the water bodies as a result of various human activities.
Any amount of those chemicals pollutes the water, regardless of the harm they may pose to human
health and the environment”. Through that definition humans are being made liable only or the
reason of water pollution by addressing that, “water pollution may consist of chemicals introduced
into the water bodies as a result of various human activities”. Even in GEMET the water pollution
is defined as, the direct or indirect human alteration of the biological, physical, chemical or
radiological integrity of freshwater. So that can be said undoubtedly that human actions are the
prime reasons of water pollution.
2.4.3 Noise Pollution:
Noise pollution or sound pollution is when the exposure of people or animals to levels of sound
that is annoying, stressful or damaging to the ears.23 Although loud and frightening sounds are part
of nature, only in the recent centuries has much of the world become urban, industrial and
chronically noisy.24 Noise is one of the most pervasive pollution in America.25
Noise pollution is generally defined as regular exposure to elevated sound levels that may
lead to adverse effects in humans or other living organisms. 26 According to the World Health
Organization, sound levels less than 70 dB are not damaging to living organisms, regardless of
22
MD Jahid Hasan, International Environmental Law with Bangladesh Perspective, University Publication, p. 225
23
Ibid
24
Ibid
25
Ibid
26
“What is Noise Pollution”, https://www.environmentalpollutioncenters.org/noise-pollution/ accessed 16 February
2024
14
how long or consistent the exposure is.27 Exposure for more than 8 hours to constant noise beyond
85 dB may be hazardous. 28 If you work for 8 hours daily in close proximity to a busy road or
highway, you are very likely exposed to traffic noise pollution around 85dB.29
2.4.4 Soil Pollution:
Soil is another important source of our environment as well as for our living. It is the most
important source of minerals, gases, liquids, and nutrition. 30 Excessive use of chemicals by
different manufacturing factories are the main reason of soil pollution. 31It is very alarming that
one third of the soil in the whole world has already been ruined. Plastic materials and chemical
products directly dumped into soil which is the prime concern for soil pollution.32 Humans are also
responsible for soil pollution because of their reckless activities. Soil pollution not only affects the
human and animals it directly affects the chain of the eco-system.33
2.5 .1 Meaning of Environmental Justice:
“Environmental justice (EJ) is the fair treatment and meaningful involvement of all people
regardless of race, color, national origin, or income with respect to the development,
implementation and enforcement of environmental laws, regulations and policies.” 34
There should have no doubt that, technically this one is more effective definition about
environmental justice referred by the US Environmental Protection Agency (EPA). Without
ensuring the “fair treatment” it will be avoiding the rule of law in Environmental Justice system.
It will not be exaggerate saying that the term “fair treatment” is the cabalistic principle of the
27
“What is Noise Pollution”, https://www.environmentalpollutioncenters.org/noise-pollution/ accessed 16 February
28
ibid
29
Ibid
30
“ Soil Pollution- A Consequence of Environmental Misdeeds: Bangladesh Context”, Kudrat E Khuda (Babu), And
Md. Riaduzzaman, < https://www.researchgate.net/publication/354090793_SOIL_POLLUTION-
A_CONSEQUENCE_OF_ENVIRONMENTAL_MISDEEDS_BANGLADESH_CONTEXT> accessed 14 February
2024
31
ibid
32
Ibid
33
Ibid
34
“What is Environmental Justice”, https://detroitenvironmentaljustice.org/what-is-environmental-justice/ accessed
14 February 2024
15
definition of Environmental Justice given by the US Environmental Protection Agency (EPA). US
Environmental Protection Agency (EPA) also explained the term “fair treatment” as,
“Fair treatment means no group of people should bear a disproportionate share of the negative
environmental consequences resulting from industrial, governmental and commercial operations
or policies.”35
Though there is no debate about the explanation of the “fair treatment” referred by the US
Environmental Protection Agency (EPA), I have some questions. Why only “group of people” is
mentioned? Cannot an individual person shall bear a disproportionate share of the negative
or policies? Even, if that individual person bears a disproportionate share of the negative
or policies what will be the justice on behalf of that individual person? No doubt that it conflicts
with the Human right providing not enough sufficient access to the individual person which letting
him suffering. If I follow the explanation given by the US Environmental Protection Agency
(EPA), I am unable to claim my “Easement Right” transgressed by any industry, government or
any other individual person. That’s why I strongly prefer to add that term “individual person” with
the explanation referred by the US Environmental Protection Agency (EPA) as an extension.
2.5.2 Meaningful Involvement:
meaningful involvement means:
 People have an opportunity to participate in decisions about activities that may affect their
environment and/or health;
 The public's contribution can influence the regulatory agency's decision;
 Community concerns will be considered in the decision making process; and
35
Ibid
16
 Decision makers will seek out and facilitate the involvement of those potentially affected.36
 Addressing, to the extent practicable and appropriate, other barriers to participation that
individuals may face
2.5.3 History of Environmental Justice:
Environmental justice can trace its roots back to civil rights and social justice events in the 1960’s,
such as when Latino farm workers in California organized and fought for workplace rights and
health safety, or when African-American students in Houston protested a city garbage dump in
their community, or when residents of Harlem, NYC joined together to fight a sewage treatment
plant in their neighborhood.
Those events laid the foundations for the 1982 protests in Warren County, NC, which many
people point to as the event that truly launched the environmental justice movement 37. There, local
residents of color organized protests over a state decision to move contaminated soil from
roadsides across the state to a landfill in Warren County, one of only a few counties in North
Carolina with a majority Black population.38
The prominent wave of the environmental justice movement first took place in 1982 in a
predominately African-American society in warren County, North Carolina which is a very well-
known fact to all39. That time the community had been designated as the future site of h hazardous
waste landfill-one that would accept the PCB-contaminated soil resulting from the illegal dumping
of toxic waste along roadways. Though the state was pressed to consider alternative sites, the
designation of the landfill site in the small African American community remained unchanged.
36
“Learn About Environmental Justice”, https://www.epa.gov/environmentaljustice/learn-about-environmental-
justice#:~:text=Environmental%20justice%20(EJ)%20is%20the,environmental%20laws%2C%20regulations%20an
d%20policies accessed 14 February 2024
37
15 February 2024
38
ibid
39
Ibid
17
Then more than 500 protesters were arrested and the failed to keep the landfill out of the
community, the national environmental justice movement was underway in earnest 40. Number of
environmental justice movement came to light through the path that movement of Warren County
has established. The fight of United Farm workers against pesticides, the action of indigenous
peoples for restoration of their treaty rights are the result of that event 41. The very first event was
“The Michigan Conference on Race and the incidence of Environmental Hazards”. And that was
held at the school in January 199042. It will not be enough to say that it was a high-level government
meeting. Special task force by the EPA was established to execute order related to environmental
action. 43
In 1991 the First National People of Color Environmental Leadership Summit was held in
44
Washington D.C. They defined Environmental Justice as a national movement as well as
Environmental Justice have been set as guideline to all. In 1992 the U.S. launched the
Environmental Justice program first of all. The article entitled “The Demographics of Dumping
Revisited” published in 1995 was a landmark report about distribution of hazardous waste. Within
2005 Environmental Justice became one of the school’s fields of study. 45
2.6 Conclusion:
Environmental justice is based on the reality that certain groups in society bear unequal
environmental and economic burdens like poor air and water quality, as well as unhealthy living
conditions resulting from industrial, municipal, and commercial operations and/or federal, state,
and local laws, regulations, and policies. It is the idea that all people and communities have the
right to equal environmental protection under the law, and to the right to live, work and play in
communities that are safe, healthy and free of life-threatening conditions. Environmental justice is
40
“History of Environmental Justice Education and Research SEAS”, https://seas.umich.edu/academics/master-
science/environmental-justice/history-environmental-justice accessed 15 February 2024
41
Ibid
42
“History of Environmental Justice Education and Research SEAS”, https://seas.umich.edu/academics/master-
science/environmental-justice/history-environmental-justice accessed 15 February 2024
43
Ibid
44
Ibid
45
Ibid
18
made possible when all communities have access to information and decision-makers that enable
them to take action and create positive change for themselves.46
46
15 February 2024
19
CHAPTER THREE
Environmental Pollution: Causes and Effects
3.1 Introduction:
Pollution has become the most dangerous enemy of mankind. Industrial revolution is one of the
main reasons behind the pollution. 47 The issue “Environmental Pollution” is getting more
dangerous to mankind rather than nuclear blast. 48 Technological advancement has brought
revolutionary changes in life style and national economy with and national economy with
49
overwhelming power over nature. Bangladesh is facing a serious problems including
deforestation, land degradation, air pollution, water contamination as well loss of biodiversity. The
poor play a vital role in influencing these aspects of environmental degradation. Growth of
population is the reason of deforestation. Water contamination is due to fertilizer and pesticides
used in agricultural land to run off farmland during rainy season. Lack of proper education and
people awareness are also significant reason behind the environmental pollution in Bangladesh.
The present condition of environment in Bangladesh is not at all conductive or healthy living.
There are various reasons behind Environmental pollution. From legal perspective to social-
economic perspective both are responsible for environmental pollution.
3.2 Socio Economic Causes:
Bangladesh is getting developed day by day. As a result, economy is growing as well. So it effects
on the infrastructure as well. Many development projects are rising. These rising structure directly
effects on the environment. Due to rapid growing infrastructure people cutting down trees and
making big buildings which changes the timing of rain and sometimes excessive heat in summer
is another factors of natures unwanted behavior. Population is increasing so our vehicles also. The
vehicles are using poisonous chemicals which increases the pollution. The number of readymade
47
“Environmental Pollution in Bangladesh and its effects”, “Towfique Hassan”
https://businesspostbd.com/editorial/environmental-pollution-in-bangladesh-and-its-effects-2022-05-06 accessed 16
February 2024
48
Ibid
49
Ibid
20
garments are increasing and there are no certain guidelines that where garments factory has to be
set up. In Dhaka city or other cities in Bangladesh garments factory can be found near the house.
The waste garments factory discharged every day is a direct causes of pollution. Using Poly bags
is another serious cause of pollution. For public benefit and cope up with the world government
making new roads, airport, train station. There is no doubt that these actions are the potential
reasons of increasing pollution. Farmers uses excessive Fertilizers and pesticides which is another
source of environmental pollution.50
3.2.1 Rapid Population Growth:
The current population of Bangladesh is about 174,044,831 as of Thursday, February 15, 2024. 51
That data is based on Worldometer elaboration of the latest United Nations data. 52 Analyzing the
data, a surprising information can be shared that Bangladesh has 2.15% of the total world
population.53 Total land area of Bangladesh is about 130,170 k𝑚2 or 50,259 sq. miles.54 So that
numbers show that the population density in Bangladesh is 1329 per k𝑚2 .55 Bangladesh ranks
number 8 in the list of countries by population.56 There should have no argument if it is said that
Bangladesh is an over populated country. As a result, more people lives in a small area.
Considering the number of the population of Bangladesh it’s really hard to cover such population
by providing necessary resources and quality lifestyle. As people are not having quality of places
to live they are cutting down trees which results deforestation. They are using chemicals to produce
more food as the resources are not enough. Destroying rivers natural diversity and eco-system
sometimes by over catching of its living resources or filling of rivers to make their residences. The
main reasons of the environmental pollution are the over pollution of Bangladesh.
50
“Environment Pollution: Classification, causes and its Types”, https://www.nextias.com/blog/environment-
pollution/ accessed 15 February 2024
51
https://www.worldometers.info/world-population/bangladesh-population/ accessed 16 February 2024
52
ibid
53
Ibid
54
Ibid
55
Ibid
56
Ibid
21
3.2.2 Urbanization:
If we observe to previous statistics related to the environmental pollution of Bangladesh, we will

get unpleasant result as those prove that the rank of Bangladesh as polluted country which is not
expected. Another emergent reason is the urbanization. That is so expected as Bangladesh is
running through a very tough period. Government has taken some long term development
measures like metro rail establishment, Padma bridge project, elevated express way, karnaphuli
tunnel, Rup Pur Power plant, Rum Paul Power Plant and some others power plant and many more
mega projects in different location through the whole country. As a result, sometimes trees are
being cut down, rivers are facing some barriers to their natural flows, air contamination and many
more negative results are being faced.
That kind of developmental mega project is not liable occurring Environmental pollution.
However, there is very well specific provision in Bangladesh for each and every step related to not
to face the environmental pollution, peoples and the authority are not taking sufficient measures
provided to the domestic law in Bangladesh. Though that problem is temporary as those problems
will not be faced after finishing those project. But some effect will remain unless proper measures
are not taken to the authority.
Bangladesh is one of the developing country in the world. Recently the industrial sector is
growing rapidly in Bangladesh. Industries are mainly concentrated in major urbans areas like
Dhaka, the seaport cities like Chittagong and Khulna, the inland port city Narayanganj. The air
and water pollution are more acute in these area57. In rural areas of Bangladesh, the air pollution
problems have not yet become a point of concern.
3.2.3 Negative Agricultural Practice:
As Bangladesh has over population rate it suffers to provide necessary things. The resources are
not enough to proper management of it to the people. Lack of having sufficient food leads farmers
to use chemicals to the field to get more production of food. It is very harmful practice. It reduces
57
22
the production rate of the soil. Though using of the chemical may seemed to be useful as farmers
get more production but in a long term practice the soil loses its fertility. Which is definitely can
be considered as soil pollution. For the reason of Urbanization agricultural land are decreasing day
by day. The crop land of Bangladesh has been losing its fertility by using anti- natural practices
like chemical fertilizers and chemical pesticides.58 Murakami (1991) stated that the anti- natural
agricultural practices degrade the soil and ecological balance in many ways resulting poor output. 59
The anti-natural practices increase the cost of production in one hand and decrease the microbial
activities of the soil on the other, which creates new hazardous situation in the entire crop
production system including health hazards. 60 Chemical fertilizers and chemical pesticides not
only contaminate surface water, they also affect fish population and health as well.61 As a result,
farmers has to ensure more production where they have less agricultural land.
Using the chemical to the soil can also pollute the water. Those chemical of the agricultural
land can mix to the water of the pond or canals or rivers through water of rain. Mixing the water,
the chemical can pollute the river or canal too. As a result, living species of the water can be
destroyed. This is unsustainable practice in respect of environment. The whole world is running
towards the sustainable development of environment and sustainable use of environmental
resources and elements.62 From that aspect negative agricultural practice is against international
environmental customary law. 63 To reduce the negative agricultural practice eco-friendly and
sustainable agricultural practice should be introduced to the farmers. 64
3.2.4 Improper waste management
Waste management is a grave concern in Bangladesh. Waste is unavoidable as it produced by daily

human activities. It produces through discarded materials of domestic chores, agriculture, business,
58
“Impact of Eco Friendly Agricultural Practices On Crop Production in Bangladesh”,
<https://www.lawyersnjurists.com/article/impact-eco-friendly-agricultural-practices-crop-production-bangladesh/>
accessed 16 February 2024
59
ibid
60
Ibid
61
Ibid
62
“Impact of Eco Friendly Agricultural Practices on Crop production in Bangladesh”,
https://www.lawyersnjurists.com/article/impact-eco-friendly-agricultural-practices-crop-production-bangladesh/
63
Ibid
64
Ibid
23
industry, natural and man-made disasters and medical services. According to Bangladesh
Environment Conservation Act, 1995, waste is, “any solid, liquid, gaseous, radioactive substance,
the release, disposal and throwing way of which may cause deleterious changes to the
environment.” Management of waste comprised of collection, carrying, treating or disposal of
discarded materials and substances (unnisa & Rav, 2012). If we think about sustainable
environmental management then sustainable waste management is one of the key issues. The
improper waste management and dumping waste here and there causes the Environmental
pollution. Bangladesh has had a traditional waste management system since the very beginning. It
allows open dumping and burning, disposal of wastes in the water bodies, land filling, and direct
disposal into agricultural land in rural areas. In urban area the Water Supply and Sewerage
Authority (WASA) collect waste from house to house. That waste management is so far from
desirable status in Bangladesh. The Environment Conservation Act, 1995 provides definition of
waste and prescribes disposal standards for various kinds of waste. Environmental Conservation
Rules, 1997 prescribes waste transfer benchmarks principally for industrial squanders. In 1998
Urban Management Policy Statement, 1998 was enacted to privatize of urban facilities for slum
tenants, including arrangements of water and sanitation and the waste transfer was prescribed
there. Environment Management Plan, 2005 was created to reduce and recycling of wastes. Dhaka
Environment Management Plan, 2005 was introduced for less land filling.
3.3 legal Perspective:
Lack of concern of legal authority is also another main reason of environmental pollution in
Bangladesh. Sometime poor implementation of the legal obligation becomes the vital reason of
environmental pollution in Bangladesh. As an example I will refer the Ram Pal Power Plant
project. The Rampal Power Plant is established near the Mangrove Forest in Bangladesh Namely
“Sundarban”.65 It is situated 14 kilometers away from Sundarban. 66 The area is declared as an
ecologically sensitive area in Bangladesh. 67 And the legal provision related that, no mega project
should be established within 25 kilometers of that ecologically critical area or sensitive area. 68 It’s
65
Rampal Power Plant, https://www.thedailystar.net/rampal-power-plant-bangladesh accessed 16 Februaey 2024
66
ibid
67
ibid
68
ibid
24
a legal guideline under the domestic obligation of Bangladesh related to Environmental law. 69
Trees were cut down there to set up the Power Plant.70 That power plant produces fumes which
can harm the biological diversity and eco-system of the Sundarban.71
We have proper guideline through our domestic law related to the Environment. But the
problem is that the implementation of those rules are very poor.
3.4 Political Issue:
It will be not inappropriate to say that Environment was never a matter of main concern of any
political party in Bangladesh. Environment and Environment Pollution were never being an agenda
of any political party in Bangladesh.72 Even the true fact is that the members of ruling party never
thought to destroy for achieve personal benefit. Political members are found doing deforestation,
dazing, take control over the river, cutting down hills. They are using environment as an object of
their business. National River Conservation commission announced a list of names whose are
related to the crime “take control of river” from all over the Bangladesh. 73 Maximum persons were
political person from that list among 37,396 persons. 74 Though NRCC has removed the list in
December of last year.75
A well-known scholar and reputed lawyer named Syeda Rizowana Hasan went to Akbar shah
thana in Chittagong for a field visit as hills was being cut. 76 Unfortunately, she was hindered and
was neglected by the political members of ruling party.77 That new became viral through the whole
country.78 Scholars criticized that incident. But the fact is that no noticeable action was taken in
respect of that incident and that crime.79
69
ibid
70
71
ibid
72
ibid
73
Ibid
74
Ibid
75
Ibid
76
Ibid
77
Ibid
78
Ibid
79
Ibid
25
3.5 Effects of Environmental Pollution:
 Environmental pollution has a great threat to our lives.80

 Health of both human and animals are in a danger due to excessive pollution.81
 Though environmental affects the total population but women and children suffers more. 82
 Economy got a negative impact for pollution.83
 Environmental pollution has a great socio-economic negative impact including forced
migration due to lack of pure water as well as food insecurity got visible. 84
 Human work productivity decreases due to excessive pollution.
 Different types of new diseases got appeared into our body.
 People became arrogant due to pollution. (Sound Pollution)
 according to a recent research done by the River and Delta Research Center (RDRC) there
are 33 fisherman village near Turag river. 85 Almost 30,000 families got unemployed for
six months because the water gets so polluted and so fisherman can’t acquire any fish. 86
3.6 Conclusion:
It is high time we must take effective measures to control and prevent pollution as soon as possible.
Otherwise it will be very difficult for us carry out our existence in this planet. Citizens and
government from all the countries of the world should stick together unless they solve the problem.
Only co-operation and effective measures could help us to reach our goal.
80
81
Ibid
82
Ibid
83
Ibid
84
Ibid
85
“The Politics and pollution of our rivers”, < https://www.thedailystar.net/opinion/views/news/the-politics-and-
pollution-our-rivers-3277401?fbclid=IwAR3fxiHqKMHghNE4cxbTvzHa6Xs-ISBhzAb_hrOS_uepNg-
t8OjvguYnTpM >
86
ibid
26
CHAPTER FOUR
Environmental Degradation situation in Bangladesh
4.1 Introduction:
The main elements of environment are air, water, soil, tree etc. These elements are very essential
for our environment as well as humankind. Human, animals are solely dependent on these
elements. If one of those elements got affected due to pollution or anything the whole environment
chain got into a vulnerable situation. The countries who have more issues like Bangladesh are into
a real danger situation. Recent weather changes are not the outcome of one day. It is the outcome
of the decade and actions done by the mankind in daily basis. As I am writing these (14
February2024, Valentine’s day) Dhaka is ranked as 2 nd city in the world in terms of air pollution
this morning. The element PM 2.5 which is very dangerous for health was visible in today’s air.
According to WHO standard the limit was more than 49.3. Our nearest neighbor Kolkata and Delhi
ranked 1st and 3rd respectively in the same index.
It is not surprising to us announcing that Bangladesh has been struggling hard to protect the
environment from destruction. The current environment situation in Bangladesh is not at good
stake. Due to several environmental catastrophe Bangladesh’s long run development projects are
into a hopeless situation. Because developments are greatly linked with a good environmental
situation. Development progress would automatically have shrunken if the atmosphere and
environment wouldn’t co-operate together. More specifically I can recommend “Dhaka” city: the
capital of Bangladesh as an example of struggle of Bangladesh. The “Smart Air” a popular data
analysis website work on world air progress published the report on 2023 and there Dhaka was
enlisted as the world’s third most polluted country. 87 Even the daily star published news on 2022
about the world air quality and there Dhaka was awarded as the second most polluted city in the
87
25 Most Polluted Cities in the World (2023 Rankings), <https://smartairfilters.com/en/blog/25-most-polluted-cities-
world-2023-rankings/ > accessed 10 February 2024
27
world.88 These are the present situation of the Dhaka city considering the air progress comparing
to the whole world and it’s not surprising if we analyze the last ten years progress of the air in the
Dhaka city. A report titled State of Global Air 2020: How Does Air Pollution Affect Life
Expectancy Around the World? Showed that almost three years of a person’s life reduce due to air
pollution.89 According to a study conducted by the Rivers and Delta Research center (RDRC) 56
rivers flowing through the country are suffering from heavy pollution. 90 Though the natural flow
of these rivers are very low at that time. 91 In this chapter I will critically analyze current
environmental situation in light with some existing laws and conventions in Bangladesh.
As said earlier the main elements of environment are air, water, soil, tree etc. These things
are very essential to live into a healthy life. One by one I will discuss how these elements got
affected through pollution.
4.1.1 Condition of the Environmental Elements of Bangladesh:
“Environment means the inter relationship existing between water, air, soil and physical property
and their relationship with human beings, other animals, plants and microorganisms” 92 . As
environmental elements air, water, soil are well known elements to us. Though those elements can
be polluted naturally, the ratio is too little to discuss. However, those elements are contaminated
by the human actually consciously or unconsciously. Another important issue is sound
contamination that I want to address also. The environment in Bangladesh are influenced by
various factors. Massive population and the rapid growth of it, having not sufficient resources,
poverty, massive industrialization, lack of proper planning and rapid urbanization, lack of proper
execution of agricultural practice, limitation of appropriate waste management, lack of proper
environmental awareness and education and the most important fact is very weak enforcement and
regulations or implementation are considered as the key causes contributing to the environmental
88
2021 World Air Quality Report: Bangladesh Remains Most Polluted,
<https://www.thedailystar.net/environment/pollution/air-pollution/news/2021-world-air-quality-report-bangladesh-
most-polluted-2987961> accessed 10 February 2024
89
“Pollution in Bangladesh: The Invisible Tango with Death”, < https://www.thedailystar.net/opinion/closer-
look/news/pollution-bangladesh-the-invisible-tango-death-3031851> accessed 10 February 2024
90
“River Pollution: Its now all over the Country”, < https://www.thedailystar.net/environment/pollution/water-
pollution/news/river-pollution-its-now-all-over-the-country-3270451> accessed 10 February 2024
91
Ibid
92
“The Bangladesh Environment Conservation Act”, Section 2
28
issues in Bangladesh. 93
Loosing biodiversity can’t be excluded from the list. The rate of the
decrease of the natural forest is about 3.3per cent per year 94.
4.1.2 Condition of the Air:
Air pollution is the major pollution among all other environmental pollution that we all are facing
everyday life. It causes due to poor ventilation system in kitchen. Garments industry is the main
cause of outdoor air pollution. Vehicles are the another source of air pollution. Burning of fossils
are yet another prime concern. From 2015-2019 the air pollution concentration level P𝑀10 and
P𝑀2.5 are the highest. However, the level of ozone in 2015 was 7µg/𝑚3 and in 2019 it reaches into
10.5µg/𝑚3 95
4.1.3 Condition of the Water:
Water is the part and parcel of our life. We couldn’t think a single moment without water. All the
creations of human are dependent on water. Water has great impact on our body. Pollution of water
occurs for several reasons. Polluted water can easily harm our body. 71% of earth’s total surface
is covered with water.96 Among this only 2.5% are only considered as freshwater.97 Bangladesh
has plenty of water resources as Bangladesh is regarded as land of rivers. 97% of Bangladesh’s
total population has got access of water.98 But the quality of drinking water has been into a question
since long. By the year 2025 approximately 1.8 billion people living separate part of the world
would have chance to face water scarcity. 99 Bangladesh has more than 230 large and small rivers.100
These rivers are getting into absolute worse condition due to various factors including industrial
93
“Environmental Problem and Economic Impact of Bangladesh”, Antoni Barikdar,
https://www.linkedin.com/pulse/environmental-problem-economic-impact-bangladesh-antoni-barikdar-
1c#:~:text=Rapid%20population%20growth%2C%20poverty%2C%20limited,the%20environmental%20issues%20i
n%20Bangladesh. Accessed 11 February 2024
94
“Environmental pollution in Bangladesh and its effects, Towfique Hasan,
https://businesspostbd.com/editorial/environmental-pollution-in-bangladesh-and-its-effects-2022-05-06 accessed 11
February 2024
95
“Breathing Uneasy: An Assessment of Air Pollution in Bangladesh”, Fahmida khatun, Syed Yusuf Saadat, Kashfia
Ashraf, https://www.theigc.org/sites/default/files/2023-11/BREATHING-UNEASY-An-Assessment-of-Air-
Pollution-in-Bangladesh.pdf accessed 11 February 2024
96
“Water pollution in Bangladesh and its impact on public health”, Md. Khalid Hasan, Abrar Shahriar, Kudrat Ullah
Jim, < https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6684462/> accessed 14 February 2023
97
Ibid
98
Ibid
99
Ibid
100
Ibid
29
production, human factor, agricultural factor etc. Only three rivers of Sylhet are pollution free. 101
Rest of the rivers are greatly affected with pollution. People who are living into the riverside are
also not concern about the pollution of the water. They have been using water for their daily
purposes which is the another reason of water pollution. This 21 st century people also got affected
with Diarrhea, cholera, dysentery etc which has clear connection with polluted water. According
to WHO each year 8,42,000 people die from diarrhea worldwide.102 Groundwater is polluted due
to arsenic and worldwide 70 million people totally got affected from these according to UNESCO.
103
Water pollution mostly occurs because people have lack of knowledge and not aware about their
health safety.
4.1.4 Condition of the Soil:
Soil is another important source of our environment as well as for our living. It is the most
important source of minerals, gases, liquids, and nutrition. 104 Excessive use of chemicals by
different manufacturing factories are the main reason of soil pollution. 105It is very alarming that
one third of the soil in the whole world has already been ruined. Plastic materials and chemical
products directly dumped into soil which is the prime concern for soil pollution.106 Humans are
also responsible for soil pollution because of their reckless activities. Soil pollution not only affects
the human and animals it directly affects the chain of the eco-system.107
Despite all the shortcomings positive steps towards sustainable development also need to be
appreciated. Such as Coastal livelihood and Environmental Action network and the Asian Peoples’
101
“Water pollution in Bangladesh and its impact on public health”, Md. Khalid Hasan, Abrar Shahriar, Kudrat Ullah
Jim, < https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6684462/> accessed 14 February 2023
102
Ibid
103
Ibid
104
“ Soil Pollution- A Consequence of Environmental Misdeeds: Bangladesh Context”, Kudrat E Khuda (Babu), And
Md. Riaduzzaman, < https://www.researchgate.net/publication/354090793_SOIL_POLLUTION-
A_CONSEQUENCE_OF_ENVIRONMENTAL_MISDEEDS_BANGLADESH_CONTEXT> accessed 14 February
2024
105
ibid
106
Ibid
107
Ibid
30
movement on debt and development organized a rickshaw procession which was held in Khulna.
108
The purpose of the campaign was to make people aware from climate disaster.
4.2 Loss of bio diversity in St. Martin’s Island and its Conservation:
St. Martin’s Island is the only island supporting coral reef in Bangladesh. As well as coral
associated flora and fauna, was declared as an ecologically critical are (ECA) in 1999. 109 The
Island has undergone dramatic changes in recent years particularly in the development of local
tourism and sale of landed properties. Many construction and resort was created to the island.
Those buildings are created a bad impact to the tourists. As the whole process of maintaining the
tourists and resort business the tourists are creating waste. As a result, the environment of that area
is being polluted and eco-system too. A number of ships are carrying passengers to and from
Teknaf. By coal and oil produced from ship pollute water. Now Bangladesh government has taken
some step to protect and conserve the bio diversity of St. Martin by declaring it as a ecologically
110
critical area under the Bangladesh Environment Conservation Act, 1995. The ministry of
Environment has established St. Martin Island Biodiversity Conservation and Eco-Tourism
Development Project (SMBCEDP). 111
4.3 Biodiversity of Sundarbans Under Threat:
The Sundarban is the largest single block of tidal halophytic mangrove forest in the world, lies at
the mouth of Ganges and is spread across areas of Bangladesh and West Bengal, India, forming
the Seaward fringe of the delta.112 It got in scripted as a UNESCO world heritage site in 1997.
Sundarban was designated a Ramsar site on May 21, 1992. 113Due to the loss of its natural habitat
and poaching, the national symbol of Bangladesh, the Royal Bengal Tiger, is in danger. The Ram
Paul Projet is one of the reasons of destroying of the Biodiversity and eco-system of the
Sundarbans.
108
“Rickshaw Procession in Khulna Bangladesh to prevent climate change”, < https://thegreenpagebd.com/bela-
issued-legal-notice-to-bangladeshs-high-officials-to-stop-unauthorized-stone-breaking-machine-2/> accessed 14
February 2024
109
110
Ibid
111
Ibid
112
113
Ibid
31
4.4 Tanneries of Hazaribag in Dhaka City:
Nearly 200 tanneries are situated in the Hazaribag in Dhaka city and spread over 16 kilometers
114
which produce 29000millimeters of liquid waste and 12000 kg of solid water a day. The
undertreated wastes flow into the river Buriganga through lowlands. The air of the Hazaribag was
polluted by bad smell of various type of chemical.
Hasan Ali has already become a victim of the wastes. He farms fish and raises ducks in
swamps near the tanneries. As a result of floods the wastes of tannery interred into his farm and
killed fish and ducks. 115
According to The Environment Conservation Rules, 1997, schedule 1, tannery is the first
industrial sector categorized in the red list. Government of Bangladesh has taken step and removed
tannery from there.116
4.5 Conclusion:
Environmental degradation situation in Bangladesh is a big concern. All the development progress
would go into vain if condition of air, water, soil is not improved, because these elements are
interlinked with the development progress. The authority should take effective measures in this
regard.
114
115
Ibid
116
Ibid
32
CHAPTER FIVE
National and International Legal Instruments dealing with the Environmental

justice
5.1 Introduction:
Bangladesh has some national laws, rules and also a signatory state of different international
convention. National and international instrument protect the right of environmental justice. But
in practice there is a gap between law and reality in terms of application. Bangladesh has some
domestic laws including The Bangladesh Environment Conservation Act,1995, Constitution of the
people’s Republic of Bangladesh, The Environment Court Act, 2010, The Environment
Conservation Rules, 1997 etc. At this point I am going to critically discuss the domestic laws of
Bangladesh related to environment.
5.2 The Bangladesh Environment Conservation Act, 1995:
The government shall for the purpose of fulfilling the Act establish a department of environment
which shall be headed by a director general under section 2. Section 5 said that if any area went
into such situation where environment is in a critical situation, the government may by official
gazette notification declare that area as ecologically critical area. The HCD directed the
government to declare Jaflong-Dawki river as a new ecologically critical area.117 Including this
Bangladesh has total 13 ecologically critical areas. 118 Section 6 implies that emitting smoke from
vehicles are strictly prohibited and injurious to health. Section 6 A has been inserted to this act
where production and use of polythene shopping bag has totally banned. Section 12 of the said act
provides that to establish an industrial unit or project a clearance certificate has to be obtained from
the director general. Any person aggrieved under this act shall file an appeal within 30 days of the
issuance of the Notice, order or direction. This act is not out of its controversy because it focuses
117
“Bangladesh Environment Conservation Act 1995: An Analysis & Review”, Upal Aditya Oikya,
https://bdjls.org/bangladesh-environment-conservation-act-1995-an-analysis-review/ accessed 12 February 2024
118
Ibid
33
more on post harm situation rather than prevention.119 However, the punishment procedure of this
act is also into a question as implementation system is not so easy due to the nature of the power
given.
5.3 Constitution and Environmental Protection:
The Constitution of Bangladesh has not mentioned any right to healthy and clean environment in
the fundamental rights120 or in the preamble121 or state policies. Lawyers and NGOs create indirect
pressure to the government and court through their activism duty. The fact is that though it is
implemented by the government or court that is under the state policies which is not directly
enforceable in court. This attitude was reflected in the Flood Action Plan (hereafter, FAP) case,122
where the judiciary adopted a holistic approach, and while interpreting the fundamental rights,
took account of the policy statements, preamble and other provisions of the Constitution. Both the
High Court and Appellate Division expanded the meaning of fundamental right to life to include
protection and preservation of the ecology and right to have pollution free environment.
Environmental rights can be categorized into two kinds from the viewpoint of judicial
enforcement. 123 One is procedural and another is substantive. 124 Procedural rights include
environmental justice, access to information and lastly participation in decision making. 125 On the
other hand, procedural rights imply quality environment. 126 Neither of these rights have been
inserted into our constitution. Article 18A of the constitution provides that the state shall take all
119
“Bangladesh Environment Conservation Act 1995: An Analysis & Review”, Upal Aditya Oikya,
<https://bdjls.org/bangladesh-environment-conservation-act-1995-an-analysis-review/> accessed 12 February 2024
120
The fundamental rights are directly enforceable in the court and consistently used in Bangladesh, Pakistan and
India to protect the environment. Some related rights that are used for the protection of environment are: right to life
(Art. 31), liberty (Art. 32), equality (Art. 27) while fundamental principles of state policy such as guarantee of human
rights and freedom (Art. 11), steady economic growth (Art. 15), improvement of the standard of living (Art. 16),
improvement of public health (Art. 18) could be used innovatively for similar purposes.
121
The Preamble of the Constitution states that it shall be the fundamental aim of the State to realise a socialist society
in which the constitutionalism, rule of law, fundamental human rights and freedom, equality and justice would be
ensured. Any legislation and interpretation of the Constitution should follow the preamble.
122
In Dr. Mohiuddin Farooque vs Bangladesh, 49 (1997) DLR (AD) 1 and Dr. Mohiuddin Farooque vs Bangladesh,
48 (1996) DLR (HCD) 438 the legality of an experimental structural project of the Flood Action Plan was questioned.
Co-ordinated by the World Bank, the project was mainly to plan, design or undertake construction of dams, barrages
and embankments and flood control. According to the petitioner, FAP is an anti-environmental and antipeople project
123
“Determining the extent of right to safe environment”, Psymhe wadud, https://www.thedailystar.net/law-our-
rights/news/determining-the-extent-right-safe-environment-1753363 accessed 12 February 2024
124
Ibid
125
Ibid
126
Ibid
34
the initiatives to protect and improve the environmental condition for its present and future
citizens. Despite all the obstacles and hopeless situation Bangladesh’s higher judiciary gave some
remarkable judgement regarding the protection of environment and wildlife which is the pioneer
to establish environmental justice. Till now these judgements are the indicators that environment
related issues are alive in our country. Such as few years back HCD declared that River is a legal
person and has a separate legal entity. 127 Bangladesh is the third country of the world whereas river
has a separate legal entity. 128 This decision has been given in Human Rights and peace for
Bangladesh Vs. Bangladesh government and others.
Right to property is another fundamental right protected by the Constitution of Bangladesh

where an owner enjoys non-interference by the government. 129 There should have a balance
between individual ownership and community interests which may help to apply property rules
effectively to protect ecology.
5.4 The Environment Court Act, 2010:
Section 4 of the said act talks about the establishment of environmental court. There shall be one
or more than one special Magistrate in every district under this Act. The government with the
discussion of supreme court can appoint Metropolitan magistrate or 1 st class judicial magistrate as
special magistrate in environmental court in addition to their duties or wholly. Though the act
mandates to establish an environment court in each district but in reality three environment court
and one appellant court were established for environmental offences.130 Under this Act 180 days
were given to dispose of the suit.131 Alternative dispute resolution system also included in this act.
The Environment court has no authority receive the case directly from the aggrieved person as per
the provisions of the said act. The aggrieved person has to go to the DOE inspector who has given
the authority to do all the primary proceedings before court. Despite of this the court has the
127
Human Rights & peace for Bangladesh Vs. Bangladesh Government & others.
128
“Access to Environmental Justice: Barriers and Expectation”, Md Zakir Hossain, <https://www.daily-
sun.com/post/693464/Access-to-Environmental-Justice:-Barriers-and-Expectation> accessed 12 February 2024
129
Art. 42 of the Bangladesh Constitution deals with fundamental right to property. This individual right guaranteed
through the Constitution is a private property right and the owner has the overall ownership over the land. Property
right begins where the Government’s right to interfere ends. The restrictive nature of this right makes it harder to apply
this fundamental right to protect environment.
130
“Access to Environmental Justice: Barriers and Expectation”, Md Zakir Hossain, <https://www.daily-
sun.com/post/693464/Access-to-Environmental-Justice:-Barriers-and-Expectation> accessed 12 February 2024
131
Ibid
35
authority to receive the case at first instance or given the power to investigate to the DOE inspector
if the court finds out that DOE inspector has not received the case within 60 days of written request
by the aggrieved person. The Act doesn’t provide any time limit for investigation by the DOE
inspector which somehow delay the process and the victim doesn’t receive the remedy in proper
time which also discourage the people to seek for remedy under this act. However, the smooth
proceedings under this act fully dependent on the DOE inspector as he has given the initial full
authority. The Environment court doesn’t have any suo moto jurisdiction as well. From different
sources it was found out that there are total 7002 cases vested to the three environment courts. The
percentage of filing case is very low as the whole process is very complicated. The system has to
be made friendly to the people.
5.5 The Brick Burning (Control) Act, 1989 (amended 1992, 2001):
Brick Burning is a very common business industry in our country. To control the brick burning
parliament has enacted this piece of law. Using fuel wood in brickfields is clearly restricted under
this act.132 If anyone violates these provisions District magistrate or any forest officer or any person
authorized by the District magistrate can forfeit the brickfield and attach the brick field if necessary
under section 6 of the said Act.133
5.6 Bangladesh – Factories Act 1965:
This Act basically enacted for the purpose of resolving labor related issues and so on. Section 13
of the said Act deals with the disposal of waste which will be helpful to reduce pollution. 134
13(1)- Effective measures has to be made by the factories for disposal of waste.135
13(2)- The government may make rules for preparing them for such arrangements.136
132
The Brick Burning (control) Act, 1989, (amended 1992,2001)
133
Ibid
134
The Factories Act, 1965
135
Ibid, Section 13
136
Ibid, Section 13
36
5.7 National River Conservation Commission Act, 2013:
Rivers are the part and parcel of our life. The livelihood of village people dependent on the river.
Bangladesh has more than 800 small and big rivers. The overall situation of rivers is not into a
good state. Recently HC said that pollution of the river is a criminal act. 137 HC also added that
murder of a river is a suicidal act.138 HC also declared that river is a legal entity. 139 The lawyers
involved in this case hopeful that pollution of river will be decreased very soon. 140 Page no 271 of
the judgment the court said that environment and natural resources are the rightful claim of the
citizen and in case of violation they can follow the provisions of article 31 of the constitution of
the people’s republic of Bangladesh.141 Also an important things pointed out from this judgement
is that the person or institution who polluted the river has to bear the loss of recovery money. 142
This act enacted for the purpose of protecting the river, to prevent river pollution, pollution
done by garments factories, to make sure the continuity of natural river flow etc. To fulfill the
purpose of this act there shall have to be a commission under section 3 of the said Act. The National
River Conservation Commission (NRCC) established in 2014. It was established on the basis of
the order of the High Court. The HC declared it as an independent body and the guardians of the
river of Bangladesh. NRCC is merely a body without any power of implementation.143 This Act
was prepared by the ministry of shipping. 144 The formation procedure of this act is questionable
because the regulation and development of rivers and river valleys is under the ministry of water
resource in accordance with schedule 1 of the rules of business, 1996.145 Section 12 of the said act
provides that the function of NRCC is to make recommendations to the government for preventing
pollution, eviction of illegal structures, ensuring ecological balance and sustainable management
137
<নদী দখল-দূষণ মকন ম ৌজদোরি অপিোধ? (banglatribune.com)> accessed 16 February 2024
138
Ibid
139
Ibid
140
ibid
141
Ibid
142
Ibid
143
“Strengthening the National River Conservation Commission of Bangladesh”, <https://www.thedailystar.net/law-
our-rights/law-watch/news/strengthening-the-national-river-conservation-commission-bangladesh-1813927>
144
ibid
145
Ibid
37
of rivers.146 The NRCC has to submit an annual report to the government within 1 march of each
year about its activities.147 Till now NRCC has submitted only one report.148 In this report NRCC
has expressed its sorrow of not being able to do anything as an independent body. 149 Civil society
demanded a fresh law to give NRCC more power. In the year 2019 HC directed the government
to enact a fresh law and empower the NRCC. 150 In this regard a fresh draft namely The National
River Conservation Commission 2020 was done by NRCC. The draft was prepared to give more
autonomous power to NRCC. Unfortunately, this draft is pending till now though many bills have
passed by the parliament in previous years.
5.8 Environmental Pollution Control Ordinance 1997:
The basis feature of this ordinance is to ensure the national water guideline in accordance with the
WHO guideline as well as improve air quality standard, noise and to ensure solid waste
management as well.151
5.9 The Bangladesh Biodiversity Act 2017:
To fulfill the constitutional mandate and international obligations this act was enacted. 152The main
purpose of this act was to ensure the access of biological resource and knowledge.153
5.10 National Application of International Environmental Law:
National courts’ decision can promote the application of internationally recognized environmental
principles in several ways. 154 By applying an international environmental principle, national courts
146
National River Conservation Commission Act, 2013, Section 12
147
Ibid
148
“Strengthening the national River Conservation Commission of Bangladesh”, < https://www.thedailystar.net/law-
our-rights/law-watch/news/strengthening-the-national-river-conservation-commission-bangladesh-1813927>
149
Ibid
150
“Fresh law Demanded to make NRCC effective”, Ehsanul Haque Jasim, < https://bangladeshpost.net/posts/fresh-
law-demanded-to-make-nrcc-effective-84703> accessed 16 February 2024
151
‘’Environmental Problem and Economic Impact of Bangladesh’’, Antoni Barikdar,
https://www.linkedin.com/pulse/environmental-problem-economic-impact-bangladesh-antoni-barikdar-1c accessed
16 february 2024
152
ibid
153
Ibid
154
For general discussion: D. Bodansky and Jutta Brunnee, “The Role of National Courts in the Field of Environmental
Law”, 7:1 (1998) RECIEL 11 at 13.
38
implement it in that individual case. Moreover, if courts implement international norms with
sufficient regularity, national courts’ decision could have a deterrent effect; they could help
shaping future conduct. Finally, through their decisions, national courts can help incorporate
international norms into national law, thereby supplementing or even correcting the work of
legislatures. As the following discussion would show, the Indian court has considered some
commonly recognized principles as customary law whereas their status in international law is
uncertain and, thereby, made the precautionary principle, polluter pays principle and sustainable
development directly applicable. On the other hand, the court in Bangladesh does not mention
these principles directly. The national courts could be cautious to take a bold approach, sometimes,
due to lack of familiarity with its rules and legal status. The indeterminacy of many international
environmental norms and restrictive standing rule pose potential obstacle to their successful
application in these domestic courts.
5.11 International Conventions:
Bangladesh has ratified the different international convention including the UN convention on
Biological diversity, the UN framework convention on climate change, the united nations
convention on desertification, Basel convention on the control of transboundary, the Stockholm
convention on persistent organic pollutants, the Montreal protocol on substance that deplete the
ozone layer. 155
5.11.1 United Nations Convention on Biological Diversity:
United Nations Convention on Biological Diversity is also regarded as Rio convention.156 These
conventions came into effect on 29 December 1993.157 It has total 168 signatories’ countries.158
The main motto of these conventions was to preserve the biological diversity, enjoying the benefits
155
“Bangladesh will sign all the international Environmental Agreements”, Aivee Akther, <
https://thegreenpagebd.com/bangladesh-will-sign-the-international-environmental-agreement-2/> accessed 14
February 2024
156
“United Nations Convention on Biological Diversity”,
https://doe.portal.gov.bd/sites/default/files/files/doe.portal.gov.bd/page/f49635bc_066f_4d55_936e_9cba165c39b0/
2020-01-21-12-13-50408cb45390746e867f5907e284fd9a.pdf accessed 14 February 2024
157
Ibid
158
Ibid
39
arising out of these natural resources in such a way that it couldn’t be wasted.159 Bangladesh has
adopted some policy related to the biodiversity convention. 160 They are
 National Environment Policy 2018

 Draft national Forest Policy 2018
 National Biodiversity strategy and action plan (NBSAP) 2016-2021
 National Sustainable development strategy (NSDS) 2010-2021
 Bangladesh Biological Diversity Act,2017
 Protected Area Management Rules 2017
 Ecologically critical area management rules, 2016
 Bangladesh Biosafety Rules, 2012
 Wildlife (conservation and Security) Act, 2012
 National Biosafety Guidelines, 2007
5.11.2 The UN Framework convention on climate change:
This convention came into force on 21 march 1994. 161 Total 198 countries have ratified the
convention.162 Bangladesh is one of those signatory states. The initial purpose of this convention
was to adapt the eco-system in such a way so that it could easily adapt with the rapid change of
climate.
5.12 Principles under customary International law:
 No Harm Rule: It is a widely recognized principle under customary international law.163

The principle state that states are bound to work on their own environmental improvement
and do not damage the environment of other states beyond their jurisdiction.164
159
https://doe.portal.gov.bd/sites/default/files/files/doe.portal.gov.bd/page/f49635bc_066f_4d55_936e_9cba165c39b0/
2020-01-21-12-13-50408cb45390746e867f5907e284fd9a.pdf accessed 14 February 2024
160
Ibid
161
“What is the United Nations Framework convention on Climate change”?, https://unfccc.int/process-and-
meetings/what-is-the-united-nations-framework-convention-on-climate-change accessed February 14 2024
162
Ibid
163
No Harm Rule, https://leap.unep.org/en/knowledge/glossary/no-harm-rule accessed 15 February 2024
164
Ibid
40
 Principle of good neighborliness and international co-operation: Principle of good
neighborliness simply implies that not to damage the environment.165 And the international
co-operation refers that one can’t perform such actions which is contradicts with other
states.166 Principle of international co-operation based on the legal maxim sic utere tuo et
alienum non laedas.167 It simply refers that one should utilize their property in such a way
that it shouldn’t harm to another.168
 Principle of Preventive Action: This principle denotes that state has obligation not to
harm any environment within its own territory. 169 It also states that states should have some
preventive actions regarding reducing waste, reducing liability and increasing
efficiency.170 This principle also found in fifteen Rio Declaration.171
 Precautionary Principle: According to this principle the state shall take all precaution to
the environment in accordance with their own capabilities.172 This precautionary principle
has also been found in fifteen Rio Declaration.173
 Principle of common but differentiated responsibility: It implies that it is the common
aim of all the states to protect the environment but those states who are more ecologically
vulnerable and different geographical appearance has to take more responsibility than the
other states.174 All the states also need to follow the international law in this regard.
 The Principle of Sustainable Development: The principle of sustainable development
was first discussed in 1987 Brundtland report.175 This principle has three elements.176 They
are Integrational equity, sustainable use of natural resources and integration of environment
and development.177 Integrational equity refers each person has to leave some wealth for
165
“Fundamental Principles of International Environmental Law”, https://blog.ipleaders.in/fundamental-principles-
of-international-environmental-law/ accessed 15 February 2024
166
Ibid
167
Ibid
168
Ibid
169
Ibid
170
Ibid
171
Ibid
172
Ibid
173
Ibid
174
Ibid
175
Ibid
176
Ibid
177
Ibid
41
their future generations use.178 Here wealth means natural resources. 179Sustainable use of
natural resources means using natural resources in a wise and rational manner.180 And the
last one integration of environment and development which says sustainable development
can’t be obtained without the integration of environment and development. 181 It basically
implies that before making any environmental obligation sociological and ecological
development also taken into account.182
 The Principle of absolute liability: This principle is applicable in legal aspects of
environmental law.183 In many countries of the world there is no clear provisions of filing
environmental cases and as such it is hard to find compensation in such cases. 184 However,
this principle makes the process easier to get compensation.185
 Polluter pays principle: This principle has been recognized in Rio declaration 1992.186
This principle says those who helps to increase the pollution has to bear the compensation
as well.187 This principle has been established in Mc Mehta vs. Kamal Nath (1996) in
India. 188 In this case the court held that motel company should pay the compensation
money for the destruction they have done to the environment.189
 Eco centrism: This is another important principle of customary international law related
to environment. This is a nature-centered principle.190 It states that people are the consumer
of the natural resources.191 People should protect the environment whether they should get
any benefit or not.192
178
“Fundamental Principles of International Environmental Law”, https://blog.ipleaders.in/fundamental-principles-of-
international-environmental-law/ accessed 15 February 2024
179
Ibid
180
Ibid
181
Ibid
182
Ibid
183
Ibid
184
Ibid
185
Ibid
186
Ibid
187
Ibid
188
Ibid
189
Ibid
190
Ibid
191
Ibid
192
Ibid
42
5.13 Conclusion:
Nationally and internationally there are various national and international legal instruments
available to protect environmental law and environmental justice but still we are into a nightmare
situation. Proper applications to this instrument are early need at this point. There will be no point
if we enact laws in daily basis but if there is no implementation in this regard.
43
CHAPTER SIX
Challenges of getting Environmental justice under national and international

Laws
6.1 Introduction:
It’s been a big challenge of getting environmental justice under national and international laws.
Every steps out there from starting to final outcome it is tough to get justice because the process
our national law suggests for aggrieved person is very complicated and most importantly it
discourages the people to ask for remedy.
6.2. Challenges under National Laws:
Common people like us are facing challenges to get environmental justice. Bangladesh has some
national laws which are related to environment and environmental justice which I already have
discussed. I will discuss the major challenges we are facing these days to get our required justice
one by one.
Firstly, there is no direct procedure to file a suit directly to the court. The aggrieved person
need to go to the DOE inspector first then he may refer it to the court under the Environment Court
Act, 2010. The smooth proceedings solely dependent on the actions taken by the DOE inspector.
If he delays the process it wouldn’t give the aggrieved party, the remedy he required in due time.
Secondly, The Environment Court doesn’t have any suo motu jurisdiction. As environment
related cases are not widely practiced as well as people are not well aware. If the court has given
the authority, then there might be a chance that the scenery would have changed. The court could
have more effectively connect the people with environmental issues. Not only that many important
environmental issues could have changed.
Thirdly, The Environment Court Act, 2010 requires that there should have an environment
court in each district but till now there are there environmental court and one appellate court were
established. For Dhaka zone there are two environmental court and another environmental court
established in Chittagong.
44
Fourthly, the judges who sit for environmental cases they don’t have any technical
knowledge and training regarding environment. The scope and area of environment are huge.
Without giving them proper knowledge and training it is tough to expect them to give accurate
justice on behalf of the aggrieved person.
Fifthly, The Environment court proceedings need to be friendly to the people. If we analyze
the statistics, then it was found that environment court is sitting idly because the ratio of filing case
is very poor.
Sixthly, The DOE has lack of proper strategy, manpower etc which hinders them to work
more efficiently with department of environment.193
Seventhly, DOE has mostly dependent on the foreign funding. If national funding increases,
it would be a great positive impact into the whole system. Increasing national funding is a great
challenge indeed.194
Eighthly, The Environment Conservation Act, 1995 mostly talk about offence and
punishments and only a few sections deal with quality of environment and it’s a big challenge to
improve the quality of environment.195
Ninety, Environmental justice are two kinds which is substantive and procedural. Our
Constitution didn’t recognize these rights which is the biggest challenge to get environmental
justice.
6.3 Challenges under International Laws:
International laws have some certain provisions to promote environmental justice. Despite of some
clear guidelines under international laws internationally it is sometimes impossible to access
environmental justice. There are various factors behind it. The first and foremost challenge is
international politics. The globally powerful state always gets advantages from all sorts of
193
“Loopholes and Inadequacy: Why our environmental watchdog struggles to protect the environment”, Nadim
Zawad Akil, < https://www.tbsnews.net/thoughts/loopholes-and-inadequacy-why-our-environmental-watchdog-
struggles-protect-environment> accessed 14 February 2024
194
Ibid
195
Ibid
45
activities. These environmental justice is not out of this. The Basel convention pointed out that due
to weak international instruments it fails to promote the environmental justice the way it should
be.196 The globally powerful countries produce waste and export it to poorer countries and they are
bound to accept it which causes global inequality and as a result environmental justice doesn’t
serve on behalf of the poorer countries.197
6.4 Conclusion:
Nationally and internationally environment and environmental justice are into a vulnerable
situation. People who directly got affected struggles to find justice. Many factors are behind it
which I already have discussed in this chapter. The only thing the world and countries should do
that is they should understand the importance of environment and environmental justice. Otherwise
it will be impossible to access environmental justice.
196
“Governance challenges in promoting Environmental justice”, Amy Braun, <
https://www.beyondintractability.org/essay/environmental-justice-challenges> accessed 15 January 2024
197
Ibid
46
CHAPTER SEVEN
Recommendation and Conclusion
1. Right to property is another fundamental right protected by the Constitution of Bangladesh

where an owner enjoys non-interference by the government. Art. 42 of the Bangladesh
Constitution deals with fundamental right to property. This individual right guaranteed
through the Constitution is a private property right and the owner has the overall ownership
over the land. Property right begins where the Government’s right to interfere ends. The
restrictive nature of this right makes it harder to apply this fundamental right to protect
environment.198 Environmental policies should be adopted in such a way that it shouldn’t
contradict with constitution or Right to property.
2. The concept of stewardship or trusteeship is well-established in common law and could be
a useful avenue to protect natural resources and public land. In three Indian cases, 199 the
court applied the notion of public trust in protecting and preserving the natural resources.
M. C. Mehta vs Kamal Nath (1997) 1 SCC 388200. The case dealt with lease of a forestland
by the government to a private company for development purposes. In the Supreme Court’s
view, the public trust doctrine could be applied in controversies involving air pollution, the
dissemination of pesticides, the location of rights of ways for utilities, and strip mining of
wetland filling on private lands in a state where governmental permits are required. Also
see, M.I. Builders Pvt. Ltd vs Radhey Shyam Sahu, AIR (1999) SC 2468 and Th. Majra
Singh vs Indian Oil Corporation AIR (1999) J & K 81. In both cases, the court
acknowledged that the state is under an obligation to see that forests, lakes, wildlife and
environment are duly protected. The court also noted that the doctrine of public trust has
grown from Article 21(right to life) of the Constitution.
3. Article 18A of constitution was inserted through 15th amendment case.201 Before that there
was no constitutional provisions for the protection of environment. Dr. Mohiududin
198
. Constitution of The Peoples Republic of Bangladesh, Art 42
199
M. C. Mehta vs Kamal Nath (1997) 1 SCC 388
200
Ibid
201
“Landmark Environmental Law Verdicts”, https://www.thedailystar.net/law-our-rights/news/landmark-
environmental-law-verdicts-1753354 accessed 17 February 2024
47
Farooque Vs Bangladesh was the 1st case who talks about the protection of environment in
our judicial forum. 202 Still our constitution didn’t provide the clear environmental
protection which is very much needed.
4. There is no original jurisdiction of HCD regarding environmental matters. PIEL (public
interest environmental litigation) matters have been practices under article 102 of the
constitution of the people’s republic of Bangladesh.203
5. Environmental Court doesn’t have any suo motu power. Apart from these there are so many
provisions of Environment Court Act, 2010 which is not updated.
6. The major problems are there is no proper implementation of laws. To have a healthy
environment we should make sure the proper enforcement of laws.
7.1 Conclusion:
Above all, environment is an important part of our life. We couldn’t live a healthy and happy life
without good environment. In this era of globalization and modernization the policy makers should
rethink the environment policies as well as proper reformation of environment laws.
202
Ibid
203
Ibid
48
Bibliography
Website and Blogs
Akther Aivee, “Bangladesh will sign all the international Environmental Agreements”,
<https://thegreenpagebd.com/bangladesh-will-sign-the-international-environmental-
agreement-2/> accessed 14 February 2024
Akil Zawad Nadim, Loopholes and Inadequacy: Why our environmental watchdog struggles to
protect the environment”, <14 February 2024
“Air Pollution”, https://www.who.int/health-topics/air-pollution#tab=tab_1 accessed 15 January

2024
Barikdar Antoni, “Environmental Problem and Economic Impact of Bangladesh”,

https://www.linkedin.com/pulse/environmental-problem-economic-impact-bangladesh-
antonibarikdar1c#:~:text=Rapid%20population%20growth%2C%20poverty%2C%20limi
ted,the%20environmental%20issues%20in%20Bangladesh. Accessed 11 February 2024
Braun Amy, “Governance challenges in promoting Environmental justice”,
<https://www.beyondintractability.org/essay/environmental-justice-challenges>
accessed 15 January 2024
“Fundamental Principles of International Environmental Law”,

https://blog.ipleaders.in/fundamental-principles-of-international-environmental-law/
Hassan Towfique, “Environmental Pollution in Bangladesh and its effects”,

<https://businesspostbd.com/editorial/environmental-pollution-in-bangladesh-and-its-
effects-2022-05-06> accessed 16 February 2024
Hosain, Zakir “Access to Environmental Justice: Barriers and Expectation”,<https://www.daily-

sun.com/post/693464/Access-to-Environmental-Justice:-Barriers-and-Expectation>
49
Hasan Khalid Md., ShahriarAbrar, Jim UllahKudrat, “Water pollution in Bangladesh and its
impact on public health”,<https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6684462/>
Jasim Haque Ehsanul, “Fresh law Demanded to make NRCC effective”, ,

<https://bangladeshpost.net/posts/fresh-law-demanded-to-make-nrcc-effective-84703>
Khatun Fahmida, Saadat Syed Yusuf, Ashraf Kashfia,“Breathing Uneasy: An Assessment of Air
Pollution in Bangladesh”,<https://www.theigc.org/sites/default/files/2023-
11/BREATHING-UNEASY-An-Assessment-of-Air-Pollution-in-Bangladesh.pdf>
Khuda E Kudrat, RiaduzzamanMd “ Soil Pollution- A Consequence of Environmental Misdeeds:
Bangladesh
Context”,<https://www.researchgate.net/publication/354090793_SOIL_POLLUTION-
A_CONSEQUENCE_OF_ENVIRONMENTAL_MISDEEDS_BANGLADESH_CONT
EXT>accessed 14 February 2024
“Learn About Environmental Justice”,

https://www.epa.gov/environmentaljustice/learn-about-environmental-
justice#:~:text=Environmental%20justice%20(EJ)%20is%20the,environmental%20laws
%2C%20regulations%20and%20policies accessed 14 February 2024
“Landmark Environmental Law Verdicts”, https://www.thedailystar.net/law-our-

rights/news/landmark-environmental-law-verdicts-1753354 accessed 17 February 2024
“No Harm Rule”, https://leap.unep.org/en/knowledge/glossary/no-harm-rule accessed 15

February 2024
Oikya Aditya Upal,“Bangladesh Environment Conservation Act 1995: An Analysis & Review”,
<https://bdjls.org/bangladesh-environment-conservation-act-1995-an-analysis-review/>
“Strengthening the National River Conservation Commission of Bangladesh”,
<https://www.thedailystar.net/law-our-rights/law-watch/news/strengthening-the-national-
river-conservation-commission-bangladesh-1813927> accessed 16 February 2024

https://doe.portal.gov.bd/sites/default/files/files/doe.portal.gov.bd/page/f49635bc_066f_4
50
d55_936e_9cba165c39b0/2020-01-21-12-13-50408cb45390746e867f5907e284fd9a.pdf
Wadud Psymhe, “Determining the extent of right to safe environment”,
https://www.thedailystar.net/law-our-rights/news/determining-the-extent-right-safe-
environment-1753363 accessed 12 February 2024
“What is Noise Pollution”, https://www.environmentalpollutioncenters.org/noise-pollution/
What is Environmental Justice”, https://detroitenvironmentaljustice.org/what-is-environmental-

justice/ accessed 14 February 2024
What is the United Nations Framework convention on Climate change”?,

https://unfccc.int/process-and-meetings/what-is-the-united-nations-framework-
convention-on-climate-change accessed February 14 2024
Relevant Act:
1. The Bangladesh Environment Conservation Act, 1995

2. The Environment Court Act, 2010
3. The Brick Burning (Control) Act, 1989 (amended 1992, 2001)
4. Bangladesh – Factories Act 1965
5. National River Conservation Commission Act, 2013
6. Environmental Pollution Control Ordinance 1997
7. The Bangladesh Biodiversity Act 2017
8. The Constitution of the Peoples Republic of Bangladesh
Books:
1. Dolon Hossain Jahid&Sarwar Sajida, International Environmental Law with

Bangladesh Perespective.
2. Ahmad Imtiaz, Environmental Law Bangladesh and International Context.
3. Al Faruque, Environmental Law: Global And Bangladesh
4. Hasan Rizwana, Sultana Zakia, International Laws on Environment.
51
52

Barriers To Access To Environmental Justice in Bangladesh

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Barriers To Access To Environmental Justice in Bangladesh

Uploaded by

Copyright:

Available Formats

Barriers to Access to Environmental justice in Bangladesh: A

A thesis submitted in partial fulfillment for the requirement of LL.M Degree

Sub: Submission of thesis paper

Mashrur Ahmed Chowdhury Priyo

This is to certify that the dissertation “Barriers to Access to Environmental justice in

EPI Environment Performance Index

DOE Department of Environment

BELA Bangladesh Environmental Lawyers Association

WHO World Health Organization

EPA Environmental Protection Agency

WASA Water Supply and Sewerage Authority

NRCC National River Conservation Commission

RDRC Rivers and Delta Research center

NAACP National Association for the Advancement of Color People

UNCBD United Nations Convention on Biological Diversity

HCD High Court Division

CHAPTER ONE: INTRODUCTION ............................................................................................................................. .

1.1 BACKGROUND OF THE STUDY ................................................................................................................................ ..1

CHAPTER TWO: THE CONCEPTUALIZATION OF ENVIRONMENT AND ENVIRONMENTAL JUSTICE .......................... …

2.1 INTRODUCTION ................................................................................................................................................. 10

CHAPTER THREE: ENVIRONMENTAL POLLUTION : CAUSES AND EFFECTS ............................................................ ….

3.1 INTRODUCTION ................................................................................................................................................. 20

4.1 INTRODUCTION ................................................................................................................................................. 27

5.1 INTRODUCTION ................................................................................................................................................. 33

5.3 CONSTITUTION AND ENVIRONMENTAL PROTECTION.................................................................................................... 34

6.1 INTRODUCTION ................................................................................................................................................. 44

CHAPTER SEVEN: RECOMMENDATION AND CONCLUSION .................................................................................... 47

7.1 CONCLUSION .................................................................................................................................................... 48

1.1Background of the Study:

1.3 Research Objectives:

1.4 Research Questions:

I. How environmental condition can be improved properly?

1.5 Literature Review:

1.6 Significance of the Study:

1.7 Scope and Limitations of the Study:

1.8 Research Methodology:

1.9 Chapter Organization:

Chapter three: Discusses the causes and effects of pollution.

Chapter four: Discusses the Environmental degradation situation in Bangladesh.

Chapter seven: Recommendations and conclusion.

The Conceptualization of Environmental Law and Environmental Justice

2.2 What is Environment:

a. The land, water and atmosphere of the earth

In the Web Dictionary Environment is defined as-13

1. The circumstances or conditions that surround one; surroundings.

2.3 What is Environmental Law:

2.4 Meaning of Environment Pollution:

Pollution is the introduction o contaminants into an environment that cause instability,

In the case of Farooque v. Government of Bangladesh WP 891 of 1994 “pollution” was

2.4.1 Air pollution:

According to Environmental Pollution Centre, “Water pollution is defined as the presence in

2.4.3 Noise Pollution:

2.4.4 Soil Pollution:

2.5 .1 Meaning of Environmental Justice:

2.5.2 Meaningful Involvement:

meaningful involvement means:

 The public's contribution can influence the regulatory agency's decision;

 Community concerns will be considered in the decision making process; and

2.5.3 History of Environmental Justice:

Environmental Pollution: Causes and Effects

3.2 Socio Economic Causes:

3.2.1 Rapid Population Growth:

If we observe to previous statistics related to the environmental pollution of Bangladesh, we will