Environmental violations are drawing more and more worldwide concern as a broad awareness of their short-term effects and long-term consequences rise. Violation of environmental laws and legislation may be local, but the consequences may be felt from a long distance. Therefore, those offenses are recognized as a grave issue in various ways around the globe, some of which are among the most lucrative illegal acts in the world. The most severe environmental offenses are related to the illicit harvesting of wild fauna and flora, pollution, and the dumping of waste. Environmental damage in developed countries typically leads to accelerated industrialization. Bangladesh, though, is now one of the most environmentally vulnerable countries in the world, heavily inhabited but also filled with rivers, with a maze of low-lying wetlands leading up to the Bay of Bengal. Bangladesh is acutely sensitive to climate change even as emissions threaten agriculture and public health because increasing sea levels and shifting weather conditions may displace millions and significantly reduce crop yields.
The scope of environmental violations and damage renders it impossible to respond to criminal justice and law enforcement. The Bangladesh Constitution (Articles 31 and 32) enshrines the universal right to “life and personal freedom,” and the Supreme Court determined that “the right to life” involves “the right to a healthy environment.” The Bangladesh Police are also empowered to uphold these privileges to a safe and stable atmosphere by the Constitution, the State, and the Supreme Court. Barriers to exercising police powers and working with authorities can, however, arise from political and economic resistance, as well as unhelpful transparency and guidance. For, e.g., the Ministry of Home Affairs is responsible for criminal justice departments. Still, both the Ministry of the Environment, forest, and climate change are headed by the Department of Environment and the Bangladesh Forestry Department. This is especially relevant to explain why the seemingly progressive implementation of the introduction of the Environmental Courts has had poor effects and omitted important sources of complaints. “Article 18(A) of the Constitution of the People’s Republic of Bangladesh speaks regarding environmental conservation and biodiversity enhancement, “with approximately 210 environmental regulations and more than 30 environmental measures, initiatives, and action plans”.
A host of contradictions and shortcomings in existing legislation, rules, and regulations that include the basis for police, enforcement, and justice in Bangladesh can be identified. First of all, the existing legal laws for hunting and trading of all wild animals are lax at overall 3-year imprisonment or comparatively low financial punishment except for killing tigers and elephants. The prevalence and diversity of wildlife criminals and the propensity to see them as “ natural,” “everyday,” and comparatively unimportant crime are not sufficiently understood. The general population is not informed of the ecological and economic importance of wildlife violations, such as the financial cost to others and illegal gains, the consequences of disruption to the eco-balance of numerous areas, and the depletion of diversity in certain areas. The amount of crimes reviewed and tried is minimal. Although there is always some media attention in them, journalists and the public are not continuously well educated about what is involved. Lastly, the international scope of biodiversity and environmental violations poses numerous obstacles for criminal and law enforcement investigations.
Bangladesh has established several rules, regulations, and national plans addressing risks to and conservation of biodiversity. Some were revised to improve implementation measures and powers during the past decade. However, environmental regulations and strategies are not necessarily clearly developed or well implemented on the ground.
Nafisa Mehjabin
Department of Environmental Science and Management,
North South University
