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| Rabeya Dewan |
The crystal-clear waters of Bholaganj, one of the most popular tourist spots in Bangladesh that once glistened with iconic white stones, are now scarred by rampant illegal extraction and looting. Such excessive extraction and looting not only rob us of natural beauty but also strike at the heart of our Constitution.
In this regard, the Constitution
of Bangladesh, as the supreme law of the land, in Article 18A mandates the
state to preserve and safeguard the natural resources for the present and
future citizens. Such a mandate has been incorporated into Part II of the
Constitution and forms a part of the Fundamental Principles of State Policy of
Bangladesh. It means that these principles are fundamental to the governance of
Bangladesh and form the basis of the work of the State and of its citizens
(Article 8).
Article 18A was inserted into the
Constitution of Bangladesh in 2011 by the Constitution (Fifteenth Amendment)
Act in line with the frameworks of international environmental law, to
establish the state's duty to protect and improve the environment and to
preserve natural resources. The provision of Article 18A resonates with the
principle of intergenerational equity, which provides for the preservation
of natural resources and the environment for the benefit of future
generations. It has its roots in the 1972 Stockholm Declaration, the Brundtland
Report (1987), and forms a core tenet of sustainable development frameworks. Intergenerational
equity is now a recognized principle of International Environmental Law. It is
embedded in the United Nations Framework Convention on Climate Change (UNFCCC)
1992 and the Paris Agreement 2015.
Originally, ecologist Edith Brown
Weiss articulated this theory of intergenerational equity, where all
generations hold the Earth in common as a trust, with present generations
acting as stewards. In other words, it provides that the earth and its
natural resources do not just belong to the present generation, but rather to
all generations, past, present, and future. Each generation has a duty not to
exhaust these resources, and has a responsibility to use and manage the
resources in a sustainable way that will allow future generations to use them
as well. The principle, in essence, articulates a concept of fairness among
generations in the use and conservation of the environment and its natural
resources.
However, the reality hits hard
for Bangladesh. In recent times, the newspaper headlines in Bangladesh have
been flooded with news and reports of rampant extraction and looting of the iconic
white stones in Sylhet’s Bholaganj Sada Pathor. Bholaganj was renowned for its
shimmering white stones along the Dhalai River and drew thousands of visitors
each year from both within the country and abroad, who sought its unique
natural beauty. This greatly contributes to the local and national economy of
the country. But these stones don’t just bring in tourists; they are also
crucial in environmental protection. We need to keep in mind that these white
stones do not form in Bangladesh; rather, they are transported into Bangladesh from
the Khasi and Jaintia Hills of the Meghalaya state of India through river
currents or rock erosion and weathering. It takes hundreds and thousands of
years for stones and rocks to form naturally. Moreover, such transportation
does not just happen overnight; the landscapes of Bholaganj were shaped over
millennia. It means that once looted or extracted, the place cannot be restored
immediately and will leave a deep and long-lasting impact on the surrounding
environment, including riverbed and soil erosion, increased risks of flash
floods, and destruction of the aquatic ecosystem.
Historically, it has been
permissible to extract a certain amount of the stones in the nearby quarries,
as excessive accumulation of stones can disrupt the riverbed as well. The
Government of Bangladesh, through its Ministry of Power, Energy, and Mineral
Resources, grants leases or permits for quarrying stones in the designated
zones. Such permits regulate stone collection, ensure government revenue, and
prevent environmental damage. However, the high economic value of the stones, weak
administrative enforcement, and negligence by authorities in a changed
political scenario have driven the extraction on a large scale and have
worsened the looting. Moreover, the absence of transparent legal accountability
for officials and political patrons is allowing organized stone theft to
continue without punishment. Thus, on paper, the extraction appears to be
legal, limited, and environmentally regulated, but in reality, it has become an
unchecked plunder.
This incident highlights how
Bangladesh, as a State, is failing to protect and safeguard its natural
resources. Nonetheless, it is not the first time that natural resources have
been illegally extracted or looted. There are many other instances like river
grabbing, deforestation, encroachment on wetlands, and illegal sand mining.
The primary reason for such
failure can be attributable to the fact that Article 18A, as a part of the
Fundamental Principles of State Policy, is a mere directive guideline for the
State and is not judicially enforceable. Such unenforceability, confirmed
through Article 8(2) implies that even though Article 18A is crucial for
ensuring intergenerational equity, no citizen has the right to file a case
before the courts of Bangladesh for the enforcement of this provision. Thus,
the duty of Bangladesh to preserve and safeguard all its natural resources is
not constitutionally enforceable.
After the Constitution, the major
laws for environmental protection in Bangladesh are the Environment
Conservation Act 1995 (ECA), the Environment Conservation Rules 1997, and the
Environment Court Act 2010. The ECA focuses on preserving natural resources
through the establishment of the Department of Environment (DoE), declaration
of Ecologically Critical Areas, and mandates for the Environment Clearance
Certificate, while the Rules provide detailed procedures on achieving these. However,
there’s a big gap in the enforcement of these laws, and laws without
enforcement are just mere words. Moreover, the Environment Court, the court
meant for the speedy trial of environmental offences, has not been functioning
as effectively as intended for reasons like a lack of dedicated courts,
procedural hurdles, and limited public access.
Such a legal vacuum makes it even
harder to ensure the proper preservation of natural resources and ultimately
jeopardizes intergenerational equity. Hence, it is high time Bangladesh made
stronger laws for the preservation of its natural resources and ensured
compliance with the laws for the realization of its commitment to Sustainable
Development Goals and the principle of intergenerational equity. The solution
lies not only in stricter enforcement but in political will. Authorities must
act decisively to dismantle illegal syndicates and ensure that environmental
courts function effectively. Local communities should be empowered as guardians
of their own natural heritage, with incentives for conservation and
eco-tourism. Transparency in resource management, coupled with genuine
accountability, can restore trust in the State’s constitutional promise.
Ultimately, preserving natural
resources is not just about nostalgia or aesthetics but also about survival. In
a country already on the frontline of climate change, environmental destruction
is a luxury that cannot be afforded. When the State ignores its constitutional
duty to safeguard nature, it doesn’t just break the law—it betrays its people
and their future. The white stones of Bholaganj are more than minerals; they
are symbols of what we stand to lose if we allow plunder to triumph over
preservation.