Bangladesh

Bangladesh is one of the most climate-vulnerable countries in the world. The unique geographic location, low elevation from the sea coupled with high population density, high levels of poverty, and overwhelming dependence on nature has made the country particularly susceptible to various natural hazards. Even after having one of the lowest per capita carbon dioxide emissions in the world, it is one of the worst sufferers of the catastrophic impacts of climate change. To begin with, Bangladesh has always been on the receiving end of natural disasters, like floods, tropical cyclones, storms, droughts, etc. The frequency and intensity of these natural disasters have increased manifold due to Climate Change. The rise in sea level due to the increase in temperature would lead to the submergence of low-lying coastal areas and saline water intrusion of coastal rivers into groundwater aquifers, reducing freshwater availability. Climate change is expected to threaten food security, livelihoods, and health of the poor and thwart the growth of the economy.

Climate Change Litigation in Bangladesh
Although Bangladesh has one of the lowest per capita carbon emissions in the world, the number has doubled between 2000 and 2016. Bangladesh was one of the earliest countries to submit "Nationally Determined Contributions (NDC)" to UNFCC back in 2015. As per the outline set in the NDC, Bangladesh committed to reducing its Green House Gas emissions by 5% below 'business-as-usual level by 2030 using only domestic resources, which may be extended up to 15% if sufficient external fund is received. Even for a developing country like Bangladesh, this target is not satisfactory. Although there have been no instances of climate litigation in Bangladesh in the strictest sense, there has been a practice of judicial activism for the implementation of laws and regulations that safeguarded the environment. Although 'right to the environment has not been enshrined in the constitution of Bangladesh in the truest sense, the progressive interpretation of the constitutional and legal norms by the judiciary in the cases concerning environmental pollution and degradation has established it impliedly. Public Interest Litigation (PIL), an instrument that is frequently being used to enhance access to justice for the poor and marginalized people has been furthered for the cause of environmental matters. PIL has proved to be an effective way to provide accessible remedies to the people affected by environmental degradation. Through the media of PIL, the judiciary can relax the standing of the litigants, take suo moto actions and interpret the laws in a manner that would better serve the purpose of environmental protection.

Although the protection of the environment and safeguarding natural resources and bio-diversity under Article 18A of the Constitution is non-justiciable, Climate litigation can be filed through the invocation of Article 32, which entails the right to life. PIL cases concerning environmental matters have resorted to the right to life to ensure better enforcement of environmental laws and policies

Cases

 * Farooque v. Bangladesh: In this case, the court observed that the government failing to protect the people from the adverse impacts of pollution fails to uphold its duties under the constitution of Bangladesh.
 * Dr. Mohiuddin Vs. Bangladesh and others: In this case, the court extended the scope of right to life to the enjoyment of pollution-free water and air and free from anything that endangers or impairs that quality of life in derogation of laws. Thus, it allows for climate change litigation through the recourse of Article 32 of the constitution that provides for the protection of life.
 * Dr. Mohiuddin Vs. Bangladesh and others and Sekandar Ali Mondal Vs. Bangladesh and others: In this case, the court ordered the government to carry out projects complying with the laws of the land regarding the protection of the environment. and to ensure that no serious damage to the environment and ecology is caused by the project activities.
 * Dr. Mohiuddin Farooque Vs. Bangladesh, represented by the Secretary, Ministry of Irrigation, Water Resources and Flood Control and others: In this case, the court widened the locus standi when the beneficiaries of the case are people in general and concerns the protection of the environment.
 * Mahbubul Anam and Ors. Vs. Ministry of Land: In this case, the court canceled the government leases for motels, in order to preserve the ecological balance in the environment and protection of natural resources. The case is an example of a court prioritizing the protection of natural resources for the benefit of the public over economically beneficial projects.
 * K.M. Asadul Bari Vs. Bangladesh and Others: THis case dealt with the legality of a ban placed on polythene bags.
 * City Sugar Industries Ltd. and others Vs. Human Rights and Peace for Bangladesh & others
 * Ain-O-Salish Kendro (ASK) Vs. Bangladesh
 * Abu Zafar Md. Nurul Islam v Director-General, Department of Environment, Government of Bangladesh and Others
 * Rana Surong v Government of Bangladesh and Others: In this case, the court in regards to cutting of trees in a tea estate acquired and leased out by the government, held that the preservation of ecology and environment, based on the principle of sustainable development must reconcile the conflicting interest of development with the preservation of a healthy environment since it is the essence of the right of life.

Organizations

 * Bangladesh Environmental Lawyers Associations (BELA)
 * Bangladesh Environment Network (BEN)
 * Strategy for Environmental Development Foundation (SED Foundation)