Learning Objective: After completing this lesson students will -
a) be aware about the roles of environmental courts and tribunals in implementation of environmental justice
b) be able to argue in favour of establishment of ECTs
c) learn about the major features of Environmental Court Act, 2010
d) learn about the practicalities within Environmental Courts of Bangladesh
United Nations Conference on the Human Environment is also known as Stockholm Conference and marked as a turning point in the development of international environmental politics.
It was the UN’s first major conference on international environmental issues.
The meeting agreed upon a Declaration
Containing 26 Principles
An Action plan containing 109 Recommendations
A Resolution on institutional and financial arrangements
This was the first step toward “ Sustainability Revolution
United Nations Conference on the Human Environment is also known as Stockholm Conference and marked as a turning point in the development of international environmental politics.
It was the UN’s first major conference on international environmental issues.
The meeting agreed upon a Declaration
Containing 26 Principles
An Action plan containing 109 Recommendations
A Resolution on institutional and financial arrangements
This was the first step toward “ Sustainability Revolution
Learning Outcome: After completion of this lesson, students will be -
a) informed about the historical emergence of environmental justice as a social movement;
b) able to generate a definition of environmental justice from Bangladeshi context;
c) propose development to the Environment Court Act, 2010
d) learn about a leading case ensuring Environmental Justice in Bangladesh
Precautionary principle / Precautionary principle in environmental law.nehatiwari116
Precautionary principle is a moral and political principle which states that if an action or policy might cause severe or irreversible harm to the public, in the absence of a scientific consensus that harm would not ensue, then the action should be stopped The principle implies that there is a social responsibility to protect the public from exposure to harm, when scientific investigation has found a plausible risk. These protections can be relaxed only if further scientific findings emerge that provide sound evidence that no harm will result.
Background of Environmental Laws: International ContextPreeti Sikder
Learning Objectives: After completing this lesson, students will be able to:
a) trace the development of laws in the environmental arena
b) identify the needs and goals which led to today's environmental legal regime
c) critically assess the current requirements the latest legal documents must bear in order to meet the generational needs
In this presentation Environmental laws of India has been described. It contains Wildlife act, Water act, Forest conversation act, Protection act, Air act and ISO 14000 environment standards.
The United Nations Conference on Environment and Development (UNCED), also known as the Rio de Janeiro Earth Summit , Rio Summit, Rio Conference, and Earth Summit (Portuguese: ECO92), was a major United Nations conference held in Rio de Janeiro from 3 to 14 June 1992.
This is a presentation on one of the topic of environmental law. It deals with Rio Declaration which is a very important summit in the history of environmental law.
Background, sustainable development, principles of Rio Declaration, Espoo Convention, understanding difference in policy, plan, program & project, key elements of SEA, benefits of SEA.
Learning Outcome: After completion of this lesson, students will be -
a) informed about the historical emergence of environmental justice as a social movement;
b) able to generate a definition of environmental justice from Bangladeshi context;
c) propose development to the Environment Court Act, 2010
d) learn about a leading case ensuring Environmental Justice in Bangladesh
Precautionary principle / Precautionary principle in environmental law.nehatiwari116
Precautionary principle is a moral and political principle which states that if an action or policy might cause severe or irreversible harm to the public, in the absence of a scientific consensus that harm would not ensue, then the action should be stopped The principle implies that there is a social responsibility to protect the public from exposure to harm, when scientific investigation has found a plausible risk. These protections can be relaxed only if further scientific findings emerge that provide sound evidence that no harm will result.
Background of Environmental Laws: International ContextPreeti Sikder
Learning Objectives: After completing this lesson, students will be able to:
a) trace the development of laws in the environmental arena
b) identify the needs and goals which led to today's environmental legal regime
c) critically assess the current requirements the latest legal documents must bear in order to meet the generational needs
In this presentation Environmental laws of India has been described. It contains Wildlife act, Water act, Forest conversation act, Protection act, Air act and ISO 14000 environment standards.
The United Nations Conference on Environment and Development (UNCED), also known as the Rio de Janeiro Earth Summit , Rio Summit, Rio Conference, and Earth Summit (Portuguese: ECO92), was a major United Nations conference held in Rio de Janeiro from 3 to 14 June 1992.
This is a presentation on one of the topic of environmental law. It deals with Rio Declaration which is a very important summit in the history of environmental law.
Background, sustainable development, principles of Rio Declaration, Espoo Convention, understanding difference in policy, plan, program & project, key elements of SEA, benefits of SEA.
Environmental law means the laws that regulate the impact of human activities on the environment. Environmental law covers a broad range of activities that affect air, water, land, flora or fauna. It includes laws that relate to: Protection of animals and plants, planning for the use and development of land, Mining, exploration and extractive industries, Forestry, Pollution, Fisheries, Land and fire management, Agriculture and farming, Waste management, Climate change and emissions, Water resource management (lakes, wetlands, rivers and oceans), Chemicals and pesticides, Weeds and invasive species, Marine life, Conservation of natural and cultural heritage.
Is Better Regulation about asking the right questions?tamsin.rose
Looks at the recent trends for Better Regulation in EU policy-making, the use of impact assessment and asks whether this really delivers policies of benefit for society.
Understanding Environmental Rule of LawPreeti Sikder
Learning Objectives: After completion of this lesson students will -
a) be introduced to the concept of environmental rule of law
b) learn about the expected standard of environmental laws so that they can evaluate the current Bangladeshi legal framework on Environment
AIS 2102 Legal Framework of Trade UnionismPreeti Sikder
Learning Outcome: After completion of this lesson, students will be able to -
a) define workers and trade unions;
b) identify the statutory and constitutional framework of trade unions in Bangladesh,
c) identify unfair labour practices on part of employers and workers
Restrictions on Articles and Activities Injurious to Environment: Polythene BanPreeti Sikder
Lesson Outcome: Learning Objective: After completing this lesson, students will
a) be acquainted with the relevant legal provisions existing in Bangladesh relating to plastic pollution
b) be able to critically analyse the steps taken by Bangladeshi Government in imposing absolute ban on polythene
Core Elements of Environmental Rule of LawPreeti Sikder
Lesson Outcome: After completion of this lesson, students will be able to -
a) dissect own opinions about implementation techniques of environmental laws;
b) identify the core elements of environmental rule of law
Introduction to Environmental Rule of LawPreeti Sikder
Lesson Outcomes: After completion of this lesson students will be able to -
a) Define environmental rule of law
b) Define environmental governance
c) Distinguish between environmental rule of law and environmental governance
Laws and Policies on Climate Change in BD: BCCSAPPreeti Sikder
After completion of this lesson, students will be able to -
a) understand the adaptation and mitigation measures taken by Bangladesh government;
b) describe the six pillars of BCCSAP
AIS 2102 Examples of Negotiable InstrumentsPreeti Sikder
Learning Outcome: After completion of this lesson students will be able to -
a) define promissory notes;
b) define bills of exchange;
c) define cheques;
d) distinguish between promissory notes and cheques.
AIS 2102 Introduction to Negotiable InstrumentsPreeti Sikder
Learning Outcome: After completion of this lesson, the students will be able to -
a) define negotiable instruments
b) describe the characteristics of negotiable instruments under the Negotiable Instruments Act, 1881
Learning Outcome:
After completion of the lesson students will be able to -
a) comprehend the nature of misrepresentation in contracts
b) distinguish between representation and promise
c) describe the elements of misrepresentation
d) describe the elements of fraud
e) distinguish between misrepresentation and fraud
Learning Outcome: After completion of this lesson, students will be able to -
1) identify and distinguish between conditions and warranties
2) learn about implied conditions and implied warranties available under Sale of Goods Act
3) determine when ownership of a property passes during a sale
Learning Outcome: After completion of this lesson students will be able to-
a) differentiate between sale and agreement to sell
b) define contract for sale of goods
c) define goods
Vitiating Elements in Formation of Contract: Coercion, Fraud and Undue Influe...Preeti Sikder
After completion of this lesson students will be able to:
- define free consent and identify elements of coercion
- define fraud and identify its elements
- define undue influence and identify its elements
Protection of Biodiversity in Bangladesh: ForestsPreeti Sikder
Learning Objectives: After completing this lesson students will be
a) informed about the basic forest management system in Bangladesh
b) informed about the categories of forests in Bangladesh
c) learn about the points of improvement that can be considered in relation to the Forests Act, 1927
Protection of Biodiversity in Bangladesh: ECAPreeti Sikder
Learning Outcome: After completion of this lesson students will -
a) learn about the concept of Ecologically Critical Areas,
b) be informed about the legal requirements in protecting the ECAs
c) be informed about judicial activism relating to ECAs in Bangladesh
After completion of this lesson students will be able to:
a) define offer
b) distinguish between offer and invitation to treat
c) explain how a proposal is revoked
World Without Law Professors: Legal Research and EducationPreeti Sikder
Learning Outcome: After completion of this lesson, students will be able to -
a) comprehend the necessity of academic legal research
b) identify deep legal research and interdisciplinary legal research
Acceptance in Contract and its CommunicationPreeti Sikder
Learning Outcome: After completion of this lesson students will be able to -
a) define acceptance
b) understand and explain the methods of communication of acceptance
c) illustrate the legal provisions relating to communication and revocation of acceptance
World Without Law Professors: Legal TrainingPreeti Sikder
Learning Outcome: After completion of this lesson, students will be able to-
a) identify the basic pattern of legal education in both civil and common law countries;
b) describe the counter models presented to address lacunae of legal education
c) understand the benefits of clinical lawyer school
Restrictions on Articles and Activities Injurious to Environment: Plastic pol...Preeti Sikder
Learning Objective: After completing this lesson, students will
a) be acquainted with the relevant legal provisions existing in Bangladesh relating to plastic pollution
b) be able to critically analyse the steps taken by Bangladeshi Government in imposing absolute ban on polythene
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
Defending Weapons Offence Charges: Role of Mississauga Criminal Defence LawyersHarpreetSaini48
Discover how Mississauga criminal defence lawyers defend clients facing weapon offence charges with expert legal guidance and courtroom representation.
To know more visit: https://www.saini-law.com/
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
This guide aims to provide information on how lawyers will be able to use the opportunities provided by AI tools and how such tools could help the business processes of small firms. Its objective is to provide lawyers with some background to understand what they can and cannot realistically expect from these products. This guide aims to give a reference point for small law practices in the EU
against which they can evaluate those classes of AI applications that are probably the most relevant for them.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Matthew Professional CV experienced Government LiaisonMattGardner52
As an experienced Government Liaison, I have demonstrated expertise in Corporate Governance. My skill set includes senior-level management in Contract Management, Legal Support, and Diplomatic Relations. I have also gained proficiency as a Corporate Liaison, utilizing my strong background in accounting, finance, and legal, with a Bachelor's degree (B.A.) from California State University. My Administrative Skills further strengthen my ability to contribute to the growth and success of any organization.
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"Lifting the Corporate Veil" is a legal concept that refers to the judicial act of disregarding the separate legal personality of a corporation or limited liability company (LLC). Normally, a corporation is considered a legal entity separate from its shareholders or members, meaning that the personal assets of shareholders or members are protected from the liabilities of the corporation. However, there are certain situations where courts may decide to "pierce" or "lift" the corporate veil, holding shareholders or members personally liable for the debts or actions of the corporation.
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Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
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2. Pillars of Environmental Rule of Law
Access to
information
Access to
public
participation
Access to
justice in
environment
al matters
3. The third “pillar” of access rights – access to
justice – as articulated in Principle 10 of the
Rio Declaration and refined in the Bali
Guidelines is now seen as the primary driver of
new ECTs.
4. UNEP guide for Policy Makers
Environmental Courts and Tribunals
5. Elizabeth Mrema,
Director, Law Division at the UN Environment
“The Rule of Law lies at the core of a just
administration of justice and is a
prerequisite of peaceful societies, in
which environmental obligations, equality
before the law and the adherence to the
principles of fairness and accountability
are respected by all. Law coupled with
strong institutions is essential for
societies to respond to environmental
pressures and crucial for the
international community to address the
environmental challenges of our time.”
6. Justice Antonio Herman Benjamin,
High Court of Brazil
“Environmental conflicts
require quick action or
response, which is
incompatible with the slow
pace of the court system that,
due to its bureaucracy and
technical rituals, eventually
becomes an obstacle to
effective protection of the
environment and to economic
progress.”
7. On-going “Explosion of ECTs”
The “explosion” in the number of ECTs since 2000 is
astounding. Today, there are over 1,200 ECTs in 44 countries at
the national or state/provincial level, with some 20 additional
countries discussing or planning ECTs.
This continuing explosion is being driven by the development of
new international and national environmental laws and
principles, by recognition of the linkage between human rights
and environmental protection, by the threat of climate change,
and by public dissatisfaction with the existing general judicial
forums.
8. Improving the environmental rule of law, access to justice
and environmental dispute resolution is essential for
achieving the UN’s 2030 Agenda for Sustainable
Development and the Sustainable Development Goals
(SDGs), particularly SDG Goal 16 – “to provide access to
justice for all and build effective, accountable and inclusive
institutions at all levels.”
Specialized Environmental Courts and Tribunals (ECTs)
are now widely viewed as a successful way to accomplish
this important goal.
9. An ECT is different from general courts because it
specializes in environmental cases and has
adjudicators trained in environmental law.
The decision-making process often incorporates both
lawyers and scientific/technical experts, and relies on
alternative dispute resolution, open standing,
streamlined case review and sophisticated use of
information technology.
10. “The judiciary has a role to play in the
interpretation, explanation and
enforcement of laws and regulations. …
Increasingly, it is being recognized
that a court with special expertise in
environmental matters is best placed to
play this role in the achievement of
ecologically sustainable development.”
Justice Brian Preston,
Chief Judge of the Land
and Environment Court of
the State of New South
Wales, Australia
12. Why ECTs are needed (Pro-argument)
Expertise: Expert decision makers make better decisions.
Efficiency: Greater efficiency, including quicker decisions.
Visibility: Shows visible government support for the environment and
sustainability and provides an easily identifiable forum for the public.
Cost: Can lower expenses for litigants and the courts.
Uniformity: Greater uniformity in decisions, so litigants know what to expect..
Standing: Can adopt rules that expand standing, for individuals, environmental
related NGOs and public interest litigation (PIL). (China has recently adopted
legislation expanding standing for environment NGOs and public interest
litigators in their ECs, as have other nations.)
Commitment: Effectuates government’s commitment to the environment and
sustainability.
13. Why ECTs are needed
Accountability: Greater government accountability to the public.
Prioritization: Ability to prioritize and move on cases that are urgent.
Creativity: Can adopt rules allowing for innovative and flexible procedures
and remedies.
Alternative Dispute Resolution: Broadens ability to use ADR and other
non-adversarial dispute resolving processes, including restorative justice,
to provide win-win enforceable agreements.
Issue Integration: Can deal in a more integrated way with multiple laws,
particularly if the ECT has civil, criminal and administrative jurisdiction.
Remedy Integration: Can combine civil, criminal and administrative
remedies and enforcement under one roof.
14. Why ECTs are needed
Public Participation: Involvement of the public can be increased, reinforcing
one of the critical access pillars to justice.
Public Confidence: The public’s confidence in the government and the
judicial system can be increased, so that members of society are more
likely to bring concerns to the system.
Problem Solving: Judges can look beyond narrow application of rule of law
(“right-wrong”) and craft creative new solutions.
Judicial Activism: Can apply new international principles of environmental
law and natural justice as well as national/local law.
Investigation: May be authorized to undertake investigations of
environmental problems on its own initiative without a case being brought.
15. Specialization does not, by itself, guarantee
any of these potential positive characteristics
will automatically occur. However, ECT
architects can include special design features
to ensure some or all of these features –
features which are not typical of and may not
be possible in the traditional judicial
institutions.
16. Opponents of specialization in general and
ECTs in particular raise “con” arguments
Competing Needs: There are other areas of the law that arguably need
specialization as much or more.
Marginalization: Takes environmental cases out of the mainstream and
may mean less attention, less qualified judges, less budget, and limited
opportunities for judicial advancement.
Fragmentation: This fragments the legal system and isolates important
environmental issues and judges.
Internal Reform: It’s better to reform within the existing general court
system.
17. Opponents of specialization in general and
ECTs in particular raise “con” arguments
Insufficient Caseload: Not enough environmental cases to
justify an ECT.
Cost: The cost of creating a new institution isn’t worth it.
Confusion: Potential public confusion about what is defined as
an environmental case and determining in which of several
forums to lodge a complaint.
What’s “Environmental”?: Difficulty in defining what is an
“environmental” case and how to handle cases with both
environmental and non-environmental issues.
18. Opponents of specialization in general and
ECTs in particular raise “con” arguments
Capture: Special interests will be able to more easily influence and
control a small ECT outside the general court system.
Generalist Judges: Some feel generalist judges with a broad
perspective and experience will focus on the forest not the
individual trees and decide cases better than “specialists.”
Judicial Bias: Specialist judges may be advocates and biased in
favor of environmental protection, not balanced and
comprehensive in their analysis.
Judicial Activism: An ECT will encourage the judges to overstep
their judicial authority and act like legislators and policy makers.
19. Opponents of specialization in general and
ECTs in particular raise “con” arguments
Training Gap: Not enough judges or lawyers exist with the
needed expertise.
Judicial Careers: The narrow focus will be a “dead end” for
a judge’s career.
Inferior” Courts: Risk of creating a court with lower status
than the general courts and “lesser” judges with
consequently less power
20. Function of ECTs: ECTs can be designed to:
promote the environmental rule of law at the national level and international
levels and ensure equal access to justice (SDG target 16.3)
develop more effective, accountable and transparent institutions at all levels
(SDG target 16.6)
ensure responsive, inclusive, participatory and representative decision-
making at all levels (SDG target 16.7)
ensure public access to information and protect fundamental freedoms, in
accordance with national legislation and international agreements (SDG
target 16.10) and
especially promote and enforce non-discriminatory laws and policies for
sustainable development (SDG target 16.b).
21. Type of Forums
ECTs can be either courts (judicial branch) or
tribunals (executive or ministerial branch), both
reflecting the social, economic and environmental
characteristics of the host nation.
ECTs’ existence, jurisdiction, powers, budget,
accountability mechanisms, etc., may be
defined by (1) legislation, (2) rules of their parent
branch of government, or (3) the ECTs’
own rules.
22. Environmental Courts
1. OPERATIONALLY INDEPENDENT EC (separate, fully or largely
independent environmental court)
2. DECISIONALLY INDEPENDENT EC (within a general court, but
separate and free to make its own rules, procedures, and decisions)
3. MIX OF LAW-TRAINED AND SCIENCE-TRAINED JUDGES (may
be either model 1 or 2 above with the 2 types of judges sharing
decision making)
4. GENERAL COURT “DESIGNATED” JUDGES (assigned
environmental cases in addition to their regular docket, often without
necessary interest, expertise or training)
5. ENVIRONMENTAL LAW-TRAINED JUDGES (who may or may not
therefore be assigned environmental law cases from time to time).
23. Environmental Tribunals
1. OPERATIONALLY INDEPENDENT ET (separate, fully or
largely independent environmental tribunal)
2. DECISIONALLY INDEPENDENT ET (under another
agency’s supervision, but not the one whose decisions
they review)
3. CAPTIVE ET (within the control of the agency whose
decisions they review)
26. Objectives of Environment Court Act, 2010
Speed up justice against environmental offences
Setting up, jurisdiction and working module of of Environmental Courts
(sections 4, 7, 14)
Setting up, jurisdiction and working module of Special Magistrate Courts
(sections 5, 6, 9, 10)
Investigation into Environmental Offences (section 12)
Appeal (sections 19 and 20)
Settlement of Disputes: ADR (section 18)
Who files the cases/complaints? (DG/ authorized officer –Section 6 (1);
written report of Inspectors-sections 6 (3); 7 (4); individuals )
27. Special Magistrate Court
Section 5: One in each district; Metropolitan
Magistrate/1st class Judicial Magistrate
Sections 6 and 9: Directly in the SMC or Filing of
GD in Police Station (1); offences that can be
penalized with 5 years imprisonment or fine of taka
5 lakh or both
Section 10: Process for trial (180+90 days)
28. Environment Court Act, 2010
• Section 4 - Establishment of Environment Courts
One in each district
One Joint District Judge
Trial of offences under the ECA and any other law specified by the government for
the purposes of this law
Trial of cases referred to it by the SMC
(presently 3 such courts functioning in Dhaka, Chittagong and Sylhet)
Compensation suits to be filed directly at the ECs
• Section 7 - Jurisdiction of Environment Court - impose penalty; confiscate equipment,
transport or article; pass order or decree for compensation; issue direction not to do the act
or to make omission; issue direction to take preventive or remedial measures
• Section 14 - Powers and functions of Environment Court
• Provisions of CrPC (section 14 (1)) and CPC (section 14 (6))
• Total days: 180+ 90 days
29. Ambit of Power (Definition : Section 2)
BECA, 1995
BECR, 1997
ECA, 2010
31. Environment Case No. 4 of 2003
• Sirajul Islam and Md. Nazrul violated Sec 6A of
BECA by the way of storing and selling banned
polythene bags
32. Environment Court Act, 2000
Sec: 7 Procedure for investigation
(1) An offence under an environmental law shall ordinarily be investigated by an
Inspector, but the Director General may, by a general or special order, authorize
any other officer subordinate to him to investigate any particular kind of offences
or a specified offence.
(2) The said Inspector or other officer, hereinafter referred to as the investigating
officer, shall on the basis of a written complaint or other information, initiate
proceedings under this section after obtaining approval of the officer authorized in
this behalf by the Director General.
33. Sec: 7
Procedure for investigation
(3) The investigating officer shall, before initiating a formal investigation of an
offence, inquire into and collect information about the offence, prepare a
preliminary report thereon and present it to a higher 3 officer authorized by the
Director General in this behalf, and the officer secondly mentioned shall, upon
consideration of the relevant facts and circumstances, give his decision within 7
(seven) days as to whether a formal investigation may be initiated or whether no
action at all is necessary, and accordingly next actions shall be taken.
34. Sec: 7
Procedure for investigation
(4) If a decision is taken to initiate a formal investigation under subsection
(3), the investigating officer shall present the said preliminary report to the
concerned police station, and it shall be recorded in the police station as a
first information report or ejahar of the offence and thereafter the said
investigating officer or, as the case may be, another officer authorized by
the Director General shall conduct the investigation.
(5) The investigating officer while investigating an offence shall, in relation
to that offence, be competent to exercise the same powers as an officer in
charge of a police station and he shall, subject to this Act and the rules,
follow the Criminal Procedure Code.
35. Sec: 7
Procedure for investigation
(6) Any statement recorded, any article seized, any sample or other information
collected at the inquiry stage held before formal investigation may be considered
and used for the purpose of investigation.
(7) The investigating officer shall, after completion of the investigation, obtain the
approval of an officer authorized by the Director General in this behalf and submit
one copy of the investigation report and the original or attested copies of the
supporting documents directly to the environment court or as the case may be to a
Special Magistrate if the case is triable by such Magistrate, and shall also keep one
copy at his office and present another copy to the police station; and such report
shall be deemed to be a police report under section 173 of Criminal Procedure
Code.
36. Sec: 7
Procedure for investigation
(8) Notwithstanding the provisions of sub-section (3), where the investigating
officer has reasons to believe that any document, article or equipment involved
with an offence is likely to be removed or destroyed, he may, even before a
decision for formal investigation, seize the document, article or equipment, and if
the investigator has reasons to believe that the offender is likely to abscond, he
may also arrest the offender.
37. Sec: 4
Establishment of Environment Courts
(1) For carrying out the purposes of this Act, the Government shall, by notification in the official
Gazette, establish one or more Environment Court in each Division.
(2) An Environment Court shall be constituted with one judge and, in consultation with the
Supreme Court, the Government shall-
(a) appoint an officer of the judicial service of the rank of Joint District Judge, and such Judge shall
dispose of cases only under environmental laws; and
(b) if it considers necessary, appoint a judge of the rank of Joint District Judge for a Division or a
specified part thereof to act as the judge of an Environment Court in addition to his ordinary functions,
and the said judge shall, in addition to his ordinary functions, dispose of the cases that fall within the
jurisdiction of an Environment Court.]
38. Sec: 4
Establishment of Environment Courts
(3) Each Environment Court shall have its seat at the Divisional Headquarter;
however, the Government, if it considers necessary, may, by general or specific
order published in the official Gazette, specify places outside the Divisional
Headquarter where the court can hold its sittings.
(4) If more than one Environment Court are established in any Division, the
Government shall, by notification in the official Gazette, specify the territorial
jurisdiction of each such Court.
39. Sec 561A
Saving of inherent power of High Court Division
Nothing in this Code shall be deemed to limit or affect the inherent power of the
High Court Division to make such orders as may be necessary to give effect to any
order under this Code, or to prevent abuse of the process of any Court or
otherwise to secure the ends of justice.
40. Sec: 5A
Penalty for violating court’s order
If a person –
(a) violates a direction issued under clause (a) of section 5(2) by repeating or
continuing the offence for the commission of which he has been sentenced, he
shall be liable to be sentenced with the penalty prescribed for that offence,
provided such penalty shall not be less than the one imposed on him at the
time of issuance of the direction;
(b) violates a direction issued under clause (b) or (c) of section 5(2), the violation
shall be an independent offence for which he shall be liable to be sentenced to
an imprisonment not exceeding 3 (three) years or to a fine not exceeding 3
(three) lac taka or to both.
41. Sec: 5C
Trial procedure in Special Magistrate’s Court
(1) No Special Magistrate shall take cognizance of an
offence except on a written report of an Inspector :
Provided that, if authorized by the Director General in
relation to the institution of a particular kind of case triable
by such Magistrate, an Inspector may present a report on
such offence directly to the Magistrate without following the
procedure prescribed in section 7.
42. Sec: 5C
Trial procedure in Special Magistrate’s Court
(2) A Special Magistrate appointed under this Act shall
follow the procedure for summary trial as prescribed in the
Criminal Procedure Code.
(3) A case triable by the court of a Special Magistrate shall
be conducted by an Assistant Public Prosecutor or a police
officer specified by the Government or an Inspector of the
Department of Environment on behalf of the State.
44. Can S.I. of Police be considered an
Inspector?
45. Implementation of Environment Court Act
These courts are sitting idle due to lack of
environment law related cases.
According to Court sources it only received four cases
in early 2017 and 54 in the preceding five years and
the number of cases filed from 2007-11 was 276.
Only seven cases, of which two of Dhaka Divisional
Court and five of Chittagong divisional court are
pending with the appellate court for hearing.
46. Reasons for Poor Performance?
• Lack of Leadership strength
• Low Public demand – necessary to support the
process and educate the community
• Lack of Political support
• Judiciary support and ownership – opposition
of the existing judiciary to specialization can kill
efforts or result in authorization but no
establishment (an ABNE)
47. Reasons for Poor Performance?
Budget – a dedicated budget is necessary, even for
minimalist models
Opposition arguments – powerful opposition from the
judiciary, the administration and business interests can
torpedo ECT creation
Changing the status quo – there may be a need first to
modify existing institutional and environmental laws and
regulations if they are weak or create significant barriers
48. Reasons for Poor Performance?
• Inadequate or corrupt enforcement agencies –
without effective enforcement agencies, an ECT may
be powerless
• Lack of environmentally trained judges and decision
makers – it is preferable for all initial appointees to be
environmentally knowledgeable
• Lack of environmentally trained attorneys – without a
base of environmental lawyers the ECT may not get
cases or have them presented well
49. Reasons for Poor Performance?
Inadequate judicial training capacity – judicial education is
needed, through a judicial training academy, university,
IGO or NGO with environmental education expertise and
commitment
•Literacy of the affected population – community education
and awareness is the cornerstone of an effective ECT and
an important element to develop in the planning process.
50. Reasons for Poor Performance?
Jurisdictional error: lack of integrated jurisdictions
over the laws pari materia and insufficient penal
policy under Section 15 of the Environment
Conservation Act 1995.
No priority by judges
Non-cooperation of the DoE
Technical experts not allocated
No swift procedure
Lack of skill from Special Public Prosecutors