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HC’s verdict ignored

Brick kilns continue to spread pollution, violating rules

Hira  Talukder

Hira Talukder

Fri, 27 Sep 24

Illegal brick kilns in the country are destroying vital environmental components such as soil, air, timber, and the ozone layer, without adhering to environmental laws, regulations, and court orders. These kilns emit harmful substances like dust particles, particulate carbon, carbon monoxide, sulfur, and nitrogen compounds from the burning of coal, which severely affect the eyes, lungs, and respiratory systems.

Experts say that sulfur and nitrogen oxides mix with the air, causing acid rain, which damages crops and kills fish in rivers. Additionally, the abundance of PM2.5 (particulate matter 2.5) is significantly reducing the population of birds and other animals in areas near the brick kilns due to air pollution. According to researchers, these harmful particles could be responsible for the deaths of hundreds of thousands of people in Dhaka alone.

Experts also warn that if the practice of burning soil to produce bricks continues, around 50 million people in the country could face food shortages by 2040.

The Department of Environment reports that there are more than 8,500 brick kilns in the country, most of which are illegal, and these have become a major threat to the environment.

According to the "Brick Manufacturing and Brick Kiln Establishment (Control) Act, 2013," no brick kiln can be established or operated without a license, and the use of wood as fuel in brick kilns is prohibited. On November 13, 2022, the High Court ordered the closure of illegal brick kilns and the enforcement of these provisions.

Research has shown that brick kilns are the largest source of greenhouse gas emissions in the country. Annually, brick kilns consume 4.78 million metric tons of coal, 1.9 million metric tons of wood, 2,840 million cubic feet of soil, and emit 11.59 million metric tons of carbon, contributing to global warming.

A study by the Department of Environment, conducted with the support of the Norway-based research institute NILU, revealed that during the dry season, brick kilns account for 58% of air pollution in Dhaka. These kilns are also a major source of harmful PM2.5 (particulate matter 2.5) in the air.

The Institute for Health Metrics and Evaluation and the Health Effects Institute in Boston report that PM2.5 consists of harmful particles with a diameter of less than 2.5 micrometers. These fine particles can easily enter the lungs through breathing and are responsible for many deaths.

According to 2013 estimates, brick kilns in the Greater Dhaka region, which do not comply with environmental laws, contributed more than 53,333 tons of particulate matter-10, 17,557 tons of particulate matter-2.5, and over 59,221 tons of sulfur oxide to the atmosphere.

According to the World Health Organization (WHO), approximately 4.2 million people die each year due to the effects of air pollution. Around 59% of these deaths occur in South Asian countries. Additionally, around 220 million children are facing various respiratory diseases due to the presence of these toxic substances in the air.

Law and environmental experts' opinions:

Dr. Mohammad Jahangir Alam, an environmental specialist, stated that the various particulate matters emitted from brick kilns are extremely harmful to the health of both adults and children. When these pollutants enter the human body through respiration, they damage the respiratory system and weaken the immune system. As a result, residents living near brick kilns face greater health risks.

Furthermore, the soil used in brick production contains a high amount of calcium carbonate. When exposed to high temperatures, calcium carbonate breaks down into calcium oxide and carbon dioxide. Each kilogram of brick produced releases approximately 25 grams of carbon dioxide from the soil into the atmosphere, thereby increasing air pollution and contributing to global warming.

He said that the mortality rate due to particulate matter in the air has tripled compared to previous years. The excessive presence of sulfur dioxide in the air is causing people to suffer from eye, nose, throat, and asthmatic issues.

"Broadly speaking, the presence of these toxic substances in the air is responsible for the rise in lung cancer, heart attacks, and other diseases leading to higher mortality rates," Dr. Mohammad Jahangir Alam told Views Bangladesh.

Supreme Court lawyer and president of the environmental organization Human Rights and Peace for Bangladesh, Manzill Murshid, told Views Bangladesh, "Due to unplanned urbanization, brick kilns are now appearing in many residential areas. The entrepreneurs are not very keen on relocating these brick kilns away from inhabited areas. As a result, people living near the kilns are suffering from various complex diseases and facing serious health risks."

He further explained that the uncontrolled increase in greenhouse gases in the atmosphere is due to non-renewable energy use, unplanned urbanization, and deforestation. Carbon dioxide emitted from brick kilns is one such greenhouse gas. Additionally, the ash from brick kilns is often disposed of in nearby rivers or water bodies. This waste mixes with the water, producing toxic substances like lead, cadmium, zinc, and chromium, which enter the human body through aquatic plants and animals in the food chain, leading to various complex and undesirable diseases.

“If the greenhouse gas levels continue to rise like this due to unplanned brick kiln installations, the challenge of controlling global warming and addressing climate change will become much more severe in the future,” Manzill Murshid warned.

High Court Order to Close Illegal Brick Kilns: On November 13, 2022, the High Court ordered the closure of all illegal brick kilns across the country and banned the use of wood as fuel in brick kilns.

The High Court bench of Justice Md. Ashfaqul Islam and Justice Md. Shohrowardi issued instructions for this directive to be enforced by the Cabinet Secretary, Senior Secretary of the Ministry of Public Administration, and the Environment Secretary.

Petitioner lawyer Manzill Murshid said, “According to the Brick Manufacturing and Brick Kiln Establishment (Control) Act, 2013, no brick kiln can be established or operated without a license, and the use of wood as fuel in brick kilns is prohibited. However, many illegal brick kilns operate in most districts, especially during the winter season.”

He mentioned that when reports of using wood as fuel in brick kilns were published in the media, the environmental organization Human Rights and Peace for Bangladesh (HRPB) filed a writ petition in the High Court in the public interest. Following the hearing, the High Court issued a rule asking the authorities to explain why their inaction in closing illegal brick kilns and preventing the use of wood as fuel should not be declared unlawful, and why they should not be ordered to stop illegal brick manufacturing, the operation of brick kilns, and the use of wood as fuel.

He further stated that, in an interim order, the High Court directed the Cabinet Secretary, the Senior Secretary of the Ministry of Public Administration, and the Environment Secretary to instruct all District Commissioners to shut down all illegal brick kilns operating in violation of the law.

What the Environment Advisor Said:
Syeda Rizwana Hasan, the Advisor for the Ministry of Environment, Forests, and Climate Change, told Views Bangladesh that operations of 3,491 brick kilns without environmental clearance would soon be stopped, and all illegally constructed brick kilns in hilly areas would be relocated. Additionally, no new environmental clearance will be issued for brick kilns to prevent air pollution caused by them.

Expressing deep concern over the environmental impact of brick kilns, she said, “No brick kiln will be allowed to operate without a license and environmental clearance. We will take swift action to promote environmentally friendly brick production, modernize brick kilns, and reduce carbon emissions. There is no alternative to ensuring a livable environment for our future generations.”


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