Environment Court and Special Magistrate Court in Bangladesh: A Comparative Study

Abstract

Environment Court and Special Magistrate Court are two special courts to adjudicate environmental cases of both civil and criminal nature. They were constituted by the Environment Court Act, 2010 in order to prevent environmental degradation and punish environmental offenses under different environmental laws. But one decade later, it is seen that these special courts are unable to deliver what it was constituted for. The article aims to provide an overview of environmental governance in Bangladesh with an illustrative discussion of the adjudication process of environmental cases in Bangladesh. In that process, it will examine the major challenges, both legal and non-legal, that are creating hindrances to the eficient functioning of the Environment Courts and Special Magistrate Courts. It is concluded with recommendations with reformative measures for empowering the environment court and special magistrate court in Bangladesh based on the best practices of New Zealand, Australia, Philippines, and India, because the environment court and tribunals in these jurisdictions are considered as successful as being capable of model environment courts.

Dhaka University Law Journal, 2024, 35 (1), 87-112