Judicial Activism in the Arena of Environmental Law of Bangladesh

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AN ASSIGNMENT ON

“JUDICIAL ACTIVISM IN THE ARENA OF ENVIRONMENTAL LAW OF BANGLADESH”

Content…

TopicPage no.

1. Prologue 1

2. Judicial Activism 3

3. Judicial Restraint 8

4. Difference between Judicial Activism & Judicial Restraint 9

5. General Development and Environment Context of Bangladesh12

6. Major Environmental Issues Facing Bangladesh 14

7. Environmental Law in the Legal Regime of Bangladesh 15

8. Development of Judicial Activism in the Environmental Regime & the ECA 16

9. Administration of Environmental Justice: The Court Cases23

10. Environmental Nuisance should be Mitigated 24

11. Right to Environment 24

12. Access to Justice: Opening up the Horizon of Public Interest Litigation (PIL) 25

13. Right to Participation 25

14. Suo motu Rule against Grabbing Land of Public Garden 26

15. Protecting River from Encroachment 26

16. Checking Industrial Pollution 27

17. Vehicular Pollution to be Reduced 28

18. Judicial Decisions in the Issue of Environment of Bangladesh 29

19. Epilogue 91

Prologue:

The issue of environment pollution has become a burning one with the increase of global warming throughout the whole world especially in Bangladesh. The Supreme Courts of different countries are coming forward to meet this issue at the frequent insistence of the environmentalist organizations which are very watchful upon environmental disaster. Though natural calamities cannot be resisted, man-made disasters can be checked to judicial activism i.e. judicial enforcement. With the growing rate of environmental pollution in Bangladesh, judicial activism in the arena of environmental law has been getting stronger here. Before the introduction of the Public Interest Litigation (PIL), there didn’t have any direct access to the court for enforcing environmental issues, but after the introduction of the PIL, environmental issues can directly be settled by the courts.

The United Nations Conference on Environment and Development (UNCED) held in Rio de Janeiro from 3 to 14 June 1992 recognized the entitlement of human beings to a healthy and productive life in harmony with nature[1]. The threshold of the Rio Declaration was the recognition of right to development[2] and more importantly sustainable development. With the adoption of Rio, the global community committed to integrate environmental issues into mainstream economic and social policy[3] and reduce and eliminate unsustainable patters of production and consumption[4].

Commitments recorded in the Rio declaration call for legal and judicial activism. When commitment for sustainable development suffers judicial review can be sought on the basis of the Rio principles of ‘common but differentiated responsibilities’[5], ‘polluters pay’[6], ‘precautionary approach’[7] and ‘EIA’[8]. While the Rio declaration in Principle 11 requires the states to enact effective environmental legislation and standards, access to judicial and administrative review process becomes relevant[9] to uphold people’s rights that such laws would endure. Right to participation and access to environmental decision making process[10] need express legal recognition that the judiciary can safeguard in appropriate instance.

The post-Rio developments in the legal and judicial area of Bangladesh have showed respect to the Rio commitments and also the framework of Agenda-21 that requires protection of fragile eco-system and resources.

This paper would highlight on the legal and judicial...
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