Khulna University of

Engineering & Technology

Assignment on Humanities
HUM 2129

SUBMITTED TO
Biplop Rahman

SUBMITTED BY
Name: Safina Kamal Shoily
Roll:1829013
Department of Chemical Engineering
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 Successes and Failures of the Environment
Conservation Act 1995

Environmental Laws are for the conservation and protection of the environment
and ecology. These laws lay down the rights and duties of citizens and public
agencies in consonance with the global call for a healthy environment.
Environmental laws existed in the country right from the 19th century; although
they remained either unenforced to a large extent or were inaccurately known to
the people and the responsible public agencies. The prevailing traditional practices
were not conducive to environmental protection or conservation of resources.
Some laws have also become redundant, as the conditions for which these were
enacted do not exist any longer. However, the government passed a national
conservation strategy, adopted the national environment policy of 1992 and revised
the old law by enacting the Bangladesh Environment Conservation Act, 1995 [1].

According to the environmental law 1995, there are many restrictions in using
vehicles and other goods and equipment those are related or dependent on
somehow Environmental elements.
Restrictions regarding vehicles emitting smoke injurious to environment.-
(1) A vehicle emitting smoke or gas injurious to health or environment shall
not be operated nor shall such vehicles be switched on except for the purpose
of test-operation for stopping the emission of such smoke or gas.
Explanation.- In this section “smoke or gas injurious to health or
environment” means any smoke or gas which exceeds the standards fixed by
rules.
(2) For the purposes of sub-section (1), the Director General or any person
authorized by him may test any vehicle at any place or may stop a vehicle in
motion for testing, and instantly test it or detain it for necessary period or may,
if any vehicle violates that sub-section, seize it and other related documents, or
may give necessary direction for testing the vehicle.

(3) A report of the test under sub-section (2) shall be admissible as evidence in
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the proceedings of a court.

 (4) For the violation of sub-section (1) or a direction given under subsection
(2), the driver or, as the case may be, the owner or both shall be liable.

Restrictions on manufacture, sale etc. of articles injurious to

environment:

If, on the advice of the Director General or otherwise, the Government is

satisfied that all kinds or any kind of polythene shopping bag, or any other
article made of polyethylene or polypropylene, or any other article is injurious
to the environment, the Government may, by notification in the official
Gazette, issue a 4 direction imposing absolute ban on the manufacture, import,
marketing, sale, demonstration for sale, stock, distribution, commercial
carriage or commercial use, or allow the operation or management of such
activities under conditions specified in the notification, and every person shall
be bound to comply with such direction : Provided that such direction shall not
be applicable to the following cases:-
(a) if the article specified in the notification is exported or used for export;
(b) if the direction mentions that it is not applicable to any particular kind of
polythene shopping bag.
Explanation.-
In this section “polythene shopping bag” means a bag, thonga or other
container which is made of polyethylene or poly propylene or any compound
or mixture thereof and is used for purchasing, selling, keeping or carrying
another article [2]

Effectiveness of Act

Though the act was established in the year of 1995, Bangladesh has not seen
much improvement environmentally. In the year of 2011, the capital city of
Bangladesh – Dhaka – had been ranked as the world's 2nd least liveable city in
the world only beating Harare in Zimbabwe with an overall ranking difference
of 1.2%. Though the scenario changed in 2012, when Dhaka was ranked 140 –
the last among the liveable countries in the world. Though the overall ranking
of livability did not change (was constant at 38.7%), but it did not improve like
the other cities like Harare did, which was announced the 4th least liveable city
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unlike the previous year. The humidity/temperature level of Dhaka was rated
as 'uncomfortable' and so was the quality of water. Overall it achieved a rating
of 43% in terms of culture and environment (100% being ideal) and a 27% in
infrastructure (100% being ideal). This proves the inefficiency of the
establishment of the environment law.

Being the least livable country in the world and the capital of the country,
Dhaka obviously is on the top of their list. But it is easier said than to be done.
One of the laws in the act includes, "Restriction regarding vehicles emitting
smoke injurious to health".This law is nearly impossible to establish since
Dhaka alone is the home to 7 million people given the fact that the area of the
city is only 1463.60 km2. Not to mention most of the people living here are in
the working class of the society. Most of them cannot even feed their family
properly let alone buy a car for themselves, thus mostly rely on public
transportation. Due to huge amount of debt to foreign countries, the
Government can only afford to give a little attention towards the public
transportation system, which resulted in decades old buses emitting thick black
smoke which results in further degradation of the environment [3].

However, the Bangladesh Environment Conservation Act, 1995 and Rules,

1997 are not free from a number of loopholes or Failures.
Major Barriers in the Application of the Laws
Although many laws can be identified as valid law prevailing in Bangladesh,
there are instances where laws are not or cannot be enforced. The reasons for
non-enforcement are, inter alia,
o lack of knowledge about the law at the operational level;
o lack of awareness about environmental rights/duties;
o uncertainties or ambiguities in the provisions in expressing powers,
functions, authorities and jurisdictions (both administrative and
judicial);
o lack of by-laws;
o institutional weaknesses and the lack of policy orientation;
o conflicts with traditional rights and practices
o g) uncertainties over the legal status of resources (the conflict between
o public and private tenure);
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o problems with resource survey, settlement and record or rights;

 o absence of firm and long-term policies in some sectors that are to be
o implemented by appropriate laws;
o lack of political commitment.

Recommendations:
 Identification and examination of all laws, by-laws and case laws having
bearing on the environment to remove ambiguities and lacuna in legal
provisions.
 Functional and operational overlapping or contradictions of law and
institutions should be identified and examined from overall national
environmental policy and strategy perspectives.
 Necessary amendment and/or enactment of laws, both substantive and
procedural, to be made in phases either on sector-wise or on
environmental issue basis. Legal improvement and capability of
institutions involved in various sectors to be strengthened with detailed
rules, sanctions and accountability.
 Bottom up investigation must be conducted to ascertain the success and
failure of all existing and future legislations and to reflect customs and
traditions as far as sustainable.
 Resource tenure and allocation must be regulated by well-defined legal
provisions and administrative experts should work together for dealing
with such matters.
 The mandate, that is, power and authority of MoEF and DoE must be
prioritized and elaborated to monitor, execute environmental standards
and ensure compliance.
 Provisions should be there to make the MoEF and DoE accountable.
 The principle of ‘polluter pays’ must be applied.
 The principle of ‘sustainable development’ require legal recognition.
 Environmental awareness must create sensibility and spontaneous
changes in human behaviour, mass awareness and publicity of legal
standards and requirements to be promoted.
 Peoples’ participation in environmental decision making and managing
common or public properties must be ensured and protected by law.
 Judicial activism needs to consider the global emerging principles while
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administering environmental justice [4].

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Reference:
[1] https://bdjls.org/bangladesh-environment-conservation-act-1995-an-analysis-
review/
[2] http://extwprlegs1.fao.org/docs/pdf/bgd42272.pdf
[3]https://en.wikipedia.org/wiki/Bangladesh_Environment_Conservation_Act
[4]http://www.biliabd.org/article%20law/Vol-09/Syeda%20Rizwana
%20Hasan.pdf

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