Challenges in the Enforcement of Environmental Laws in Bangladesh: A Social Science Perspective on Policy Effectiveness, Social Equity, and Sustainable Development

Bangladesh has a comprehensive and well-planned legal framework, which is reflected in the Bangladesh Environment Conservation Act, 1995. The main purpose of enacting this Act is to protect the environment from pollution and to ensure the planned and proper use of nature and the natural resources of Bangladesh so that sustainable development can be achieved.This research paper examines the gap between the Environment Court Act, 2010 and its practical implementation. The most direct and important constitutional provision concerning the environment in Bangladesh is Article 18A. However, several other Articles are also significantly related to environmental protection. For example, the Right to Life and Personal Liberty is relevant in this context. Although the term “environment” is not directly mentioned in this Article, the courts of Bangladesh, in environmental cases, have connected the meaning of the right to life with the right to live a meaningful and healthy life in a healthy environment. Article 31, concerning the Right to Protection of Law, provides every person with the right to legal protection and may be relevant when seeking legal remedies against environmental harm. Article 8(2) is also important because Article 18A is included among the Fundamental Principles of State Policy. Although these principles form the basis for the governance of the State, they are generally not directly judicially enforceable.Using the above information and existing literature, this research analyzes institutional weaknesses, resource limitations, overlapping jurisdictions, limited public participation, and socio-economic challenges that hinder effective environmental conservation and governance and contribute to environmental degradation. The findings of the research indicate that weak enforcement of laws disproportionately affects marginalized and vulnerable communities, reinforces social inequality, and hinders progress toward sustainable development. To transform legal provisions into meaningful social outcomes, it is essential to strengthen institutional capacity, increase public awareness, ensure international support, demonstrate political will, ensure the ability to use the judiciary independently, and reform the judiciary. At the same time, these laws must be freed from political influence.