Rahanat Ara Jafar, Farhana Hoque, Shahriar Sakib Chowdhury
Abstract
In city planning, both infrastructure and landscape are inseparable parts. To make decisions on city planning, accountable authorities and users must participate equally. The lack of harmonious participation in the decision-making processes of both parties can lead to chaos or a state of conflict in urban life, which eventually turns into urban movements of general users to persuade the Government to reclaim their identity. The study introduces citizens’ rights to the City and the pivotal role of public participation in eliminating or slowing down unethical approaches in city planning when nature is interrupted. This research examines how the public, environmentalists, urban planners, and architects responded to the proposed construction of a 100-seat medical college, a nursing school, and a 500-bed hospital on six acres of property in the CRB (Central Railway Building) hill in Chattogram, Bangladesh. The CRB Hospital project will directly destroy the natural habitat for the 197 indigenous plant species in the CRB area, with at least nine endangered trees evolved over a hundred years and animals that are reliant on the resources that trees provide, which are labeled as ecocide and did not get the clearance of Environmental Impact Assessment(Rio-Declaration on Environment and Development). Besides, the residents of Chattogram voiced their displeasure, as CRB is not only a green landscape but also a place of nostalgia for the City’s cultural identity. Finally, the research would try to depict how a logical protest leads to receiving environmental clearance, as it would disrupt natural biodiversity.
Keywords: City Planning, Ecocide, Cultural Heritage, Urban Protest, Legal Rights.
1. Introduction
In recent times, urban citizens have shown interest in the decision-making for city planning. It takes place as a result of a fresh wave of activism that is manifesting itself in cities all over the world(Domaradzka, 2018). When local activists engage in urban politics and influence decision-making by legal means and active participation, urban activism has become an increasingly significant component of urban governance processes. According to Purcell, it has increasingly gained recognition as one of the critical components of sustainable and democratic urban development (Purcell, 2003).
The paper’s aim is to describe the critical role that citizen involvement plays in preventing or reducing the use of unethical city planning techniques. To this aim, it depicts a situation in Chattogram where a proposed construction decision of a hospital in the CRB (Central Railway Building) area reclaims environmental clearance because of a logical protest.
The CRB area is a beautiful natural location in the city. A number of century-old trees may be found throughout the hills, valleys, and hillocks surrounding CRB. The region is known as Chattogram’s oxygen hub and serves as a natural habitat for various wild animals, plants, and birds. In the morning and evening, people in the region go running, and many others visit CRB to get some fresh air. There are other cultural celebrations. Concerned citizens protested against the idea and voiced their disapproval of the development, centering CRB (Star, 2021).
The research focuses on how urban protests for the CRB area change ecocide planning decisions. It also attempts to acknowledge the importance of conserving nature. Overall, the outcome of the study is acknowledging the fact that claiming citizens’ rights logically can influence decision-making while city planning—consequently, a short overview of the fact that citizens’ urban activism varies in different contexts.
2. Methodology
The research uses a literature review from two different perspectives to conduct this study. Firstly, this study has been done with secondary data, which unfolds the history of city planning in terms of public participation or public protest through the urban planning perspective. In the second part of the literature review, we have explored the legal side of public involvement or protest based on our study area. Adopting a multi-methodological approach, we tried to compare some case studies to determine the outcome of raising voices. The input data in this study are facts, laws, and interviews published in newspapers, and views from planners on the importance of public involvement during city planning.Some factors were analyzed here as key elements for research, i.e., City planning, Public participation in decision making, Right to the city ~ Urban protest. Ecocidal planning is also being discussed in the process of research. All the factors justify both the stated part of the literature review. The conceptual framework [Figure:01] is given below.
3. Literature Review
3.1. City Planning
Throughout humankind’s history, the city has been the meeting place for people where humans from many cultures have come together in public spaces. Public space is an essential aspect of a good and well-functioning city. Old cities were constructed as people moved on their way to the limit of their eyesight utilizing the surrounding environment. First comes life, then the space around them, and lastly, the built environment; life, space, and development that’s the ultimate order for growth. In that manner, many great cities give rise to excellent infrastructure. City planning involves a whole interconnected system around humanity and focuses on the quality of life in cities, suburbs, towns, and villages. Many aspects including the environment, economy, culture and transportation, need to be addressed on people’s demands while planning a city. The city’s deficiencies need to be adapted and designed for the future from the perspective of empathy. Otherwise, city planning will become a nightmare for the city’s distant future.
3.2. Public Participation in Decision Making
“A good city is like a good party – people stay longer than really necessary because they are enjoying themselves.” ― Jan Gehl
Across the developing world, cities are expanding in size and number, dramatically raising the demand for affordable, rapid food supply for their increased urban populations. These phenomena act as the catalysts of the construction of roads and other infrastructure, resulting in the slow demise of nature. The projected length of increased paved roads is 25 million kilometersglobally from 2010 to 2050, equal to the global rotation of more than 600 times(Laurance, 2014)..Numerous infrastructure-related decisions need to be reviewed or improved.For instance, the total area of wilderness is rapidly disappearing across the planet, 70% of the world’s forests are found within one kilometer of a forest edge(Haddad, 2015),the rate of tropical forest fragmentation is sharply rising, and only 10% of the original intact habitat exists in half of the world’s biodiversity hotspots(Sloan, 2014). Many animal species are declining as the human population grows, particularly in the tropics, and protected areas are becoming more isolated and at risk of poachers and unlawful encroachment.To establish plural power in the urban planning scene, two diverse parties, including both official and unofficial ones, must be able to communicate with one another.Arguments in support of greater public participation frequently highlight the advantages of the process and the belief that engaged individuals are preferable to idle ones; Some of India’s best-known and most powerful recent movements arise from local grassroots interests, including many movements that are against externally imposed industrialization and forced displacement. These include Singur and Nandigram in West Bengal, the Kalinganagar, anti-Posco and anti-Vedanta movements in Odisha, and the anti-nuclear power station movements in Jaitapur, Kudankulam, and most recently at Mithi Vridhi in Gujarat(Padel, 2012). These and many other movements have in common opposition to takeovers of land and resources by corporations, ruthlessly introduced to local areas as in the national interest, yet locally perceived as undermining the highly evolved livelihood systems of communities rooted on the land(Padel, 2012).
3.3. Urban Protest
“Cities are humans’ shoddy attempts at making ecosystems.”
― Elliot Connor,Human Nature: How To Be A Better Animal
Urban development brings about enormous social, economic, and environmental shifts. Urban areas are the only places where the emergence of socially destructive processes is more obvious than anywhere else. These negative impacts mostly satisfy a few percentages of privileged communities while suppressing disempowered poor or middle class communities. However, it shouldn’t be surprising that some of the most prominent social disputes today are related to urban concerns and frequently revolve around socio-spatial demands and rights. Cities are increasingly being shaped by a profit-oriented logic, making them less livable and less tailored to the demands of their inhabitants (Domaradzka, 2018).Unofficial parties may hold protests to persuade the government to reconsider its plans in order to fix the absence of public participation in planning and decision-making processes. Some argue that these movements paved the way for the emergence of distinct civil society actors, most notably urban social movements or urban protests, which, according to Castells, serve as catalysts for change in the urban system(Domaradzka, 2018). According to Prujit(Pruijt, 2004) ‘Urban movements are social movements that aspire to give urban dwellers some measure of control over their urban surroundings. The constructed environment, the urban social fabric, and the local political system make up the urban environment’
In order to gain social legitimacy, modern urban movements seek a “Right to the City” and establish democratic, solidarity-based places rooted in local cultures. Mumbai city witnessed a significant civil society protest against the planned metro car-shed project in Aarey, a densely forested city region, in the latter part of 2019(Staff, 2020). The Mumbai metropolitan region development authority (MMRDA) seized a substantial percentage of the aarey forest to construct this shed. The primary source of dispute was the MMRDA’s eradication of up to 2000 trees in a single day(Staff, 2020). In the era of climate change, removal of greenery made environmentally conscious urban citizens anxious but eventually it took the form of an “Urban Protest”. Though the destruction of the metropolis’ green lung has already been done, the project eventually got scrapped on the grounds of controversy. And this event awakens the citizens to appeal for their right to the city.
4. Study Profile Area
The second-largest city in Bangladesh is Chattogram. The city has seen significant physical changes due to urbanization as a result of overpopulation(Robiul Hussain et al., 2016). One of the changes due to overpopulation is the lack of open space for its citizens(Jafrin & Beza, 2018) The study area, Central Railway Building (CRB), is an open public space which is situated in the heart of Chattogram City, which is surrounded by a highly dense civic area.
4.1. Physiographic Study of The Site Area
The study area, locally known as which stands for Central Railway Building (CRB), is located in the coordinate of 22°20’35” N latitude and longitude. It is located under Ward no 15, and according to the Detail area plan, it is under DPZ (Department of Planning and Zoning)-03(CDA, 2009)The zone includes areas constructed under British administration. The Military and Bangladesh Railway are the primary landowners at the location. The majority of the zone is made up of hills. Topographically This zone is divided into hills and valleys [Figure:02]. The total site area is approximately 174 acres(CDA, Detail area Plan, 2009). According to the Detail Area Plan 2009, all of the city’s hills will be subject to special controls and continue to be designated as “strategic open space.” The site is a protected area for culture, heritage, and the environment.
4.1.1. Land Use Mapping of The Site
The existing land use map shows that the site area is composed of different land use patterns in the figure 03. As per the land use Plan, the whole CRB area infrastructures are divided into two main parts: Government Buildings (residential, office, health and services) and infrastructure for public recreation (restaurants, shops, open plaza, social club, and many others). For instance, Commercial buildings are mostly restaurants. Besides, there are many open spaces for public gatherings, specifically a public plaza known as Shirish Tola [Figure:03(b)].
Other Significant amenities are social clubs and community facilities are The Chattogram Club, the Ladies club, and the Institution of Engineers Bangladesh (IEB) [Figure:03(a)]. In contrast, few religious buildings and hospitals serve the community. Also, a Dhaka-Chattogram rail track leads to the railway station on this site. No Industrial development is found in this zone.
This location is significant historically. The Central Railway Building (CRB) is located in Chattogram’s picturesque hilly region. There are staff quarters, lodges, a rest house, and bungalows for railway officials. In addition, the CRB houses a Sonali Bank branch, a police station, a post office, and a public restroom.
The site also has many public gatherings space, namely MA Aziz stadium, the outer stadium, Shishu park, The Zia Smriti museum, Hotel Radisson Blu, and a few commercial buildings. Major playgrounds, Polo ground field where exposure happens every year.
4.1.2. Circulation and Road Networking
The city can easily be reached from the site. The Ispahani circle from the north-west side, the Circuit House circle from the north-east side, the Tigerpass circle from the south-west side, and the Kodomtoli circle from the east side are four different intersections with which it has connected [Figure:04]. On weekdays, there is no traffic congestion on the interior road. On conventionally significant days (Pohela-Boishakh), however, there are restrictions on vehicular accessibility. The site’s internal road network is utilized not just for access to the site but also for passing through other locations.
The internal tertiary road network develops and preserves the topography that is depicted in the current land use plan [Figure:03]. Some portions of government buildings have limited public access because they are restricted areas. However, there is a shortage of adequate street illumination because many of the site’s areas are used as public gathering places.
4.1.3. Zoning and Stakeholders Activity
In the study area different activities has occurred in different zone. The zoning boundaries are marked in the Figure 05. People are mostly congregating in the public open zone, public commercial zone, and public recreational zone.Additionally, the Circuit House node is the most often used node point to reach the CRB region and among all accessibility node, CRB node is the most crowded one.
This location is used differently by different age groups[Figure:06]. The activities vary according to the days as well. Weekends saw the most traffic in the CRB zone. Also, residents who live near the railroad and in nearby residential areas, frequent use the area for recreation on a daily basis. On the other hand, the location transforms into a celebratory area during important occasions like Pohelaboishakh, Pohelafalgun, sports programs, and fair days.
4.2. Historical, Cultural and Traditional Value of the CRB
4.2.1. Historical Value
The British constructed several structures during their rule to aid in their administrative duties; one of the few structures still standing that chronicles Chattogram’s 200 years of British colonial control is the Central Railway Building (CRB). The location has the name of the structure. Before India was divided into two countries in 1947, the British seized the administration of Chattogram from Nawab Mir Qasim in 1760. CRB is one of the British-constructed structures to facilitate their administrative tasks during their rule. Recently, it has served as the general manager of Bangladesh Railway’s administrative headquarters. One of the earliest structures in the port city, the building was finished in 1872(CDA, Detail area Plan, 2009)(Star, The Daily Star, 2015).
From to railroad sources, the building was once a two-story construction with 34 rooms on the ground floor and 33 on the first. The southern half was expanded to a three-story building, while the eastern and northern portions were expanded to a four-story building in 1918. The structure is organized into various departments, including administration, engineering, estate, and audit, and it resembles a massive labyrinth with numerous rooms, halls, spiraling stairs, domes, and porticoes(Tribune, Dhaka Tribune, 2020).
During the Liberation War in 1971, the aerial bombing caused damage to a part of the building; nonetheless, it was restored using the original design. In the center of the old building’s south block is a two-story carriage porch with two gorgeous gothic arches. The inside of the building has a foyer with a hemispherical dome on top. Additionally, the previous structure contains a tower in the southwest corner with a spiral stairway and a tiny dome reminiscent of Mughal architecture. The structure displays Chattogram City’s scenic beauty and British colonial architecture(Star, The Daily Star, 2015).
The historian Shamshul Hossain, author of “Eternal Chattogram,” a book about the history of Chattogram, and former Chattogram University Museum curator said about the structure, “The historical building is not in good shape. Rainwater leaks through the roof in some places of the building. We should protect the building for the progeny”.However, the archeology department has not yet designated the historic structure as protected. The government may publish an official gazette designating any antiquity as protected following the Antiquities Act 1968 [amended in 1976] (Tribune, Dhaka Tribune, 2020).
4.2.2. Cultural And Traditional Value
The site has its own traditional and cultural values. Bengali people celebrated their traditional days (Victory Day, Pahela-Falgun; the first day of Spring, Independence Day, Pahela-Baishakh) here. Every year, Chattogram City’s Pahela-Baishakh celebrations take place in the nearby CRB Shirish Tala, which serves as a focus of celebration for festivals. On the event of the first day of the Bangla calendar, hundreds of people congregate here to watch the Bolikhela[wrestling match] (Tribune, Dhaka Tribune, 2020). For all those reasons, this area is the most vibrant in terms of culture.
Every day, especially in the afternoon, a large number of visitors are drawn to the old building due to its incredible architecture and serene atmosphere. The building is set against a beautiful backdrop of surrounding hills covered in various flowering trees(Tribune, Dhaka Tribune, 2020). In addition, on every vacation or religious festival day, the site is used as a recreational space for the public. Furthermore, finding sizeable open space in the middle of the city is hard. So, the space is considered a breathing space for every citizen. On the other hand, there is much green, especially plants that produce wood. The space is the hope for the city to hold heritage, cultural life, traditional value, and green.
5. Protest and Triumph over Ecocidal Planning
A contract between Bangladesh Railway and United Enterprise Ltd for the construction of a five hundred beds multi-specialized hospitals and a Hundred seats medical colleges in Chatoogram’s CRB area, which is a heritage site recognized by the Chattogram Development Authority (CDA), was signed in March 2020 (Tribune, Dhaka Tribune, 2021).. The choice will be harmful to the ecosystem. Citizens of Chattogram, therefore, have a justification for protesting the coming ecocide (Star, The Daily Star, 2021).
The citizens of Chattogram protested against the ecocidal planning and raised their voices against it, eventually succeeding. Several groups, including the Bangladesh Environmental Lawyers Association, the Bangladesh PoribeshAndolon and Association for Land Reform and Development, Nijera Kori, and the PoribeshBachaoAndolon, have sent legal notices to the responsible authorities and demand to declare CRB a “special biodiversity conservation area” following the law. Ecocide law is demanded by a Bangladeshi panel to safeguard the environment.The Chattogram divisional coordinator of Bangladesh Railway ShramikKarmachariSangram Parishad, SK Bari said, “We are not against building a hospital, but we are opposing the decision to build it at that location,” (Star, The Daily Star, 2021).
To make ecocide a crime under domestic law, the Ministry of Environment, Forests, and Climate Change suggested establishing a new legal framework. Saber Hossain Chowdhury, the committee chairman, said: “Just as genocide is treated as a crime, the destruction of an ecosystem also warrants the same treatment. This is because, without an ecosystem, none of us can survive”(bdnews24, 2021).
Dr. Mahafujur Rahman, the liberation warrior, and CRB RokkhaMoncha convener, said, “We are continuing the agitation to save CRB which is a heritage declared by Chittagong Development Authority.” (Express, 2021)
Teachers and former and current students of Chittagong University’s Fine Arts Institute protested the building of a hospital at the CRB by painting pictures. “People usually do not live without a functioning lung. CRB is exactly the place known as the lungs of the entire city’s fauna” (Tribune, Dhaka Tribune, 2021).
Chief Engineer Kazi Hassan Bin Shams of the Chittagong Development Authority (CDA) stated: “CRB falls under the protected area category as a Heritage Zone. There are policies that do not allow any commercial establishments in the CRB area” (Tribune, Dhaka Tribune, 2021).
. However, Kumira has been suggested as a replacement by the Parliamentary Standing Committee on the Ministry of Railways. Hearing the alternate site suggestion, Prof Anupam Sen, president of CRB Protection Movement and vice-chancellor of Premier University says, “This proposal is the result of a long-running movement”(Tribune, Dhaka Tribune, 2022).
6. Verses of Legislation Vs Ignorance
6.1. Ecocide And Degrading Environmental Factors
Without healthy ecosystems, life on Earth cannot continue.The destruction of trees impacts the food chain necessary for human survival by reducing the biodiversity in the area.Natural disasters like hurricanes, tornadoes, and heatwaves are becoming more frequent and severe due to global warming, damaging nearby cities and developing nations and mandating tremendous efforts to construct and sustain functional areas(Readfearn, 2022).
Ecocide is frequently committed to making places for urbanization or new industrial locations far less significant than forests, fertile soil, and clean water sources.Climate change and catastrophic events are already producing environmental emergencies, and ecocide exacerbates the effects of Mother Nature’s neglect. The industrialization and exponential development of the human population are to blame for this disregard.(Safdie, 2022).
6.2. EIA And Other Provisions
Before deciding to move forward, the Environmental Impact Assessment (EIA) evaluates the ecological implications of a plan, policy, program, or project. EIA is typically used to assess ongoing initiatives by people or businesses(Ekhlas Jasim Resen, 2023).
An assessment under EIA aims to ensure that decision-makers consider a project’s potential environmental impacts before deciding whether to move forward with it. Before making significant choices and commitments, the International Association for Impact Assessment (IAIA)((IAIA), International Association for Impact Assessment, 1999) describes EIA as detecting, anticipating, analyzing, and neutralizing the physical, social, and other relevant effects of development projects.(Viola M. Bruschi, 2018)Environmental impact assessment (EIA) standards for water-based growth initiatives were implemented throughout Bangladesh in 1992. In 1995 and 1997, respectively, the nation created its laws and regulations (Momtaz, 2002).All significant donor organizations with operations in Bangladesh have implemented strict EIA rules. However, supervision needs to be given more attention, and donor agency criteria play a significant role in effectively implementing EIAs. The framework to guarantee adequate EIA is also insufficient, and there needs to be more collaboration among the numerous entities engaged in environmental decision-making processes (Momtaz, Environmental impact assessment in Bangladesh: A critical review, 2002).
For any suggested operations expected to cause significant adverse effects on the natural environment, the national government ought to evaluate the environmental impact, according to the 17th principle of the 1992 Rio Declaration. As a result, EIA is a vital process that must be carried out before beginning any construction activities in ecologically vulnerable places, like Bangladesh’s Chattogram Hill Tracts. Bangladesh must adhere to this rule because it is a signatory to the Rio Declaration (Okwuchukwu, 2019).
According to Mufidul Alam, the director of the Department of the Environment ( DoE ) (Chattogram Division), the project’s environmental impact assessment request still needs to be submitted to the department (Najifa Farhat, 2021).Furthermore, after devoting much effort, they could not submit an EIA for the CRB project or a positive response from the relevant authority authorizing the project’s continuation.
6.3. Domestic Law Perspective
The people of Chattogram have always greeted blossoming endeavours by the State and co-operated wholeheartedly. Here the issue in question is not the undertaking but the area specified for the project enactment, i.e., CRB, which is metaphorically anointed the lung of Chattogram. The People of Chattogram have used their constitutional entitlements, particularly the freedom of assembly guaranteed by Article 37 of the People’s Republic of Bangladesh Constitution(Bangladesh, 1972). Under acceptable limits set by legislation for the betterment of public order or health, this provision permits citizens to congregate and participate in nonviolent public gatherings and processions.Because the CRB hospital project will harm the natural environment, the right of individuals to express their disapproval is fundamental and essential.
Notwithstanding worries about potential damage to the ecology and its very nature, the Bangladesh Railway has firmly endorsed the construction of a healthcare facility and medical institution at CRB, Chattogram(Shilpi, 2021).It additionally criticized the negative press coverage of the hospital’s construction. Nevertheless, it should be emphasized that the location has become an official national monument and was previously recognized by the CDA as a heritage or archaeological site. Therefore, any growth plans should not endanger the environment because they would have significantly less of an influence than they would on the ecosystem.
The safeguarding of all national monuments is guaranteed under Article 24 of the Bangladeshi Constitution(Bangladesh P. R., 2012), which also orders the State to take action to avoid their desecration, harm, or destruction. This clause applies to the CRB site in Chattogram, a national landmark and historical location. Hence, it has become the responsibility of the governing body to protect this area and stop the suggested construction project from destroying it.The proposed development has also infringed Articles 18A, 24, and 32 of the Bangladeshi Constitution(Bangladesh P. R., 2012). The residents of Chattogram consider the CRB, thanks to its luxuriant flora, to be a source of life and are opposed to the greed-driven, ecocidal construction proposal. Any plan to proceed with the project while ignoring these legal requirements would be unconstitutional.
6.3.1. The Wildlife (Conservation and Security) Act, 2012
The CDA has recognized the Chattogram Railway Building (CRB) Area as a site of heritage or historical significance that necessitates “protection and conservation for historical, architectural, environmental, or ecological point of view” and serves as an important symbol of the colonial era.The State must safeguard and preserve natural assets such as wetland areas, wildlife, forests, and ecological diversity for generations to come, as stated in Article 18A of the Bangladeshi Constitution (Bangladesh P. R., 2012), which relates to the preservation and enhancement of the natural environment and biodiversity. The declaration of a human right to specific ecological circumstances is an environmentalright(Ahmed, Conservation of ECAs, 2017).
The Government of Bangladesh passed the Wildlife (Conservation and Security) Act, 2012(Bangladesh P. R., 2012)to safeguard and preserve forests, wildlife, and biodiversity(Islam, 2022). The primary piece of legislation in Bangladesh for preserving nature and biodiversity has emerged as this Act. A Wildlife Advisory Board comprised of specialists in protecting the environment, forests, and wilderness may be created by the governing body under Section 3(1)(Ahmed, Revisiting the Wildlife Preservation and Security Act, 2012, 2018). The Board is tasked with evaluating the status of preserving biodiversity, nature, and forests and offering recommendations under section 3(2). While sections 7, 8, and 9 address the detection of fragile, threatened with extinction, and severely threatened species, the eradication of wild creatures, and the scattering of wild animals, section 6 forbids the acquisition of wild animals and plants.Under the rules in the Wildlife Act of 2012 (Bangladesh P. R., 2012)CRB is categorized as a region including forest, natural features, wildlife, threatened species, and animals.In addition, building a hospital project by destroying serenity violates several provisions of this Act.
6.4. International Law
Though no international legislation codified against ecocide, several nations accepted the initiative and began formulating stringent statutes against it. Vietnam was the only nation to codify a National Ecocide Law in 1990.
Additionally, nations including Georgia, Armenia, Russia, Ukraine, Belarus, Ecuador, and Tajikistan have made ecocide a crime. Making ecocide a global offense is a difficult but uncomplicated procedure. Any of the 123 member countries may submit a law-making proposal to the Assembly in December 2022 to change the Rome Statute (Hasan, 2022).
In the Republic of Bangladesh, a legislative board headed by Saber Hossain Chowdhury recommended that the government declare ecocide, comparable to genocide which is subject to the law (Hasan, 2022).Bangladesh has already started an anti-ecocide initiative, and development initiatives must now be more lush, inclusive, and resilient to climate change.By highlighting the need to stop the enormous environmental destruction, the crime of ecocide would raise the magnitude of ecological harm. Therefore, no one must ignore this massive act of environmental and climate catastrophe. The Rio Declaration’s Principle 3(Nations, 1992) stipulates that the nation-state shall equally implement the right to development to address the ecological and developmental demands of future generations. The principle suggests that every development initiative should be carried out after considering what will be left for the following generation instead of just the current one.The environment has already suffered from global warming, so we must exercise greater caution and adopt protective measures; otherwise, we would be engraving the graveyard for the future generation and violating another law.
According to the Rio Declaration’s 4th Principle (Nations, 1992), safeguarding the environment must be a crucial component of all developmental activities to achieve sustainable growth and cannot be addressed separately. Therefore, during any development project, the Government must protect the atmosphere or environment of that place from the start to the beginning at all times as a priority and not obliging it will violate this provision.
6.5. Awareness ~ Legal Rights
Socialization sets the stage for environmental protection and management.Along with publicizing environmental regulations, the government must put them into action through supervision and fines to raise industrial parties’ understanding of the need to abide by the law and for the general public to gain their legal rights to healthy environmental standards.The Supreme court should issue orders encouraging environmental education and awareness across the nation. It opens the door to introducing ecological/constitutional education, not just in the classroom but also at colleges(Johnson, 2020).Recently, the state and its citizens have been under the fundamental duty and responsibility of protecting and improving the environment, as we saw in the CRB incident at Chattogram. Everyone, including the Government, should be obligated to safeguard the flora and fauna while having a civic insight towards the climate. Bangladeshi democracy depends on the welfare of its people, and active participation must not lead to submission to monocracy, which will damage the environment and create ecological imbalance. Positive judicial and legal initiatives are required to revitalize the field of environmental law despite its adversarial problems(Johnson, 2020).
7. Cases On Conflicts
Some cases from the past protests and conflicts are listed down on the above Table 1 to give a comparative view on how protests put pressure on imposed proposals which will harm the citizen’s wellbeing. But not all the cases are successful as the cases stated above. Incidents like Chernobyl showed the biggest nightmare in mankind’s history as people weren’t aware at the right moment about their legislative rights as they’re ignorant about the immeasurable effect of nuclear station. Selfish insensitive planning decisions and their aftermaths are evident in human history with the uncountable loss of human, wildlife and many more.Locals battling to safeguard wetlands in coastal Andhra Pradesh or those organized by the Bhoomi Sena in Maharashtra against the projected bullet train may not be driven by concerns about climate change but rather a desire to maintain control over their lands, other resources, and means of subsistence. However, their struggles both directly and indirectly address climate change(Adve, 2019).
8. Discussion and Recommendation
Urban planning revolves around social, economic, political aspects of any city. Whenever any development is processed, it holds a promise too rarely or unequally fulfilled of real change for the better. We seem to accept that power play in developments is main key while it is leveled as corruption in decision making. Three aspects need to be checked while citizen’s demand is addressed by reevaluating any planning project in three steps that is to include Urban, Climate or relevant experts in decision making, then to open the floor for public trial, hence combining all the reports for feasibility of following projects. We need to put more focus on constitutional gadgets that enforce laws and legislations. If we delve deeper into the matter, we can see that there are restrictions on hill cutting, but the penalty fee or amount for violating the hill cutting laws is not justified. Due to the lack of proper scrutiny, beneficial stakeholders tend to find loopholes in the law. According to Bangladesh National Building Code 2008, approval and amendment fee for hill cutting is BDT 30,000/- per bigha. However, there are certain parties who are exploiting this regulation by fraudulently cutting hills and then seeking an amendment, thus allowing them to pay the penalty and repeat their illicit actions. Shockingly, the responsible authorities appear to be oblivious to these despicable acts, and this lack of action is only emboldening more individuals to partake in such nefarious activities. We have seen that protests do not always yield the expected results from the discussed cases. However, they serve as a potent reminder that the public is vigilant and will not tolerate any form of destruction. Moreover, the active involvement of citizens serves as a means to keep officials accountable for their actions, ensuring that they act in the best interests of the people they serve. Protest is always the last step of citizen’s anguish. As a concerned citizen, it is crucial to take action to prioritize the protection of the environment in reclaiming the city’s rights.This can be achieved through educating the public on sustainable practices and encouraging mindful actions. In addition, laws must be put in place to prevent harmful planning practices that damage the environment. Using unsustainable methods and chemicals in construction and development projects must be prohibited with proper scrutiny.Hefty fines and penalties should be imposed on individuals and companies that engage in activities that harm the environment. They should have some guidelines for protest if it’s inevitable, Protestors must have a concise message, maintain a peaceful approach, exercise discretion on social media, assemble a legal team, and demonstrate respect towards law enforcement. They must collaborate to guarantee that their protest is effective and secure.
9. Conclusion
We have laws, legislations, but on most of the instances, we can see the ignorance of general people, as they are least aware about their own rights. Always law cannot save the humankind if it is unknown. Public participation does not justify the illogical demand, but it can always cut the litigation cost and increase probability of sustainable solutions as it creates accountability and belongingness among citizens.A well-known Indian case, MC Mehta v. Union of India 1987, AIR 1086, emphasized the importance of establishing initiatives such as developing human conduct in accordance with legal standards.Our government should take necessary steps to ensure that people understand how vital it is to conform their behavior to legal obligations.The judicial system might also mandate radio stations, websites, newspapers, and television stations to broadcast environmental awareness campaigns. The Supreme Court can also state that every district and the educational board should promote and facilitate environmental education.
References
(IAIA), International Association for Impact Assessment. (1999). International Principles for Social Impact Assessment. International Principles for Social Impact Assessment.
Adve, N. (2019, September 26). How the Climate Justice Movement in South Asia Took a Big Step Forward Last Week. The Wire .
Ahmed, A. (2017). Conservation of ECAs. The Daily Star .
Ahmed, A. (2018). Revisiting the Wildlife Preservation and Security Act, 2012. The Daily Observer .
Assessment, “. o. (1999). Principle of Environmental Impact Assessment Best Practice. International Association for Impact Assessment.
Bangladesh, P. R. (1972). Article 37, Freedom of Assembly, The Constitution of the People’s Republic of Bangladesh.
Bangladesh, P. R. (2012). The Wildlife (Conservation and Security) Act, 2012 (No. XXX). People’s Republic of Bangladesh.
bdnews24. (2021, June 20). bdnews24. Retrieved from https://bdnews24.com/: https://bdnews24.com/environment/2021/06/20/bangladesh-panel-calls-for-ecocide-law-to-protect-environment
CDA. (2009). Chattogram Development Authority (CDA). Retrieved from https://old.cda.gov.bd/: https://old.cda.gov.bd/dt_gallery/location-of-dpz/dpz-03/
CDA. (2009). Detail area Plan. Chattogram: Government of Bangladesh.
Domaradzka, A. (2018). Urban Social Movements and the Right to the City:. VOLUNTAS: International Journal of Voluntary and Nonprofit Organizations volume 29 , 607–620.
Ekhlas Jasim Resen, M. A. (2023). Environmental Impact Assessment for Industrial Organizations Using Rapid Impact Assessment Matrix. Ecological Engineering & Environmental Technology (EEET) .
Express, T. F. (2021, August 24). The Finacial Express. Retrieved from https://thefinancialexpress.com.bd/: https://thefinancialexpress.com.bd/national/country/voices-against-crb-hospital-project-get-louder-1629773603
Global Energy Monitor.wiki. (2022, June 14). Sampur Power Station.
Haddad, N. M. (2015). Habitat fragmentation and its lasting impact on Earth’s ecosystems. Science advances, 1(2) , e1500052.
Hasan, T. (2022, February 16). Retrieved from The Business Standard: https://www.tbsnews.net/thoughts/why-it-necessary-include-ecocide-rome-statute-371569
Islam, M. Z. (2022). Appraisal of domestic and international legal institutions for promoting wildlife conservation in Bangladesh. Springer Link .
Johnson, J. (2020). Need for reforms in environmental law. iPleaders .
Laurance, W. F. (2014). A global strategy for road building. Nature , 229-232.
Momtaz, S. (2002). Environmental impact assessment in Bangladesh: A critical review. academia.edu , 1-3.
Momtaz, S. (2002). Environmental Impact Assessment in Bangladesh: A Critical Review. Environmental Impact Assessment Review, Volume 22, Issue 2 , 163-179.
Najifa Farhat, P. B. (2021, July 20). Retrieved from Dhaka Tribune: https://archive.dhakatribune.com/bangladesh/nation/2021/07/20/crb-hospital-project-unlikely-to-get-environmental-clearance
Najifa Farhat, P. B. (2021). Najifa Farhat, Pimple Barua. Dhaka Tribune.
Nations, U. (1992). Rio Declaration on Environment and Development. United Nations.
Okwuchukwu, B. (2019). Analysis of Some of the International Environmental Principles and Their Relevance to Nigeria’s Quest for Environmental Security. The International Institute for Science, Technology and Education (IISTE) .
Padel, F. (2012). Social Movements: Reformulating Development to Promote Grassroots Democracy – A R Desai Memorial lecture. Indian Sociological Society conference. Udaipur.
Pruijt, H. (2004). The impact of citizens’ protest on city planning in Amsterdam. In W. S.-T. L. Deben, Cultural Heritage and the Future of the Historic Inner City of Amsterdam (pp. 228-244). Amsterdam.
Readfearn, A. M. (2022). State of the environment: shocking report shows how Australia’s land and wildlife are being destroyed. The Guardian .
Renée A. Irvin, J. S. (2004). Citizen Participation in Decision-Making: Is it Worth the Effort? Public Administration Review, Volume64, Issue1 , 55-65.
Safdie, S. (2022). Ecocide: Definition and Examples. Greenly.resources .
Shilpi, S. I. (2021). Should a hospital come at the cost of ruining lungs of Chattogram? United News of Bangladesh (UNB).
Sloan, S. J. (2014). Remaining natural vegetation in the global biodiversity hotspots. Biological Conservation , 12-24.
Staff, F. (2020, October 12). Firstpost. Retrieved from https://www.firstpost.com/india/aarey-controversy-how-proposal-for-mumbai-metro-car-shed-in-green-lung-spawned-political-battle-8904391.html
Star, T. D. (2015, November 20). The Daily Star. (M. Uddin, Editor) Retrieved October 10, 2022, from https://www.thedailystar.net/: https://www.thedailystar.net/star-weekend/heritage/the-symbol-chittagongs-colonial-history-174856
Star, T. D. (2021, July 20). The Daily Star. (M. R. Uddin, Editor) Retrieved from https://www.thedailystar.net/: https://www.thedailystar.net/views/opinion/news/ecocidal-project-crb-chattogram-greed-over-green-2134111
Tribune, D. (2020, March 10). Dhaka Tribune. (A. Hossain, Editor) Retrieved October 11, 2022, from https://archive.dhakatribune.com/: https://archive.dhakatribune.com/bangladesh/nation/2020/03/11/central-railway-building-blend-of-british-colonial-architecture-and-scenic-beauty
Tribune, D. (2021, July 20). Dhaka Tribune. (P. B. Najifa Farhat, Editor) Retrieved from https://archive.dhakatribune.com/: https://archive.dhakatribune.com/bangladesh/nation/2021/07/20/crb-hospital-project-unlikely-to-get-environmental-clearance
Tribune, D. (2021, August 12). Dhaka Tribune. Retrieved from https://archive.dhakatribune.com/: https://archive.dhakatribune.com/bangladesh/chittagong/2021/08/12/artists-protest-against-crb-hospital-by-painting
Tribune, D. (2022, May 11). Dhaka Tribune. Retrieved from https://www.dhakatribune.com/: https://www.dhakatribune.com/nation/2022/05/11/parliamentary-committee-for-alternative-site-to-crb-for-chittagong-hospital
Viola M. Bruschi, P. C. (2018). Geoheritage, Chapter 14 – Geoheritage and Environmental Impact Assessment (EIA). ScienceDirect , 251-264.
About the Authors
Rahanat Ara Jafar is a highly motivated individual who combines her passion for education, research, and social advocacy to create a harmonious blend of architecture and humanitarianism. Currently serving as an assistant professor in the Department of Architecture at the Chittagong University of Engineering and Technology, she is known for her research on the “Handloom Community of Bangladesh,” which earned her accolades during her B.Arch thesis. Rahanat’s commitment extends beyond academia as she actively engages in social projects and volunteers for slum children’s education. Rahanat is a dedicated member of the Bangladesh Youth Leadership Center and a Campus Ambassador for Campaign Red Works, which significantly impacts various domains. She’s studying for a Master’s in Architecture with a holistic approach at Bangladesh University of Engineering & Technology. Rahanat’s publications range from urban protests to innovative homestead designs, demonstrating her commitment to reshaping societal narratives through architectural insights.
Farhana Hoque, an architecture graduate from Chittagong University of Engineering and Technology (CUET) is an academician whose fields of study have been linked to sustainable community development and urban design, particularly in the theme of waterscapes. At present, she is employed as a lecturer at Leading University, Sylhet, Bangladesh. However, apart from working as an academician, she is actively involved in social and volunteer work. In 2022, she received a grant from the British Council for her research work. She also participated as a speaker in a panel discussion session on the topic of “Women in Innovation and Technology” at the Women in Leadership Summit 2023. Farhana is an optimistic individual who believes that any function could be resolved by analysis and investigation, as depicted in her work.
Shahriar Sakib Chowdhury, a passionate advocate for positive change, embarked on a transformative journey from a young age. At 16, he collaborated with Better Future Bangladesh, witnessing the profound impact of collective efforts. Inspired by the visionary Bangabandhu Sheikh Mujibur Rahman, Shahriar joined the Bangladesh Student’s League, honing leadership skills and fostering connections. Active in various university clubs and organizations, including mooting, debating, and cultural clubs, he showcased a commitment to continuous learning. His leadership extends to advocacy for socialization and humanitarian efforts. Shahriar, a distinguished participant representing his country in the International Round and securing the 6th spot among the oralists in the national round of the Philips C Jessup International Moot Court Competition, authored profound Legal Research Papers, notably exploring Predatory Pricing Practices in Bangladesh. In his LLM journey, he weaves the threads of his life’s narrative into a canvas of experiences, continuously striving for excellence.
