Environmental Crimes Under Bangladeshi Law
Introduction to Environmental Crimes in Bangladesh
Environmental crimes in Bangladesh are governed primarily by:
Bangladesh Environment Conservation Act (ECA), 1995 – Provides the framework for protection, conservation, and sustainable use of the environment.
Bangladesh Environment Conservation Rules (ECR), 1997 – Details procedural and operational rules for environmental protection.
Other related laws, including:
Water Act, 2013
Forest Act, 1927 (as amended)
Penal Code, 1860 (Sections on public nuisance and harm)
Environmental crimes include:
Illegal dumping of hazardous waste
Industrial pollution (air, water, or soil contamination)
Illegal logging and deforestation
Poaching and wildlife trafficking
Violation of environmental clearance rules
Key Environmental Offenses and Case Law in Bangladesh
1. Industrial Pollution and Violation of Environmental Clearance
Definition:
Factories and industries must obtain environmental clearance before operation. Discharging untreated effluents or emissions violates ECA and ECR provisions.
Illustrative Case #1: Textile Factory Discharging Untreated Effluent
Facts: A textile factory near the Buriganga River discharged untreated chemical effluents into the river, causing fish deaths and water contamination.
Legal Issue: Violation of ECA, 1995 (Section 5 – compliance with environmental standards).
Holding: The court ordered the factory to pay compensation, install effluent treatment plants, and comply with environmental regulations. The factory was fined and threatened with closure if violations continued.
Significance: Reinforces strict liability of industries for environmental compliance in Bangladesh.
2. Illegal Logging and Forest Degradation
Definition:
Unauthorized cutting, sale, or transportation of forest timber is prohibited under the Forest Act, 1927 and ECA.
Illustrative Case #2: Illegal Timber Trade in Chittagong Hill Tracts
Facts: Individuals illegally cut and sold timber from reserved forests. Forest Department conducted a raid and seized logs.
Legal Issue: Violation of the Forest Act and ECA provisions on forest protection.
Holding: The High Court upheld criminal liability, imposing imprisonment and fines on offenders. Seized timber was confiscated.
Significance: Establishes accountability for individuals and groups engaging in illegal deforestation and emphasizes conservation of natural forests.
3. Wildlife Trafficking and Poaching
Definition:
Illegal hunting, capturing, or selling of wildlife is prohibited under ECA rules and the Wildlife (Conservation and Security) Act, 2012.
Illustrative Case #3: Poaching of Endangered Birds
Facts: Villagers captured endangered migratory birds from Sundarbans for sale in local markets.
Legal Issue: Offense under ECA Section 7 (prohibition on hunting protected species).
Holding: The court convicted the poachers, imposed fines, and sentenced them to imprisonment. The birds were released back into the wild.
Significance: Highlights the legal protection for endangered species and enforcement against wildlife trafficking in Bangladesh.
4. Air Pollution and Environmental Nuisance
Definition:
Industries or individuals creating air pollution beyond permissible limits or causing public nuisance violate the ECA and Penal Code provisions.
Illustrative Case #4: Brick Kilns Causing Air Pollution in Dhaka
Facts: Brick kilns in suburban Dhaka emitted smoke and particulate matter exceeding permissible limits, affecting local residents’ health.
Legal Issue: Violation of ECA Section 21 and Section 2(1) – environmental standards, and Penal Code Section 268 (public nuisance).
Holding: The court ordered closure of the non-compliant kilns and mandated installation of pollution control devices. Compensation was also provided to affected residents.
Significance: Reinforces environmental compliance for industries and accountability for public health impacts.
5. Illegal Hazardous Waste Dumping
Definition:
Dumping hazardous or industrial waste without proper treatment is illegal under ECA and ECR.
Illustrative Case #5: Medical Waste Dumping in Dhaka
Facts: A hospital dumped biomedical waste in an open area near a residential neighborhood. Residents filed a petition citing health hazards.
Legal Issue: Violation of ECA Section 17 – hazardous waste management.
Holding: The court ordered the hospital to immediately stop illegal dumping, install proper waste treatment facilities, and pay fines. The hospital was also monitored for future compliance.
Significance: Establishes accountability for medical and industrial institutions in waste management.
Key Legal Principles in Bangladesh Environmental Law
Strict Liability:
Offenders may be held liable for environmental damage regardless of intent in cases like pollution and waste dumping.
Public Interest Litigation (PIL):
Citizens and NGOs can file cases for environmental protection, especially under Articles 18A and 31 of the Constitution, which guarantee environmental rights.
Punishment and Compensation:
Courts often impose fines, imprisonment, and orders for remediation. Compensation to affected communities is common.
Interplay with Penal Code:
Traditional criminal law provisions (public nuisance, negligence causing harm) complement environmental laws.
Summary Table of Environmental Crimes in Bangladesh
| Offense | Legal Provision | Case Example | Outcome / Penalty |
|---|---|---|---|
| Industrial Pollution | ECA 1995, Section 5 | Textile factory discharging effluent | Fine, remediation, mandatory compliance |
| Illegal Logging / Deforestation | Forest Act 1927, ECA Section 7 | Timber cutting in Chittagong Hill Tracts | Imprisonment, fines, confiscation of logs |
| Wildlife Poaching / Trafficking | Wildlife Act 2012, ECA Section 7 | Poaching endangered birds in Sundarbans | Imprisonment, fines, wildlife release |
| Air Pollution / Public Nuisance | ECA 1995, Penal Code 268 | Brick kilns in Dhaka | Closure, fines, pollution control mandate |
| Hazardous Waste Dumping | ECA 1995, Section 17 | Medical waste dumping in Dhaka | Stop order, fines, compliance monitoring |
Conclusion:
Bangladesh has a robust framework for environmental protection, integrating ECA, Forest Act, Wildlife Act, and Penal Code. Courts have actively enforced environmental laws through fines, imprisonment, and remediation orders. Public interest litigation plays a key role in holding polluters accountable.
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