Friday | 17 January 2025 | Reg No- 06
বাংলা
   
Friday | 17 January 2025 | Epaper

Public nuisance should be criminalised for safety

Published : Sunday, 9 June, 2024 at 12:00 AM  Count : 827
Humaira Adiba Kotha
Public nuisance is an issue that hits communities across Bangladesh, yet it often goes unnoticed and unaddressed due to a lack of awareness and legal framework. The absence of comprehensive laws to combat public nuisance leads to inconsistencies in enforcement and undermines efforts to uphold public health and safety.

In our daily lives, we encounter various forms of public nuisance, from excessive noise to blocked walkways, which disrupt our quality of life. Despite these challenges, there is a dearth of legal provisions specifically targeting public nuisance in Bangladesh. While some actions may fall under existing laws, such as The Penal Code of 1860, they do not comprehensively address the range of nuisances affecting communities.

Internationally, many cities have enacted specific regulations to combat public nuisance effectively. For example, cities like London, Cambridge, and Collingwood have implemented measures to tackle nuisances such as littering, noise pollution, and obstructions. These regulations provide a framework for addressing public nuisance and protecting the well-being of residents.

In Bangladesh, the need for legislative action to criminalize public nuisance is evident. By defining and penalising acts that constitute public nuisance, the government can empower law enforcement agencies and judicial authorities to take action against offenders. This would involve amending existing laws or enacting new legislation to establish the elements of the offense, penalties for violations, and procedures for enforcement.

Key elements of such legislation would include demonstrating that the defendants conduct caused significant interference with public rights or property, that the interference was unreasonable, and that the defendant acted intentionally or negligently. Law enforcement agencies would be tasked with investigating complaints and bringing charges against offenders, while prosecutors would pursue criminal cases through the justice system.

It is essential to ensure that any new laws are consistent with principles of due process and proportionality. Defendants must have the right to a fair trial, legal representation, and the opportunity to present a defense. Additionally, education and awareness campaigns can help inform the public about the consequences of public nuisance and encourage responsible behavior.

In the realm of tort law, public nuisance stands as a legal concept delineating actions or circumstances that significantly disrupt the publics ability to utilize and enjoy public rights or property. This legal category is distinct from private nuisance, which concerns interference with an individuals personal enjoyment of their property. Public nuisance typically encompasses activities that impact a broad swath of people or the general public. In tort law, the response to public nuisance primarily revolves around seeking remedies aimed at halting the nuisance and compensating those adversely affected, rather than pursuing criminal penalties. Individuals or entities affected by public nuisance may be eligible for monetary damages to offset any harm or losses incurred due to the nuisance, which could encompass property damage, personal injury, loss of property use or enjoyment, or other economic detriments.

In the case of Sharif Nurul Ambia v. Bangladesh & others, Dr. Mohiuddin Farooque, acting as the Secretary General of BELA, petitioned the court, alleging that the construction of a multistory building by the Dhaka City Corporation (DCC) on land designated for a public parking lot under the RAJUK Master Plan was illegal and unauthorized. Dr. Farooque argued that this construction not only flouted environmental regulations but also jeopardized the residents right to a safe and healthy environment, as determined by the Department of Environment (DoE). The construction was believed to introduce hazardous pollution and obstructive elements such as air and light, impacting the well-being of the neighborhoods inhabitants.

This case underscore the critical role of legal mechanisms in safeguarding public welfare and environmental integrity. They highlight the need for robust enforcement of regulations to prevent activities that disrupt public well-being and infringe upon environmental standards. By holding accountable those responsible for public nuisances, whether through illegal construction or environmental degradation, legal avenues ensure the protection of communal rights and resources. It is imperative for authorities to heed such legal challenges and take proactive measures to mitigate public nuisances, thereby fostering a healthier and more harmonious living environment for all citizens.

Ultimately, addressing public nuisance requires collective action from both authorities and citizens. By treating public nuisance as a crime, Bangladesh can uphold public health, safety, and quality of life for all its residents. It is time to enact comprehensive legislation to tackle this issue and create a cleaner, healthier, and more peaceful environment for generations to come.

Establishing public nuisance as a criminal offense in Bangladesh presents an opportunity to equip law enforcement and judicial bodies with enhanced tools to tackle activities detrimental to public well-being. However, its imperative to approach this legislative endeavor with caution, ensuring that new laws adhere to principles of due process and proportionality.

The initial stride towards this goal necessitates legislative amendments or the enactment of new laws delineating and criminalizing behaviors constituting public nuisances. Such legislation would delineate the elements of the offense, prescribe penalties for violations, and outline enforcement procedures. Specific criteria would be established to establish criminal liability for public nuisance, including demonstrating significant interference with public rights or property, unreasonable interference, and culpable intent or negligence on the part of the defendant.

Responsibility for investigating public nuisance complaints and initiating charges against alleged offenders would fall on law enforcement agencies. Subsequently, prosecutors would pursue criminal cases through the judicial system

The writer is a Law Student, University of Asia Pacific



LATEST NEWS
MOST READ
Also read
This is right time to dismantle RAB
Beware of fireworks on the eve of new year 
Peace in Myanmar, region depends on lasting solution to Rohingya issue
What to do for physical and mental health 
Goodbye 2024: A year marked by new escalated conflicts
Accountability is a must-but how?
Comrade Moni Singh: A legend of sacrifice in politics
A better tomorrow with the awakening of 2024
Editor : Iqbal Sobhan Chowdhury
Published by the Editor on behalf of the Observer Ltd. from Globe Printers, 24/A, New Eskaton Road, Ramna, Dhaka.
Editorial, News and Commercial Offices : Aziz Bhaban (2nd floor), 93, Motijheel C/A, Dhaka-1000.
Phone: PABX- 41053001-06; Online: 41053014; Advertisement: 41053012.
E-mail: [email protected], news©dailyobserverbd.com, advertisement©dailyobserverbd.com, For Online Edition: mailobserverbd©gmail.com
🔝
close