Environment courts find only 38 offenders in 7yrs

Industrial pollution and degradation by industries and human intervention goes on unabated as only 38 cases out of a total 340 filed till May 31 have so far been ended in conviction since the establishment of Environmental Courts in 2002.
Although campaigns by environmental groups against pollution are gaining in strength in the country, only 340 cases were filed with the environment courts till May 31, reflecting the reluctance of the affected people to seek justice due to legal limitations and lengthy and tortuous procedures, said experts, lawyers and environment activists.
The government has so far established three environment courts – two in Dhaka and Chittagong in 2002 and a third in Sylhet in 2005 – and an Environment Appellate Court in Dhaka in 2002, although the law stipulates establishment of at least one court in each divisional headquarters.
According to information available with the Department of Environment, since the establishment of the courts, 340 cases were filed till May 31 – 166 in Dhaka, 87 in Chittagong and 87 in Sylhet.
Of the 304 cases, 63 have been disposed of, 60 are under trial and 185 cases are now under investigation, while proceedings in three cases have been stayed by the High Court. In the rest 29 cases, the department has filed final reports saying that no evidence could be found to prove the charges.
Only 38 cases ended in conviction of the polluters. In 19 cases, the accused factories and individuals were acquitted of the charges. The department, however, is yet to know about the judgement in the rest six cases disposed of.
The convicts were fined and ordered to set up effluent treatment plants in their factories.
Although the law empowers the courts to order the polluters to compensate the affected people, no such order of compensation has so far been issued by any of the environment court, according to the information available with the department.
Experts, lawyers and environmental campaigners said that the complicated legal procedures, delay in disposal of the cases, low rate of conviction and no order for compensation were the reasons for reluctance of the affected people to file cases seeking redress.
According to the Environment Courts Act 2000, none can file a case directly with the courts without permission of the Department of Environment.
One can file a written complaint with the department and it will ask an inspector or an authorised person to investigate the allegations. The inspector has to submit an investigation report within 60 days after the filing of the complaint. If the inspector submits a charge sheet against a polluter, the environment court can take cognisance of the offence.
Director general of the Bangladesh Environment Lawyers Association, Sayeda Rezwana Hasan, told New Age, ‘Waiting for 60 days is difficult in most of the cases of environmental pollution as things become more critical for lack of an immediate action.’
‘This discourages our organisation and the people from filing cases against pollution,’ she said.
Environment lawyer Iqbal Kabir said, ‘The department works as a police station and unless an authorised inspector of the department gives any report on the complaint, the court cannot take up any case for trial.’
An inspector of the Department of Environment said they received a good number of complaints every month, but cannot conduct a thorough inspection due to manpower shortage.
In Dhaka division there are only three inspectors working, he added.
Rizwana and Iqbal said that they had already submitted petitions to the department and the environment ministry suggesting amendments to the law empowering individuals to sue any polluter directly in order to make the courts more functional.
The minister for environment and forest, Mostafizur Rahman, however, told New Age on Friday that the ministry was yet to receive any such suggestions.
Most of the cases filed with the Dhaka division environment court were for pollution by dyeing and other factories that did not have any effluent treatment plants despite the government’s directive to set up them, said the public prosecutor of the Dhaka divisional environment court, Firozur Rahman Montu.
‘I have received only six cases in last two months,’ said Firoz adding, ‘the number could increase if there are more inspectors for Dhaka division.’

Courtesy of NewAgebd