Environment Court asleep at the wheel when crisis escalates
UNB
When the city grapples with environmental offences, the Dhaka Environment Court is sitting idle for lack of cases thanks to its limited and confusing jurisdiction and lack of cooperation from the Department of Environment (DoE), said experts. Only 19 cases were filed with the court over the last four years since 2012 while it did not find any environment-related case in the last one year, prompting the court to be engaged in dealing with civil and criminal cases, reports UNB.
Green activists said many environment-related complaints do not make it to the court as the mobile courts conducted by the DoE dispose of those by realising mere fines. They said the different sections of the Environment Court Act-2010, especially section 7, need to be amended as soon as possible as those make the courts function depended on the DoE. The government set up two environment courts in Dhaka and Chittagong in March, 2002 under the Environment Court Act-2000 to speed up the trial of the environmental-related crimes. Later on October, 2010, The Environment Court Bill-2010 was passed in parliament replacing the previous one to expedite trials related to environment pollution and formation of courts in every district, but no such court is yet to be set up in any district. The present condition of Chittagong Environment Court is not different from Dhakas one. Contacted, Chief Executive of Bangladesh Environment Lawyers Association (Bela) Rizwana Hasan said the Environment Court has now become nearly dysfunctional as the current law limits its jurisdiction while it gives the DoE more authority than the court in some cases.
The jurisdiction of Environment Court is also not clear. It can only deal with the environment-related crimes under the Bangladesh Environment Conservation Act 1995 (amended 2010). The court has also the authority to try non-environmental cases, she said.
She also said there is another obstacle that no case regarding environment pollution can be filed with the court without taking report from DoE or informing it.
Rizwana said it is essential to make the Environment Court people-oriented with its exclusive jurisdiction on all environmental problems through amending the Environment Court Act-2010.
Poribesh Bachao Andolon (Poba) chairman Abu Naser Khan said the Environment Court cannot function in its current set-up which is beset with many loopholes and weakness. He said the governments insincerity, lack of peoples awareness and cooperation from DoE and vague jurisdiction of the courts are the main reason for the sorry state of the court.
Mentioning that filing a case with the court is a very complicated job, the Poba chief said even he could not file a case with the Environment Court due to various complexities and lack of cooperation from the DoE.
Naser said before filing a case a victim must first need to lodge a complaint with the DoE about his or her allegation. Later, the DoE investigate the matter and it can fine the accused polluters or can file cases with the Environment Court. If the department doesnt take any satisfactory step despite passing of 60 days after submission of the complaints, the plaintiff then can move to the Environment Court. Public prosecutor (PP) of Dhaka Environment Court Firozur Rahman Montu said the number of case at their court has come down to zero over the last one year. Only 19 cases have been filed with the court over the last four years. He said the Environment Court cannot play an effective role for lack of cooperation from the DoE as it is more empowered than the court. Primary responsibility to file a case and probe the allegation is vested upon the DoE. Besides, the PP said the section 7 of the Environment Court Act-2010 has given the DoE and its DG some special powers, including conducting mobile court. He said the DoE carries out a few drives and take light punitive actionagainst the offenders.
