Major Sources of Environmental Law in Bangladesh and Their Importance
in Development
Environmental law in Bangladesh has evolved from various legal, constitutional, and
international sources. These sources provide the framework for environmental protection,
sustainable development, and climate resilience in a country highly vulnerable to environmental
challenges.
1. Major Sources of Environmental Law in Bangladesh
1.1 Constitutional Provisions
The Constitution of Bangladesh recognizes environmental protection as a duty of the state
and its citizens.
● Article 18A (Inserted by the 15th Amendment in 2011) states:
“The State shall endeavor to protect and improve the environment and to preserve and
safeguard the natural resources, biodiversity, wetlands, forests, and wildlife for the
present and future citizens.”
● The right to a healthy environment has been interpreted as part of the right to life
under Article 32.
🔹 Importance:
● Establishes environmental protection as a constitutional obligation.
● Strengthens legal grounds for environmental litigation and policy development.
1.2 Statutory Laws (Legislations)
Several environmental laws regulate pollution control, biodiversity conservation, and industrial
compliance.
Key Laws and Their Importance:
1. The Environment Conservation Act, 1995
○ The foundation of environmental law in Bangladesh.
○ Empowers the Department of Environment (DoE) to regulate pollution, issue
Environmental Clearance Certificates, and take action against violators.
○ Defines environmentally critical areas and industries.
2. The Environment Court Act, 2000 (Amended 2010)
○ Establishes Environment Courts to handle environmental disputes.
○ Enables faster legal action against environmental violations.
3. The Wildlife (Conservation and Security) Act, 2012
○ Strengthens legal protection for endangered species.
○ Implements penalties for illegal poaching and deforestation.
4. The Bangladesh Biodiversity Act, 2017
○ Aligns national laws with the Convention on Biological Diversity (CBD).
○ Focuses on protecting genetic resources and traditional knowledge.
5. The Water Act, 2013
○ Regulates water resource management.
○ Protects rivers, wetlands, and groundwater from pollution.
🔹 Importance:
● Provides legal authority to regulate environmental pollution.
● Enables enforcement through the Department of Environment (DoE).
● Establishes courts for environmental justice.
1.3 Judicial Decisions (Case Law)
Bangladesh’s judiciary has played a crucial role in developing environmental law through Public
Interest Litigation (PIL) cases.
Landmark Cases and Their Importance:
1. Dr. Mohiuddin Farooque v. Bangladesh (1996, 1997)
○ Established that environmental rights are part of the right to life (Article 32).
○ Allowed NGOs to file Public Interest Litigation (PIL) for environmental
protection.
2. Save the Environment Movement v. Bangladesh (2007)
○ Led to the removal of illegal brick kilns causing air pollution.
3. River Protection Cases (2019-2020)
○ Declared the Turag River a "living entity" with legal rights.
○ Strengthened river protection laws and actions against encroachment.
🔹 Importance:
● Expands judicial interpretation of environmental rights.
● Enhances public participation through PIL cases.
● Holds the government accountable for environmental protection.
1.4 International Treaties and Conventions
Bangladesh is a signatory to multiple global environmental agreements, influencing national
laws and policies.
Key Treaties and Their Impact on Bangladesh:
Treaty/Convention Importance for Bangladesh
Paris Agreement (2015) Climate adaptation and emission reduction
strategies.
Convention on Biological Diversity Led to the enactment of the Biodiversity Act,
(CBD) 2017.
Ramsar Convention (1971) Protection of Sundarbans and other wetlands.
Basel Convention Regulates hazardous waste management.
🔹 Importance:
● Influences national policies on climate change and biodiversity.
● Strengthens Bangladesh’s legal framework to meet global commitments.
● Provides funding and technical support for environmental programs.
1.5 Customary and Local Laws
● Traditional environmental practices exist in rural and indigenous communities.
● Example: Community-based forest and wetland conservation in Chittagong Hill
Tracts.
🔹 Importance:
● Promotes sustainable local resource management.
● Encourages indigenous knowledge integration into national policies.
2. Importance of These Sources in the Development of
Environmental Law
The evolution of environmental law in Bangladesh has been shaped by these sources, leading
to:
1. Strengthening Legal Frameworks
○ New laws (e.g., Biodiversity Act, 2017) align with global standards.
○ The Environment Court Act, 2000 ensures justice for environmental violations.
2. Improved Climate Adaptation
○ Bangladesh’s commitment to the Paris Agreement drives policies on climate
resilience.
○ Development of National Adaptation Plans (NAPs) and Bangladesh Climate
Change Strategy and Action Plan (BCCSAP).
3. Judicial Activism and Public Interest Litigation (PIL)
○ Courts have played a key role in enforcing environmental laws.
○ NGOs and civil society groups are more involved in legal actions.
4. Better Environmental Governance
○ The Department of Environment (DoE) has more authority to regulate pollution.
○ The National River Protection Commission (NRPC) is working to stop river
encroachments.
Conclusion
The development of environmental law in Bangladesh is influenced by constitutional
provisions, statutory laws, case law, international treaties, and customary laws. These
sources help in protecting natural resources, promoting sustainable development, and
ensuring environmental justice. However, challenges remain in implementation and
enforcement, requiring stronger legal mechanisms, public participation, and stricter
penalties for violations.
Would you like me to refine any section or provide more case studies?
