In the ‘landmark’ decision issued on Sunday, the court also declared that any persons who encroach on rivers will be barred from contesting in elections and receiving loans.
It also instructed the government to amend existing laws and assign ‘harsh punishments’ to offenders so that the river conservation commission can play a significant role in protecting water bodies.
In addition, the court ordered the release of a list of those who have encroached on water bodies and built illegal constructions, the formation of a digital database of the country’s water bodies through satellites and regular awareness raising programmes at all educational institutions and factories in the country.
The High Court bench of Justice Md Moinul Islam Chowdhury and Justice Md Ashraful Kamal issued the historic decision on a case over the conservation of the Turag River.
An investigation committee had submitted a list of the names and organisations of encroachers on the Turag River to the High Court after it heard the petition from Human Rights, Peace for Bangladesh. The individuals and institutions named were later made a party in the case.
The court announced its decision in the case on Wednesday after hearing arguments. That day it declared the Turag River a ‘legal person’ or ‘juristic person’, and would thereafter apply to all rivers in the country, lawyers for the petitioners said.
According to the law, there are two types of individuals – natural persons and legal persons. A ‘legal person’ is entitled to special rights under the law.
Living people are granted certain rights under the constitution. By declaring the river a ‘living person’, the court has extended similar rights to the water body.
Though the decision in the case was announced on Thursday, the court requested more time to ensure that its orders did not clash or contradict any existing laws. It then issued the full verdict on Sunday.
bdnews24.com
