“An Investigation on the Judiciary’s Role in Interpreting and Enforcing Environmental Laws in Bangladesh including Landmark cases and their Implications”

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.