'Hide and seek' game over freeing river from encroachment

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Most of the rivers in the country are now blocked due to encroachment and pollution. The few that still flow do so with numerous obstacles. On one hand, the relevant authorities are clearing illegal encroachments, but in a few days, the lands are taken back by the encroachers. Despite a ruling from the High Court declaring all rivers in the country as "living entities," these rivers are continuously being destroyed. Through encroachment, filling, regulation, sand extraction, and pollution, various rivers are gradually being killed.

According to the High Court's ruling, killing a river is equivalent to killing a living being. There are strict laws in place to prevent this, but no one seems to care. The destruction of rivers happens blatantly under the nose of the administration. In 2019, the High Court declared all rivers in the country, including the Turag River near the capital, as 'Living Entities.' This means that rivers in the country now have legal rights, just like humans or other living beings. According to the court's ruling, rivers are now 'juristic persons' or 'legal persons.' Legal experts argue that this grants rivers fundamental rights, similar to those of humans.

Therefore, killing a river is akin to killing the present and future generations. River pollution and encroachers are the murderers of humanity. The court clearly stated that all rivers in Bangladesh, including the Turag River, are valuable and protected by the Constitution, statutory laws, and the public trust doctrine. Destroying a river is equivalent to committing murder. This is a criminal offense, punishable by six months in prison or a fine of Tk 10,000, or both.

According to 2023 data from the Department of Environment, the Buriganga, Turag, Balu, and Shitalakshya rivers surrounding Dhaka are being polluted from multiple sources. Waste dumping into the rivers or on their banks, and the flow of sewage into these rivers are causing severe pollution. Waste from 42 sewers managed by the Dhaka City Corporation (DCC) and Dhaka WASA is being discharged into the Buriganga. Around 70% of the city’s sewage is being released into these four surrounding rivers. Over 2,000 industrial establishments along the riverbanks are dumping their waste into the rivers. One of the primary causes of water pollution in the Buriganga, Turag, Balu, and Shitalakshya rivers is the waste from these industrial establishments. Unprocessed liquid waste from most factories is discharged into the Buriganga, Turag, Balu, Shitalakshya, Meghna, Dhaleshwari, and Bansi rivers.

In response to this pollution, the court has ordered police patrols along the banks of the Buriganga, particularly near Old Dhaka, to prevent the dumping of garbage. However, this has not been implemented, and waste continues to be dumped into the Buriganga as before. Government efforts to remove polythene from the riverbed have also failed due to a lack of proper planning. Dhaka WASA is no longer able to treat water collected from the dead Buriganga to make it drinkable. To address this, there is now a plan to bring water from the Jamuna River to clean up the Buriganga. This will involve dredging 163 kilometers of river routes, allowing water to flow from the Jamuna to the Buriganga via the Dhaleshwari, Pungli, Bansi, and Turag rivers. The project has been allocated a budget of 998 crore taka. Once implemented, it is expected to not only reduce pollution but also revive the waterways around Dhaka.

However, it's not just the four rivers around Dhaka that are facing this crisis. Most of the rivers in the country are now suffering from encroachment and pollution. Wealthy and influential individuals are grabbing rivers, exploiting the natural resources for their own gain, and pushing the environment into disaster. As a result, common people, animals, and plants are facing severe repercussions. Due to the corruption in the administration and the influence of river grabbers, efforts to control the situation have been ineffective.

In addition, upstream dams in India have caused hundreds of rivers in Bangladesh to dry up, while riverbanks are being encroached upon for construction and waste dumping, making the water unusable. The lack of dredging and encroachment has not only reduced the navigability of rivers but also their numbers.

River researchers said that in 1960s, Bangladesh had around 750 rivers. Today, that number has dropped to just 230. In the last 60 years, 520 rivers have vanished. The rivers that still exist do not have sufficient water during the dry season, altering their courses, and many are disappearing from the map altogether. Only the rivers of South Bengal have somehow managed to survive.

Legal Opinion and Expert Views

Lawyer Manzill Murshid spoke to Views Bangladesh about this issue, stating, "According to the court's declaration, rivers such as the Turag will now have certain legal rights, just as humans or animals do. This ruling will grant rivers specific legal rights. As a result, a river can now approach the court for remedy if it suffers harm or encroachment." He further explained, "However, since the river cannot represent itself, someone on its behalf can inform the court of the damage, and the court will provide a solution."

He added, "The court's ruling has declared the rivers of our country as 'living entities,' 'juristic persons,' or 'legal persons,' which essentially grants them fundamental rights similar to those of humans. Anyone can now take legal action regarding the harm, encroachment, or obstruction of a river, either through a lawyer or lawyers themselves, based on the legal rights of rivers."

Although the Ministry of Land issued a directive in 2015 to apply Section 149, it has not been consistently enforced by the Deputy Commissioners (DCs). In 2019, during a press conference organized for the publication of the annual report of the River Protection Commission, the commission stated, "The eviction drive will be completed within a year. However, achieving this in a sustainable sense will be difficult, as over 49,000 encroachers have been identified across 64 districts of the country. It cannot be said that the boundaries of the lands under their control are clearly defined."

Five more years have passed since then, with little progress. The situation remains the same: rivers are being cleared, but shortly after, they are re-encroached by land grabbers.

River researcher, Waterkeepers Bangladesh's chief coordinator, and general secretary of Bangladesh Environmental Movement (BAPA), Sharif Jamil, spoke to Views Bangladesh, saying that a river is a living entity. The High Court's declaration is a very positive and important step in river protection. He remarked, "It's still unclear whether a river will have the right to exist like humans or if it will have the right to flow without obstruction. However, it's a positive development that a legal foundation has been established for rivers, which can be the basis for further discussions." He added, "Previously, rivers had no legal rights. Since rivers didn’t have the right to exist, they were being destroyed at will. Now, this ruling is a very good thing for rivers. However, in other countries where rivers have been declared living entities by courts, guardians have been appointed for them, but that has not happened in Bangladesh."

Lawyer Manzill Murshid said that the full ruling of the High Court, which declared the Turag River a legal or living entity, stated, "All rivers flowing within and through Bangladesh will have the same status." In a judicial investigation regarding the Turag River, about 36 illegal encroachments were reported. Based on these reports, the hearing of this writ petition began in the High Court. Although the ruling was centered around the Turag, the court declared that it would apply to all rivers. The judgment stated, "Rivers are continuously encroached upon by illegal occupants. Due to the construction of illegal structures, rivers are shrinking. Taking these issues into account, the Turag River has been declared a legal/juristic person."

HC verdict on river protection

On February 3, 2019, the High Court delivered a landmark ruling regarding the protection of the Turag River, following a final hearing on a writ petition filed by the human rights and environmental organization, Human Rights and Peace for Bangladesh. The verdict was issued by the High Court bench of Justice Moyeenul Islam Chowdhury and Justice Md. Ashraful Kamal. The full ruling, spanning 283 pages, was published on the Supreme Court's website and authored by Justice Ashraful Kamal, with concurrence from the senior judge of the bench.

In the ruling, the court stated, "The very existence of Bangladesh is tied to the survival of its rivers. If the rivers survive, so will the country and beloved Bangladesh." The court's directive emphasized that the National River Protection Commission (NRPC) has been appointed the legal guardian for the protection, conservation, and development of all rivers in the country, including the Turag. From this day forward, with the assistance of all relevant organizations, departments, and ministries, the NRPC is responsible for ensuring that all rivers in Bangladesh remain free from pollution and encroachment, facilitating safe navigation and sustainable development. All organizations, departments, and ministries related to the rivers are obliged to provide full cooperation to the NRPC in this effort.

The judgment also proclaimed that the "Precautionary Principle" and the "Polluter Pays Principle" are now part of the legal framework of Bangladesh. Furthermore, the court declared the Turag River a "Legal Person" or "Juristic Person," recognizing its right to exist. The ruling stated, "Illegal encroachments are continuously shrinking the rivers, with unauthorized constructions being built on riverbanks. Considering these issues, the Turag River is declared a Legal/Juristic Person."

The court referenced rulings from various other countries where rivers were granted similar protections, and highlighted the urgency of protecting all rivers in Bangladesh. The ruling warned, "If we fail to do this, future generations and the environment will suffer greatly."
The court also noted that if previous court directives regarding the four rivers around Dhaka had not been issued, multi-storied buildings might have been constructed on the Buriganga River by now, or illegal housing estates could have emerged on the Turag River. Despite numerous rulings and directives, no effective steps have been taken by the defendants to properly implement them. The court remarked that if its directives had been correctly followed, there would have been no need for another case regarding the protection of the Turag River.
In addition, the court commented on the recurring pattern: "Illegal structures are being built on encroached rivers, and then the administration demolishes those structures following High Court directives. Yet, after a short time, new illegal constructions reappear in the same places. It's like a never-ending game of hide and seek."

Syeda Rizwana Hasan, advisor to the Ministry of Environment, Forest, and Climate Change, said that Bangladesh's rivers must be protected, and encroached rivers must be reclaimed. To achieve this, strict enforcement of the law will begin, and public cooperation will be essential for this initiative. She mentioned that cost-effective plans will be developed to free the rivers from pollution, and a campaign against polythene and plastic will be launched.

She emphasized, "We are committed to ensuring that rivers remain alive, free from encroachment or pollution, so that no one dares to occupy them in the future." 

To be continued...
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part: 1
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part: 2
Brick kilns continue to spread pollution, violating rules