Edicts on environment largely ignored

Jul 22, 2023

Most of the directives issued by the High Court for environmental protection are largely ignored by the government agencies concerned.

The directives included sealing off the Dhaka Water Supply and Sewerage Authority's lines to the river Buriganga, preventing pollution and encroachments on the four rivers rounding Dhaka, closing illegal brickfields, identifying the main source of air pollution, banning the use of polythene and throwaway plastic containers at coastal areas, and ending the plying of unfit vehicles.

Against this backdrop, Bangladesh is set to observe World Environment Day today under the theme ‘Solutions to Plastic Pollution.’

Senior lawyer Manzill Murshid, who is the petitioner of most of the public interest litigation writ petitions filed by Human Rights and Peace for Bangladesh, told New Age that most directives were yet to be implemented.

He said that none of the verdicts could be implemented without administration's assistance.

On June 1, 2011, the High Court, after hearing a public interest litigation petition from HRPB, issued a series of directives to stop the dumping of waste into the Buriganga.

The court in the directives ordered the Dhaka WASA, the Bangladesh Inland Water Transport Authority, and the Department of Environment to stop and prevent waste dumping in the river in six months.

The court issued a fresh order in 2019 on Dhaka WASA managing director Taqsem A Khan to implement its 2011 directives.

The court said that Taqsem could not show his efficiency in implementing the directives, although he had been reappointed as Dhaka WASA managing director by the government three times, considering him a qualified person.

The court said that a series of orders had been passed asking Taqsem to implement the 2011 directives, but he was not complying with them.

In February 2020, following an HRPB writ petition, the HC issued a nine-point directive, asking the government to shut down the brick kilns in and around the capital within two months, ban black smoke-emitting vehicles serving out their life spans, destroy such vehicles, and define their valid life spans.

Five of the directives were meant for Dhaka's mayors on a better waste management system, environmentally-sound construction work, and sprinkling water on city roads.

On November 13, 2022, the High Court asked the deputy commissioners of all districts to issue notifications within seven days banning the operation of all illegal brick kilns and also the use of fuel wood in brick kilns as the government failed to comply with the earlier directives.

The court also directed the DCs to submit a report within two weeks describing the progress of implementing its directives.

The court also asked the government to explain within four weeks why its failure to stop illegal brick kilns and the use of fuel wood in brick kilns should not be declared illegal.

The cabinet secretary, the secretaries of the ministries of public administration and environment, forest, and climate change, the Department of Environment, and the divisional commissioners were among the 21 respondents.

The court issued the directives after hearing separate writ petitions filed by Human Rights and Peace for Bangladesh in public interest litigation.

Manzill Murshid told New Age on Sunday that administrations were bound to carry out court orders.

Unfortunately, most orders are not implemented, he added.

Department of Environment lawyer Amatul Karim, however, told New Age that it had taken action to implement each court directive.

She said that the department alone could implement the court directives unless the administration assisted it by providing logistics, law enforcement, and other support.

She said that the law should be amended to empower the Department of Environment to grant licences and issue certificates for compliance with environmental laws.

On February 15, 2022, the High Court asked the authorities concerned to identify the reasons for the worsening air quality in Dhaka and to prepare a time-bound action plan.

The court further asked the government to explain within four weeks why its failure to mitigate air pollution and protect public health would not be declared illegal and unconstitutional.

The court issued the directive after hearing a public interest litigation writ petition filed by the Bangladesh Environmental Lawyers Association against the backdrop of Dhaka being declared the most polluted city in the world.

The court had also directed the secretaries of the ministry of housing and the Roads and Highways Division, the chair of the Rajdhani Unnayan Kartripakkha, and the Roads and Highways Department's chief engineer to develop and implement an action plan to use block bricks in all government constructions in phases by 2025, as an alternative to burnt bricks, a key air pollutant, as the government declared in a notification issued on November 24, 2019.

On January 5, 2020, the High Court Division, after hearing a writ petition filed by BELA, directed the government to submit in 90 days a Plan of Action to substitute the hazardous weed killer herbicide brand Roundup.

BELA said that a study found that excessive use of pesticides caused the deaths of children, as reported.

On the same day, the High Court directed the government to ban in one year the use of throwaway plastic containers by hotels, motels, and restaurants in the coastal belt.

The court also directed the government to strictly enforce the ban imposed by the environment and forest ministry on April 8, 2002, on the marketing and use of polythene or plastic bags.

The court also directed the government to regularly monitor the situation, shut down factories manufacturing poly bags and plastic containers across the country, and seize their machinery.

The government was also directed to submit compliance reports by January 15, 2021.

In a ruling, the court asked the government to explain in four weeks why it would not be directed to adopt a time-bound action plan to substitute hazardous polythene and phase out throwaway plastic containers by December 31, 2022.

In the ruling, the bench also asked the government to explain why its failure to enforce the ban on polythene or plastic bags and throwaway plastic containers as required by Section 6A of the Environment Conservation Act 1995 would not be declared illegal.

The secretaries of the ministries of environment and forest, industries, commerce, water resources, civil aviation, tourism, textiles, and jute, the director general of the Department of Environment, and the chairman of the Bangladesh Plastic Products Producer and Export Association were asked to reply to the ruling as respondents.

BELA lawyer Hassanul Banna told New Age on Sunday that BELA recently served a contempt notice on the respondents to carry out the court order.

The environment, forest and climate change ministry responded to the notice, stating that they had prepared a road map to implement the directives.

In a landmark verdict delivered on June 25, 2009, the High Court asked the government to demolish all illegal structures and remove the dirt dumped inside the rivers–Buriganga, Turag, Balu and Sitalakhya passing by the capital.

In the verdict, the High Court asked the government to demarcate the four rivers— according to the cadastral survey in four months and report on the matter to the court by December 15, 2009.

The court had ordered on-site demarcation of river boundaries by erecting pillars, demolishing all illegal structures, and removing the dirt dumped inside the boundaries without discrimination by May 31, 2010.

The court ordered the construction of boundary walls and walkways along the river and the planting of trees in rows by May 31, 2011.

It also asked the Dhaka City Corporation, the municipalities concerned, and the Public Works Department to plant trees along the river areas in their jurisdiction.

Manzill Murshid said that most of the directives were still not implemented.

More about:

Sign up to exclusive daily email

Advertisement

Man stabbed dead by ‘nephew’ in Sylhet

Man's sliced body parts found in Buriganaga

Indian media report warrants no response: foreign ministry

‘Robber’ killed in Kushtia ‘gunfight’

Rice prices up by 30pc in one year

Freedom fighter Sayed Safikun Nabi dies

RMG workers consume fewer calories than national standard in Bangladesh: study

Implementation of CHT accord demanded

Trial of Yunus begins in Labour Court

Two Bangladeshis injured in BSF firing along Brahmanbaria border