Protecting Bangladesh's Ecosystems through Public Interest Litigation
Author: Md. Humaun Kabir, Mirza Md. Abu Raihan*
Apprentice Lawyer, Dhaka Judge Court, Bangladesh.
Published Date: 2024-08-09
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Keywords: Public interest lawsuits, Bangladeshi legislation, The law of the land, Fundamental freedoms, Activist judges, The highest court in the land, Essential liberties, Environmental problems, Judicial disputes.
Abstract:
The premise that humans are inherently social gives rise to the relatively recent concept of public interest litigation (PIL) in Bangladeshi law. Disputes involving rights violations or complaints regarding subjects of public interest are the primary focus of public interest litigation (PIL), a branch of constitutional law. On matters of great national importance, regular people can now submit brief legal arguments to the Supreme Court in this way. One powerful tool for judicial activism that upholds human rights and the rule of law is public interest litigation (PIL). It is a fundamental part of the law in Bangladesh. In spite of the challenges, the court is vital in safeguarding basic rights and guaranteeing fair treatment of the state and its citizens in the application of the law. This remains valid, notwithstanding the potential problems. In order to maintain uniformity and provide guidance, the legislative branch seeks the advice of the judiciary. However, the present administration's recruiting practices and the judicial corps' dedication to the standards that regulate their respective professions offer hope for limiting the court's radicalism. Decisions that are rational but nonetheless contentious may be handed down by judges in Bangladesh who are not swayed by political parties. People now expect the courts to deal with environmental issues because the right to life has been broadened to include protection of the environment. To that end, this essay will examine certain cases heard in Bangladeshi courts that illustrate the role of public-interest litigation in bringing about justice.
