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Environmental Laws in Bangladesh

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Environmental Laws in Bangladesh
by mhmamoon |
1.INTRODUCTION
Bangladesh is one of the least developed countries with a low resource base, a burgeoning population
with a very low land-man ratio, often threatened by both natural & anthropogenic stresses. The vast
majority of the population lives almost exclusively on the natural resource base. This resource base is
under serious threat and environmental planning is essential for the survival with dignity for
Bangladesh’s over 115 million people & for sustainability of the echo system. Like all other nations of the
world Bangladesh also acted to the global call for the protection and conservation of natural environment
& ecology. Industrial development significantly contributes towards economic growth of a country. It
brings along with it a host of environmental problem too. It is increasingly being recognized in
Bangladesh as in other part of the world that for development to be meaningful & sustainable over a
longer period environmental concern must be integrated into all development policies.
Integrating environment in all development activities and achieving environmentally sound development
planning has immerged as the greatest challenge to the dominant development paradigms all over the
world and becomes a more formidable challenge countries such as Bangladesh with resource
constraints inherent geomorphologic instabilities along with its vulnerability to natural disaster.
Any planning effort must be for the people as there the users of environmental resources in the final
analysis. The constitution of Bangladesh begins its preamble, “ We, the people oh Bangladesh having
proclaimed our independence…” .In article 7(1) of the preamble, the constitution proclaims “ All powers
in the republic belong to the people, and their exercise on behalf of the people shall be effective only
under, and by the authority of this constitution.
The Govt. of Bangladesh through its ministry of environment & forest decided to undertake the national
environment management action plan involving a people consultation process as a first step towards
drafting environmental laws to regulate the industrial and other ventures which may become a threat to
the environment.
Attraction of sophisticated and high yielding technologies has over powered rationality in many
instances, as consciousness for environment was yet to develop among governmental organizations and
citizens’ group. The level of effort that went into environmental regulations remains very low. The public
sector have been struggling with age old unenforsed laws having traditional institutional feudalism in
place. To reverse wheel for arresting such trained was not an easy job for Bangladesh. The Govt. started
to take measures drafted the national conservation strategy adopted the national environment policy,
1992 and revised the old law by enacting the Bangladesh environment conservation act, 1995. Also
restructured the dept. of environment and eventually prepared the national environment management
action plan.
A research in the regulatory regime shows that there are about 185 laws which have bearing on
environment directly, indirectly and casually. These laws provide for measures relevant for environment
conservation, offer protection against various environment offences and by prescribing or prohibiting
certain activities, by down rights and duties. A great bulk of these environmental legislation were existent

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in the country right from the nineteenth century although they remained either unenforced to a large
extent due to several factors or vaguely known to the responsible public agencies. The traditional
practices prevailing in the legal regime were no much conducive to reading the law with new ideas like
environmental protection or conservation of resources etc. Moreover, lack of consciousness amongst the
implementers and the general public as to the very existence and scope of these laws rendered them
ineffective functionally. Some laws have also become redundant since the situation by which they were
enacted do not exist any more.
The Government of Bangladesh has developed a detailed policy framework which includes the national
environmental policy, 1992, and the national conservation strategy, 1992, and the national environmental
action plan 1995 as mentioned earlier. This reflects the GOB’s increasing commitment to reorient policies
and action in line with the new environmental perspective. In addition a force have been made to adjust
the Governments institutional structures in order to direct more attention towards environmental issues.
Most recently this restructuring has included the establishment of a department of environment (DOE)
with broader mandate for environmental management and which come under the ministry of
environment and forest and an environment and safety division within the Governments oil and gas
corporation, Petrobangla.
Industrial development significantly contributes towards economic growth of a country. It brings along
with it a host of environmental problem too. Bangladesh responds to the global call for the protection and
conservation of natural environment and ecology. It is increasingly being recognized in Bangladesh, as in
other parts of the world, that for development to be meaningful and sustainable over a longer period,
environmental concerns must be integrated into all development activities. Further specific
environmental actions are also required for a better future development path.
Attraction of sophisticated and high yielding technologies has overpowered rationality in many instances.
Consciousness for environment was yet to develop amongst governmental organizations and citizens'
groups. The level of effort that went into environmental regulation remained very low. The public sectors
have been struggling with age old unenforced laws having traditional institutional feudalism in place. To
reverse wheel for arresting such trend was not an easy job for Bangladesh. The Government started to
take measures, drafted the National Conservation Strategy, adopted the National Environment Policy,
1992 and revised the old law by enacting the Bangladesh Environment Conservation Act, 1995 that has
also restructured the Department of Environment. Moreover, National Environment Management Action
Plan is also been prepared.
A research in the regulatory regime shows that there are about 185 laws that have bearing on
environment, directly, indirectly and causally. These laws-
a.Provide measures relevant for environment conservation,
b. Offer protection against various environmental offenses,
c. Prescribe or prohibit certain activities,
d. Lay down rights and duties.
2. POLLUTION AND CONSERVATION
A total of 23 laws have been identified which contain provisions regarding conservation of environment
and control of environmental pollution from various sources. Of this, the Bangladesh Environment
Conservation Act, 1995 has been enacted to control and mitigates pollution and environmental
conservation demands. This act of 1995 has repealed the earlier Environment Pollution Control
Ordinance, 1977. However, there are laws enacted earlier to deal with pollution and conservation. For

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Environmental Laws in Bangladesh by mhmamoon | 1.INTRODUCTION Bangladesh is one of the least developed countries with a low resource base, a burgeoning population with a very low land-man ratio, often threatened by both natural & anthropogenic stresses. The vast majority of the population lives almost exclusively on the natural resource base. This resource base is under serious threat and environmental planning is essential for the survival with dignity for Bangladesh's over 115 million people & for sustainability of the echo system. Like all other nations of the world Bangladesh also acted to the global call for the protection and conservation of natural environment & ecology. Industrial development significantly contributes towards economic growth of a country. It brings along with it a host of environmental problem too. It is increasingly being recognized in Bangladesh as in other part of the world that for development to be meaningful & sustainable over a longer period environmental concern must be integrated into all development policies. Integrating environment in all development activities and achieving environmentally sound development planning has immerged as the greatest challenge to the dominant development paradigms all over the world and becomes a more formidable challenge countries such as Bangladesh with resource constraints inherent geomorphologic instabilities along with its vulnerability to natural disaster. Any planning effort must be for the people as ...
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