Weak zone of the Environment Court Act, 2010 in Bangladesh

Weak zone of the Environment Court Act, 2010 in Bangladesh

In 2010 the Environment Court Act, 2010 has been passed and the Act of 2000 has
been repealed. The present Act is aimed to establish one or more Environment
Court/s in each district with a Joint District Judge and the said judge shall in addition
to his ordinary function dispose of the cases that fall within the jurisdiction of an
Environment Court. This is clear that, the present Act has not mandated for separate
or independent Environment Court. So that, no more Environment Court has been
established till now except the former three Courts and an Appellate Court. Like
previous Act, the Act of 2010 also provides for the establishment of one or more
Special Magistrate Court/s with the Magistrates of the first class or Metropolitan
Magistrates in each District to deal with offences punishable with less than 5 (five)
years imprisonment or 5 (five) lac taka as fine or both. Except these two types of
Courts there are Executive Magistrates functioning under the Mobile Court Act,
2009. They can take cognizance of some offences at spot and convict the accused on
the basis of his/her confession. Under almost all the environmental laws there is a
provision to run Mobile Court.
At present Environment Court in Bangladesh
Dhaka Divisional Environment Court: This starts from 2003 and till June, 2015
almost 467 cases have been filed among these, 350 cases have been disposed and
117 cases are pending now. It is worth mentioning that, in 2015 (till June) only 1
case has been filed in this court.
Chittagong Divisional Environment Court: This court starts from 2002 and till
June, 2015 almost 350 cases have been filed among these, 250 cases are pending
now.
Sylhet Joint District Judges Court: This court starts from 2005 and till June 2015
almost 467 cases have been filed among these, more than 300 cases are pending.
Environment Appellate Court: The only Environment Appellate Court of the
country situated at Dhaka starts its journey from 2005 and till 2015 (June) only 43
appeals have been filed in this court. In last two years only 1 appeal has been filed
in the said Court.
In the Environment Courts of Bangladesh average 100 cases are filed in every year.
While in the Environment Control Board of New York city almost 7 lac cases are
filed in every year. In global statistics, our Environment Courts have lowest case
filing rate.

Tawhidur Rahman Murad

 Weak zone of the Environment Court Act, 2010 in Bangladesh

Environmental problems of Bangladesh are increasing day by day but why the
common people are not coming towards Environment Courts?
Following are the important causes behind the peoples less involvement with
Environment Courts:
1. This Act has not recognized the common peoples right of access to Environment
Courts directly. Where Sec. 17 of the Bangladesh Environment Conservation Act,
1995 says that, where a person or a group of persons or the public suffers loss due
to violation of a provision of this Act or the rules made thereunder that person, group
of persons, the public or the Director General on behalf of that person, group of
persons or the public may file a suit for compensation before the Environment Court;
but Sec. 7(4) of the Environment Court Act, 2010 imposes a bar that, no
Environment Court shall receive any claim for compensation under environmental
law except on the written report of an Inspector of the Department of Environment
(DoE). Even Sec. 6(3) of the Environment Court Act, 2010 says that, no Special
Magistrate Court shall take cognizance of an offence except on the written report of
an Inspector of DoE. There is an exception of this provision which is more
complicated; that is, if the Environment Court/ Special Magistrate Court is satisfied
that a person presented a written request to the said Inspector to accept a claim for
compensation/ a complaint and no action was taken within 60 (sixty) days after such
request, and that such claim/ complain deserves to be taken into cognizance for the
purpose of trail, then the Court may, after giving the Inspector or the Director
General a reasonable opportunity of being heard, directly receive the claim for
compensation/ complain without such written report, or may, if it considers
appropriate, direct the said Inspector to investigate the claim/ offence. So it is clear
that the common people has no right to sue or file case in the Environment Court
directly.

2. From the mandate of the Act it is clear that, Environment Courts have been
established only for DoE. Because primary responsibility to file a suit/ case and
investigation thereof is vested to DoE. Establishment and smooth functioning of
Environment Courts depend on DoE. Though the Act aimed to establish one or more
Environment Court in 64 districts but in reality DoE has office only in 21 districts
with only one inspector in each office. So it is practically impossible to establish
Environment Court without office and manpower of DoE.

Tawhidur Rahman Murad

 Weak zone of the Environment Court Act, 2010 in Bangladesh

3. Jurisdiction of Environment Court is not clear. Environment Court can only

entertain offences and claims for compensation under environmental law; Sec. 2(c)
of the Act defines environmental law to include the Bangladesh Environment
Conservation Act, 1995 and such other laws as may be subsequently be specified by
the Government in the official Gazette. But in last 16 years government has not
issued any gazette notification to include any other Act. The Brick Manufacturing
and Brick kilns Establishment (Control) Act, 2013 specifically mentioned in Sec.
19(2) that, only Environment Court or Special Magistrates Court shall take
cognizance of any offence punishable under this Act. Environment Court has no
jurisdiction to try offences relating to forest-forest resources, wild life-biodiversity,
fisheries, water resource and other natural resources.

4. Except legal matters a lot of socio-economic matters are included with

environmental justice. Most of the cases polluters belong the upper class of society,
they have money and muscle power. On the other hand the victims of environmental
pollution/degradation are deprived and poor usually they dont dare to file suit/case
against those mighty polluters. Sometimes concerned government bodies keep
themselves in favor of powerful polluters so the poor litigants always feel fear and
want of justice.

5. As per Act, Environment Courts follow the Code of Civil Procedure, the Code of
Criminal Procedure and the Evidence Act in its judicial functions. Under this
existing laws complainant has to prove his/her case and s/he has to bring evidences
on behalf of the case. Proving environmental pollution requires technical knowledge
and institutional assistance. Common people has no such knowledge and assistance
are not available for them. So the people has lost their interest on Environment
Courts for its complicated and lengthy process of filing suit/case and ordinary
procedure of trial.

6. Speedy trial is the main objective behind the establishment of Environment Court,
but the requirements of written report and inquiry by DoE and ordinary procedural
law will suffer the spirit of its establishment.
In Bangladesh protection and improvement of environment is intimately related with
the protection of peoples lives and livelihoods. To ensure eco-friendly sustainable
development instead of indiscriminate development for the present and future
generations we need people oriented Environment Courts with exclusive jurisdiction
on all environmental matters. This Act has to be amended in light with the
experiences of successful environment court system of the world to ensure direct
access of the common people.

Tawhidur Rahman Murad