Whither the new law on protection of water bodies?

Considering the importance of the water bodies in our lives, the environmentalists, the civil society members and the media have come out with their protests against destruction of water bodies across the country, particularly in and around Dhaka city, and demanded enactment of a tough and comprehensive law to protect water bodies. But so far their protests and demand have gone in vain

According to information available from some studies, different types of water bodies, also known as wetlands, and their areas in Bangladesh include: rivers (7497 sq km), estuaries and mangrove swamps (6102 sq km), beels and haors (1142 sq km), inundable floodplains (54,866 sq km), Kaptai lake (688 sq km), ponds (1469 sq km), baors (55 sq km), and brackish-water farms (1080 sq km). The total area comes to 72,499 sq km, which is about 50 percent of the total land surface.

Eminent water experts have revealed that out of 230 big and small rivers of Bangladesh, 13 have been lost from the country's topography in the past several decades while 7 more are on the verge of their death as reckless human interventions have been killing the streams physically and biologically. The rivers that have gradually died out in the past decades include Narasundra of Kishoreganj, Bibiana and Shaka Barak of Habiganj, Palang of Shariatpur, Bhubeneshwar of Rajbari-Faridpur, Burinadi of Comilla-Bramhanbaria, Bamni of Sandwip, Hamkura of Khulna, Harihar of Jessore, Musa Khan of Rajshahi-Natore, and Hishna of Kushtia.

The rivers that are on the verge of death include Karotoa of Panchagar-Nilphamari-Rangpur-Bogra-Sirajganj, Isamoti of Pabna-Manikganj-Dhaka-Munshiganj, Bhairab of Kushtia-Meherpur-Chuadanga-Jhenaidah-Jessore-Khulna-Bagerhat, Kumar of Meherpur-Magura-Faridpur-Jhenidah-Madaripur, Bhadra of Jessore-Khulna, Kaliganga of Kushtia-Jhenidah-Magura-Narail-Pirojpur, and Chiknai of Natore-Pabna. The experts have blamed the reduced flow from the cross-border upstream regions, ill-planned or reckless interventions on the streams, encroachments and snapped links with floodplains for the physical death and the dying of those rivers.

The water bodies of Bangladesh are being drastically affected by the impact of the burgeoning population. According to Bangladesh State of the Environment Report 2001, in the Ganges-Brahmaputra floodplain alone, approximately 2.1 million hectares of wetland have been lost to flood control, drainage, and irrigation development. Severe erosion in the catchments areas is causing increased siltation and having major impact on the key wetland areas.

Very often, we come across the media reports about private parties as grabbers of land, floodplain, lake, river in the country, particularly in and around the capital. It has recently been reported in the media that a local ward commissioner of Dhaka City Corporation (DCC) is filling up a large section of Gulshan-Badda lake at Shajadpur for a housing project. The rivers like Buriganga, Dhaleswari, Turag, Bangshai have become the victims of the land grabbers. Even there are media reports about the construction of offices, etc on the river-bed around the capital by the government agencies. The Daily Star in its editorial of November, 10, 2004 thus wrote: "As it is, we have been losing natural water channels with reckless abandon which is why the peripheries of Dhaka city, even its interiors, are so vulnerable to flooding and water-logging these days."

It is learnt that the Rangamati part of Kaptai lake, the largest lake of the country, is gradually being occupied illegally. A certain section of the lake has completely dried out and giving rise to a large chunk of land which has been taken over and buildings are coming up overnight. A large part of the lake area in and around Tabalchhari, old bus stand, Kathaltali, Bonrupa and adjacent areas have been illegally occupied forcing the lake to a great danger. More such instances across the country may be cited.

The question arises as to why it is important to enact a new and comprehensive law for protecting the water bodies. The need for enacting a tough and comprehensive law on the protection of water bodies arises mainly from two considerations: one, water bodies have a wide range of economic, commercial, socio-cultural and ecological importance and values in Bangladesh; and two, The Play Ground, Open Spaces, Gardens, and Natural Water Bodies Act 2000 suffers from loopholes and inadequacies regarding protection of water bodies. These are briefly discussed below.

Human settlements along the rivers follow the natural levees normally above the flood level. Rivers, on account of their importance as a source of livelihood, irrigation and means of communication, act as a force influencing a linear form of settlement. In Bangladesh, almost all the major cities/towns and commercial centres are located on the banks of rivers. Instances are found in the cases of Dhaka, Narayanganj, Chittagong, Khulna, Rajshahi, Mymensingh, Gaibandha, Barisal, Chandpur, Munshiganj, etc.

Water bodies are an important source of irrigation for cultivation of rice, particularly boro, which accounts for about 50 percent of the total rice production in the country. Banglapedia writes that before the introduction of mechanised dry-season irrigation in the 1960s, deepwater rice or broadcast aman rice used to be the major crop in the wetlands during the rains.

In Bangladesh, fisheries play a major role in nutrition, employment, and foreign exchange earning. Available data show that there are 266 species of inland fishes, that is, fishes found in inland water bodies.

The rivers and their tributaries serve as the most important transport arteries in the country and play a vital role in national life. Besides, wetlands such as beels, haors, and inundated floodplains serve as waterway in many rural areas during the rainy season.

Wetlands are important habitats for a large variety of flora and fauna of local, national and regional significance. According to a study conducted in 1994 jointly by the Bangladesh Centre for Advanced Studies (BCAS) and Nature Conservation Movement on wetlands of Bangladesh, among the estimated 5,000 species of flowering plants and 1,500 species of vertebrates in the country, about 300 plant species and some 400 vertebrate species are dependent on wetlands for all or part of their life spans.

The above-mentioned The Play Ground, Open Spaces, Gardens, and Natural Water Bodies Act 2000 has its application on the water bodies of the metropolitan, divisional cities and municipalities. The law thus fails to ensure protection to the vast tracts of water bodies beyond the city areas and municipalities.

Available information suggests that the proposed law that will extend to the whole of Bangladesh would take care of the loopholes and inadequacies of the aforesaid act. The draft of the law, it is learnt, (a) prohibits construction of any infrastructure within fifty metres of river in port area and within ten metres outside the port area; (b) prohibits construction of any kind of permanent structure even on private land within the determined distance; (c) prevents anybody to put any kind of obstruction on normal flow of water on wetlands; (d) reserves low land, floodplains and reservoirs for preserving floodwater and allows nobody to fill up these; and (e) provides that the water bodies which have been marked in survey records and exist in other government approved documents will be recovered if they have been encroached.

The law, it is learnt, will be applicable to both private and public sectors. For setting up of launch terminal, ghats or any other structure in the interest of the people, the government department concerned will have to seek permission from higher authority through the deputy commissioner of the district concerned. The setting up of under-water gas pipelines and installations of telephone cables would require prior permission of the ministry concerned. The district administration would survey the riverbanks in every two years to observe whether there was any illegal structure. The draft law has reportedly proposed severe punishment for the violation of any of its provisions

To conclude, considering the economic, socio-cultural and ecological importance of the water bodies in our lives, the need for enactment of a comprehensive and tough law for their protection and preservation can hardly be over-emphasised. The sooner it materialises, the better it is for the nation.

M. Abdul Latif Mondal is a former Secretary to the Government.