Department of

Department of Environmental ScienceState University of Bangladesh

Masters in Environmental Science Program

ES 520: Environmental Policy and Planning

Lecture 3:The Challenges of

Environmental Pollution and Enforcement of Law

Shankor PaulDate: 29th January 2015

Lecture Outline: Bangladesh Context

The Environmental Pollution Scenario in Bangladesh:

Major Challenges in Environmental Protection Enforcement of Environmental laws and

courts

Environmental Pollution Scenario

1. Water Pollution: Industrial Waste and toxic Discharge (from industries) Solid Waste and Sewage Disposal. Mixing of chemical fertilizer-pesticide into surface

water Oil spillage from ships in the Bay of Bengal. Disposal of solid garbage into rivers-canals-public

places by municipalitiesReference points: Thousands of textile industries without ETP (effluent

treatment plant) killing bio-diversity and destroying marine ecology.

Major Rivers like, Buriganga, Balu, Shitalakhya and Turag rivers are on the verge of disappearance.

Unabated dumping of highly hazardous industrial wastes even after declaring ECA (ecologically critically area)

Hampering natural breeding of fish (Local species of fishes are declining)

Surface water

Underground water

An Example:

2. Air Pollution: Carbon emission by brick kilns/old vehicles. Smoke emission (from Industries) Deforestation Solid dust Unbearable noise pollution by power generators/

vehicles/workshops in city areas.

Reference points:Air pollution : Posing serious health hazards Rampant Air pollution by Brick kilns (about 10,000

brick kilns) Existence of 1200 brick-kilns within 26 km of dhaka

city. Steel and re-rolling mills pollute air by releasing

Zinc, Led, Aluminum, Iron, Carbon dust into the air. Dhaka is the 4th ranked Polluted City (in terms of Air

quality) in the world. Source: Air pollution monitoring report of World Health Organisation (WHO)., 2014

Continuation…

An Example:

Urbanization -industrialization -development in Bangladesh turns into devastation

3. Land/Soil Pollution: Excess use highly toxic fertilizers and pesticides in the

agricultural land Dumping of garbage with polyphone/plastic/heavy

metals (in the soil) Percolation of contaminated water into the soil Loss of vegetation cover (lead to soil erosion)Reference points: Landfills with garbage like aluminum, plastic, paper,

cloth, wood in city areas cause land pollution. Overuse of chemicals and its discharge, result in

contamination and poisoning of soil.

Continuation…

An Example:

Pollution causes public sufferings/socio-economic losses/climate change.1. Adverse effects on agriculture, aquaculture, dairy,

biodiversity, tourism & human health. 2. Soil fertility is threatened for dyes effluent from industries.3. Contamination in food.4. Discharging heavy metals creating carcinogenic pollution.5. Huge economic loss for reducing fish, fruits, crop-yields.6. Lands become worthless for farming.7. Forest, Hill and River based bio-diversity extremely threatened.8. Losing arable land rapidly. 9. Respiratory/stomach trouble/skin irritation (Rising illness) 10. Unfavorable weather condition (erratic rainfall / rough weather)

Major Challenges

Water pollution Air pollution Deforestation Soil erosion and degradation Drought Depletion of biodiversity Natural calamities Severe overpopulation

Challenges in Environment Protection:

Lack of concerns (Industrialist) Lack of awareness and sensitivity (people.) Reluctance of the DOE (inaction/corruption) Inability of DOE (lack of resources, manpower,

technology to prevent pollution.) Faulty EIA or EIA not done at all

Enforcement of Environmental laws

Environment Court Act, 2000 has been repealed in 2010 by Act No. 56 of 2010 and adopted the new Environment Court Act, 2010

The objective of this Court is to prevent environmental disasters, activate the functions of DoE and effective & efficient application of environmental law in Bangladesh.

Government shall established one or more Environment Court by official Gazette notification in each district.

The Environment Court:

ECA1995 ECR1997 The Code of Civil Procedure 1908 Code of Criminal Procedure 1973, Penal Code 1860

Guiding legislations:

1. Environment Appeal Court

2. Environment Court 3. Special Magistrate

Court

The Nature of Environment Court: Three Types

Environment Appeal Court

  Environment Court 

Special Magistrate Court

 

The Special Magistrate Courts:

This Court has to form under the Section-5 of the Environment Court Act, 2010.

The Government (in consultation with the Supreme Court) shall appoint any Metropolitan Magistrate or Magistrate of the First Class to dispose all offences in line with the provision of Environment Laws in Bangladesh.Jurisdiction:

The DG or any other person authorized by DG shall directly file the cases in a Special Magistrate Court or lodge FIR to Police Station for trial of all offences under the Environmental law.

This Court can impose penalty for offences under the Environmental Law (including Section-9 of this Act)

Continuation…

Continuation… This Court can pass order for compensation in

appropriate cases. This Court can issue a direction to the Offender

(specifying a time limit) to take preventive or remedial measures to improve environmental condition. The Special Magistrate shall impose penalty of an imprisonment no exceeding 5 years or fine 5 Lakh taka, or both or removal or destruction of anything relevant to offence.

Note: The Government (by notification in 2011) has empowered all Metropolitan Magistrates (MM) for Metropolitan area and all Senior Judicial Magistrates, for outside the Metropolitan area, to act as Special Magistrate in the respective areas.

The Environment Court:

This Court has to form with a “single judge as rank Joint District Judge” under the Section-4 of the ECA, 2010

Each Environment court will have its seat at the Divisional Headquarter. If necessary, Government can established Environment Court in outside of administrative District by official Gazette notification.

Reference: The Government has set up two Environment Court,

one in Dhaka and another in Chittagong.Jurisdiction:As Section-7 of the ECA, 2010 Can regulate for trial and disposal of both civil and

criminal matters (under the CPC, 1908 and CrPC, 1898) Can impose Penalty for offences under the section-8

(2) and under the Environmental Law.

Continuation… May take preventive or remedial measures for possible

injury to environment. May take cognizance of an offence or receive any suit

for compensation.The Environment Appeal Court:

The Government can establish one or more “Environment Appeal Curt” by notification under the Section-20 of the ECA, 2010.

This Court consists of a single judge (Section-20 (2)) with the rank of District Judge. If necessary, a District Judge and Session Judge of a District may act as Judge of an Environment Appeal Court in addition to his ordinary duties. Jurisdiction: Disposal of an appeal

Re-trail of the cases. Can exercise all powers of an appellate

Courts

Salient Features of the Environment Court Act

Constitutes one Judge of the rank of Joint District Judge (Special Magistrate in some cases)

DG, DoE can file the case directly with the special magistrate’s court or file a complaint with the police station under criminal procedure.

DG, DoE or anyone directed by the court can enter any place for inspection, search, collect evidence or seizure.

Investigation carried out by an Inspector or any officer subordinate to the DG, DoE. He will have the same powers as an OC of a police station.

The investigating officer will get assistance from law enforcing agencies and other authorities.

Trial conducted by a Public Prosecutor or an Additional/Assistant Public Prosecutor.

Civil Procedure Code shall be applicable to the trial and disposal of a case related to compensation (must be concluded within 180 days)

Continuation…

Criminal Procedure Code shall be applicable in the case of lodging a complaint about an offence and its trial thereof.

Can convert fines to compensation for the affected people.

The aggrieved party may appeal against a judgment. Environmental appeal court constituted under a judge of the rank of a District Judge.

Public Interest Litigation (PIL)/Class Action Litigation filed in a court of law for the protection

of ‘public interest’. Deals with issues related to public interest:

violation of basic human rights of the poor, content or conduct of government policy, violation of religious rights and also environmental issues.“BELA” has been leading the PIL movement in

BangladeshBangladesh Environmental Lawyers Association vs. Bangladesh and Others: Filling up Gulshan, Banani and Baridhara lake Pollution of coastal and marine ecosystems caused by ship

breaking industries, in 2003) conserve 4916 hectors of Sonadia Island as Ecologically

critical area) Relocation of hazaribagh tanneries proper maintenance and protection of open areas in Dhaka

city).

Criticisms of Environmental Court

o Only entitled to dispose cases under ECA 1995 and ECR 1997 and ignores other environmental laws prevailing in the country.

o Too much dependent on the executive bodies of the government rather than judiciary.

o No provision for appeal to higher courts such as High Court Division and Appellate Division of the Supreme Court of Bangladesh (deviation from the conventional legal system)

o Number of environment courts currently not sufficient.

Thank You All…

Contract: Shankor Paul

E-mail: shankor.paul@gmail.comCell: 01712009028;

FB ID & LinkedIn: Shankor Paul; Skype: Shankor_Paul