Bangladesh is richly endowed with water resources, with an elaborate network of rivers crisscrossing the country. According to the Bangladesh Water Development Board, about 907 rivers currently flow in Bangladesh, though their number fluctuates between summer and winter. However, most of these rivers face significant pollution challenges. Water pollution has become an alarming issue, necessitating immediate and sustained attention. To address this crisis, Bangladesh has implemented several legal provisions under various environmental laws. This article examines the legal and institutional frameworks established to prevent water pollution and protect rivers in Bangladesh. Prominent legal instruments include the Water Act, 2013, the Water Rules, 2018, and the National Water Policy, 1999, among others.
The Water Resources Planning Act, 1992
The Water Resources Planning Act, 1992, aims to ensure the balanced development and utilization of water resources. Section 3 of the Act mandates the establishment of the Water Resources Planning Institution, with functions outlined in Section 7. These include the development, proper use, and preservation of water resources. This Act repealed the Water Resources Planning Ordinance, 1991, to provide a more comprehensive approach to water management.
The National Environment Policy, 1992
The National Environment Policy (NEP), 1992, addresses 15 broad sectors of environmental management, including water. The NEP emphasizes environmentally sound water resource management for flood control, irrigation, and overall water development. Recommendations include conducting Environmental Impact Assessments (EIA) before initiating water-related projects and adopting measures to mitigate river pollution through sustainable construction and maintenance practices.
The National Water Policy, 1999
Chapter 4.12 of the National Water Policy, 1999, titled Water for the Environment, identifies key measures to combat water pollution. These include enhancing access to safe and affordable drinking water through rainwater harvesting and conservation, protecting subterranean aquifers and natural water bodies, and holding municipalities accountable for controlling water consumption and waste. Additionally, the policy urges local governments to raise public awareness about reducing pollution and waste.
The Bangladesh Environment Conservation Act, 1995
The Bangladesh Environment Conservation Act, 1995, outlines measures to prevent pollution, mitigate environmental degradation, and impose compliance requirements on individuals and organizations. Factories producing toxic waste are mandated to install effluent treatment plants (ETPs) to treat waste before discharge into water bodies. However, widespread non-compliance with this requirement has been a major contributor to surface water pollution. Clause 2(h) of Section 4 empowers the Department of Environment (DoE) to monitor drinking water quality, provide advisory services, and enforce drinking water standards.
The Bangladesh Environment Conservation Rules, 1997
Formulated under Section 20 of the Bangladesh Environment Conservation Act, 1995, these rules address pollution control, including water, air, and noise pollution. They establish ambient standards for water quality and prescribe permissible levels of industrial discharge to protect water bodies.
The Water Supply and Sewerage Act, 1996
The Water Supply and Sewerage Authority Act, 1996, enhances water supply and sanitation systems. It facilitates autonomous corporate management structures for Water Supply and Sewerage Authorities (WASAs) and prohibits unauthorized abstraction, treatment, or supply of water. This Act also requires proper authorization for constructing sewerage or treatment facilities within WASA jurisdictions.
The Ground Water Management Act, 2018
Replacing the Ground Water Management Ordinance, 1985, the Ground Water Management Act, 2018, regulates groundwater usage, particularly for agricultural production. The Act establishes licensing requirements for tube wells, creates Upazila irrigation committees, and specifies conditions for the suspension or cancellation of licenses.
The Water Act, 2013
The Water Act, 2013, affirms state ownership of all water resources within Bangladesh's territory. The Act prioritizes potable water and sanitation while regulating water conservation and pollution. Large-scale water withdrawals require permits or licenses, and no actions affecting water resources are allowed without prior approval from the Executive Committee. The Act prohibits the construction of structures that obstruct natural river flows.
The Water Rules, 2018
The Water Rules, 2018, operationalize the provisions of the Water Act, 2013, by addressing aquifer yield levels, water stress areas, and resource monitoring. Mechanisms such as compliance orders, protection orders, fines, and imprisonment are introduced to enforce water regulations. The Rules also specify allowable water withdrawals and require clearance certificates for water-related activities.
The National River Protection Commission Act, 2013
This Act establishes the National River Protection Commission, tasked with preventing river encroachment, combating industrial dumping, curbing illegal infrastructure development, and ensuring sustainable river management.
Sadia Sultana Jui is a fourth-year student of the Law Discipline at Khulna University.
