Laws there, loopholes too

That’s not strawberry ice cream but pure toxic dyes. Untreated wastes from a single dying factory along the river Shitalakkhya create this layer of deadly froth. Hundreds of such factories have turned the river into a lifeless water body. Photo: Amran Hossain

Pinaki Roy

Not a lack of laws, but a lack of proper implementation of the existing laws is the reason for the dire condition of the country's rivers, canals, and other water bodies.

Over the years, successive governments failed to implement relevant laws for conserving the rivers and other natural water resources, resulting in rampant encroachment on those, and in their wholesale pollution by industries, while the Environment Conservation Act 1995 stayed in books.

The definition of a river is also sketchy in the laws. Generally Bangladesh Inland Water Transport Authority (BIWTA) is in charge of the rivers and riverbanks where there are river routes, under the Bengal Port Act 1908.

But if there is no river route then it becomes hard to figure out who has the authority over the rivers, as many authorities including land offices, district administrations, local governments, the water resources ministry, and the Water Development Board -- all have some kind of role or control over the rivers and riverbanks according to relevant laws.

At the moment there is no unified law that clearly defines what is a river, a riverbank, or an off shore, and lawful use of river water is also not well delineated. To save the rivers from encroachment and pollution, a unified law and a dedicated authority that will implement the law as the regulatory body, are imperative.

The first law regarding water bodies was enacted during the British colonial age in 1864 to control and collect tolls from river routes.

The Bengal Canal Act 1864 is the mother of all laws about rivers, canals and other water bodies. Beginning from that act up to the recent Open Space and Water Body Conservation Act 2000, all laws restrict changing of the characteristics of water bodies including rivers and riverbanks.

The Bengal canal act says, "It shall be lawful for the government from time to time to authorise any person to make and open any navigable channel, or to clear and deepen any navigable channel, and to stop any watercourse, make any tracking path, or do any other act necessary for the making or improvement of any such channel."

Under that law the government is authorised to 'take possession for a public purpose of any land that may be necessary for the execution of any of the above mentioned works, under the provisions of the act'.

It goes on, "Any person who shall wilfully cause ........ any obstruction to any line of navigation or any damage to the banks or works of such line of navigation, or who shall wilfully omit to remove such obstruction after being lawfully required to do so, shall be punished on conviction before a magistrate with simple imprisonment which may be extended to one month or with fine which may extend to Tk 50, or with both."

The recent significant law to protect natural water resources is titled, 'Wetland and Open Space Conservation Act, 2000', which extended the fine up to Tk 50,000, and the imprisonment up to five years, or both. But successive governments have not been very sincere to implement the law.

On the other hand, the laws specify what punishments the judiciary may mete out to the violators, but it does not direct the government to recover the original characteristics of water bodies if someone fills them up.

So once someone changes the characteristics of a river, canal, or any other water body -- it does not get back its old shape.

Other relevant laws, rules, and regulations in Bangladesh are -- the Bengal Irrigation Act 1876, East Bengal Embankment and Drainage Act 1952, Inland Water Transport Authorities Ordinance 1958, East Pakistan Irrigation (Imposition of Water Rate) Ordinance 1963, Bangladesh Water and Power Development Boards Order 1972 (President order No 59 of 1972), Bangladesh Water Rate Ordinance 1983, Land Reforms Ordinance 1984, Ground Water Management Ordinance 1985, Water Resources Planning Act 1992, Water Supply and Sewerage Authority Act 1996, National Water policy 1999, and the Act No 27 of 2000.

Daily Star