Plastic pollution is one of the most pressing environmental issues in Bangladesh today. From clogged drainage systems in Dhaka to the once-pristine shores of Cox's Bazar now littered with single-use plastics, the crisis is everywhere. Yet, despite public awareness campaigns and government action, the problem persists. At the heart of this ongoing environmental threat lies a web of legal challenges that hinder effective enforcement and long-term change.
The Rising Tide of Plastic Waste According to a 2023 study by the Environment and Social Development Organization (ESDO), Bangladesh generates more than 800,000 tons of plastic waste annually, and only a fraction is recycled. Dhaka alone contributes about 646 tons of plastic waste every day. Much of this plastic ends up in water bodies, harming marine life and entering the food chain. The dangers are not just ecological-they are legal, social, and economic.
Bangladesh has several laws addressing plastic pollution, including the Environment Conservation Act, 1995 and the Plastic Waste Management Rules, 2021. These regulations ban the use of polythene bags below 55 microns and mandate Extended Producer Responsibility (EPR), requiring companies to take back and recycle plastic waste. However, enforcement is inconsistent. Although the legal framework appears strong, lack of proper execution, limited resources, and overlapping jurisdictions weaken its effectiveness on the ground.
Despite the 2002 ban on polythene bags, they are still widely used due to weak enforcement and monitoring. The Department of Environment lacks the manpower and infrastructure to ensure compliance. Corruption and bureaucratic delays further hinder implementation. Additionally, penalties for violations are too lenient to deter large-scale manufacturers. Experts argue that existing environmental laws are outdated and require urgent reform to reflect the severity and scale of the plastic pollution crisis.
Another major gap is the limited role of the judiciary in interpreting and enforcing environmental laws. While there have been some notable public interest litigations (PILs), such as BELA v. Government of Bangladesh, which sought action against unregulated polythene use, such cases are rare and slow-moving. The environmental courts, established under the Environment Court Act, 2010, suffer from low case disposal rates and lack of trained judges. Furthermore, legal proceedings are often inaccessible to common people due to high legal costs, procedural delays, and lack of awareness. This restricts community-level litigation, which could have otherwise played a crucial role in enforcement.
The National 3R Strategy (Reduce, Reuse, Recycle) and the National Environment Policy 2018 emphasize plastic waste reduction, but these policies often remain on paper due to poor coordination between agencies. For example, the Ministry of Industries and the Ministry of Environment often operate in silos, resulting in conflicting policies-one promoting plastic industries for economic growth while the other advocates for environmental protection. Moreover, the absence of a unified national database on plastic pollution impairs evidence-based policymaking. Without proper data, it is nearly impossible to measure the effectiveness of legal interventions or identify high-priority areas.
The legal framework fails to acknowledge the vast informal sector involved in plastic collection and recycling. Approximately 120,000 people, known as "waste pickers," are engaged in this work, yet they operate without legal recognition or protection. Integrating them into formal waste management through legal provisions could enhance plastic recycling rates and improve livelihoods, creating a win-win scenario.
International Legal Commitments Bangladesh is a signatory to several international environmental treaties, including the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes, and has pledged support for the UNEP Global Plastics Treaty under negotiation. However, translating these commitments into national legal reform remains a slow process.
To combat plastic pollution, Bangladesh must reform environmental laws by increasing penalties and clarifying enforcement authority. Strengthening environmental courts and training judges to apply principles like "polluter pays" is vital. EPR must be enforced rigorously to hold producers accountable. Public awareness and civil society engagement are crucial for sustained impact. Lastly, integrating informal waste pickers into the formal system through legal recognition and protection can boost recycling and promote environmental justice.
Plastic pollution is a silent threat that undermines Bangladesh's environment, economy, and public health. While laws exist, they are often toothless due to weak enforcement, outdated provisions, and systemic corruption. Legal reform, backed by political will and public participation, is the only sustainable path forward. Until then, the silent threat will continue to grow, hidden in the bags we carry, the rivers we pollute, and the rights we ignore.
The writer is an LLB student, World University of Bangladesh
