Experts Call for Urgent Amendment of Environmental Court and Protection Acts to Strengthen Legal Enforcement

Speakers at a national seminar have called for immediate amendments to the Environmental Court Act and the Environmental Protection Act, emphasizing that without reform, it will be impossible to safeguard Bangladesh’s environment. They highlighted that there are only two environmental courts serving a population of 170 million, and that citizens currently have no direct right to file cases under existing laws.

The speakers stressed that any amendment process must take into account social, political, geographical, and cultural factors, and should focus on empowering officials under the Environmental Protection Act to impose administrative fines, form an environmental enforcement force, and allow citizens to file cases directly in environmental courts.

The discussion took place on June 4 at the World Literature Center, during a meeting organized jointly by the Poribesh Bachao Andolan (POBA), Center for Law and Policy Affairs (CLPA), Public Health Lawyers Network, BARSIC, Center for Atmospheric Pollution Studies (CAPS), Open Seismic Foundation, and the Earth Development Foundation. The keynote address was presented by Advocate Syed Mahbubul Alam, Editor of CLPA, and the session was moderated by Mesbah Sumon, Editor of POBA.

Prominent environmentalist Abu Naser Khan described the amendment of the two laws as an “urgent national necessity,” adding that sustainable environmental development must be ensured alongside the reforms. He also emphasized the need to reduce ministerial and political influence on the Department of Environment (DoE).

Environmental expert Dr. Lelin observed that environmental pollution is now a leading cause of illness and death in Bangladesh, and that denying citizens the right to directly file environmental cases is equivalent to denying their fundamental rights.

Professor Dr. Adil Mohammad Khan, President of the Bangladesh Institute of Planners, noted that environmental laws are often intentionally weak, limiting citizens’ ability to seek justice. He said that because citizens are not involved in the lawmaking process, the resulting laws often conflict with public interest. “Those who work to protect the environment are branded as anti-development,” he added, “while river and canal grabbers are seen as partners in progress.”

Jahangir Alam of BARSIC warned that environmental pollution is also contaminating food, stressing the need to control pollution at its source. Barrister Nishat Mahmud recommended that expert members be appointed to environmental courts and that judges receive specialized training on environmental matters. He also proposed establishing a code of conduct for DoE officials to prevent conflicts of interest.

Advocate Momtaz underscored the importance of raising public awareness about environmental laws, arguing that many violations occur due to ignorance. She also urged that the DoE be given preventive powers to act before major environmental harm occurs.

Tayyab Ali, President of the Civil Rights Forum, said that strong law enforcement is essential to make citizens more accountable in protecting the environment. Advocate Sultan Mahmud Banna emphasized integrating environmental protection into national development planning.

Environmental journalist Ehsanul Haque Jasim noted that the biggest challenge is citizens’ inability to file cases under the current law. “Although around 2,100 writs have been filed in Bangladesh, less than half were handled by environmental courts,” he said, pointing to the limitations of the existing Act.

Advocate Umme Habiba argued that environmental laws should empower officials to impose on-the-spot fines, while activist Nasir Ahmed Chowdhury called on the DoE to strengthen legal awareness campaigns. Urban planner Fahmida Islam said that public campaigns should be intensified to highlight that violating environmental laws is a criminal offense.

Public health expert Syeda Ananya Rahman urged for public participation and consultation mechanisms in drafting amendments. Advocate Hasanul Banna proposed forming a specialized environmental police force, similar to the tourist police. Field protection activist Syeda Ratna warned that when law enforcers themselves violate the law, accountability measures must be applied.

Environmental activist Parveen Islam highlighted the lack of coordination among government agencies, which often hampers law enforcement. Physician and public health expert AFM Sarwar emphasized that behavioral change is critical for effective law implementation.

Aminul Islam Bakul, a development activist, pointed out that building codes and environmental regulations enforced in affluent areas like Gulshan and Banani are not applied elsewhere, reflecting inequality in law enforcement.

Khandaker Mohammad Tahazzat Ali, Assistant Director at the Department of Environment, informed participants that 1,200 cases have been filed in special magistrate courts across the country. He said the DoE is working to strengthen environmental laws and has introduced a call center service (333 and 334) for citizens to lodge complaints.

Environmental activist Hafizur Rahman Moyna recommended that the protection of public parks and open spaces be explicitly included in the environmental law.

The meeting also proposed several key reforms:

Involving Ansar members in a dedicated environmental enforcement unit.

Making it mandatory to resolve citizen complaints following their submission.

Converting the Department of Environment into a law enforcement agency by limiting its project and awareness responsibilities.

Clarifying legal procedures for filing environmental cases, including provisions for compensation, penalties, and account suspension during investigations.

Granting the power to halt utility services or suspend licenses of polluters during legal proceedings.

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