Environment Law

1. (A) Definition of Environment.

(B) What are the Nature, Scope & Challenges (Problems) of Environmental Laws in Bangladesh?

Environment

The word ‘environment’ is derived from the French word ‘environner’, which means ‘to encircle’ or to
surround. The most suitable definition of environment is as follows:

It is the sum total of water, air and land and the interrelationships that exist among them with human beings, other
living organisms and materials.

Under Section 2 - "environment" means the inter-relationship existing between water, air, soil and physical
property and their relationship with human beings, other animals, plants and micro-organisms;

The geographical meaning of environment is as follows:- It is a combination of living and non-living

things and their mutual interaction with each other which leads to an ecosystem.

The environment encompasses all living and non-living things occurring naturally on earth. The
Honourable Supreme Court has the following definition of ‘environment’:-“Environment” is a
difficult word to define. Its normal meaning relates to the surroundings, but obviously, that is a concept which is
relatable to whatever object it is, which is surrounded. Environment is apolycentric and multifaceted problem
affecting the human existence. [ T.N. Godavarman ( Through K.M. Chinnappa vs Union Of India And others (IA
No. 670 of 2001)]

The Honourable Supreme Court in K. M. Chinnappa v. Union of India defined “Environmental Law”
as an instrument to protect and improve the environment and control or prevent any act or omission
polluting or likely to pollute the environment.

Nature and scope of Environmental law in Bangladesh

Environmental laws are laws relating to the protection of environment, ecology and ecosystem. Environment
encompasses a wide range of phenomenon and aspects. For this reason the nature and scope of environmental law
should also be wide. To identify the nature of environmental laws in Bangladesh a close scrutiny of all the
environment related laws should be made.

Nature of Environmental law

There is no exhaustive code relating to environment in Bangladesh. The laws are scattered and made for different
purposes rather than environment. The only law which provides a direct address of environment is the Bangladesh
Environment Conservation Act 1995.7 This law says about some specific matters very shortly and does not define
the environment in its wider sense. For this reason there shortcomings in it in dealing with all the environment
related issues. The other environment related laws were mostly passed in the British or Pakistani regime. For this
reason those laws were for the purpose of ensuring highest revenue collection for the colonial rulers and not for
the protection of the environment. Moreover the environment related issues has been emerged recently due to
the rise of global temperature, sea level rise and frequent natural disasters. For this reason those laws were not
formed keeping in mind of the naturalist and environmentalist aspects rather than governmental aspects. In the
sense of application the environment related laws in Bangladesh are mostly both substantive and procedural at one
time. These laws provide the definition of offences and wrongs and their punishment and penalties. Along with
that they provide procedure as well as authorities to enforce the law and getting redress by those laws. The
common things are that the authorities.

18 A. Bangladesh Constitution:
''Protection and improvement of environment and biodiversity The State shall endeavour 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 Constitution (Fifteenth Amendment) Act, 2011''

In the context of the environment, the Government of Bangladesh formulated an Environment

Policy in 1992. The objectives of Environment Policy are to:-
• maintain ecological balance and overall development through protection and improvement of
the environment;
• protect the country against natural disasters;
• identify and regulate activities which pollute and degrade the environment
• ensure environmentally sound development in all sectors;
• ensure sustainable, long term and environmentally sound use of all national resources; and,
• actively remain associated with all international environmental initiatives to the maximum possible extent.

Environmental Laws can be categorized as follows:

A. Pollution
B. Occupational Hazard and Safety
C. Dangerous substances and Public protection
D. Displacement, Relief and Rehabilation
E. Management of Land
F. Agricultural Resources Management
G. Water Resource Management
H. Fishery
I. Forestry
J. Wildlife
K. Energy and Mineral resources
L. Rural and Urban planning
M. Transportation and Safety

Major environmental policies, rules and laws of Bangladesh are given below:

a. The Motor Vehicles Rules, 1940 (Extracts)

b. The Building Construction Act, 1952
c. Water Pollution Control Ordinance, 1970 [Repealed by Ord. XIII of 1977]
d. Environmental Pollution Control Ordinance, 1977 [Repealed by Act I of 1995]
e. Motor Vehicles Ordinance, 1983 (Extracts)
f. Industrial Policy, 1991
g. Bangladesh National Environmental Policy, 1992
h. National Conservation Strategy, 1992
i. National Environmental Management Action Plan (NEMAP), 1995
j. Bangladesh Environmental Conservation Act, 1995 [Act I of 1995]
k. Bangladesh Environmental Conservation Rules, 1997
l. National Policy for Safe Water Supply and Sanitation, 1998
m. The National Water Policy, 1999
n. Bangladesh Environmental Court Act, 2000
o. Bangladesh Environmental Conservation (Amendment) Act, 2000
p. Bangladesh Environmental Conservation (Amendment) Act, 2002
q. Bangladesh Environmental Court (Amendment) Act, 2002
r. Ozone Depleting Substance (Control) Rules, 2004
s. National Energy Policy, 2004
t. Sound Pollution Rules, 2006
u. Building Construction Rules, 2006
v. Medical Waste (Management and Handling) Rules, 2008
w. Mobile Court Act, 2009
x. Bangladesh Environmental Conservation (Amendment) Act, 2010
y. Bangladesh Environmental Conservation (Amendment) Rules, 2010
z. Bangladesh Environmental Court Act, 2010
aa. National Urban Sector Policy, 2011
bb. Hazardous Waste and Ship Breaking Waste Management Rules, 2011
cc. Bangladesh Water Act, 2013

Challenges
Biodiversity, Environmental Challenges and Anthropogenic Impacts in Bangladesh Bangladesh is a small but
densely populated country with rich biodiversity and natural ecosystems.1 It is one of the most ecologically
significant and biologically diverse landscapes in the world, with natural ecosystems that include several types of
forests, freshwater wetlands and distinctive coastal and marine features. Some protected areas, for example, the
Sundarbans, have international World Heritage site status; other, less
well-known but important habitats include the haors (wetland basins) in northeastern Bangladesh and tropical
evergreen forests in the Chittagong Hill Tracts. As described below, all are currently threatened in different ways.

In fact, Bangladesh faces many direct threats to its biodiversity related to anthropogenic behaviors and attitudes
towards the environment. Continuing growth, economic development and an increasing population mean many of
these threats will intensify leading to;
(1) encroachment on protected areas; (2) degradation of forests and wetlands; (3) damage resulting from
infrastructure development; (4) unsustainable and/or illegal exploitation of land resources; (5) unsustainable and/or
illegal fishing practices; (6) negative changes in hydrological regimes; (7) increased pollution; and (8) impacts of
invasive species (USAID, 2016). The prospects are summarized in one newspaper report (Ahmed, 2016, p. 7)
reviewing the major collection of essays on Contemporary Environmental Challenges in Bangladesh (Rahman,
2015):-

Degradation of the natural environment and its impact on human lives is now visible all over the world. As a densely
populated country with limited natural resources, the situation in Bangladesh is even more precarious.
Environmental pollution, especially . linked to soil, water and air, [has] emerged as a big challenge to sustainable
development of the country.

Haque (2017) notes:- that the World Health Organization has ranked Bangladesh fourth among 91 countries
with the worst urban air quality,
As the World Bank (2018) and Bangladesh national newspapers have reported, the country has
experienced very high levels of environmental pollution with annually high rates of associated morbidity and
mortality.
Dhaka city in 2015 – the second least livable city in the world, showing the urgency to immediately address the
city’s environmental issues. 58 percent of air pollution are caused by illegal brick kilns, 10 percent by vehicles, 20
percent by construction activities, and the rest by various other factors, including industries. (The Daily Star, 17th
September 2018a, p. 1).

Law and Environmental Crime in Bangladesh

· The Police Act of 1861 (Section 34), describes some actions related to environmental pollution which are
punishable and police officers are empowered to arrest people who are involved in these offenses.
Regarding the protection and improvement of the environment and biodiversity.
· Article 18A of the 1972 Constitution of the People’s Republic of Bangladesh, defines the responsibility of
the state as being to “endeavor to protect and improve the environment and to preserve and safeguard the
 natural resources, bio-diversity, wetlands, forests and wildlife for present and future citizens.”
· A wide range of laws and other provisions are available to employ in cases of environmental crime and
crimes against animals. These include Statutory Laws:- The Cruelty to Animals Act, 1920; the Animal
Disease Act, 2005; the Animal Slaughter and Meat Control Act, 2011; and the Bangladesh Wildlife
Conservation and Security Act, 2012.
· The Constitution of Bangladesh (Articles 31 and 32) enshrines the “right to life and personal liberty” as a
fundamental right and the Supreme Court has resolved that the “right to life” includes the “right to a
healthy environment”.

The Bangladesh Police are therefore empowered by the constitution, state and Supreme Court, to ensure
that these rights to a clean and healthy environment are upheld.
However, obstacles to the exercise of police powers and to collaboration between agencies may follow
from political and economic opposition, as well as from unhelpful lines of accountability and direction.

Environmental Courts in Bangladesh

Environmental Court Act 2010-
· Act did not recognize “the common people’s right of access to Environment Courts directly,” instead access
—and hence control of the business of the courts—is a matter for officials of the Department of the
Environment: “no Environment Court shall receive any claim for compensation under environmental law
except on the written report of an Inspector of the Department of Environment.
· Furthermore, the 2010 Act was intended to lead to the establishment of environmental courts in every
district in order to curb the rate of increase of environmental crimes and enhance the efficiency of the trial
process (Miah, 2015) but this too has not been implemented as well as it might have been.
· Progress in achieving this ambition has been slow and at present courts are operating in only a few
locations, such as Dhaka (the capital city) and Chittagong (the major port city and second largest city).
· Even the specialized courts that have been established have been subject to criticism however regarding
their failings due to confusions over jurisdiction, the lack of specialist knowledge and training of judges,
and poor cooperation and standards of investigation among law enforcement agencies serving the courts.

As Miah (2015) summarizes, the Act has not provided an efficient system for several reasons:-

First, the Act simply adds the responsibilities and functions of the environmental court to the general duties of
existing district judges. As Miah asks, given the sizeable “backlog of cases in civil and criminal courts, how can a
joint district judge perform the gigantic functions of civil, criminal and environmental courts?”
Secondly, given the courts are dependent upon written reports produced by Inspectors from the Department of the
Environment, the system should be able to have reasonable expectations of the timeliness of delivery of such reports
but “the ECA nowhere provides for any time-limit within which [an]
investigation is to be concluded. As a result, the Inspectors frequently delay in submitting reports to the court.

The courts are compromised by being unable to “operate independently of governmental influence and
control” and because judges are often simply appointed from the ordinary court with no specialist
knowledge or expertize about environmental matters.

Discussion:-
It is possible to identify a number of gaps and weaknesses in current Acts, laws and policies that provide the
framework for environmental crime policing, enforcement and justice in Bangladesh. First, penal provisions in
current law are weak with a maximum 3-year jail sentence or relatively low financial penalty for poaching and
trafficking in all wild animals except the killing of tigers and elephants. Second, there is insufficient public
understanding of the frequency and diversity of wildlife crimes and a tendency to view these as a “normal,”
“everyday” and relatively unimportant crime. Third, this extends to lack of awareness among the general public of
the ecological and economic significance of wildlife crimes—for example, the monetary loss to some and criminal
profits to others, and the implications of destruction of diversity and damage to the eco-balance of many areas.

However, environmental laws and policies are not always well defined in general nor always well enforced on the
ground. The reasons for this may include:-
(1) poor institutional capacity;
(2) lack of coordination among different agencies;
(3) policy and information gaps;
(4) lack of enforcement;
(5) an inadequate and poorly managed system of protected areas;
(6) corruption;
(7) lack of political commitment;
(8) lack of awareness;
(9) climate and biophysical changes, and
(10) lack of alternate livelihoods in sensitive habitats”.

-----------------------------------------------------------

2. Definition of Biological Diversity. Effects of climate change on biodiversity .

Biological diversity

The 1992 United Nations Earth Summit defined "biological diversity" as "the variability among living organisms
from all sources, including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes
of which they are part: this includes diversity within species, between species and of ecosystems". This definition is
used in (Article 2 ) the United Nations Convention on Biological Diversity.

Bangladesh has ratified the Convention on Biological Diversity (CBD) and the Cartagena Protocol and is a
signatory of the Nagoya Protocol. As a duelist country,Bangladesh requires implementing domestic law to give legal
effect to this at the national level. Now, after 25 years from the adoption of CBD, the Bangladesh Biological
Diversity Act 2017 (hereafter Biodiversity Act) has been enacted.

Section 2(11) of Bangladesh Biological Diversity Act 2017, Defines- Biological Diversity as define above Article
2 of UNC on Biological Diversity.

Examples of living organisms are plants, animals, fish and aquatic species and varieties and micro-organisms, the
genes they contain and ecosystem of which they form a part. They are found in all the ecological zones within the
boundaries of Bangladesh - whether naturally occurring or modified in any manner including genetically modified,
whether wild or cultivated or domesticated - its parts, products, cell lines, genetic material, properties, and
characteristics.

Section 2(b) THE BIOLOGICAL DIVERSITY ACT, 2002 (India)- “biological diversity” means the variability
among living organisms from all sources and the ecological complexes of which they are part and includes diversity
within species or between species and of eco-systems;

Effects of climate change on biodiversity

Human induced land use, land use change, and forestry (LULUCF) activities worldwide currently account for 20 -
25% of annual global GHG emissions, or roughly 1 - 1.5 billion tons of carbon.2This encompasses influencing
flows within the carbon cycle from activities such as forest removal, hydroelectric damming, road expansion, urban
sprawl, and soil degradation and losses from agriculture, ranching, and logging. It also includes the annual
destruction of an estimated 6 - 10 million ha of tropical rain forest, harbouring some of the planet's most biologically
diverse and abundant flora and fauna.The rapid loss of forests is not only contributing to the build up of atmospheric
carbon dioxide (CO2), but is also directly undermining the world's biological resources, ultimately precipitating
species extinctions and biodiversity loss. This, in turn, jeopardizes the climate adaptation services which many
complex ecosystems deliver, further exacerbating the potential impacts of climate change. Maintaining high
biodiversity has been linked to ecosystem resilience in the face of common climate change related impacts such as
storms, floods, fires, and droughts. Ecosystems that have more diversity in terms of species, structure, and function
provide more alternatives for transferring energy and nutrients, and have a greater capacity for resisting and reacting
resiliently to such shocks compared to systems with low biodiversity, which are more likely to decline or even
collapse and not recover.

The actual effects of climate change on biodiversity can be summarized as follows:

• Inability of many species to cope and adapt to change;
• Major loss of biodiversity through changes in the community;
• Migration and extinction of certain species;
• Boom in the population of alien invasive species; and
• Reduced supply of biodiversity resources and extremely negative impacts on human lives and livelihoods

In Bangladesh, climate change will affect many sectors, including water resources, agriculture and food security,
ecosystems and biodiversity, human health and coastal zones.Many environmental and developmental problems will
be worsened by climate change.Predicted rainfall increases, particularly during the summer monsoon, could increase
floodprone areas in Bangladesh.

The following impacts of climate changes have already been observed in Bangladesh:- Summers
are becoming hotter, monsoon irregular, untimely rainfall, heavy rainfall over short period causing water logging
and landslides, very little rainfall in dry period, increased river flow and inundation during monsoon, increased
frequency, intensity and recurrence of floods, crop damage due to flash floods and monsoon floods, crop failure due
to drought, prolonged cold spell, salinity intrusion along the coast leading to scarcity of potable water and
redundancy of prevailing crop practices, coastal erosion, riverbank erosion, deaths due to extreme heat and extreme
cold, increasing mortality, morbidity, prevalence and outbreak of cholera and diarrhea, etc.

The climate change in Bangladesh creates insecurities for:- food, water, life, property,
settlement, livelihoods and others.
Environmental degradation, degradation of land resources ultimately reduces food and health securities etc.
Increased cyclone, storm surges, floods, river bank erosion destroys and damage peoples properties including land,
house, cattle, and other livelihood assets and living essentials.
Frequent disasters increases damage and loss by many folds.
Following the climate change, the river bank and costal erosion are increasing at alarming rate
The fisheries sector has also experienced an adverse effect because of the impacts of Climate
Change. The fisheries sector contributes about 3.5% of the GDP in Bangladesh and people
depend on fish products in order to meet up majority of their daily protein requirements. There
are around 260 species of fish in the country and almost all the varieties are sensitive to specific
salt and freshwater conditions.
Biodiversity would be reduced in some of the most fragile environments, such as Sundarbans
and tropical forests. Bangladesh has got a wide diversity of ecosystems including mangrove forests at the extreme
south of the country. The “Sundarbans” a World Heritage, is the largest Mangrove Forest in the world, comprising
10,000 sq km (mostly in Bangladesh) of land area along the Bay of Bengal. Around 425 species are living
thereincluding the most significant famous Royal Bengal Tiger. Climate Change impacts will have negative effects
on the Ecosystem of the Forest recourses in Bangladesh while the Sundarbans is likely to suffer the most.
Majority of the population living in coastal area are somehow affected by coastal floods, tidal
surges, river-bank erosion, salinity, tropical cyclones etc. Agriculture, industry, infrastructure
(school, hospitals, roads, bridges and culverts etc.), marine resources, forestry, biodiversity,
human health and other utility services are the major affected areas of livelihoods

Mitigation and Adaptation

Bangladesh has established the Bangladesh Climate Change Trust Fund (BCCTF) and
the Bangladesh Climate Change Resilience Fund (BCCRF) to address the challenges due to
climate change.
There exist plans such as the 'National Action Plan on Adaptation' (NAPA) of 2005, and the 'Bangladesh Climate
Change Strategy and Action Plan' (BCCSAP) of 2009. In an effort to be a ’Middle Income Country’ by 2021, the
country is focusing on increasing agriculture production, productivity, water management techniques surface water
infrastructure irrigation, effective fisheries and promoting poultry and dairy development.

Bangladesh should place emphasis on capacity building and disaster management, institutional
and infrastructure strengthening, development of research and low carbon technologies in
order to create an inclusive and truly comprehensive mitigation scheme.Governments should
develop national action plans on climate change adaptation and to allocate fixed proportion of
national budgets to check on the effects of climate.Engagement in constructive debate on the
issues of technology and production transfer should be encouraged

3. Definition of Pollution. Effects of Air Pollution on the Environment.

Pollution

Generally, Modifying the environment caused by human influence, which often renders the environment harmful
and unpleasant to live in, is called Pollution.
Meaning:- The expression ‘pollute’ means “to get spoil or to make unclean or impure or unhealthy”. The word
‘pollution’ is derived from the Latin word ‘polutus’, which means “defiled or to make dirty or to pollute”. The
expression ‘pollution’ denotes “the presence of wrong matter in the wrong quantity and at the wrong place”.

Section (2) of The Bangladesh Environment Conservation Act, 1995 defines-

"pollution" means the contamination or alteration of the physical, chemical or biological properties of
air, water or soil, including change in their temperature, taste, odor, density, or any other characteristics,
or such other activity which, by way of discharging any liquid, gaseous, solid, radioactive or other
substances into air, water or soil or any component of the environment, destroys or causes injury or harm
to public health or to domestic, commercial, industrial, agricultural, recreational or other useful activity,
or which by such discharge destroys or causes injury or harm to air, water, soil, livestock, wild animal,
bird, fish, plant or other forms of life;
And
''environment pollutant" means- any solid, liquid or gaseous substance which causes harmful effect to the
environment and also includes heat, sound and radiation;
Types of Environmental Pollution
Based on the part of the environment that is polluted, Pollution is of the following types:-
A) Air Pollution
B) Water Pollution
C) Soil Pollution
D) Noise Pollution
E) Radioactive Pollution
Besides, these 5 types of pollution, other types exist such as light pollution, thermal pollution.

Case Study

Environment polution is Tort

Ram Lal vs Mustafabad Oil And Cotton Ginning(1968): It was held that when the noise level crosses a
certain threshold value it should be considered as a public nuisance. It falls under the category of noise
pollution. It is a public nuisance as it causes discomfort to many at once.
In the case of Naresh Dutt Tyagi v. State of Uttar Pradesh(1993), fumes released from the pesticides
leaked to a nearby property through ventilators that resulted in the death of three children and foetus in a
pregnant woman. It was held by the court that it was a clear-cut case of negligence.
In the Bhopal Gas Tragedy (Union Carbide Corporation vs Union Of India Etc, 1989) case,- many died
in the city of Bhopal due to the leak of Methyl Isocyanate gas. It caused the instant death of millions of
people who came in contact with the gas. The gas leak polluted water and land of Bhopal which rendered
the use of two of the most essential substances for survival useless. Since the land and water were
polluted, generations suffered and continue to suffer because of birth deformities.
MC Mehta v. Union Of India
This case is considered a landmark judgment because the principle of Absolute Liability was developed
fully in this case.In this case, there was a leak of oleum gas from Shriram food and fertilizers Ltd situated
in Delhi. Oleum is a poisonous gas.

Effects of Air Pollution

Air pollution refers to the release of harmful contaminants (chemicals, toxic gases, particulates, biological
molecules, etc.) into the earth’s atmosphere.
Air Pollution:- Air is the chief constituent of human life without which we cannot survive for a few minutes. Air-
pollution is not a new problem. It has been with us for centuries. The tremendous growth of population and
urbanisation; expansion of industrialization ventilated the gravity of the effects of air pollution. Air-pollution is
mainly caused by smokes and gases released from the factories and motor vehicles. Thus, the air is a mechanical
mixture of gases. It gets polluted by dust, smoke, toxic gases, chemical vapours etc., and causes sickness and death.
50% of air pollution is caused by automobiles.
According to Sec. 2(b) of the Air (Prevention and Control of Pollution) Act, 1981, ‘Air Pollution’ means “the
presence in the atmosphere of any air pollutant”

Air Pollution
Air contains a mixture of various gases like oxygen, nitrogen, carbon dioxide, argon etc. Air pollution is the
introduction into the atmosphere of chemicals, particles, or biological materials that cause discomfort, disease, or
death to humans, damage to other living organisms such as food crops, natural
environment or built environment.
Sources of Air-Pollution:- The main sources causing air pollution are; i) The combustion of fuels to produce
energy for heating and power; ii) Transportation (vehicular traffic); iii) Industrial and Commercial processes; iv)
Incineration (burning of wastes, i.e., rubber, plastic products etc. without combustion equipment); v) Agricultural
activities etc.

The effects of air pollution vary based on the kind of pollutant. But generally, the impact of air
pollution ranges from:
1. Increased risk of respiratory illness and cardiovascular problems
2. Increased risk of skin diseases
3. May increase the risk of cancer
4. Global warming
5. Acid rain
6. Ozone depletion
7. Hazards to wildlife

The major causes of air pollution are:-

A) Excessive use of fossil fuels by automobiles.
B) Smokestacks of thermal power plants, smelters, etc.
C) Particulate and gaseous air pollutants released by various industries.
D) Garbage decomposition.
E) Use of leaded petrol and diesel. etc.

The various effects of air pollutants on plants, animals, and humans are as follows:-

On Plants
1. It causes fruit damage and various leaf diseases like chlorosis, necrosis, and mottled spots on
leaves.
2. Decreases the growth yield of crops and causes premature death of plants.
3. Weakens plants and increases infestation by pests.
4. Acid rain damages the aerial parts and also acidifies the soils. It leads to the production of free
radicals, thus, decreases photosynthesis and productivity.etc

On Humans
1. About 40% of human deaths occur due to air pollution.
2. Causes increase in susceptibility to diseases.
3. Causes cancer and genetic mutations.
4. Causes respiratory ailments like asthma, hay fever, and other allergic diseases.
5. Causes cardiovascular diseases and damage to the central nervous system, resulting in premature
death.
6. Causes immediate effects like inflammation, nausea, headache, irritation to the eyes and nose. etc

On Animals
1. The negative impact of air pollution on animals is more or less similar to that on humans.
Chronic poisoning results from the ingestion of forage contaminated with atmospheric pollutants.
2. Among metallic contaminants, arsenic, lead, and molybdenum are harmful to animals. Fluoride
is another pollutant, which causes fluorosis among animals. etc

However, the Articles 31 and 32 of the Constitution safeguard ‘right to life’ as the fundamental right.
The High Court Division (HCD) in the legendary case Dr. Mohiuddin Farooque vs Bangladesh and others
(48 DLR, p. 438) declared that “right to life” includes right to fresh air and water and a situation beyond
animal existence in which one can expect normal longevity of life.

-------------------------------------------------------------------------------------------------------------
The objectives of Environment Policy are to:
1. Maintain ecological balance and overall development through protection and
improvement of the environment;
2. Protect the country against natural disasters;
3. Identify and regulate activities which pollute and degrade the environment;
4. Ensure environmentally sound development in all sectors
5. Ensure sustainable, long term and environmentally sound use of all national resources;
6. Actively remain associated with all international environmental initiatives to the
maximum possible extent.

Objectives North America:

The policy has targeted very few objectives. Those are given below
a) To sustain development and reduction of poverty.
b) To develop and implement integrated land management.
c) To improve the efficient use of water resources.
d) To increase the global share of renewable energy sources

Western European environment policy has various objectives:-

a) Reduced climate impact. b) Clean air. c) A protective ozone layer. d) A safe energy environment. e) Effective
water management. f) A balanced marine environment. g) Sustainable forests. h) A varied agricultural land.

Environment policy of Nordic countries is based on some environmental quality objectives.

Those are sanctioned by their countries. Those are given below:-
a. Reduced climate impact. b. Clean air. c. A non-toxic environment. d. A protective ozone layer. e. A safe radiation
environment. f. Zero eutrophication. g. Good-quality groundwater. h. A balanced marine environment, flourishing
coastal areas. i. Thriving wetlands. j. Sustainable forests. k. A varied agricultural landscape. l. Waste management
and biological diversity.

The judiciary and the implementation of environmental law

The principles of international environmental law are constantly evolving with the adoption of new environmental
treaties along with their contextual interpretations. Here, the judiciary is instrumental in adopting the emerging
global norms and standards into the domestic legal framework. In Bangladesh, environmental issues are dealt with
by both specialised environment courts as well as the Supreme Court. The courts while settling environmental
disputes are not only redressing the grievances of the people but also incorporating the principles of international
environmental law into the national environmental jurisprudence. The invocation of various principles of
environmental law in judicial decisions facilitates the domestication of the international standards. Such invocation
also helps to interpret national laws through the lenses of international norms and standards.

Dr. M. Farooque v. Bangladesh is considered as a landmark case, which widened the interpretation of the right to life
and encompassed within its ambit the protection and preservation of enviromnent, ecological balance free from
pollution of air and water, and sanitation without which life can hardly be enjoyed.53 This case while addressing the
debate between development and environment has referred to the principle of sustainable development. The
invocation of the principle of sustainable development by the apex court has motivated the legislature to incorporate
a separate provision on enviromnent in the Constitution of Bangladesh. Article 18A of the constitution imposes
responsibility on the state to protect and improve the enviromnent and to preserve and safeguard the natural
resources, biodiversity, wetlands, forests, and wildlife for the present and future citizens.54 A careful reading of this
article reflects the spirit of the precautionary principle and the principle of sustainable development. The court also
underscored the significance of sustainable development with a view to protecting environment and conserving
natural resources in the case of Ms. Syeda Rizwana Hasan v. Bangladesh and Others.55

The precautionary aspect of environmental protection has been referred to in the case of Rabia Bhuiyan, MP v.
Ministry of LGRD and Others, wherein the court reiterates the responsibility of the government to undertake
effective measures beforehand with a view to ensuring the supply of clean and safe water.56 In the case of
Bangladesh Legal Aid and Services Trust (BLAST) v. Bangladesh and Others51, the High Court Division clearly
directed to undertake precautionary measures in order to ensure workplace safety, health, and environment. While
underscoring the importance of making the polluters of environmental degradation accountable, the High Court
Division observed that if pollution continued unabated then it may bring serious consequences to the lives of the
many millions of people of Bangladesh.58

The aforesaid judicial decisions indicate progressive attitude of the judiciary while engaging with international
enviromnental norms. The judiciary paves the way of understanding enviromnental law from a pragmatic
perspective. While the implementation of domestic enviromnental law is hindered by complex procedural
requirements in many cases, the apex court of Bangladesh contributes to the development of pro-people tools like
public interest enviromnental litigations that facilitate environmental justice.59 The comprehensive and evolving
nature of global environmental norms provides impetus to the judiciary to render progressive interpretations of
domestic laws. The extent and horizon of the domestic legal framework of enviromnental law in Bangladesh is,
therefore, widened by the national courts.

Article 18A was inserted by the Constitution (Fifteenth Amendment) Act 2011 (Act XIV of 2011), Section 12.

18 BLC (2013). Relevant cases include: Metro Makers and Developers Limited and Others v. Bangladesh
Environmental Lawyers Association (BELA) and Others, 65 DLR (AD) (2012) 181; Rajdhani Unnayan Kartipakkha
Represented by its Chairman and Another v. Mohsinul Islam and Another, 53 DLR (AD) (2001) 79; Bangladesh
Environmental Lawyers Association (BELA) v. Government of Bangladesh and Others, 30 BLD (2010) 85.' 59 DLR
(AD) (2007) 176.
64 DLR (HCD) (2012) 124.
Dr. Mohiuddin Farooque v. Bangladesh and Others, 55DLR (HCD) (2003) 69.