Barriers to environmental justice

The world is facing an environmental problem — the increase in air pollution, deforestation, climate change, and other problems are threatening the existence of the world as we know it.

The problem is so crucial that a country alone cannot solve it and, as a result, they are having to work together.

They are trying to pool together their resources in any way possible so that the environment is harmed less, or not at all.

Knowingly or unknowingly, people are damaging the environment and their consciousness in this regard will become increasingly important in the future.

Countries are introducing laws specific to the environment to empower ordinary people so that they too can play a role in the environment’s protection.

Bangladesh has a special court to deal with environmental issues by the Environment Court Act 2010 — to ensure efficient environmental justice. But, in reality, that’s not happening.

The access to justice for ordinary people is not easy in this court — if anyone wants to file a case they cannot do so directly.

The person has to go to the Department of Environment (DOE) for the complaint and it is only after getting a report from a DOE inspector, the court can take the case.

The court can only directly take a case if the inspector doesn’t take necessary steps within 60 days of the request of any individual and if the court is satisfied with the reasonability of the complaint.

The procedure is complex and takes a long time and such barriers may discourage people from coming forth with environmental issues to court to avail environmental justice.

Since environmental offenses require scientific and technical knowledge, to make a judgment on such matters, one needs the relevant know-how.

Unfortunately, the judges of the ordinary court sit in the environment court but there is no environment expertise in the decision-making process to help them.

The Act needs to mention the environment expertise and as well as the training of judges specifically for environment court, those who will have scientific and technical knowledge specific to the environment.

On top of that, judges are burdened by other cases which makes it even more difficult for them to conduct cases related to the environment.

The maximum fine in Bangladesh the court gives as a penalty for an environmental offense is Tk10 lakh under the environment conservation act.

Penalties (which also include imprisonment) are important to reduce this country’s environmental issues but the fine may not be enough as most polluters are financially strong and the fine does not stop them from committing the same crime in the future.

People who are affected do not often stand up for their rights, let alone environmental rights. Even if they do, they are threatened by the polluters and there is no one to protect them.

The Bangladesh government and NGOs need to stand behind the people who cannot get the courage to go against polluters and make a path for ordinary people to come forward in the fight for environmental justice.

The access of ordinary people towards environmental justice is difficult under this Act. One of the purposes of establishing a court is allowing the space for people to come forward and get justice easily. The court, at this point in time, seems to be failing in its purpose.

The Act needs to be reformed and provisions need to be added which will make the court more friendly and accessible for the ordinary people to get environmental justice.

Rizowan Ahmed is a student, Department of Law, North South University.