Implementation of laws combating air pollution

Dhaka has consistently been identified as having one of the highest degrees of air pollution. Large amount of emission from motorised vehicles coupled with unplanned urbanisation and deforestation are the leading reasons for air pollution.

Within the legal framework of Bangladesh, the concept of air pollution is not bereft of its deserved attention. The Bangladesh Environment Conservation Act, 1995 not only acknowledges air pollution but also provides certain provisions to combat it. Some restrictions have been imposed on the operation of motorised vehicles and manufacturing of objects that are injurious to the environment through sections 6 and 6(Ka) of the Act respectively. Section 9 requires those who are responsible for the discharge of any environmental pollutant in excess of the prescribed limit to take measures to control or mitigate such pollution. Environmental Clearance Certificate (ECC) as enunciated in section 12 also has a crucial prospect in mitigating the adverse impact likely to generate from the industrial projects. Apart from these, other provisions of the 1995 Act also have indirect implications in controlling air pollution as all the elements of the environment are intertwined. 

In line with the global trend of keeping the environment at the centre of attention, the Air Pollution Control Rules, 2022 has recently been passed. Though many environmental organisations expected a dedicated and separate act for combating air pollution, the Rules of 2022 was introduced instead. It has detailed the provisions focusing on the aim to control, prevent, and reduce air pollution. The Director General (DG) of the Department of Environment (DoE) has been conferred with certain responsibilities for the purpose of giving effect to the Rules of 2022. Rule 4 empowers the DG to formulate a scheme of national air quality management in order to reduce and control air pollution. As per Rule 5, the DG is also vested with the power to announce a certain area as a 'Degraded Air Shed' when the air quality of the same exceeds the prescribed limits and the air thereof becomes severely polluted. To effectuate the Rules of 2022, the DG can catalogue the activities responsible for air pollution under Rule 6. Besides, some categories have also been made based on the sources of pollution i.e., industries, vehicles, construction projects, and garbage.

Rule 15 establishes a committee comprising all the concerned personnel from concerned ministries, organisations, and institutions for giving directions, advices, and recommendations regarding air pollution management. Non-compliance with the provisions of the Rules of 2022 will invoke the punishment of a fine of up to 2 lacs and imprisonment of up to 2 years. The most innovative provision is envisaged in Rule 16 which allows the government to award any person or institution that contributes to controlling and protecting air quality. Moreover, different departments of government and organisations including the DoE, local government, and others are directed to cooperate with one another to maintain air quality and prevent air pollution.

Though the Rules of 2022 envisions a healthy environment, only its proper implementation can guarantee the same. If the state fails to reduce air pollution, that is in fact the harbinger of its failure to ensure the healthy right to life. Hence, all the sectors of the states should remain poised to give their best effort for implementing the 1995 Act, the Rules of 2022 along with the relevant provisions of the Constitution to reap the best benefit therefrom.

The Writer is a Graduate from the Department of Law, University of Dhaka.