Tuesday, May 21, 2019 | ePaper

Responsibility of the environmental justice system of Bangladesh

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Farjana Afruj Khan Alin :
The current legal system in Bangladesh is a sophisticated technology compared to the institution that foreigners trade. The usual role of the judiciary in litigation and dispute resolution (civil jurisdiction) and the accused and in the criminal process (criminal justice) has evolved over the years. The basic elements of modern civil and criminal justice systems have been operating in most continental countries for more than a century.
Justice plays an important role in achieving sustainable development goals. Forensic Institutes provide a coherent and comprehensive strategy for interpreting environmental legislation, integrating integrated legal principles into the overall paradigm of sustainable development, reviewing various sectoral laws with a cross-sectoral approach and ensuring the implementation of the law. Serves as an effective agent and invitation features. A wide range of basic human rights in a satisfactory environment and Rule of law is very important because the rules of human activity and procedures ensure sustainable development by limiting conflicts arising from competitive rights (social, economic and environmental) with limited resources. Thus, what is extremely important for the responsibility of the judiciary is the need to achieve a balance between the needs of industry and competitors, who must maintain a sustainable environment.
The links between various forms of activity and environmental impact allow for different interpretations and reflect the internal complexity of the problem. Therefore, courts are encouraged to address these issues without prejudice to the goals and fundamental rights of civil society. The structure of the judiciary in South Asia has not changed satisfactorily to create the conditions necessary for sustainable development. In many countries, the Supreme Court plays a leading role in the interpretation of courts and guidelines, and many of them have a broader understanding of environmental management. The decision on the appointment of such an agency has not yet been made, and environmental cases are still rejected by the courts.
Positive definitions can convince people to use the environment and take legal action against violations. In addition, the judiciary can control public policies that violate the fragile environmental balance and increase the responsiveness and awareness of politicians through orders and judgements. However, certain environmental courts are necessary for more consistent and faster environmental decisions. This court reduces the number of pending lawsuits in the Supreme Courts and some jurisdiction were cheaper than separate judicial networks and administrative costs were limited. This classification is based on the general environmental laws of Bangladesh. The law in force that many laws are divided into categories related purposes, contained in different categories. This is a natural consequence of the fact that environmental protection is an interdisciplinary phenomenon and is no limit to a specific aspect of nature.
In Bangladesh, the Supreme court restricted the interpretation of the' 'Fundamental right to life'' amount limited in every of their constitution. This manage entrenches the human rights of the community to in a good physical shape and cosseted environment into an unadulterated officially authorized foundation. The analysis of constitutional civil rights was broadened in Bangladesh in the 1995, Supreme encourage surety of of Leading case is that Dr.  Mohiuddin Farooque Vs. Secretary, Ministry of Commerce, Government of the People's Republic of Bangladesh and others [48 DLR 438]. This lawsuit elaborate a beg against a mixture of Ministries and other powers that be for fault to fulfil their legal duties to ease proclaim and blare pollution caused by motor vehicles in the capital of Dhaka. The substance of the appeal was that even if the Constitution of Bangladesh enclosed no restricted permission to a careful and nourishing environment, this suitably was divide of the definite ''right to life'' enshrined in the Constitution. The date decided with this reason and, as such the human rights to a secluded environment are implicitly much-admired as personality inherent to the precisely to life. This elucidation was supported by constitutional prohibitions on dealings injurious to life, corpse or property. Courts give birth to practical the known guard doctrine in view to the management of spontaneous possessions and the environment, and in several states give rise to certain importance to the perception of inter-generational and intra-generational equity. As we know that Fundamental Rights are defendable, as they can be enforced, whereas the fundamental principles of State policies are non-defensible, in that, they are not enforceable in the court of law. While fundamental rights establish political democracy, State policy set social and economic democracy. This is why Judiciary may make role or take responsibility to ensures better environment by the Constitution as well as environmental laws and regulations for the welfare of Bangladesh's current and future citizen.
Though, most of these laws have no effect. This is due to the lack of enforcement, which is the result of many legal and institutional failures. These gaps include the lack of final regulations, the creation of law enforcement agencies, the lack of legal standards for environmental quality, and the lack of legal education and awareness. In 1992, a national environmental policy was adopted, which included sectoral policy guidelines to combat and promote environmental issues. Some applicable laws, such as the Forest Act of 1927, were enacted. Others were taken after 1947 to meet and solve the problem. This is useful when you initially accept it, but it is useful if you do not meet your current needs. In addition, the environmental situation in the world and Bangladesh has changed dramatically. To improve environmental management, you must review and revise existing legislation.
In Bangladesh, justice, judiciary and rule of law is combined as a whole. Like other law enforcement agencies with a written Constitution, both lawmakers and judicial authorities are the best and the courts are the final law. The duty of the court is to reinforce the rule of law, promote basic rights and equality between citizen and state and promote justice between citizen and citizen. Courts may form legal principles to ensure consistency and direction. Judicial radicalism is limited to a system appointed by the government and the judge's desire to reflect the value of his or her jurisdiction. Judges of our country, as a rule, do not participate in electoral politics, so they are usually more broadly focused on life and less popular to adapt to environmental protection, while others tend to find long term solutions than other government agencies. The judiciary, especially the High court, is expected to take a higher position in dealing with environmental issues. Removing the intensity of judicial review, the scope of the court and other deficiencies in jurisdiction may lead the court to understand the disclosure of environmental justice in Bangladesh.
(Farjana Afruj Khan Alin is PhD Candidature, University of Malaya, Malaysia).

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