PM's directive to protect water bodies: Who will implement it?

Prime Minister Sheikh Hasina, on May 11, emphasized the conservation of the country's water bodies and urged engineers to construct establishments while preserving water bodies such as rivers, canals, ponds, and wetlands, and ensuring the flow of water in those areas. She stressed the necessity of harnessing rainwater for various purposes.

On the same day, Monir Hossain, the chairman of Bangladesh River Foundation, shared a video on Facebook showing a signboard of Goldcrest Holdings Limited within the Udur Khal of Sikulia Mouza in Gazipur Sadar Revenue Circle, where construction of an eco-village is underway.

Last year in February, a national daily reported encroachment upon the banks of the Shitalakshya River in Latifpur village of Gazipur’s Sreepur upazila due to sand filling, resulting in the occupation of five acres of land, which could potentially be sold to a large industrial establishment. Such activities, predominantly occurring at night, include encroachments upon rivers, canals, ponds, water bodies, and floodplains, leading to the construction of factories, residential buildings, hotels, motels, eco-parks, and eco-villages.

Wherever such allegations of encroachment are found, the accused claim to have legally acquired the land or acquired it after encroachment. However, the ownership of rivers, canals, and natural water bodies by individuals and the establishment of structures after encroachment pose significant questions. Article 143(1) of the Constitution of Bangladesh states that all internal and offshore minerals and other valuable resources, internal or offshore waters of Bangladesh, and any property devoid of ownership in natural resources or situated in the territorial waters of Bangladesh are owned by the state.

Article 18(K) states that the state shall endeavor to protect and improve the environment and to preserve and safeguard the natural resources, biodiversity, aquatic and land resources, forests, and wildlife of Bangladesh. Thus, the state is entrusted with ensuring the protection and safety of natural resources, biodiversity, aquatic land, forests, and wildlife. Article 7(1) states that the people are the owners of all state powers. However, when a portion of these people encroaches upon rivers, canals, ponds, and water bodies, it raises questions about this ownership granted by the Constitution.

One of the main reasons for the depletion of Bangladesh's natural water bodies, rivers, and ecosystems is project and infrastructure-centric development thinking and philosophy. From the beginning, development has been equated with projects. The definition of development given to the public and citizens over the years has been concrete. Projects such as roads, bridges, and culverts have been constructed rapidly, causing the encroachment of many small rivers and canals. Has anyone bothered to count the number of small rivers and canals that have been encroached upon? Thousands of culverts have been constructed in the name of improving road communication, resulting in the destruction of hundreds of small rivers and canals and the closure of numerous waterways. Waste from factories built near rivers is directly dumped into the rivers. Rivers are being killed, as evidenced by major examples like the Turag and Buriganga rivers near the capital. But what is the economic cost of encroaching upon rivers for these factories, considering their contribution to the national economy and employment, and what is the state's account of it?

The directives issued by the prime minister for the protection of the country's water resources are undoubtedly praiseworthy. However, the challenge lies in how much these directives are being effectively implemented at the grassroots level. Even last October, she reiterated her directives, emphasizing the need to ensure unobstructed flow in rivers, canals, and water bodies. She stated, "Development projects must ensure unimpeded flow in rivers, canals, and water bodies. It is essential to ensure uninterrupted flow of water in rivers. Keeping this in mind, all our projects and development works must be managed. Whenever a project is undertaken or implemented, everyone must take steps to conserve water resources. (UNB October 16, 2023).

The prime minister's sensitivity to the protection of the country's rivers, canals, ponds, and natural resources is well-known to all. However, the extent to which her directives are being implemented at the grassroots level remains a significant question. This is because the construction of infrastructure often encroaches upon natural water bodies like rivers and canals, creating concerns, especially in major cities. Residents in areas like Keraniganj, which are adjacent to the capital, are apprehensive about the existence of any natural water bodies and canals in the next decade due to rampant urbanization and the activities of numerous housing companies and business establishments. Doubts also linger regarding the availability of arable land for cultivation in Keraniganj due to the same factors.

Nevertheless, the law on the conservation of natural water bodies, including rivers, canals, ponds, and lakes, is clearly mentioned in the Natural Water Bodies Conservation Act of 2000. According to this law, natural water bodies are defined as rivers, canals, ponds, lakes, springs, or reservoirs included in the master plan by the government, local government, or any other organization through a government gazette notification, declared as flood-prone areas, or involved in collecting surface water and rainwater. Transferring, leasing, or transferring such areas in any way is prohibited according to the provisions of this law.

Not only that, but the law also stipulates that damaging the fundamental characteristics of any garden by cutting down trees is prohibited. If any individual violates any provision of this law, they will be liable to imprisonment for a term not exceeding five years or a fine not exceeding fifty thousand (50,000) taka or both. Furthermore, any construction undertaken in violation of this law will be subject to court orders for demolition.

The question arises: How many violations have been prosecuted or demolished for encroaching upon or altering the classification of natural water bodies, rivers, and canals? Local influential individuals and businessmen are often involved in the process of encroaching upon and altering natural water bodies, rivers, and canals, exerting pressure on local administrations or by bribing them to convert water bodies into land. As long as a river, canal, or water body remains in its natural state, its value remains incalculable. However, as soon as it is filled with sand, its value increases exponentially. In areas surrounding the capital and within major cities, the price of land increases by tens of millions of taka per decimal. This is accompanied by the business of sand. In other words, the business of sand, which is worth millions of taka, is directly linked to converting water bodies into land using that sand. It's all about cash. Where there is cash, policy considerations are often neglected. Strict enforcement of the law is necessary. Imposing exemplary punishment based on evidence and identity is crucial. But those who will enforce the law, if they succumb to the temptation of that money, if they twist the arm of authority in favor of those with power, then there is no hope for the protection of the country's rivers, canals, and water bodies.

It must be remembered that one of Bangladesh's natural features is the conversion of two-thirds of its land into wetlands (rivers, water bodies, canals, ponds, and marshes). Sixty-seven percent of the land undergoes transformation into wetlands during the rainy season, and it is in these wetlands that the country's crops are cultivated during the dry season. However, due to unplanned urbanization, the lower lands are being filled up to create housing, factories, and even in recent years, agricultural farms are being established in rural areas by encroaching upon agricultural land and water bodies to build luxurious buildings. Essentially, these are resorts. The owners of these resorts often spend their leisure time here. Some also rent out spaces. While some may rent, others are creating vast estates, it is time to account for how much agricultural land and water bodies they have encroached upon. Whether it is appropriate for a country like Bangladesh, with limited land and high population density, to have such opportunities for luxury is also a question that needs to be pondered upon.

Author: Editor, Current Affairs, Nexus Television