Increasing industrialization and lack of waste treatment is leading to major environmental pollution problem in many parts of Bangladesh, impacting on both aquatic and non-aquatic ecosystems and the population who depend on them for their livelihood activities. Environment, the message of which has a strong correlation with the subtle human existence, are a burning issue around the world. Every country desires to have a better environment for which all possible efforts are being adopted to make the people aware and educated about the environment, to control unwise use of resources, to keep environment pollution free. Legal framework is also being made wherever necessary, with an appropriate augmentation of individual country efforts, supported and appreciated by international communities. Now relevant aspects of environment policies are being considered as a sectoral component of all major international treaties. Thus, now a day, enforcing congenial environment condition free from pollution has become a pre-condition for all development activities.
Table of Contents
1. CHAPTER ONE INTRODUCTION
1.1 ENVIRONMENT AND POLLUTION: TRACING THE LEGAL LINKAGES
2. CHAPTER TWO REGULARATORY FRAMEWORK ADDRESSING ENVIRONMENTAL POLLUTION IN BANGLADESH
2.1 DEFINITION OF POLLUTION UNDER THE BANGLADESH ENVIRONMENT CONSERVATION ACT 1995
2.3 POLLUTION CONTROL IN BANGLADESH: A CONSTITUTIONAL APPROACH
2A. LAW ADDRESSING POLLUTION AS TO AIR
2B. LAW ADDRESSING POLLUTION AS TO WATER
2C. LAW ADDRESSING POLLUTION AS TO FOOD AND AGRICULTURE
2D. LAW ADDRESSING POLLUTION AS TO TRANSPORTATION
2E. LAW ADDRESSING POLLUTION AS TO TOXIC AND HAZARDOUS SUBSTANCES WASTE
3. CHAPTER THREE THE BANGLADESH ENVIROMENT CONSERVATION ACT 1995 AND RULES 1997
3.1 AN OVERVIEW
3.2 BANNING POLYTHENE: EFFICENCY OF THE BEC ACT 1995
3.3 POLLUTION RELATED IMPORTANT PROVISIONS OF BEC ACT 1995
I) THE NOISE POLLUTION (CONTROL) RULES 2006
II) COMBATING MEDICAL WASTE: A NEW EMERGING POLLUTION
III) TOXIC TANNERIES: THE HEALTH REPURCUSSIONS OF BANGLADEH‟S HAZARIBAGH LEATHER
4. CHAPTER FOUR POLLUTION CONTROL AND ROLE OF INSTITUTIONS
4.1 EXTRACTING THE JURISPRUDENCE: ANALYSES OF LEGISLATURE‟S STANCE
4.2 THE EXECUTIVE
4.3 THE JUDICIARY
4.4 NON-GOVERNMENTAL ORGANISATIONS (NGOs) AND SOCI0-ENVIRONMENT MOVEMENT
4.5 COPORATE SOCIAL RESPONSIBILITY (CSR) AND POLLUTION CONTROL
5. CHAPTER FIVE FINDINGS AND RECOMMENDATIONS
5.1 MAJOR BARRIERS IN PROTECTION OF ENVIRONMENT FROM POLLUTION
5.2 GIVEN THE SITUATION AS IT SATNDS NOW, THE WAY OUT CAN BE AVAILED OF REGARDING POLLUTION CONTROL
5.3 CONCLUSION
Objectives and Themes
This work aims to review the current legal and institutional mechanisms for controlling environmental pollution in Bangladesh, identifying key regulatory loopholes and proposing strategic improvements. The research seeks to examine how existing statutes, institutional frameworks, and judicial practices contribute to or hinder effective environmental protection.
- Regulatory framework and legislative gaps regarding environmental conservation in Bangladesh.
- Analysis of the Bangladesh Environment Conservation Act (1995) and associated rules.
- Role of institutions and the judiciary in enforcing environmental protection.
- Impact of urbanization, industrialization, and medical/solid waste on environmental quality.
- Corporate Social Responsibility (CSR) as a tool for pollution mitigation.
Excerpt from the Book
3.2 BANNING POLYTHENE: EFFICENCY OF THE BEC ACT 1995
Uncontrolled production and use of the polythene bags has threatened sewerage, drainage, garbage disposal system, land fertility and human, animal health. The 2002 amendment of the Act incorporated a new provision in the form of section 6A under which the polythene products are banned afterwards. An analysis of this section suggests that:
1. Government may issue direction imposing absolute ban on the manufacture, import, marketing, sale, stock, distribution, commercial carriage and commercial use of (i) all kinds or any kind of polythene shopping bag, or (ii) any other article made of polythene or polypropylene, or (iii) any other article.
2. Alternatively, Government may allow conditional operation and management of the above activities.
3. Government may issue above directions if it is satisfied, on the advice of the DG or otherwise, that the aforesaid articles are injurious to the environment and such direction would be issues by notifications in the official Gazette.
4. Such direction shall not be applicable to export items or to any kind of polythene bags that would be exempted by the direction itself from its application.
5. “Polythene shopping bag” means a bag, thonga or other container made of polythene or polypropylene or any compound or mixture thereof and is used for purchasing, selling, keeping or carrying another article.
Summary of Chapters
CHAPTER ONE INTRODUCTION: This chapter contextualizes environmental pollution as a global crisis while highlighting the specific local challenges faced by Bangladesh due to human-induced and natural factors.
CHAPTER TWO REGULARATORY FRAMEWORK ADDRESSING ENVIRONMENTAL POLLUTION IN BANGLADESH: This chapter investigates the existing legal landscape in Bangladesh, providing definitions of pollution and assessing the constitutional approach to environmental protection.
CHAPTER THREE THE BANGLADESH ENVIROMENT CONSERVATION ACT 1995 AND RULES 1997: This chapter reviews the primary legislative instrument in Bangladesh for environmental protection, focusing on its effectiveness and specific applications like noise control and medical waste management.
CHAPTER FOUR POLLUTION CONTROL AND ROLE OF INSTITUTIONS: This chapter analyzes the institutional landscape, evaluating the roles of the executive branch, the judiciary, NGOs, and corporate entities in pollution control efforts.
CHAPTER FIVE FINDINGS AND RECOMMENDATIONS: This chapter synthesizes the core challenges identified throughout the research, such as outdated laws and weak enforcement, and proposes concrete recommendations for strengthening the legal and administrative system.
Keywords
Environment, pollution, conservation, development, policy, Corporate Social Responsibility (CSR), polythene, tannery, medical waste, Bangladesh, legislation, regulatory framework, judiciary, environmental protection, sustainability.
Frequently Asked Questions
What is the core focus of this research paper?
The paper examines the effectiveness of the existing legal and institutional mechanisms for controlling environmental pollution in Bangladesh, highlighting the gap between legislation and enforcement.
What are the primary thematic areas covered?
Key areas include the regulatory framework for air, water, and soil pollution, the specific impact of the Bangladesh Environment Conservation Act 1995, and the roles of state institutions versus the private sector.
What is the primary goal of the study?
The primary goal is to identify loopholes in the current legal system and provide policy recommendations to enhance the enforcement of environmental standards in Bangladesh.
Which scientific or legal methodologies are applied?
The study primarily utilizes a legal review methodology, analyzing statutes, court cases, and administrative policies to assess the status of environmental governance.
What does the main body of the work address?
It addresses specific legal instruments (e.g., Brick Burning Act, Smoke Nuisance Act), the role of the Department of Environment, judicial precedents, and the efficacy of CSR in promoting environmental compliance.
Which keywords characterize this study?
Essential keywords include environmental conservation, Bangladesh, pollution control, regulatory framework, CSR, legislation, and enforcement.
How does the author evaluate the impact of the judiciary in this context?
The author notes that while the judiciary has taken a holistic approach by expanding the definition of the "right to life" to include a clean environment, there remains a lack of consistent compensation for environmental victims.
What critique is offered regarding Corporate Social Responsibility (CSR)?
The author argues that while some corporate actors engage in positive CSR, many companies treat it as a rhetorical exercise rather than a long-term commitment, leading to a call for mandatory environmental disclosure.
- Arbeit zitieren
- Mahmudul Hasan (Autor:in), 2012, Review of the Current Legal and Institutional Mechanisms in Relation to the Environment Pollution Control in Bangladesh, München, GRIN Verlag, https://www.hausarbeiten.de/document/285163
