A case for PIL against municipalities

The negligence of municipalities in proper management of roads, drainage, water, and waste management is a cause for significant concern. In rainy seasons, even the slightest of raining causes flooding. The waste-disposal measures are inadequate and cause severe hindrance to movement and livelihood of residents of many municipalities of Bangladesh. Potholes and broken roads contribute to road accidents. Even though residents pay bills and taxes to the local government bodies for their services, they frequently have to bear the brunt of poor management in the municipalities. The local government laws clearly outline the responsibilities of the municipalities. Section 50 of the Local Government (Municipalities) Act, 2009 lays down the general duties and responsibilities of the municipalities which include water and sewage system management, and waste disposal. As such, failure to properly manage these systems are contradictory to their statutory responsibilities. This article explores whether PIL can be a useful tool in holding municipalities accountable for failure to perform their statutory responsibilities.

A public interest litigation (PIL) is when individuals or groups move the High Court Division on behalf of the public. PIL in Bangladesh has addressed a wide range of human rights concerns including police brutality, unlawful imprisonment, consumer protection, health rights as well as the rights of children, women, and other sections of minority.

The early foundations of PIL are attributed to the Kazi Mukhlesur Rahman v Bangladesh case in which the court explored the possibility of violations of fundamental right affecting the general public. Later, it found its foothold in the landmark decision delivered by the Appellate Division in Dr. Mohiuddin Farooque v Bangladesh, where the court made a much-anticipated declaration in stating that when "a public injury or public wrong or an infraction of fundamental right affecting an indeterminate number of people is involved...any member of the public, being a citizen...or an indigenous association...has the right to invoke the court's jurisdiction." Over the years the ambit of PIL has only expanded in the context of Bangladesh. Besides on the application of one who is aggrieved, the court can also go on to redress mass constitutional grievances suo motu upon taking constructive notice of rights violation.  

PIL has many positive aspects, such as ensuring judicial protection for the marginalised groups, ensuring government accountability and transparency, addressing democracy deficits, fostering judicial institution efficiency, enabling defused interests' representation, ensuring access to justice, fostering participatory justice, enforcing legal norms, and defending democratic governance and the rule of law. As such, PIL may be utilised to initiate proceedings against public bodies in instances where they derogate from their statutory responsibilities or act in contravention to the same. However, in this regard, it is also necessary that the judgments of the court are monitored while getting implemented. Rolling or continuing mandamus (i.e., in which the court continues to oversee the implementation of its judgments) could be a way forward in this regard.

Municipalities and other local governments lack the appropriate capacity, resources or authority needed to adequately perform their functions. This is evident from poor road conditions, drainage systems, and water and waste mismanagement issues across the country. The inadequacies of municipalities have the potential of decreasing the positive impacts sought to be brought about through development initiatives of the government. It is high time judicial redress were explored to ensure increased accountability of the local governments.

The writer is an Advocate, District & Sessions Judge Court, Dhaka.