Present Status and Impact of Environmental Laws on Biodiversity Conservation in Bangladesh

Abstract

From the discussion stated in my study it is found that the environment is an important external conditions in which an organism lives and we never thinks our life without it. In the view of Baul environment is the treasure, which supports life. It is healthy environment which can make our life healthy. Though the importance and role of environment in human life is very strong nevertheless we could not ensure healthy and safety environment for us. In my study, I have tried to show the biological resources and diversity form on the basis of both the ecology and economy of Bangladesh. Most essential sectors related to human life are heavily dependent, directly or indirectly on these biological resources. In my understanding, it is found from the researches done by many famous biologists that the world biodiversity may be divided into three. These are species diversity, genetic diversity and ecosystem diversity. Bangladesh is a tropical country of 147,570 sq.km which was environmentally rich than other parts of the earth even in early 1960s. It has a long seacoast, numerous rivers and their tributaries, deep and flood plain wetlands, lakes, haors, baors, evergreen forests of tropical nature, semi evergreen forest, hill forests, moist deciduous, forest, swamps etc. But today, Forests and other vegetation in have lost their original characteristics and ecological features due population growth and forestland converted to agriculture to meeting up the food shortage. With mild temperature, tropical climate, fertile soil, ample water, abundance of fish, rich ecology and biodiversity and forests, various flora and fauna, unfortunately, this rich environment is degraded due to various causes such as population growth, human interventions, indiscriminate use of environmental resources, unplanned urbanization and infrastructure development, industrialization, poverty, food shortage, introducing modern agriculture technology and so on. Presently Bangladesh has been suffering from various environmental problems such as various pollution, urban solid waste disposal, deforestation, bio-diversity degradation, ecological imbalance, climate changes, land degradation, wetland degradation, water scarcity and other environmental resources degradation etc. Pollution affects us from the different grounds such as polluting the air which is an integral part of our life, polluting the water without which we cannot imagine our life, polluting the noise due to the hydraulic horns, band transport vehicles, loud speakers etc. These shorts of disasters are happening by land degradation, wet land and water resources degradation, deforestation etc. Human beings are mostly contributed behind this disasters for rapid pollution growth, Chittagong Hill cutting, absence of a proper land use policy etc. Identifying the causes of biodiversity depletion is a great achievement of my study. The Sundarban is the largest compact mangrove forest of the world. It is called “Beautiful Jungle” in another word. It was rich with different species of animal. In 2000, almost 666750 animals of different species were found. But today this number of animals in Sundarban is decreased dramatically. Chalan beel is another source of biodiversity which is called heaven of fish. Almost 30,000 fishermen hunt fish in rainy season and 12,255 metric tons different kinds of fishes were caught by them in a year. The availability of the agricultural and fishing land of Chalan beel and the surrounding is decreasing day by day due to increased demands of settlement. Initiatives taken in Bangladesh are as formulating and updating laws and policies, implementing various projects to mitigate the present environmental problems, formulating some long term environmental action plans, ratifying different international and regional treaties. In recent years, Government has enacted some important environmental laws such as the Environment Conservation Act, 1995, Environment Court Act, 2000, formulated Environment Rules 1997, Environment Policy 1992, Environmental Action Plan 1992 conseruation of Wildlife Act, 2012, Bio-safety Rules, 2012, Paly Grounds and Natural Water Bodies in Twon and Municipal Areas Act, 2000 and some other important rules and policies are under consideration for enacting. But besides these initiatives losing biodiversity is going on till today. Violations of the laws are now a common practice to the people. Due to the increasing demand of daily amenities, the people have been more opportunistic to abuse environment for their own benefits. In my study, I have shown the connectivity of both people and organization with the violation of laws. Some powerful organization plays their aggressive role and violates the environmental laws for which the biodiversity of Bangladesh is going down day by day to be destroyed. In 1994, a writ petition was first taken before the high court divisions on behalf of the local people where a disputed development action was being implemented. The petition was at first rejected by the court on the ground of standing of the organization. A few numbers of conscious persons, responsible organizations, rightists and victims tried to take litigation against the violators of the environmental laws in the different times from their grounds. But ultimately they could not be succeeding with their efforts. For these intellectual disabilities our biodiversity is in loss till today. So, it is said that the complexities to the enforcement of the laws are making inspiration to the violation of the conceded laws. If the necessary laws are possible to be implemented effectively to the affected grounds then a gradually development will have in favor of our biodiversity. According to my field experience completed as a part of my thesis, it is found that the caretaker government (Oct’06-Oct’08) played vital role during their period. From the view of the locals of Meghnaghat of Chadpur we are informed that the amount of harvested hilsha fish has been increased wonderfully in 2008 and 2009 because of having effective implementation of the relevant laws during the period of last caretaker government. Brick fields are the most pollutant industry in the country which impacts our environment highly by destroying forest/trees and producing Carbon Di-Oxides (CO2). A few years ago this sectors was a great concern to our environmentalists but today this sector has been developed environmentally by enacting the laws in which coal is suggested as fuel to burn the raw bricks. As like these mentioned sectors there are so many sectors damaging our environment in which we should implement the necessary laws effectively. Environmental law began in the Indian subcontinent with the enactment of Land Mark Public Health Act, 1875 by the British ruler. There are around 57 laws enacted by the British rulers though these were not treated as environmental laws by the jurists and scholars till 1960 because environmental problems originated after 1960 when it became threat to global civilization. In reality, scholars put the environmental problems to thoughts in 1960 but these were treated as acute in 1970. For the despoiled situation of environment, the government in different periods passed and enacted laws to reduce environmental problems. After the independence, Bangladesh government has realized the environmental problems and adopted necessary measures with a view to developing and conserving the environment and environmental resources. Environmental consideration got priorities in every development sector to ensure sound environment and sustainability. At present, there are around 200 environmental laws in Bangladesh and all of them are in execution in different sectors. According to the imposing period, these laws are divided into three periods such as British, Pakistani and Bangladesh period. There are around 58 laws enacted by British rulers (1757-1947), around 40 and 90 laws enacted in Pakistan and Bangladesh government respectively. The Government of Bangladesh has enacted major laws and policies to have the environmental solutions after 1990. Agriculture is one of the largest environmental activities through the world including Bangladesh. It has a vast role in the development of Bangladesh economy. Laws and policies to control the agricultural activities in Bangladesh have been passed at several times. There are 10 agricultural laws passed by the British rulers and the major of them are The Canal Act, 1864, Irrigation Act, 1876, Destructive Insects and Pests Act, 1914 etc. There are around 9 laws enacted in Pakistan period and the major of them are Non Agricultural Tenancy Act, 1949, State Acquisition and Tenancy Act,1950, Agriculture Pests Ordinance, 1962 etc. And the government of Bangladesh passed many agricultural laws after the independence such as Agricultural Pesticides Ordinance, 1971, Bangladesh Agricultural Research Institute Ordinance, 1976, Bangladesh Agricultural Research Council Act, 1996 etc. Wetland and fish are one of the valuable and integral components of our environment and the main protein source of our country from the very beginning of the human civilization. To regulate and develop this fish and fish resources there are twelve fisheries laws passed in the different periods. Of them two laws are passed in British period, three laws are passed in Pakistan period and remaining seven laws are passed in Bangladesh period. Development of wildlife conservation laws are passed to conserve and develop wildlife and domestic animals, prevention of cruelty to animals, restriction on hunting and slaughters, control of consumption of meat, create wildlife sanctuary, livestock disease and treatments. These laws are passed in different periods. Of them three laws are passed in British period, four laws are passed in Pakistan period remaining five laws are passed in Bangladesh period. There are six Acts and three ordinances have passed for the conservation and development of the forest and forest resources, wildlife, etc. Water Pollution and Water Resources Management - There are seven Acts, one Ordinance, two Rules, and one Order for conserving and maintaining watersheds, controlling and regulating water pollution, sustainable planning and use of water resources, conservation of aquatic biodiversity etc. To save the global environment and biodiversity different types of efforts were taken in different times. At first the relationship between economic development and environmental degradation was placed on the international agenda in 1972, at the UN Conference on the Human Environment, held in Stockholm. In 1992, The Earth Summit was held in Re De Janeiro of Brazil in which a number of agreement were signed and many steps were taken for having a change of our traditional development in environmental sectors. There are quite a few examples where environmental issues have successfully been addressed. Bangladesh has been able to create an enabling policy regime for better management of environment and natural resources. The policies has adopted in principle the concept of sustainable development and recognized the importance of economic development that goes in hand with the control of environmental pollution and maintaining ecological balance. An enabling legal environment has been tried to create by establishing Environment Court, enacting Environmental conservation Act and Rule, making EIA mandatory for all development activities etc. But for the lack of inter-sectorial coordination, conflicts in sectorial policies, lack of institutional capacities, regulatory and institutional inadequacies, abuse of laws by the authority and out dated laws expected developments in are so far.