Learning Outcome: After completion of this lesson students will - a) learn about the concept of Ecologically Critical Areas, b) be informed about the measures taken by DoE in protecting the ECAs c) be informed about judicial activism relating to ECAs in Bangladesh

1. Protection of Biodiversity
in Bangladesh
Preeti Kana Sikder
Assistant Professor
Department of Law & Justice
Jahangirnagar University

2. Current Situation of Bio Diversity
and Eco System in Bangladesh
According to the 2016 IUCN Red list of Bangladesh, 31 species
are extinct and 390 others are threatened with extinction
among 1619 species of seven wildlife groups in Bangladesh

6. River Dolphin found dead after being
tangled in fishing net (2019)

7. Ecologically
Critical Area
Section 2 (gg)

8. Prohibited Activities
• Felling or collecting trees
• Hunting
• Catching or killing wildlife
• Industrial Establishment
• Fishing
• Other activities that might affect fish or
aquatic life
• Any activity that could destroy natural
characteristics of soil or water

9. What is ECA?
An area being enriched
with unique biodiversity or
being environmentally
significant, which needs
protection from
destructive activities or
conservation

10. Declaration of Ecologically
Critical Area
Section 5 – Activities or
processes that can not be
continued or initiated

11. Document of Declaration of
Ecologically Critical Area
Boundary
Map of the
Area
Legal
Description

12. Declaration of Ecologically
Critical Area
Rule 3: Factors for consideration

13. RULE 3 of BECR, 1997
• Human Habitat
• Ancient Monument
• Archeological Site
• Forest Sanctuary
• National Park
• Game Reserve
• Wild Animals
Habitat
• Wetland
• Mangrove
• Forest Area
• Bio diversity of
relevant area
• Other factors

14. Declared ECAs
• The outside of Sundarbans Reserved Forest at 10 km
extent (Bagerhat, Khulna, Saatkhira)
• Cox’s Bazar (Teknaf, Sea Beach)
• St. Martin’s Island (Cox’s Bazar)
• Sonadia Island (Cox’s Bazar)
• Hakaluki Haor (Maulavi Bazar)
• Tanguar Haor (Sunamganj)
• Marjat Baor (Jhinaidah)
• Gulshan Baridhara Lake
• Buriganga, Balu, Turag and Shytalakxya including foreshore
area
• Halda River (in 2017)

15. 1. BELA v Ministry of Land and ors
(W.P. 4286 of 2003)
• The petitioner moved the writ before the HCD
seeking special protective measures to protect
and conserve the 4916 hectres of Sonadia Island
as ECA.
• The petition stated that the mangrove forest of
the said land area has special ecological
significance in protecting and preserving the
char land of Sonadia island from erosion and
also to save the people living nearby from being
inundated and swept by tidal bore during
natural disasters.

16. 2. BELA v Bangladesh and ors
(W.P. 2224 of 2004)
• The HCD issued a Rule Nisi upon the
Government to show cause as to why the
setting up and implementation of Adarsha
Gram Project should not be declared to have
been undertaken without any legal effect.
• Pending hearing of the Rule, the court also
stayed the implementation of the project and
issued injunction restraining Ministry of Land
from carrying out any settlement activities
toward settlement of any person in the ECA of
Sundarbans.

17. 1. BELA v Ministry of Land and ors
(W.P. 4286 of 2003)
• HCD issued a Rule Nisi calling upon the Ministry
to show cause as to why they should not be
directed to undertake special protective
measures as required under Section 5 of BECA
as declared vide Gazette notification dated 19
April 1999.
• Further the court stayed the granting of lease
or otherwise tampering with the 4916 hectres
of Sonadia island.

18. 2. BELA v Bangladesh and ors
(W.P. 2224 of 2004)
• Petitioners sought special protective
measures to protect and conserve the
9285.15 sq kilometres of Sundarbans as
ECA.
• The petition stated, the land area was
being grabbed by the Ministry of Land for
unlawfully implementing its project
despite severe protests even from the
Forest Department.