Indian Journal of Law and Legal Research Volume III Issue II | ISSN: 2582-8878

THE FAILURE OF EXISTING ENVIRONMENTAL LAWS IN

PREVENTING THE TRANSFORMATION OF
FORESTLANDS INTO COMMERCIAL, RESIDENTIAL AND
AGRICULTURAL LANDS IN BANGLADESH: WAY OUT

Shoud Bin Alam1 Amina Sarwar2

ABSTRACT

In order to ensure the sustainability of human beings the necessity of natural

resources is mandatory. Bangladesh is comparatively a small but naturally
enriched country. One of the most important natural resources of this country
is its forestlands. But due to mismanagement and failure to implement the
existing environmental laws a large portion of these forestlands are either
diminished or grabbed and transformed into commercial, residential or
agricultural lands. This study concentrates at finding out the actual reasons
behind such transformation and tries to suggest some functional legal ways
to decrease the destruction and illegal transformation of the forestlands of
Bangladesh. Another important objective of this research is to find out the
role played by the government in preserving the forestlands of Bangladesh.

Keywords: Forestlands, transformation, environmental laws, natural

resource, enforcement

Date of Submission: 02.10.2021

Date of Acceptance: 10.12.2021

Date of Publishsing: 05.01.2022

1
Lecturer, Department of Land Record and Transformation, Patuakhali Science and Technology University,
Bangladesh.
Email: shoudbinalam@pstu.ac.bd
2
LL.B. (HONS.); LL.M. (Masters); Department of Law, Islamic University, Bangladesh.

1
Indian Journal of Law and Legal Research Volume III Issue II | ISSN: 2582-8878

1. Introduction

Earth is known to be the only planet having the ability to shelter life. But this shelter has not
been uninterrupted. Paleontologists have given enough evidence of at least five major
extinctions.3 But none of those extinctions were the result of the activities done by the extinct
themselves. Unfortunately, the sixth is going to be a self-destructive one. The 4.5-billion-year-
old earth has changed its forms various times due to natural calamities. 4 But never has it ever
changed as much as it has, in the last century. Thousands of acres of forests have been cut down
with a view to inhabiting the rapidly growing population, rivers have been blocked to build
infrastructures, millions of industries have been established causing the emission of Carbon
and Sulphur Dioxide (SO2), which has an absolute devastating effect on the environment
mainly on the global temperature. These elements work as the main catalysts affecting the
ozone layer and as a result melting the polar icebergs which lead to the rising of sea water
levels around the world. Almost all the countries around the globe have their own laws
regarding the conservation of the environment. But lack of implementation of these laws have
made them mere decorative instruments. On the other hand, the powerful nations have been
ignoring the deterioration of the nature ever since the industrial revolution. Their unhealthy
competition is making the earth more and more vulnerable every single moment. Specially the
coastal areas of the world have become the victim of such natural degradation. Bangladesh is
the largest delta of the world which is situated in South-Asia. In order to keep up its pace with
the rapidly changing situation of the nature Bangladesh has also enacted some laws to conserve
its nature and make some guidelines as to the ways in which its natural resources can be used.
But despite the existence of these laws the rate of degradation of the nature is increasing day
by day in this country. In Bangladesh the main reason behind such failure to conserve the nature
is the incapability of the concerned authority to implement the provisions of these laws. The
government of this country has failed to create awareness among the subjects about the
importance of the conservation of the environment. Moreover, the law enforcement authorities
of this country have gained very little success in establishing proper rule of law regarding the
implementation of the environmental laws. As the situation is getting rampant all over the
world it is time Bangladesh took necessary steps to ensure its own safety by making its residents
follow the rules embodied in various environmental laws through proper administration.

3
Gould, S.J. (October 1994). "The Evolution of Life on Earth". Scientific American. 271 (4): 84–91.
Bibcode:1994SciAm.271d..84G. doi:10.1038/scientificamerican1094-84. PMID 7939569
4
"Age of the Earth". U.S. Geological Survey. 1997. Retrieved on 02/05/2021.

2
Indian Journal of Law and Legal Research Volume III Issue II | ISSN: 2582-8878

2. Violation of the Forest Act of 1927 in Bangladesh and Its Effects on the Forestlands

Bangladesh is a coastal tropical country which is at the peril of natural disaster all the times.
Although in order to keep ecological balance of the nature 25% of the total area of a country
must be covered with forests/plants Bangladesh only have 17%5. Moreover, this is the opinion
of the govt from which the UNESCO differs. According to UNESCO only 10 % of this country
have woodlands. In spite of this, more and more trees are being cut down every day. Although
Bangladesh, a relatively small country only containing the area of 147570 Square Kilometer,
is the place where world’s largest mangrove forest is situated6. Besides, keeping this coastal
country safe from natural hazards like SIDR it is also the safehouse of an enormous amount of
carbon. In 2009-10 the IPAC located 150 Carbon Inventory plots in the Sundarbans and created
a map regarding it. Five pools were selected and various officials were trained to determine the
amount of carbon in the Sundarbans.

The 5 carbon pools are:

1. Trees above ground

2. Trees below ground
3. Seedling and Sapling
4. Non-tree vegetation
5. Soil
6. Down wood.

The amount of carbon found in the Sundarbans are as following7

a. Total area- 411639 Hector

b. Average density of carbon (Mega gram/hector)- 256.6±17
c. Total amount of carbon- 105.6 Megaton.
d. Total amount of Co2- 387.7 Megaton.

5
By Ahm Ali Reza and Md. Kamrul Hasan. (november 4 2019). Forest Biodiversity and Deforestation in
Bangladesh: The Latest Update. Life Science. Retrieved July 30, 2021, from
https://www.intechopen.com/chapters/68528
6
"South Asia :: Bangladesh — The World Factbook – Central Intelligence Agency". www.cia.gov
7
M. R., Khan, N. I., & F. H. (April 2015). Carbon Stock in the Sundarbans Mangrove Forest: Spatial
Variations in Vegetation Types and Salinity Zones, 269-283. Retrieved June 02, 2021, from
https://www.researchgate.net/publication/280315547_Carbon_stock_in_the_Sundarbans_mangrove_forest_spati
al_variations_in_vegetation_types_and_salinity_zones.

3
Indian Journal of Law and Legal Research Volume III Issue II | ISSN: 2582-8878

That means Bangladesh is an enormous depot of carbon despite being a relatively small state.
The Government of Bangladesh, despite being the governing body for the conservation of the
Sundarbans in Bangladesh portion have utterly failed to keep it at its former shape. The main
reason behind this failure is the lack of implementation of the countries existing Environmental
laws and the Forest Act of 1927. According to the provisions enumerated in the Forest Act of
19278:

1. Any person who in a reserved forest:

a. kindles, keeps or carries any fire except in such seasons as the forest officer may notify in
this behalf
b. trespasses or pastures cattle or allows cattle to trespass
c. causes any damage by negligence in felling any tree or dragging any timber
d. quarries stone, burns lime or charcoal or collects, subject to any manufacturing process or
removes, any forest produce other than timber; shall be punishable with imprisonment for a
term which may extend to Six months and shall also be liable to fine which may extend to Two
Thousand Taka, in addition to such compensation for damage done to the forest as the
convicting court may direct to be paid.

(1A) Any person who:

a. make any fresh clearing prohibited by section 5;or

b. removes any timber from any reserved forest; or
c. sets fire to any reserve forest, or in contravention of any rules made by the Government in
this behalf, kindles any fire or leaves any fire burning, in such manner as to endanger such a
forest; or who in a reserved forest
d. fells, girdles, lops, taps or burns any tree or strips off the bark or leaves from or otherwise
damages the same; or
e. clears or breaks up any land for cultivation or any other purpose; or
f. in contravention of any rule made by the Government in this behalf, hunts, shoots, fishes,
poisons water or sets traps or snares; or
g. establishes saw-pits or saw-benches or converts trees into timbers without lawful authority,
shall be punished with imprisonment for a term which may extend to Five years and shall not

8
Section 26 of Act No XVI of 1927

4
Indian Journal of Law and Legal Research Volume III Issue II | ISSN: 2582-8878

be less than Six months and shall also be liable to fine which may extend to Fifty thousand
Taka and shall not be less than Five thousand Taka, in addition to such compensation for
damage done to the forest as the convicting court may direct to be paid.
But this provision has not been implemented properly all these years. Because the reality check
shows us that there are laws for preventing the drastic actions against the environment but the
deterioration has never been slowed down. Moreover, the cutting down of these forests have
great impact on the atmosphere. These Carbon particles are being released from their vaults,
which undoubtedly are the vegetations and are damaging the earths protecting layers gradually,
leading towards a catastrophic situation where the existence of the human race along with other
living creatures of the earth are at peril. The total area of the Sundarbans is almost 10000sq.
km and Bangladesh holds 6017 sq. km of it.9 Although the Forest Act of 1927 contains the
rules regarding the conservation of the forests of Bangladesh, the failure has been severe. Large
portion of the forests of Bangladesh have been erased in the last century. Although an
individual forest range was established in 1993 for the conservation of the Sundarbans, the
UNESCO World Heritage Site is losing its area day by day. In 1959, the growing stock in
Sundarbans was 20.3 million m3, but in the year 1983 the number reduced to 13.2 million m3.
In 1996 the growing stock was 10.9 million m3 only. 10That means the forest is getting shrunk
every single day. Again in 1959 Sundarbans contained 296 trees of all species per hectare and
211 Sundari and 61 Gewa trees per hectare. Afterwards in 1983 the number decreased to
180,125 and 35 per hectare. Later in 1996 the number was even less. For instance, 144 trees of
all species,106 Sundari and 20 Gewa trees per hectare.11 On the other hand, the forests situated
in the Chittagong hill tracts and the forests located in Bhawal and Madhupur are also
diminishing day by day. Once the whole area of the Chittagong hill tracts was covered in deep
forest. But now the total area is roughly 25% of the 13500 sq kilometer sized hill tracts. This
valuable natural forest is also under great threat despite having the Forest Act of 1927. One of
the reasons behind its destruction is the lack of implementation of the existing Forest Act by

9
Pani, D. R.; Sarangi, S. K.; Subudhi, H. N.; Misra, R. C.; Bhandari, D. C. (2013). "Exploration, evaluation and
conservation of salt tolerant rice genetic resources from Sundarbans region of West Bengal" (PDF). Journal of
the Indian Society of Coastal Agricultural Research. 30 (1): 45–53.
10
Aziz.Abdul. (July 2015). Bangladesh Sundarbans: Present Status of the Environment and
Biota. Diversity, 242-269. Retrieved June 06, 2021, from
https://www.researchgate.net/publication/281889734_Bangladesh_Sundarbans_Present_Status_of_the_Environ
ment_and_Biota.
11
Aziz.Abdul. (July 2015). Bangladesh Sundarbans: Present Status of the Environment and
Biota. Diversity, 242-269. Retrieved June 06, 2021, from
https://www.researchgate.net/publication/281889734_Bangladesh_Sundarbans_Present_Status_of_the_Environ
ment_and_Biota.

5
Indian Journal of Law and Legal Research Volume III Issue II | ISSN: 2582-8878

the concerned authority of Bangladesh.

3. The Government’s Failure in Implementing the Existing Environmental Conservation

Acts of Bangladesh

Bangladesh is a small but naturally blessed country. It is enriched with the largest mangrove
forest in the world as well as with hundreds of rivers, natural reservoirs and hills. But these
resources have not been duly protected by the concerned authority. As a result, every year we
are losing a large portion of our natural asset and many of us are falling victim to its negative
effects. Although in 1995, the Environment Conservation Act has been passed with a view to
saving the natural resources of Bangladesh from being destroyed, the result is still pretty much
hopeless. One of the main reasons behind such failure is the lack of efficiency shown by the
Government in implementing the provisions of this Act while necessary. Moreover, the
Government has in some occasions taken steps which are without any doubt harmful to nature.
With the passing of time industrial revolution has become inevitable for an economically rising
country like Bangladesh. More and more lands are necessary for building these industrial
infrastructures. The Government has not managed to keep these industries away from the
ecologically critical areas. In order to protect natural heritages worldwide in 1971 the
RAMSAR convention and in 1972 the World Heritage conventions were adopted.12
Bangladesh, along with many other states remains a signatory state to these conventions.
Besides these international conventions there are some domestic enactments in Bangladesh
such as the Environmental Conservation Act of 199513, the Environmental Conservation Rules
of 199714 as well as the Constitution of Bangladesh which aim at conserving the Ecologically
Critical Areas. According to Section-5 of the Environmental Conservation Act of 1995- the
Government shall declare such areas as ecologically critical which it may deem fit. This
legislation also provides that the Government shall point out the activities which cannot be
performed in such areas. Accordingly in 1999 the Government declared 8 areas as ECA's and
Sundarbans was among them.15 But in the next two decades the rapid deterioration of this
unique natural phenomena shows the lack of care taken by the concerned authority to protect
its existence. Moreover, Section 3 of the Environmental Conservation Rules of 1997 provides

12
Dr. MA Bashar. (2012, April 07). RAMSAR Convention: Our Obligation. The Daily Star. Retrieved June 08,
2021, from https://www.thedailystar.net/news-detail-229289
13
Act No. 1 of 1995
14
S.R.O No. 197-Law/97
15
Arif Ahmed. (2017, June 06). Conservation of ECAs. The Daily Star. Retrieved June 08, 2021, from
https://www.thedailystar.net/law-our-rights/conservation-ecas-1415971

6
Indian Journal of Law and Legal Research Volume III Issue II | ISSN: 2582-8878

that the Government shall take some matters into consideration while declaring any particular
site as Ecologically Critical Area. As per this rule the considerable factors are (a) human
habitat; (b) ancient monument; (c) archeological site; (d) forest sanctuary; (e) national park; (f)
game reserve; (g) wild animals’ habitat; (h) wetland; (i) mangrove; (j) forest area and (k) bio-
diversity of the relevant area. So, it is apparent that the Sundarbans have been declared as ECA
because it fulfils the requirements to be so. Despite having a direct and humongous effect on
the climate, protection of the Sundarbans has been neglected by the government. Because the
conservation of this natural resource has not been an entirely successful attempt and with the
passing of each year this mangrove forest is getting tarnished. On the other hand, the largest
forest of Bangladesh, known as the Chittagong Hill Tracts Forest is also taken for granted by
the concerned authority. Apart from the national parks and reserved sanctuaries of this area the
land grabbing and illegal construction has been going on for the last few decades. Although
environment courts have been established in this area the crimes regarding the forest namely
deforestation, poaching, illegal timber exporting etc. have not reduced at all. Rather the rate of
transforming the forestlands into commercial and residential lands have increased at an
alarming rate. In spite of having a complete Forest Act the government of Bangladesh has
completely failed to establish fair practice of land and other resources usage in this forest.
Moreover, Section 6 of the Environmental Conservation Act of 1995 has stated that no hill can
be razed by any private individual without acquiring a prior permission from the government.
But unfortunately, this rule has been turned into a complete decorative piece by the
incompetency of the government organizations namely the Department of Environment and
the law-and-order agencies of Bangladesh. One of the most important reasons behind such
incompetency is the corrupt nature of the concerned authority as well as the lack of efficiency
of the law-and-order agencies. Moreover, the forestlands are declared protected by these
Environment Conservation Acts16. Despite this declaration the government has not been able
to stop the corrupt officials and individuals from grabbing and misusing this forestland and
transform them into other categories of lands for commercial or residential purposes.

4. Detrimental Establishments and Projects Built by the Government and Individuals

Which are Against the General Principles of Environmental Laws

According to the domestic laws of Bangladesh the Department of Environment has the
authority to decide which acts can be initiated or carried on in any Ecologically Critical Area.

16
Section 5 of Act No. 1 of 1995

7
Indian Journal of Law and Legal Research Volume III Issue II | ISSN: 2582-8878

But many development projects have been taken by the government itself in these areas and
the Department of Environment (DoE) has played a very questionable role to stop these
projects. So, the DoE being a part of the government is not sufficient to protect and conserve
the environment of Bangladesh. A high-power autonomous environmental commission should
be formed by the state. If we observe the recent activities of the Government, we shall find that
only financial benefit has been taken into consideration. Although environment is far more
important issue in the eyes of the international organizations it has not been given preference
by our government. Such ignorance towards the conservation of the environment is evident by
many development projects either initiated or permitted by the government in the forest lands
and naturally enriched areas. Some illustrations will help us understand the current situation.

Case Study 1:

One of the most controversial development projects the Rampal Coal Power Plant can be
mentioned here. It is a 1320-megawatt coal fired power station which is being constructed at
Rampal Upazila of Bagerhat District. This power station is considered to be the largest power
plant in Bangladesh. It is situated less than 14-kilometer North of the Sundarbans.17 Although
many protests were conducted against the construction of this power plant the Department of
Environment (DoE) gave permission to carry on the erection of this project in 2013. This shows
the lack of effectiveness of the government organizations in case of any arbitrary decision made
by the government itself. On the other hand, after some days the Department of Environment
(DoE) revised its decision regarding the construction of this power plant and set fifty
preconditions for the completion of this project. But sadly, one of the basic conditions
regarding the distance of the construction site from the Sundarbans was violated by the
government. Although the Department of Environment directed that the power plant must be
outside 25-kilometer radius from the outer periphery of any Ecologically Critical Area (ECA)
the government neglected such direction and built it within a 14- kilometer radius.18 So, prima-
facie we can say that government didn’t follow the directions given to it by the Department of
Environment (DoE) willingly and the Department took no legal step to make the directions
binding upon the government. According to a study conducted by the Greenpeace- almost 5

17
Mahbubul Alam (Ed.). (2011, March 8). Indo-Bangla joint company for power import. The Independent.
Retrieved June 10, 2021, from
https://web.archive.org/web/20110310061357/http:/www.theindependentbd.com/paper-edition/frontpage/129-
frontpage/37807-indo-bangla-joint-company-for-power-import.htm
18
Shah Husain Imam (Ed.). (2013, September 7). "DoE changes stance on Rampal power plant". The Financial
Express. Retrieved June 11, 2021, from https://thefinancialexpress.com.bd/

8
Indian Journal of Law and Legal Research Volume III Issue II | ISSN: 2582-8878

million tons of coal will be burnt in the Rampal Power Plant every year and it will be one of
the largest sources of air pollution in Bangladesh. This study also claims that this power plant
will be the cause of at least 6000 premature deaths and 24000 low birth weights of babies
during its 40-year life.19 As per this research, not only the human health but also the flora and
fauna of this environmental jewel will be affected. During a presentation made at a press
conference organized by National Committee to Protect the Sundarbans (NCPS), Bangladesh
Paribesh Andolan (BAPA) and Doctors for Health and Environment (DHE) it was shown that
the emission of Sulphur Dioxide, Nitrogen Dioxide and other dangerous particles will be
increased at an alarming rate specially in the Sundarbans region and the South-West part of
Bangladesh. In spite of these claims of several Green Organizations the response made by the
government is inadequate. Rather it says that this power plant is essential and will not be
harmful to the environment. But this claim has been denied by Greenpeace which
counterclaims that the rate of Sulphur Dioxide in the air of this area will be increased by almost
50% and the emission levels of Sulphur Dioxide and Nitrogen Dioxide mentioned in the tender
documents are at least 5-10 times higher than the usual rate20. Educationalist Dr. Anu
Muhammad and politician Manisha Chakraborty also opposed this project by declaring that
almost 40 million people will either directly or indirectly be affected. Despite all these
approaches the government has turned blind eyes towards the facts and is adamant to complete
this project.

Case Study 2

Another valuable natural resource of Bangladesh is the hill tracts and the forest situated there.
But this natural asset is also under great threat due to the degradation caused by various
activities of the government as well as many individuals. The Chittagong Hill Tracts region is
a unique geographical and cultural landscape of Bangladesh. In this region Kaptai National
Park, Lawachara National Park, Medhakacchapia National Park and many other natural
resources are situated. The total area of Chittagong Hill Tracts is approximately 13184 km2.21
Khagrachari, Rangamati and Bandarban district is within the limit of this area. In this area the
total amount of land necessary for the inhabitation of the local people is approximately 124000

19
Correspondent Reporter. (2017, May 6). Rampal Plant Pollution Impact: Greenpeace study shows grim
picture. The Daily Star. Retrieved June 15, 2021, from https://www.thedailystar.net/frontpage/6000-premature-
deaths-40yrs-1401421
20
Correspondent Reporter. (2017, May 6). Rampal Plant Pollution Impact: Greenpeace study shows grim
picture. The Daily Star. Retrieved June 15, 2021, from https://www.thedailystar.net/frontpage/6000-premature-
deaths-40yrs-1401421
21
Ministry of Chittagong Hill Tracts Affairs http://www.mochta.gov.bd/ Retrieved on 30 June 2021

9
Indian Journal of Law and Legal Research Volume III Issue II | ISSN: 2582-8878

ha. But currently only 928000 ha land is available.22 In calculating the total volume available
land, the reserved forests have been excluded. But this is very unfortunate. Because since the
time immemorial the hill tracts have been a safe harbor for the different indigenous community
of this region. But the growing commercial value of these lands have drawn the attention of
many people. Different types of resorts, hotels and motels have been built here in the last few
decades. The number of tourists has increased in this area with the development of the roads
and highways of Bangladesh. Although the revenue collected by the government is multiplying
day by day the environment of this area is also deteriorating with this increasing number. One
of the main reasons behind such disaster is the frequent violation of environmental laws of
Bangladesh. According to the provision incorporated in the Environment Conservation Act of
199523- No person is allowed to raze any hill without the prior permission given by the
government. But this provision is being violated by a group of dishonest rich people under the
protection of many political leaders. A recent example can be mentioned in this regard. In 2020
construction of the Marriot hotel and resort was initiated at Chandrapahar popularly known as
Chimbuk in Bandarban district.24 This construction was clearly against the existing
environmental laws of Bangladesh but the concerned authority took no step to uphold the
provisions enumerated in the environmental as well as other concerned laws of the state. The
resort is being built by the Sikder group against the free and prior consent of the local Mro
community. This establishment clearly violates the cultural norms acknowledged by the
constitution of Bangladesh. It also infringes the provisions enumerated in the Chittagong Hill
Tracts Regulation of 190025, the Bandarban Hill District Council Act of 198926 and the
Chittagong Hill Tracts Land Dispute Resolution Commission Act of 200127. Moreover, the
rules regarding the protection and conservation of the natural resources of Bangladesh are
completely overlooked by the builders of this project. Although private and profit-making
projects are not to be built under these laws, the government has not taken enough steps to stop
this private project. According to the local Mro habitants almost 1000 acres of jhum land were
seized by the resort authority while building this project. This project will destroy six Mro
villages as well as 70-116 villages will be indirectly harmed by it. As a result, around 10

22
Ministry of Chittagong Hill Tracts Affairs http://www.mochta.gov.bd/ Retrieved on 30 June 2021
23
Section 6 of Act No 1 of 1995
24
Sushmita S. Preetha. (2020, November 13). The bloody view from the resort in the hills. The Daily Star.
Retrieved July 4, 2021, from https://www.thedailystar.net/opinion/the-sound-and-the-fury/news/the-bloody-
view-the-resort-the-hills-1994037
25
Act No. 1 of 1900
26
The Bandarban Hill District Council was established on 6 March 1989
27
Act no 53 of 2001

10
Indian Journal of Law and Legal Research Volume III Issue II | ISSN: 2582-8878

thousand jhum cultivators will become landless. On the other hand, according to research
published in 2015, 1700 acres of land had been allotted for building tourist resorts. 28 In spite
of developing the economic condition of the local people most of these resorts are being built
without following the provisions incorporated in the CHT and other environmental laws. That
means the government has mostly failed to provide the safety to the environment of this area
as mentioned in the enactments of Bangladesh. Specially in the last decade the number of the
resorts in the Chittagong Hill Tracts Area has increased at a horrific rate. If the government
continues to overlook this problem and government officials don’t stop corruption regarding
this serious issue the eco-system and cultural variety of this area will be tarnished.

5. Transformation of the Forestlands into Commercial Establishments: An Analysis

Bangladesh is a small but naturally enriched country. Over 300 rivers flow across this country
carrying a huge amount of fertile land with them29. As a result, the land of this country is rich
and lush. Here natural resources like the world’s largest mangrove forest, the Chittagong hill
tracts forests and the Madhupur and Bhawal national parks are situated. These natural resources
combinedly cover almost 22000 sq kilometer. That means these natural forests provide a huge
amount of oxygen for the human beings as well as is a safe house for thousands of species of
plants and animals. These forests are the most important sources of timber, protein,
carbohydrate, medicine etc. Hundreds of thousands of people are directly or indirectly
dependent on these natural jewels. Enactments like the Environment Conservation Act of 1995,
the Environment Conservation Rules of 1997, the Environment Court Act of 201030, and the
Forest Act of 1927 have been made by the government of Bangladesh to preserve these natural
assets. But negligence and corruption done by both the public and private sectors regarding the
manner of usage of these forests have made the laws mere decorative legislations.

Firstly, the total area of the Sundarbans is roughly 6017 km2 today. But this forest used to be a
lot larger than it is today. In 1911 total area of the Sundarbans was about 16900 sq kilometer31.
It was stretched all the way from the Hooghly River to the Meghna River. In just about 100

28
Sushmita S. Preetha. (2020, November 13). The bloody view from the resort in the hills. The Daily Star.
Retrieved July 4, 2021, from https://www.thedailystar.net/opinion/the-sound-and-the-fury/news/the-bloody-
view-the-resort-the-hills-1994037
29
"Bangladesh Water Development Board | On Going Project". www.bwdb.gov.bd.
30
Act No 56 of 2010
31
UNDP (1998). Integrated resource development of the Sundarbans Reserved Forests, Bangladesh. Volume I
Project BGD/84/056, United Nations Development Programme, Food and Agriculture Organization of the
United Nations, Dhaka, The People's Republic of Bangladesh

11
Indian Journal of Law and Legal Research Volume III Issue II | ISSN: 2582-8878

years the misuse of this forest land by the immense population of this region has deteriorated
the forest along with its unique bio diversity. The main reason behind such destruction is lack
of implementation of the rules regarding the conservation of this forest. Due to the increasing
rate of population, people of this region are desperate to grow more food for their family. As a
result, they are razing the trees down in order to cultivate. This action has a great impact on the
forest as the growing population of this area are clearing the forest every day and the forest is
getting shrunk. The government should strongly monitor this fact and implement the
environmental laws in order to protect this natural phenomenon. The government should also
take effective measures to stop such cultivation in this forest land as it has already been declared
as an Ecologically Critical Area (ECA). On the other hand, salt water of this area is a very
important source of shrimp. Aquaculture and fisheries contribute 3.65% to the national GDP32.
A large portion of this amount come from exporting shrimp and lobster to the foreign countries.
The water reservoirs of this mangrove area are ideal for cultivating this valuable source of
protein. That is why a large number of people are getting themselves involved in this business.
While conducting this business very few of them are abiding by the rules provided in the
environmental laws of Bangladesh. The government of Bangladesh is also failing in making
the effort of protecting this natural resource by implementing the rules regarding the protection
of forests. Most of the times the government officials and politicians are involved in corruption
and get undue benefit from these projects. As a result, their prime concern is to serve their own
purpose rather than serving the purpose of the state. Hence the forestlands are being used to
fulfil financial benefit and transformed into commercial lands by destroying the forest itself.
On the other hand, many factories and government plants are being established inside the
forbidden radius of this mangrove forest. Therefore, the rapid deterioration of this forest is
made certain by the negligence and wrong steps taken by the government and the people of
this country.

Secondly, the Chittagong Hill Tracts contain the largest amount of greenery of Bangladesh.
Not only this region is rich with natural resources but also with cultural variety. The
government should be very careful to preserve and protect the area from any kind of
destruction. But the reality is different. The total area of this region is almost 13500 sq

32
Evans Asare. (January 2019). Fisheries management and governance in Bangladesh. Retrieved July 10 2021,
from
https://www.researchgate.net/publication/330343408_Fisheries_management_and_governance_in_Bangladesh

12
Indian Journal of Law and Legal Research Volume III Issue II | ISSN: 2582-8878

kilometer. But the number of permanent residents is only 15980033. That is why this natural
resource was safe from the destruction of people for a long time. But with the development of
communication as well as the economic condition of common people a large number of tourists
visit this area each year. In order to accommodate these people many hotels, motels and resorts
have been built here. Many of these infrastructures have been constructed by violating the
environmental and CHT Acts. Numerous resorts and hotels have been built here in the last two
decades. Because of these establishments the natural forests of this area are under jeopardy.
Among this vast land area almost 25% is forest. That means this forest alone covers 40% forest
lands of Bangladesh34. If the concerned authority fails to preserve and protect this forest along
with the reserved national parks the biodiversity of the country will be at risk as well. This
natural asset is considered to be the lungs of the planet as 70% carbon is stored in the forest
which is essential for the survival of the human race. The total forest land in the Chittagong
Hill Tracts is approximately 1329500 ha. But this forest is shrinking day by day due to its
commercial usage. The government has completely failed to stop dishonest businessmen from
destroying this forest and grabbing these lands for financial profit. Although the government
of Bangladesh has declared 19 areas as Protected Areas (PA) and 6 areas as Ecologically
Critical Areas (ECA) no specific provision has been adopted for the protection of the
Chittagong Hill Tracts Forest area35. On the other hand, National Forest Policy of 1994 has
declared that 20% of the country’s land should be brought under afforestation within 2015 but
little progress has been made in this regard. Although the development of tourism in this area
has brought immense economic improvement to the local people, it has tarnished the natural
resources of this area. Many infrastructures have been erected here for commercial purpose by
razing hills and forests under the surveillance of local political leaders against the prior consent
of the local indigenous people. As per research almost 10 thousand jhum cultivators will be
landless if the current rate of demolition of hills and forest continues. These commercial
establishments should be brought under the strict control of the government and no further
construction projects should take place without the clearance of the Department of
Environment (DoE).

33
Ministry of Chittagong Hill Tracts Affairs (8 July 2008). Retrieved July 13 2021 from
https://en.wikipedia.org/wiki/Chittagong_Hill_Tracts
34
Shelly, Mizanur Rahaman. (1992). The Chittagong Hill Tracts of Bangladesh: The Untold Story. Dhaka,
Bangladesh: Centre for Development Research, Bangladesh.
35
Chowdhury, F.I., Islam, K., Faroque, M.A., Islam, K.N., Rahman, M.F., Arif, M.T.A, Nath, T.K. and
Jashimuddin, M. 2020. Assessing the impacts of co-management on protected area landscape under socio-
imagery lens: evidence from Bangladesh. Journal of Sustainable Forestry.

13
Indian Journal of Law and Legal Research Volume III Issue II | ISSN: 2582-8878

Thirdly, the National Parks situated at the Bhawal and Madhupur region in Gazipur and Tangail
district is also under immense threat of obliteration. Many mills and factories have been
established here by illegal land grabbers and corrupt businessmen and politicians36. As a result,
this natural forest is also getting smaller every day is being transformed into commercial lands.
On the other hand, this region is very close to the capital city Dhaka of Bangladesh. Therefore,
people come here to seek refreshment from the urban crowd. Although this is beneficial for the
local people, the biodiversity as well as the existence of the forest is also under great threat.
Because numerous resorts and markets have been built here for the growing crowd in this
forest. Many local powerful politicians have taken this opportunity to gain illegal profit. They
have razed a large portion of this forest down and constructed amusement parks, resorts and
hotels illegally. The government has not taken proper steps in this regard because many of
these resorts are under the ownership of political leaders and influential businessmen. That is
why this natural resource is at stake right now. Moreover, due to its close distance from the
capital many garment factories and chemical and other factories have also been built here. Most
of them are built without following the guidelines provided in the Environment Conservation
Act of 1995 and the Forest Act of 1927. As a result, the forest is getting destroyed and
transformed to residential and commercial lands.

6. Recommendations

After studying and analyzing the current problems and loopholes in the existing system the
author thinks that the following steps will be really helpful in order to protect the forests of
Bangladesh and prevent them from transforming into commercial lands.

a. An independent autonomous regulatory commission should be formed in order to take

immediate action against any mischief committed against any natural resource.
b. Separate law enforcement organization should be formed and such organization
should be made bound to follow the orders given to it by the independent autonomous
regulatory commission.
c. Environment Courts should be given more resources and jurisdiction. And
punishments regarding the violation of the Forest and other Environmental laws
should be ensured by an effective judicial system.

36
Sanjeeb Drong, Robaet Ferdous, Dipayan Khisa, Syed Zakir Hossain, Zobaida Nasreen Kona, Falguni Tripura
and Audity Falguni. (2020, November 02). The cries of Modhupur Garh. The Daily Star. Retrieved July 20,
2021, from https://www.thedailystar.net/in-focus/news/the-cries-modhupur-garh-1987609

14
Indian Journal of Law and Legal Research Volume III Issue II | ISSN: 2582-8878

d. Social resistance must be introduced by the government in order to reduce

deforestation and transformation of forest lands.
e. Not only the private projects near a forest but also the government projects should be
approved by the independent autonomous regulatory commission as per the
provisions provided in the existing environmental laws.
f. The Department of Environment should act as an advisory body to the independent
autonomous commission regarding the approval of any project which is proposed to
be held near any forest or Ecologically Critical Area.
g. The forest lands must be specially categorized so that it cannot be transformed into
any commercial or residential land.
h. Land record system must be digitalized in order to identify the forest lands easily and
more accurately.
i. The government should take effective steps so as to increase awareness among the
common people about the importance of forest as well as other natural resources.
j. Implementation and modernization of the existing forest, environmental and land laws
should be ensured by the government of Bangladesh.

7. Conclusion

History shows that Bangladesh despite being a relatively small country has faced the wrath of
nature many times. The changing climate of the world has a great impact directly on the life
and economy of the people of Bangladesh. That is exactly why this country cannot afford to
take its natural resources for granted. Specially the greenery of this area should be conserved
properly. This can only be done by preserving the forests and reducing its misapplication.
Moreover, large afforestation programs should be initiated immediately so that the damage
which has already been done to the nature can be compensated. Proper land management
system should be introduced in order to identify the forestlands precisely. On the other hand,
relevant laws and norms should be implemented strictly by the government through a
transparent and less time-consuming environment court so that crimes regarding the forestlands
decrease. If the transformation of the forestlands cannot be stopped immediately the ecosystem
and biodiversity of Bangladesh will almost perish in the near future.

15