- opening up the horizon of PIL in the country;
- expanding ‘right to life’ to include the right to sound environment;
- ensuring ‘complete justice’ by directing payment of compensation and restoration;
- judicial recognition of ‘right to water’ and ‘sustainable development’;
- prevention of extraction of groundwater;
- mandatory EIA for shrimp cultivation;
- directions for freeing identified rivers from pollution and encroachments;
- directions for demolishing the illegal BGMEA building;
- directions for proper maintenance of city parks and playgrounds;
- shutting down of Hazaribagh tanneries, the fifth most polluting industries of the world11, and relocation of the tanneries to the industrial zone;
- shutting down of brickfields/sawmills;
- framing of rules on shipbreaking;
- prevention of deforestation/cutting of hills;
- prevention of filling up of wetlands and restoration of the same;
- prevention of destructive mining (sand, gas, white clay, stones) and directions for payment of compensation;
- prevention of conversion of agricultural land;
- mega housing projects declared illegal;
- direction for the demolition of illegal constructions in the fragile coral island;
- protection of rare species of turtles, and so on.
Role of BELA in Establishing Environmental Justice
BELA’s Experience in Dealing with Public Interest Litigation (PILs)
- vehicular pollution;
- river pollution;
- river encroachment;
- grabbing and pollution of wetlands;
- unplanned urbanization;
- industrial pollution;
- trans-boundary waste movement (regulating ship breaking);
- destruction of ecology;
- destructive mining (sand, gas);
- protection of agricultural lands;
- preventing indiscriminate commercialization (shrimp cultivation);
- compensation and damages against pollution;
- loss of biodiversity, and so on.
The Outcome of Favorable Judgments of PIELs
- Access to justice and implementation of environmental laws have been facilitated;
- Constitutional/legal provisions on environmental protection and powers and limits of powers of public functionaries have been defined;
- Principles of sustainable development and polluter pays have been upheld;
- New strategies for implementation and monitoring have evolved (continuing mandamus; impartial fact-finding/implementation committees formed);
- New institutions have been created (e.g. the National River Protection Committee);
- Rules (ship breaking), policies and management practices have been framed,
- And above all, the status quo in the culture of impunity has been put to a challenge.
Major Achievements of BELA’s
- Environment courts setup in 2000 under the Environment Court Act, 2010
- Public consultation in EIA made mandatory in 2010 under section 12 of the Environment Conservation (Amendment) Act, 2010
- The specific law on wetlands enacted in 2000 (Act No. 36 of 2000)
- Pro-people social forestry Rules framed in 2010
- Two sets of Rules framed in 2011 to regulate ship breaking and trans-boundary movement of hazardous wastes (the Ship Breaking and Recycling Rules, 2011 and the Hazardous Wastes and ShipBreaking (Wastes) Management Rules, 2011)
- Brick Manufacturing and Klin Setting (Control) Act, 2013
- River commission set up in 2013 under the National River Protection Commission Act, 2013
- Proposal of privatization of water removed from the Water Bill, 2013
- Sound Pollution Rules framed in 2006 under the Environment Conservation Act, 1995 (Noise Pollution Control Rules, 2006)
- The court directed regulation of Hydraulic horns
- Lead-free petrol introduced and CNG stations set up due to Court orders in BELA cases
- Detailed Area Plan (DAP) prepared under the Master Plan with sustainability goal for the Dhaka City approved in 2006
- Court issued interim order to consider the framing of Rules on village forestry (a model of community forest management) and protection of forest rights
- Non-transparent leasing of 61 fisheries canceled and settled with fishermen cooperatives
- Court giving interim order directing consideration of declaring areas as Water Stress (2015)
- Protecting farmers’ lands in Narayanganj from forced grabbing for setting up private economic zone;
- Legal action resulting in judgment for the demolition of BGMEA building built on swamps
- Relocation of polluting tanneries from Dhaka to Savar Industrial Estate
- Court directions for demarcation of banks of Dhaka rivers
- Flood flow zones of Dhaka protected from land grabbing by real estate developers for developing so –calledModhumoti, Jamuna, Ashiyan townships
- Recovery of Dhaka City public parks and playgrounds from grabbers
- Illegal structures in St. Martin Island directed to be removed
- Jaflong rivers declared Ecologically Critical Area and mining of stones directed to be stopped;
- Stone crushing machines from Jaflong directed to be removed;
- Restoration of Jaflong reserve forest;
- Environmentally and socially wrongful shrimp cultivation stopped in Cox’s Bazar; directed to be preceded by Environmental and Social Impact Assessment in Khulna and elsewhere to safeguard farmers from forced salinity intrusion;
- 51 acres reserve forest in Cox’s Bazar protected from planned government housing;
- Hill razing by Uttaran Housing Project in Cox’s Bazar halted;
- Extraction of white clay in Netrokona by 14 ceramic industries stopped;
- Critically endangered turtles of Bayezid Bostami Shrine in Chittagong protected