An initiative has been taken to amend the ‘Environment Court Act, 2010’aiming to remove some loopholes in the existing law.
According to the existing Environment Court Act, any victim of the environmental issues or environmental organisations or any other cannot file case directly with the environmental court. Only the Department of Environment (DoE) holds the right to sue.
After enactment of the proposed ‘Environment Court Act, 2010 (Amendment), 2022’, any individual can file case with court or police station directly for the offences punishable under the environmental laws.
The Ministry of Environment, Forests and Climate Change had prepared a draft of the proposed ‘Environment Court Act, 2010 (Amendment), 2022’ and uploaded on its website seeking public opinion. The provision for setting up environment court in each district in Bangladesh was mentioned in the initial draft.
The Director General of the DoE on November 7 sent a letter to the secretary of the ministry with an updated draft of the ‘Environment Court Act, 2010 (Amendment) 2022’. The matter was also reported to the Parliamentary Standing Committee on the ministry, said a DoE official.
It was said in the letter that as per the recommendation of the second meeting of the committee on the draft of the ‘Environmental Courts Act, 2010 (Amendment) 2022’, the Cabinet Division asked for sending the draft again.
In the 34th meeting of the Parliamentary Standing Committee held on May 28 in 2017, instruction was given regarding the conflicting issues between the ‘Environmental Court Act, 2010’ and the ‘Environment Conservation Act, 1995’ and recommendation was given for necessary amendments in this regard.
In that context, a sub-committee of the Parliamentary Standing Committee on the Ministry of Environment, Forests and Climate Change was formed to identify the conflicting issues between the two existing laws and make recommendations for the necessary amendments. Based on the report of that committee, the initial draft of the ‘Environmental Courts Act 2010 (Amendment), 2022' was prepared.
The DoE letter also reads that according to Section 17 of the Environment Conservation Act, if any person, group or public affected by environmental issues, cannot file cases directly with the environment court. They have to file a complaint with the DoE first. If the matter is not resolved, then they can go to court.
However, the DoE director general or a person authorised by him on behalf of the person, group or people can file case in the environment court.
According to the proposed amended draft law, Section 6 also allows the aggrieved person to file a case. Any citizen of Bangladesh enjoys the constitutional right to take recourse to law, in the context of which the ‘Environmental Courts Act, 2010 (Amendment), 2022’ has been drafted.
Muhammad Anowarul Hoque, secretary general of Save Our Sea, welcomed the government’s move to amend the law. He said that it is a positive side that common people’s access to the environment courts is ensured in the proposed amendment.
Talking to Bangladesh Post, he, however, said that the law should cover the issues related to sea with proper importance and one more environment courts should be set up in the coastal districts to save the sea from pollution.
Advocate Syed Mahbubul Alam Tahin, a public health and environment policy expert who is secretary of Center for Law and Policy Affairs (CLPA Trust), also welcomed the move.
Meanwhile, the government is planning to set up environment court in every district. It is possible after the law is amended as the provision was mentioned in the draft of the ‘Environment Court Act, 2010 (Amendment), 2022’.
The specialized environmental court system was introduced in Bangladesh in 2003 after the enactment of the Environment Court Act, 2000. The fresh Environment Court Act was passed in 2010. There are now only four environment courts in Dhaka, Chatttogram, Sylhet and Habiganj.
Bangladesh is among the few countries that have special court on the environment.
Gaous Pearee, director at WBB Trust, said environmental pollution happens in the country in different ways. Establishment of environment court in every district is a good initiative which will play a vital role in preventing environmental pollution, she added.
