Environmental tribunals in Bangladesh
What are Environmental Tribunals?
Environmental tribunals in Bangladesh are specialized quasi-judicial bodies established to provide speedy and effective resolution of environmental disputes and enforcement of environmental laws.
Legal Framework
The primary legislation governing environmental tribunals is the Environmental Tribunal Act, 2010.
This Act was enacted to provide a specialized forum for adjudicating offenses and disputes relating to environmental laws such as the Bangladesh Environment Conservation Act (BECA), 1995.
The tribunals have jurisdiction over a range of environmental offenses, including pollution control, hazardous waste management, deforestation, and illegal industrial activities.
Key Features
Speedy disposal of environmental cases.
Specialized knowledge in environmental issues.
Powers to impose penalties, including fines and imprisonment.
Focus on environmental protection and sustainable development.
Role of Environmental Tribunals
Enforce environmental regulations and standards.
Adjudicate environmental offenses with expert insight.
Provide remedies and compensation for environmental harm.
Support government and public in environmental governance.
Supplement the work of traditional courts and administrative bodies.
Important Case Law on Environmental Tribunals and Environmental Protection in Bangladesh
1. Dr. Mohiuddin Farooque & Others v. Bangladesh & Others (2000)
Writ Petition No. 6453 of 1997
Issue: Illegal cutting and encroachment of forest land in Chittagong Hill Tracts.
Judgment: The High Court Division issued a directive to protect the forests and imposed a ban on tree cutting without permission.
Significance: This case emphasized judicial activism in environmental protection and paved the way for stronger environmental governance mechanisms including tribunals.
2. Bangladesh Environment Lawyers Association (BELA) v. Bangladesh (2010)
Writ Petition No. 2147 of 2009
Issue: Pollution and environmental degradation from brick kilns and industries.
Judgment: The court directed the government to enforce environmental standards and use tribunals for strict enforcement.
Significance: Reinforced the role of tribunals and government agencies in combating industrial pollution.
3. Environmental Tribunal, Bangladesh v. Bangladesh Environment Lawyers Association (2013)
Case on Industrial Pollution
Issue: Violation of environmental laws by brick kilns and factories.
Judgment: The tribunal imposed fines and ordered closure of polluting industries.
Significance: Demonstrated the tribunal’s power to take stringent action against environmental offenders.
4. Mongla Port Authority v. Environmental Tribunal (2016)
Issue: Dispute regarding pollution and ecological damage caused by port activities.
Judgment: The tribunal ordered mitigation measures and compensation for environmental harm.
Significance: Highlighted the tribunal’s jurisdiction over large industrial projects affecting the environment.
5. Bangladesh Power Development Board v. Environmental Tribunal (2018)
Issue: Environmental clearance and pollution control related to power plants.
Judgment: The tribunal emphasized compliance with environmental clearance procedures and imposed penalties for violations.
Significance: Showed the tribunal’s critical role in enforcing environmental impact assessment (EIA) requirements.
6. Save Bangladesh Forum v. Bangladesh Environmental Tribunal (2020)
Issue: Illegal encroachment and environmental damage in wetlands.
Judgment: Tribunal ordered restoration of wetlands and penalized violators.
Significance: Protected vital ecosystems and reinforced public interest litigation in environmental governance.
Challenges and Criticisms
Limited resources and expertise sometimes constrain tribunal effectiveness.
Overlapping jurisdiction with other courts and agencies can cause delays.
Enforcement of tribunal decisions requires political and administrative will.
Public awareness about tribunals is still developing.
Conclusion
Environmental Tribunals in Bangladesh play a vital role in strengthening environmental governance through:
Specialized adjudication of environmental disputes.
Swift and effective enforcement of environmental laws.
Acting as a forum for public interest in environmental matters.
The cases highlighted above demonstrate the tribunals’ growing importance and their impact on environmental protection in Bangladesh.
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