ABSTRACT
The environmental tort regime in Bangladesh, as outlined by the Environment Court Act 2010, plays a vital role in holding polluters accountable for the harm they cause to both the environment and individuals. Despite the Act’s commitment to addressing environmental issues, a significant gap remains in the provision of effective redress mechanisms, resulting in ongoing environmental degradation and harm to the population. This article examines the obstacles to environmental tort litigation, including limited public awareness, complex legal procedures, high costs, and court system inefficiencies. The article also explores other challenges to an effective environmental tort regime, including a limited legal system capacity, the undue influence of powerful interests, and inadequate enforcement mechanisms. In response to these challenges, the article proposes a set of pragmatic reforms designed to streamline and expedite the resolution of environmental tort cases. Reforms encompass raising public awareness of environmental rights, simplifying legal procedures, reducing litigation costs, enhancing the court system’s efficiency, and improving enforcement mechanisms. By addressing the challenges and proposing pragmatic reforms, this article aims to contribute to the development of a more effective environmental tort regime in Bangladesh.
Shafayat, Sayed Md, Environmental Tort Regime Under the Environment Court Act 2010 in Bangladesh: A Critical Review (January 30, 2025), Australian Journal of Asian Law, volume 25, no 2, article 5: 85-101, 2025.
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