COMPENDIUM OF SUMMARIES OF JUDICIAL DECISIONS IN ENVIRONMENT RELATED CASES

BANGLADESH

Bangladesh - Constitutional Rights

DR. MOHIUDDIN FAROOQUE v. SECRETARY, MINISTRY OF COMMUNICATION, GOVERNMENT OF THE PEOPLES' REPUBLIC OF BANGLADESH AND 12 OTHERS

SUPREME COURT OF BANGLADESH HIGH COURT DIVISION WRIT PETITION NO. 300 OF 1995 A.M. MAHMUDUR RHAMAN, J., and MAHFUZUR RAHAMAN. J.

Introduction

The Petitioner, Dr. Mohiuddin Farooque, Secretary-General of the Bangladesh Environmental Lawyers Association (BELA), filed this petition against the Secretaries of the Ministries of Communication, Environment, Health, Home Affairs and Industries, and others including the Chairman of the Bangladesh Road Transport Authority and the Commissioner of Dhaka Metropolitan Police, to require them to perform their statutory duties and mitigate air and noise pollution caused by motor vehicles in the city of Dhaka.

Petitioner argued that vehicles on Dhaka's roads did not comply with the required fitness standards, and that they emitted smoke harmful to humans. He also argued that the use of prohibited horns and audible signaling devices was causing extreme noise pollution.

Petitioner argued that although the Constitution of Bangladesh contained no specific right to a safe and healthy environment, this right was inherent in the "right to life" enshrined in Article 32. The petitioner stated that this interpretation of Article 32 is supported by Article 31, which prohibits actions detrimental to life, body or property.

Legal Framework

Articles 31 and 32 of the Constitution of Bangladesh.
Dhaka Motor Vehicles Ordinance. 1983.

Held

Respondent No. 2 (Chairman, Bangladesh Road Transport Authority) and Respondent No. 4 (Commissioner, Dhaka Metropolitan Police) were required to show cause as to why they should not be directed to take effective measures, as provided in the Motor Vehicles Ordinance 1983, to check air pollution caused by motor vehicle emissions and noise pollution resulting from audible signaling devices.