Environmental Protection and Legal Responsibility: The Role of Law in Bangladesh for Safeguarding Our Future

Abstract 

Environmental protection in Bangladesh is not merely an ecological or scientific concern but a  fundamental legal and human rights issue. Bangladesh, standing at the top among the climate vulnerable nations, experiences extensive degradation due to pollution, unplanned urbanization,  and climate change. Notwithstanding the existence of many environmental statutes and  constitutional provisions, enforcement is inconsistent. This article examines the legal enforcement  and function of various environmental legislation in Bangladesh, highlighting key constitutional  provisions, statutes, and judicial interventions. It identifies major issues and legal gaps, and finally  proposes recommendations to strengthen environmental governance. Safeguarding the  environment, ultimately, is synonymous with safeguarding the nation’s future and the dignity of  its people. 

1. Introduction 

To live with right to life, it is important to protect environment which is predict as a defining  challenge of our time. For Bangladesh, environmental degradation threatens not only natural  ecosystems but also human health, food security, and economic stability. As a developing country  with high population density, Bangladesh has been dealing with a number of climate change related problems, which need to be balanced with the country’s fast industrial growth and  sustainable practices. 

The Constitution of Bangladesh recognizes the importance of environmental conservation.  However, despite progressive laws, enforcement mechanisms remain weak. This article examines  how the legal system of Bangladesh can play a more effective role in safeguarding environmental  rights for future generations.

2. Constitutional and Legal Framework 

2.1 Constitutional Provisions 

Ensuring a sustainable policy within a constitutional framework is crucial to safeguarding the  environment for the future. Dr. Mohiuddin Farooque’s (1997) 1case is in line with the spirit of  Article 18A of the Constitution of the People’s Republic of Bangladesh. This case clearly  establishes a judicial precedent that Article 32 of the constitution, which deals with the right to  life, is related to the right to live in a healthy environment and with dignity, even though this article  provision falls under the “Fundamental Principle of the State Policy,” which is not enforceable in  court. The constitution strengthens environmental issues because this article provision is part of  Part III, which is judicially enforceable and requires punishment for violations. 

2.2 Key Statutory Laws 

• Environment Conservation Act 1995 (ECA)2: The cornerstone legislation establishing  the Department of Environment (DoE) and empowering it to regulate industrial pollution,  issue environmental clearance, and declare Ecologically Critical Areas (ECA). 
• Environment Conservation Rules 19973: This rule provides detailed standards for air,  water, noise, and waste management. 
• Environment Court Act 20104: By enacting this act which established specialized courts  to resolve environmental disputes. 
• Water Act 2013, Forest Act 1927 (as amended 2010), and Wildlife (Conservation and  Security) Act 2012: By governing the protection mechanism of biodiversity and natural  resources. 
• Brick Manufacturing and Brick Kilns (Control) Act 20135: In Bangladesh, our air is  increasingly polluted for various reasons, with brick kilns being a major contributor;  therefore, it is essential to regulate these emission-heavy brick kilns through this act. 
• Bangladesh Climate Change Strategy and Action Plan (BCCSAP) 20096: This strategic  plan established six significant pillars with sustainable adaptation and mitigation policies. 

Together, these laws form a strong legal basis, though their enforcement remains a critical concern.

       3. Judicial Role and Environmental Jurisprudence 

The judiciary of Bangladesh has served a key part in the development of environmental legislation  via progressive interpretations and Public Interest Litigations (PILs). In the Dr. Mohiuddin  Farooque case in 1996,7 The Supreme Court upheld the legal standing of environmental  organizations to file lawsuits on behalf of the aggrieved population and interpreted Part III of the  Constitution of the People’s Republic of Bangladesh as encompassing the right to life, which  means being alive with dignity and in a healthy environment. 

The Bangladesh Environmental Lawyers Association (BELA) has been a key actor in many  landmark cases: 

• In the Tanneries relocation case,8the High Court ordered the relocation of tanneries from  Hazaribagh to Savar to prevent river pollution. 
• In the Shipbreaking case,9the Court emphasized safe and environmentally responsible  industrial practices. 

These cases collectively developed the doctrine that environmental rights are inseparable from  human rights. 

4. Major Environmental Issues as Gap Between Law and Enforceability in Bangladesh: Despite legal and judicial activism, Bangladesh faces multiple environmental crises: 

• Water Pollution: Untreated industrial discharge pollutes major rivers such as the  Buriganga and Shitalakhya.10
• Air Pollution: Dhaka consistently ranks among the most polluted cities, primarily due to  brick kilns and old vehicles.11
• Deforestation: Illegal logging and encroachment threaten forests, including the  Sundarbans. 
• Climate Change: Millions of livelihoods are at risk due to salt intrusion and rising sea  levels in different coastal and mainland areas. 
• Unplanned Urbanization: Encroachment on wetlands and poor waste management  worsen environmental degradation. 

These challenges demonstrate the gap between legislation and its practical implementation.

5. Legal and Institutional Gaps:  

5.1 Weak Enforcement:  

The DoE suffers from inadequate manpower and resources, leading to weak monitoring and  enforcement. Environmental Impact Assessments (EIA) are often perfunctory or  manipulated.12Where their responsibility and working mechanism remain questionable.  

5.2 Overlapping Jurisdictions:  

Multiple agencies share overlapping responsibilities without proper coordination resulting in  administrative inefficiency.13 

5.3 Limited Access to Justice:  

Despite the Environment Court Act 2010, few cases are filed due to procedural barriers, lack of  awareness, and limited public trust in institutions.14 

5.4 Corruption and Political Influence:  

Polluting industries often operate with impunity due to corruption and political patronage,  undermining accountability.15 

5.5 Corporate Irresponsibility:  

The “polluter pays” principle is weakly applied, and corporate environmental reporting is rarely  mandatory.16 

5.6 Public Participation Deficit:  

Public involvement in environmental decision-making remains limited, despite international  commitments under the Rio Declaration (1992).17 

6. Recommendations and Proposed Solutions:  

• Strengthen Institutional Capacity: 

Equip the DoE with digital monitoring tools, adequate staff, and financial resources and ensure  accountability. They must be responsible for planning systematic development and their  actions in implementations. It can also show through in different development reports by year,  month, week, etc. 

• Strict Enforcement and Accountability: 

For ensuring accountability strictly can apply the “polluter pays” and “precautionary” principles  rigorously. 

• Judicial Reforms: 

Establish environmental benches within the High Court for faster dispute resolution.

• Public Awareness and Participation: 

Encourage citizen participation through environmental education and community-based  monitoring. 

• Enact a Climate Change Act: 

Government can enact a “comprehensive Climate Change Adaptation and Mitigation Act” aligning  with the Paris Agreement 2015.18 

• Corporate Responsibility: 

Mandate annual environmental audits for industries and provide green incentives for compliance.

• Regional Cooperation: 

Strengthen partnerships under SAARC and BIMSTEC to address transboundary environmental  issues. 

• Modernize Outdated Laws: 

It is necessary to amend or enact new law instead of colonial-era legislation like the Forest Act  1927 to reflect modern ecological realities. 

7. The Role of Law in Safeguarding Our Future: 

Law acts as a bridge between development and sustainability. In Bangladesh, environmental  governance must evolve beyond symbolic commitments to active enforcement and public  empowerment. Legal responsibility should extend beyond the State to include corporations and  individuals. 

A strong environmental rule of law ensures that economic progress does not compromise  ecological balance. Protecting the environment, therefore, becomes synonymous with protecting  human life and dignity. 

8. Conclusion: 

Bangladesh stands at a critical crossroad. The country has developed a robust set of environmental  laws and a judiciary willing to enforce them, yet institutional weaknesses persist. For meaningful  progress, environmental protection must be treated as a constitutional and moral imperative, not  an administrative formality. 

Sustainable development in Bangladesh depends on effective legal enforcement, public  participation, and a strong sense of ecological responsibility. Ultimately, the role of law is not only  to regulate but to inspire collective stewardship for a greener, fairer, and safer future. 

Bibliography 

Primary Sources  

1. Legislation and Constitutional Instruments  

• Constitution of the People’s Republic of Bangladesh (1972) art 18A 
• Environment Conservation Act 1995 (Act No 1 of 1995) 
• Environment Conservation Rules 1997 (SRO No 197-Law/97) 
• Environment Court Act 2010 (Act No 11 of 2010) 
• Brick Manufacturing and Brick Kilns (Control) Act 2013 (Act No 59 of 2013) 2. Case Law 
• Bangladesh Environmental Lawyers Association (BELA) v Bangladesh (Tanneries  Relocation Case) [2001] 53 DLR (HCD) 1 
• BELA v Bangladesh (Ship-breaking Case) [2009] 61 DLR (HCD) 1 
• Dr Mohiuddin Farooque v Bangladesh [1996] 48 DLR (HCD) 438 
• Dr Mohiuddin Farooque v Bangladesh [1997] 49 DLR (AD) 1 

3. International Instruments 

• United Nations, Paris Agreement (2015) 
• United Nations Conference on Environment and Development, Rio Declaration on  Environment and Development (1992) Principle 10

Secondary Sources 

1. Government and Institutional Reports 

• Bangladesh Environmental Lawyers Association (BELA), EIA Compliance in  Bangladesh: A Review (Dhaka 2021). 
• Department of Environment (DoE), River Water Quality Report 2022 (Dhaka 2023).
• Ministry of Environment and Forests (Bangladesh), Bangladesh Climate Change  Strategy and Action Plan 2009 (Government of the People’s Republic of Bangladesh  2009)  https://moef.gov.bd/sites/default/files/files/moef.portal.gov.bd/page/7022053a_0809_ 4e4b_a63b_60585c699de2/climate_change_strategy2009.pdf accessed 29 October  2025. 

• World Bank, Air Quality Management in Bangladesh (2022). 

2. Journal Article  

• Lie D and Alam M, ‘Legal Framework and Practical Challenges of Bangladesh  Environmental Legislation: A Critical Examination of Climate Change Adaptation,  Environmental Judiciary, and Enforcement’ (2025) 37 Environmental Claims Journal 366 https://doi.org/10.1080/10406026.2025.2454662

1 Dr Mohiuddin Farooque vs. Bangladesh [1997] 49 DLR (AD) 1. 

2 Act No. 1 of 1995. 

3 SRO No. 197-Law/97. 

4 Act No. 11 of 2010. 

5 Act No. 59 of 2013.

6 Ministry of Environment and Forests (Bangladesh), Bangladesh Climate Change Strategy and Action Plan 2009 (Government of the People’s Republic of Bangladesh 2009) https://moef.gov.bd/sites/default/files/files/moef.portal.gov.bd/page/7022053a_0809_4e4b_a63b_60585c699de2/cli mate_change_strategy2009.pdf accessed 29th October, 2025. 

7 Dr Mohiuddin Farooque v Bangladesh [1996] 48 DLR (HCD) 438. 

8 Bangladesh Environmental Lawyers Association (BELA) v Bangladesh (Tanneries Relocation Case) [2001] 53  DLR (HCD) 1. 

9 BELA v Bangladesh (Ship-breaking Case) [2009] 61 DLR (HCD) 1.

10 Department of Environment (DoE), River Water Quality Report 2022 (Dhaka 2023). 

11 World Bank, Air Quality Management in Bangladesh (2022). 

12 BELA, EIA Compliance in Bangladesh: A Review (Dhaka 2021). 

13 D Lie and M Alam, ‘Legal Framework and Practical Challenges of Bangladesh Environmental Legislation: A  Critical Examination of Climate Change Adaptation, Environmental Judiciary, and Enforcement’ (2025) 37  Environmental Claims Journal 366 https://doi.org/10.1080/10406026.2025.2454662.

14 ibid.  

15 ibid.  

16 ibid.  

17 United Nations Conference on Environment and Development, Rio Declaration on Environment and  Development (1992) Principle 10.

18 United Nations, Paris Agreement (2015).