History and development of environmental law, policy and organization in Bangladesh

Abstract

History is a witness to the fact that the human beings have been struggling continuously to manage their surrounding environment by imposing some regulations to improve their well being. Over the centuries and decades, the modes and manners of regulations on environment have changed and improved. An examination of these modes and manners of regulation from the historical point of view is extremely important not only to understand why they have grown but also to guide their future course of development for the benefit of mankind. This thesis aims to examine the historical development of environmental laws, policies and institutions in Bangladesh in the global context. Laws, policies and institutions in any area do not grow over a year or two. It is a result of interactions of various factors over a long period of time. Therefore, proper understanding of policies, rules and institutions on environmental laws of any country require a historic sense of earlier scientific, political and legal developments. This study, ranging from early (Ancient period) to 2010 A.D, mostly focuses on historical events that gradually helped develop a modern environmental law for Bangladesh. This study reveals that environmental laws in some form existed in ancient (from early to 1204 A.D.) and medieval Bengal (1204 to 1757 A.D.). Although the motivation was duty based and revenue collection by the ruling class was the incentive, they served the purpose of conservation of natural resources in the environmental sense. In the modern period, this research shows that, before the creation of Environmental Conservation Act in 1995 in Bangladesh, there were around 200 laws that had direct or indirect bearing on our environment. Numerous laws were created during the British era (1757-1947 AD). It also shows that religious faiths, customs and social practices historically played important role in protecting environment in ancient and medieval Bengal. This study also examines the historical developments on international plane. During the last few decades many Conventions and Protocols have been signed by the members of the world community to protect our global environment. Bangladesh has also played important role in the negotiation of many of these Treaties. These international developments have had an important impact on our national development of environmental laws, policies and institutions in Bangladesh. In 1989, the Ministry of Environment and Forest (MoEF) was established to address the emerging environmental issues. The Government started to take measures, drafted the National Conservation Strategy, adopted the National Environment Policy, 1992 and revised the old law by enacting the Bangladesh Environment Conservation Act, 1995 which has also restructured the Department of Environment (DoE). Moreover, National Environment Management Action Plan has also been prepared is being implemented. These national developments were mostly influenced by the international developments of 1970s and 1990s. It is not only historical survey of developing environmental law in Bangladesh but also time framework and institutional evolution.