Abstract:
In Bangladesh, the judiciary’s role in advancing environmental justice has been greatly impacted
by the Environment Court Act of 2010. Also, the Constitution of Bangladesh addresses
environmental preservation in Articles 18A, 31, and 32. Nonetheless, the majority of
environmental cases are writ petitions, in which the court applies globally accepted environmental
principles such as the precautionary principle, intergenerational equality, and sustainable
development. However, the threshold for pollution and environmental damage remains undefined,
and there is no separate fund or environmental insurance scheme. To encourage public
participation and develop environmental test cases, conditional fees could be introduced. To limit
environmental cases, pollution laws should include incentive mechanisms and alternative dispute
settlement methods like mediation. Encouraging alternative dispute settlement, both parties can
benefit. Furthermore, the punishment for environmental offenses should increase so that everyone
is aware.
