Environment Court Act

MD ADNAN KABIR
School of law
CIU
• In response to various international conventions, treaties and
protocols ,Bangladesh has developed new environmental legal rule
including environmental governance institutions.
• From 2000, after the enactment of the Environment Court Act,
specialized environmental court system has been introduced in the
legal system of Bangladesh. ( specialized government court)
• two special courts with Joint District Judges were set up in Dhaka and
Chittagong division, to deal with environmental offences only.
• An Environment Appellate Court was established at Dhaka for the
whole Bangladesh.
• The Act of 2000 also empowered Magistrates of the first class or
Metropolitan Magistrates to deal with environmental offences
punishable with less than two years imprisonment or taka 10,000 as
fine or both.
• The Act was amended in 2002 to allow the Joint District Judge/s for a
Division to act as the judge of an Environment Court in addition to
his/her ordinary functions.
• From 2005 the Joint District Judge’s Court of Sylhet is functioning as
Environment Court in addition to its ordinary functions.
• In 2010, a fresh Environment Court Act (Bangladesh Environment
Court Act, 2010) has been passed and the Act of 2000 has been
repealed.
• The present Act is aimed to establish one or more Environment
Court/s in each district with a Joint District Judge and the said judge
shall in addition to his ordinary function dispose of the cases that fall
within the jurisdiction of an Environment Court.
• This is clear that, the present Act has not mandated for separate or
independent Environment Court.
• So that, no more Environment Court has been established till now
except the former three Courts and an Appellate Court.
Special magistrate court
• Like previous Act, the Act of 2010 also provides for the establishment
of one or more Special Magistrate Court/s with the Magistrates of the
first class or Metropolitan Magistrates in each District
• to deal with offences punishable with less than 5 (five) years
imprisonment or 5 (five) lac taka as fine or both.
• Except these two types of Courts there are Executive Magistrates
functioning under the Mobile Court Act, 2009.
• They can take cognizance of some offences at spot and convict the
accused on the basis of his/her confession.
• Under almost all the environmental laws there is a provision to run
Mobile Court.
• the case filing scenario of these three Environment Courts and the
Environment Appellate Court:
• Dhaka Divisional Environment Court starts its journey from 2003 and
till June, 2015 almost 467 cases have been filed among these, 350
cases have been disposed and 117 cases are pending now. It is worth
mentioning that, in 2015 (till June) only 1 case has been filed in this
court.
• Chittagong Divisional Environment Court starts its journey from 2002
and till June, 2015 almost 350 cases have been filed among these, 250
cases are pending now.

• Sylhet Joint District Judge’s Court starts its journey from 2005 and till
June 2015 almost 467 cases have been filed among these, more than
300 cases are pending.
• The only Environment Appellate Court of the country situated at
Dhaka starts its journey from 2005 and till 2015 (June) only 43
appeals have been filed in this court.
• In last two years only 1 appeal has been filed in the said Court.
• In the Environment Courts of Bangladesh average 100 cases are filed
in every year. While in the Environment Control Board of New York
city almost 7 lac cases are filed in every year.
• In global statistics, our Environment Courts have lowest case filing
rate.
• All over the world specialized environmental judicial system is
becoming more popular than ever.
• But the situation is totally different in Bangladesh.
• It is clear from the above mentioned case filing rates that, the
common people’s aspiration are not reflecting in the Environment
Courts of Bangladesh.
• Where the ordinary courts of Bangladesh are over flooded with
excessive suits/cases and burdened with heavy loads but paucity of
cases in the Environment Courts is really ill-matched.
• Environmental problems of Bangladesh are increasing day by day but
why the common people are not coming towards Environment
Courts?
important causes behind the people’s less
involvement with Environment Courts:
• Jurisdiction of Environment Court is not clear.
• Environment Court can only entertain offences and claims for
compensation under ‘environmental law’…………………………….
• Sec. 2(c) of the Act defines ‘environmental law’ to include the
Bangladesh Environment Conservation Act, 1995 and such other laws
as may be subsequently be specified by the Government in the official
Gazette.
• But in last 16 years government has not issued any gazette
notification to include any other Act.
• The Brick Manufacturing and Brick kilns Establishment (Control) Act,
2013 specifically mentioned in Sec. 19(2) that, only Environment
Court or Special Magistrate’s Court shall take cognizance of any
offence punishable under this Act.( jurisdiction of environment court )
• Environment Court has no jurisdiction to try offences relating to
forest-forest resources, wild life-biodiversity, fisheries, water resource
and other natural resources.
• This Act has not recognized the common people’s right of access to
Environment Courts directly.
• Where Sec. 17 of the Bangladesh Environment Conservation Act,
1995 says that…………..
• where a person or a group of persons or the public suffers loss due to
violation of a provision of this Act or the rules made thereunder that
person, group of persons, the public or the Director General on behalf
of that person, group of persons or the public may file a suit for
compensation before the Environment Court .
• but Sec. 7(4) of the Environment Court Act, 2010 imposes a bar that,
no Environment Court shall receive any claim for compensation under
environmental law except on the written report of an Inspector of the
Department of Environment (DoE). ( no claim without written report)
• Even Sec. 6(3) of the Environment Court Act, 2010 says that, no
Special Magistrate Court shall take cognizance of an offence except on
the written report of an Inspector of DoE.
• There is an exception of this provision which is more complicated.
Procedure to deal with all the issues….
• 1st , a written request to the said Inspector to accept a claim for
compensation.
• 2nd, Environment Court/ Special Magistrate Court is satisfied that a
person presented a complaint
• 3rd , and no action was taken within 60 (sixty) days after such request,
• 4th , and then , if the and that such claim/ complain deserves to be
taken into cognizance for the purpose of trail,
• 5th , then the Court may, after giving the Inspector or the Director
General a reasonable opportunity of being heard,
• 6th, that is directly receive the claim for compensation/ complain
without such written report,
• 7th, then if it considers appropriate, direct the said Inspector to
investigate the claim/ offence.
• 8th, So it is clear that the common people has no right to sue or file
case in the Environment Court directly.
Difficulties …..
• As per Act, Environment Courts follow the Code of Civil Procedure
• the Code of Criminal Procedure and the Evidence Act in its judicial functions.
• Under this existing laws complainant has to prove his/her case and s/he has to
bring evidences on behalf of the case.
• Proving environmental pollution requires technical knowledge and institutional
assistance.
• Common people has no such knowledge and assistance are not available for
them.
• So the people has lost their interest on Environment Courts for its complicated
and lengthy process of filing suit/case and ordinary procedure of trial.
• Speedy trial is the main objective behind the establishment of
Environment Court but the requirements of written report and inquiry
by DoE and ordinary procedural law will suffer the spirit of its
establishment.
• In Bangladesh, protection and improvement of environment is
intimately related with the protection of people’s lives and
livelihoods.
What is required….
• To ensure eco-friendly sustainable development for the present and
future generations ……………..
• we need people oriented Environment Courts with exclusive
jurisdiction on all environmental matters.
• This Act has to be amended .

• this can be done in light with the experiences of successful

environment court system of the world to ensure direct access of the
common people.