1. Department of
Department of Environmental Science
State 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

2. Lecture Outline: Bangladesh
Context
 The Environmental Pollution Scenario in Bangladesh:
 Major Challenges in Environmental Protection
 Enforcement of Environmental laws and courts

3. 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
municipalities
Reference 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
Surface water
Underground water

4. An Example:

5. 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…

6. An Example:

7. 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…

8. An Example:

9. 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)

10. Major Challenges
 Water pollution
 Air pollution
 Deforestation
 Soil erosion and degradation
 Drought
 Depletion of biodiversity
 Natural calamities
 Severe overpopulation

11. 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

12. 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:

13. 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

14. 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…

15. 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.

16. 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.

17. 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

18. 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

19. 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.

20. 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 Bangladesh
Bangladesh 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)

21. 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.

22. Contract:
Shankor Paul
E-mail: shankor.paul@gmail.com
Cell: 01712009028;
FB ID & LinkedIn: Shankor Paul; Skype:
Shankor_Paul