Death of River Mother

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Barrister Miti Sanjana :
“Almost heaven, West Virginia, Blue Ridge Mountain, Shenandoah river, Life is old there, older than the trees, Younger than the mountains, growing like a breeze, Country roads, take me home to the place I belong” – one of most famous and beloved songs of John Denver.
There is actually no word to describe the beauty of heaven. But in this song he compared the beauty of running crystal clear river and his motherland with the Heaven.
When the Mughals declared Dhaka as their capital in 1610, the bank of the Buriganga was cosmopolitan commercial centre and the hub of the worldwide muslin and silk trade. This river was the city’s main source of drinking water.
Dhaka city was also known as the Venice of the East. The crystal clear water of Buriganga used to be sparkled in the warmth of the shining sun. The ancient city Dhaka stood tall and proud on the bank of this river. When the shining silver moon was fully visible in the sky, one could see moon’s reflection in the river water like a mirror. The air was filled with the fragrance of moist soil.
River plays an enormous role in shaping and cultivating civilization. Bangladesh is a land of rivers. The rivers are the source of our health, wealth and wellbeing. But this famous Buriganga has lost its medieval glory. Sadly, this river comes in the top list of most polluted rivers in the world! The main cause of this pollution is the discharge of Industrial effluents and human waste due to the increasing population density, encroachment, unscrupulous use of rivers, etc. The degree of forceful possession of water bodies and rivers has been increasing alarmingly. Many rivers are being forcefully possessed filled up and polluted in last few decades.
Parliament has enacted Environment Conservation Act 1995 (Amended in 2010) to protect and conserve the environment and to mitigate of environmental pollution. Bangladesh Environment Conservation Rules 1997 was made under this Act. Some amendments have been made on 2002 and 2010 to keep it up to date. The competent court can impose penalty for offences under this act. Environment Court Act was passed in 2000. But to keep up with the evolving views and values of the society and to ensure the proper application effectively, the Environment Court Act, 2000 has been repealed in 2010 and the new Environment Court Act, 2010 has been passed.
The invention of new technologies led to the creation of new laws and regulations. Section 4 of the ECA, 2010 states that the environment court shall be consisting of Joint District Judge. He shall perform the functions of environmental court in addition to his regular matters.
Under Bangladesh Environment Conservation Act 1995 department of environment has been established. It also created the post of Director General, provision of environment clearance certificate, provisions of Appellate body to make the laws more effective. Article 18A. of the Constitution of The People’s Republic of Bangladesh states that the State shall endeavour to protect and improve the environment and to preserve and safeguard the natural resources, bio-diversity, wetlands, forests and wild life for the present and future citizens. Since 2012 only 19 cases have been filed with the environment court over the last four years. Before filing a case the complainant have to lodge a complaint with the Department of Environment. First they will investigate the matter and they can fine the accused or can file cases with the Environment Court.
If the department fails to take any step despite passing of 60 days after filing the complaints, the complainant can go to the Environment Court. If the complainant is aggrieved by any decision made by the Department of Environment, he can appeal to the Appellate body but the decision of Appellate body will be final and binding.
Beside this use of polythene has been banned on 2002 which pollute our rivers constantly. An environment court can fine a maximum of Tk 5,000 and slap a six-month imprisonment sentence against marketing of illegal polythene shopping bags.
 A child’s tender life is moulded and shaped by a mother. She holds the key to all the goodness and well-being on the earth for her children and deserves the highest praise. Likewise Bangladesh is known as Nodi Matrik Desh (riverine country), which means we consider rivers as our mother. River is one of the most precious gifts of nature.
Throughout the ages, our rivers have played a very important part in the lives of our people. The river is sometimes overbearing, forceful and at the same time it is, humble and peaceful. She is always changing yet ever the same. She is the provider for the millions of people who reside along her bank. We should conserve and save our rivers like we protect our mother.
(The writer is an Advocate, Supreme Court of Bangladesh and an activist)
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