“Environmental Degradation: A Threat to the Right to Life and Well-

Being of Bangladesh.”
Introduction:

Environmental degradation is a growing concern in Bangladesh, and it presents a significant

threat to the right to life and well-being of its population. The rapid industrialization and
economic growth have led to environmental pollution and degradation, including air, water, and
soil pollution. Such environmental issues have depleted natural resources and created ecological
imbalances, posing human health and well-being risks. The World Health Organization (WHO)
states that air pollution alone is responsible for 48,000 deaths annually in Bangladesh1.

This proposed research aims to examine the environmental degradation in Bangladesh and its
impact on people's right to life and well-being. This study will assess the current state of
environmental degradation, explore the root causes, investigate the impacts on human health, and
recommend sustainable solutions to combat the problem. Through this research, we hope to
contribute to the development of policies and interventions that can promote environmental
conservation, ensure the right to life and well-being, and improve the quality of life for the
people of Bangladesh.

This study will explore the root causes of environmental degradation and examine the limitations
of current laws addressing this issue and the research proposal's significance comes from the
urgency to address environmental degradation's impact on human life. The findings of this study
will provide vital insights and recommendations to policymakers, stakeholders, and other
interested parties to develop effective measures to protect people's right to life and improve their
well-being.

Statement of the research:

In recent years, environmental degradation in Bangladesh has become a growing concern. The
World Bank has identified Bangladesh as one of the most vulnerable countries in the world to
climate change and environmental disasters such as floods, cyclones, and storms. 2 These

1
World Health Organization. (2018). Ambient air pollution: A global assessment of exposure and burden of disease .
2
(World Bank Group - International Development, Poverty, & Sustainability)
<www.worldbank.org/en/country/bangladesh/brief/climate-change-in-bangladesh-key-facts> accessed 23 July
2023
environmental challenges exacerbate poverty, malnutrition, and other health issues, leading to a
significant violation of the right to life of individuals and communities in Bangladesh.

The purpose of this thesis paper is to examine the causes leading to environmental degradation in
Bangladesh and the implications of this degradation on the human right to life. The paper will
also explore the current legal framework and the government's obligations to protect the
environment and safeguard the right to life of individuals and communities under the
Constitution of Bangladesh.

At the same time, the legal framework for environmental protection in Bangladesh has several
drawbacks. The Environmental Conservation Act of 1995 provides the legal framework for
environmental protection in Bangladesh, but enforcement is often weak and ineffective due to
limited human capacity, inadequate resources, and corruption. The Appellate Division in the case
of Dr. Mohiuddin Farooque vs. Bangladesh has expounded that ‘articles 31 and 32 of our
Constitution protect right to life as a fundamental right. It encompasses within its ambit the
protection and preservation of the environment, ecological balance free from pollution of air and
water, and sanitation without which life can hardly be enjoyed. The government is also obligated
under the Constitution of Bangladesh to protect the environment as a fundamental right of its
citizens.3 However, the enforcement of these obligations has not been effective.

The findings of this research will have significant implications for policymakers. The research
will highlight the need for stronger environmental policies and enforcement mechanisms to
protect the right to life of individuals and communities in Bangladesh. Furthermore,
understanding the shortcomings of the current legal framework can help policymakers develop
more effective strategies to address environmental degradation and safeguard the right to life of
its citizens.

Research Questions:

- Whether the current condition of environmental degradation impact individuals' and

communities' right to life or not.

3
Dr. Mohiuddin Farooque vs. Bangladesh & others, HCD,1996,48 DLR 438
- Whether there are any loopholes or drawbacks of legal frameworks regarding the protection of
the environment and people’s right to life.

- How can awareness and public participation contribute to mitigating environmental degradation
and promoting the right to life?

Objectives:

- To identify and analyze the underlying causes behind environmental degradation.

- To critically examine the existing legal frameworks concerning environmental protection and
their shortcomings in safeguarding the environment and people’s right to life.

- To propose and evaluate potential solutions and recommendations to effectively protect the
environment and right to life in the context of environmental degradation.

Scope:

This research paper aims to investigate the causes contributing to environmental degradation in
Bangladesh and the resulting impact on the human right to life. Specifically, it will focus on
analyzing the current legal framework and the government's obligations under the Constitution
of Bangladesh to protect the environment and ensure the right to life of individuals and
communities. The study will also examine the limitations and challenges in the enforcement of
environmental protection laws, such as the Environmental Conservation Act of 1995.

Limitation:

The research project was conducted within a three-month timeframe as part of fulfilling the
academic requirements of a semester course. As a result, it was not possible to achieve
comprehensive coverage of all desired research areas. Given a more extensive time frame, a
deeper and more detailed analysis could have been performed, resulting in a more informative
and high-quality research output. Additionally, the limited availability of resources within the
institution presented challenges in collecting sufficient data, further impacting the research
process.

Methodology:

The present research is classified as a doctrinal research. It relies on primary sources such as
existing laws, books, journal reports, articles, existing research papers, and case laws. A
comprehensive review of relevant legal texts and scholarly works focusing on environmental
degradation and the violation of the right to life in Bangladesh has been conducted. The sources
have been obtained through libraries, databases, and institutional repositories, which form the
foundation for the research. Secondary sources, such as online journals, books, and scholarly
articles, have also been consulted to supplement the primary research material. These sources,
available on the Internet, provide additional insights, analysis, and discussions from scholars and
experts in the field of environmental law and human rights, contributing to a more
comprehensive understanding of the topic.

Data Analysis:

To complete the research paper, Microsoft MS Word, Excel, and Graphics tools like Adobe
Photoshop have been employed.

Literature Review:

The paper reviews various books, journal articles, research papers, newspapers, and case laws
regarding environmental laws in Bangladesh. The researcher has reviewed the books of Hossain
(2017), Halim (2020), Chowdhury (2014), Islam (2003), Elena (2022), and many others.

Hossain (2017) discusses the absence of an explicit right to a healthy environment as a

fundamental right in the Constitution of Bangladesh. However, it highlights that the right to life
is guaranteed, providing a basis for environmental justice. Citizens can seek protection of their
fundamental rights through the Court, which holds broad remedial powers in constitutional
cases.4

Chowdhuri (2014) highlights that the right to life includes safeguarding the environment and
ecological balance. Despite the absence of a specific environmental provision like Article 48A in
the Indian Constitution, the Bangladeshi court expanded the scope of the right to life to
encompass environmental protection. With the 15th Amendment, Bangladesh addressed this gap
by introducing a new Article 18A dedicated to environmental matters.5

Chapterization:

The current study will be formulated in six chapters:

Chapter One: Introduction

Chapter Two: Environmental Degradation: A Theoretical Study

Chapter Three: Healthy Environment is Part of Right to Life.

Chapter Four: Legal Framework in Bangladesh to Protect the Environment: A Critical Analysis.

Chapter Five: Findings

Chapter Six: Conclusion

Conclusion:

Environmental degradation poses a grave threat to the fundamental right to life of the people of
Bangladesh. It is imperative for the Bangladeshi government to urgently address the pressing
environmental challenges confronting the nation, such as air and water pollution, soil
contamination, and deforestation. To combat these issues effectively, the government must make
substantial investments in clean energy initiatives, enhance waste management practices, and
actively safeguard the country's forests. Moreover, fostering public awareness about the critical
environmental challenges at hand and the significance of preserving the environment is crucial in
fostering a sustainable and ecologically responsible society.

4
Md Iqbal Hossain, International Environmental Law: Bangladesh Perspective (6th edn, 2017), 780-782.
5
Jashim Ali Chowdhuri, An introduction to The Constitutional Law of Bangladesh (2nd edn, 2014) 197.