Agriculture, Forestry and Fisheries

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Empirical Findings on the Forest Law and Policy in Bangladesh

Received: 1 February 2013    Accepted:     Published: 2 April 2013
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Abstract

Forest and forest resources are one of the important factors for the conservation and development of the environment and environmental resources in Bangladesh.It is observed that these natural resources of our country are not properly utilized but it is often exploited due to over population, unwise use of natural resources etc. To cope with these problems, some important legal foundations have already been passed for effective role in the development of forest and forest resources of Bangladesh.The study finds that most of the forest laws and policies are originated from the rule of British colonial authorities. In this regard, some significant amendments of the laws are made after the partition of the Indian subcontinent and a few are also amended after the independence of Bangladesh. In 1990s, some important integrated Acts such as the Bangladesh Environment Conservation Act, 1995 and its Rules, 1997 and the Environment Court, 2000 etc., are passed for the development and conservation of the environment of Bangladesh which enormously carried out for the protection of the forest and forest resources in Bangladesh. There are some limitations such as lack of enforcement, non-coordination, corruptions, outdated laws, insufficient penal provisions etc., which makes hindrance to the implementation of the forest laws and policies in Bangladesh. It is suggested that the policy implications framed in this study should strictly be emphasized for the implementation as to bringing about sustainable forest environment and development of Bangladesh.

DOI 10.11648/j.aff.20130202.11
Published in Agriculture, Forestry and Fisheries (Volume 2, Issue 2, April 2013)
Page(s) 49-66
Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.

Copyright

Copyright © The Author(s), 2024. Published by Science Publishing Group

Keywords

Forest Law, Forest Policy, Forest Resources, Empirical Findings, Bangladesh

References
[1] GOB, Bangladesh Economic Review, 2003, Economic Ad-versary’s Wing, Finance Division, Ministry of Finance, June, 2003.
[2] A.N. ShamsulHoque, "Environment and Health Bangladesh Experience: An Overview", Journal of the Institute of Ban-gladesh Studies (JIBS), Vol. 17, June 1994, p. 5.
[3] M. Salar Khan, et al. Bangladesh Environment : Facing the 21st Century, Philip Gain (ed.) (Dhaka : Society for Envi-ronment and Human Development (SHEHD, 1998), p. 41
[4] MohiuddinFarooque, Law and Custom on Forests in Ban-gladesh: Issues & Remedies (Dhaka: Bangladesh Environ-mental Lawyers Association, 1997), p. 96.
[5] Serajul Islam(ed.), National Encyclopaedia of Bangladesh, Vol. 4 (Dhaka : Asiatic Society of Bangladesh, 2003), p. 248.
[6] GOB, Department of Forest, 2001.
[7] Neaz Ahmed Siddiqui, Mangrove Forest in Bangladesh (Chittagong : Institute of Forestry and Environmental Sciences, Chittagong University, 1997), p. 25.
[8] Serajul Islam(ed.), National Encyclopaedia of Bangladesh, Vol. 4 (Dhaka : Asiatic Society of Bangladesh, 2003), p. 248.
[9] National Forest Policy, 1979.
[10] M. Salar Khan, et al. op.cit.
[11] MohiuddinFarooque, Regulatory Regime on Inland Fisheries in Bangladesh : Issues and Remedies (Dhaka : Bangladesh Environmental Lawyers Association, 2001),p. 152.
[12] Environment Policy and Action Plan, 1992.
[13] MohiuddinFarooque, Regulatory Regime on Inland Fisheries in Bangladesh : Issues and Remedies.
[14] GOB, First Five-Year Plan, 1973-78, November 1973. Min-istry of Planning, Dhaka.
[15] GOB, The Second Year Plan, 1978-80, September, 1978 Ministry of Planning, Dhaka.
[16] GOB, The Third Five Year Plan, 1985-90, Ministry of Plan-ning, Dhaka.
[17] GOB, The Fourth Five Year Plan, 1990-95, Ministry of Planning, Dhaka.
[18] GOB, The Fifth Five-Year Plan, 1997-2002, Ministry of Planning, Dhaka.
[19] Mizan Khan, "Environmental Policy-making in Bangladesh", Bangladesh State of Environment Report, 1999, Dhaka, pp. 217-218.
[20] "To End Deforestation", Weekend Independent, 15 February 2002.
[21] M.M. Hassan, "The Dwindling Forests on Bangladesh", The Bangladesh Observer, February 28, 1999, p. 5.
[22] Serajul Islam(ed.), National Encyclopaedia of Bangladesh Vol. 4 (Dhaka : Asiatic Society of Bangladesh, 2003), p. 248.
[23] The Forest Act’1927 (Act No. XVI of 1927).
[24] MohiuddinFarooque, Law and Custom on Forests in Ban-gladesh: Issues & Remedies, p. 15.
[25] The Private Forests Ordinance, 1959 (Ordinance No. XXXIV of 1959).
[26] Other Legislations include substantive and procedural laws. Definitions of Substantive and Procedural Law are mentioned here. Law defines the rights, which it will aid and specifies the way in which it will aid them. So far it defines, thereby creating, it is "substantive law." So far it provides a method of aiding and protecting it is Procedural or "Adjective law." Dr. TahirMahmood. N.S. Bindra, Interpretation of Statutes, 7th ed. (Allahbad : The Law Book Company LTD, 1984), p. 646.
[27] MohiuddinFarooque, Law and Custom on Forests in Ban-gladesh: Issues & Remedies, p. 15.
[28] Mizan Khan, "Environmental Policy-Making in Bangladesh", pp. 217-218.
[29] MohiuddinFarooque, Law and Custom on Forests in Ban-gladesh: Issues & Remedies, p. 17.
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  • APA Style

    Noor Mohammad. (2013). Empirical Findings on the Forest Law and Policy in Bangladesh. Agriculture, Forestry and Fisheries, 2(2), 49-66. https://doi.org/10.11648/j.aff.20130202.11

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    ACS Style

    Noor Mohammad. Empirical Findings on the Forest Law and Policy in Bangladesh. Agric. For. Fish. 2013, 2(2), 49-66. doi: 10.11648/j.aff.20130202.11

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    AMA Style

    Noor Mohammad. Empirical Findings on the Forest Law and Policy in Bangladesh. Agric For Fish. 2013;2(2):49-66. doi: 10.11648/j.aff.20130202.11

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  • @article{10.11648/j.aff.20130202.11,
      author = {Noor Mohammad},
      title = {Empirical Findings on the Forest Law and Policy in Bangladesh},
      journal = {Agriculture, Forestry and Fisheries},
      volume = {2},
      number = {2},
      pages = {49-66},
      doi = {10.11648/j.aff.20130202.11},
      url = {https://doi.org/10.11648/j.aff.20130202.11},
      eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.aff.20130202.11},
      abstract = {Forest and forest resources are one of the important factors for the conservation and development of the environment and environmental resources in Bangladesh.It is observed that these natural resources of our country are not properly utilized but it is often exploited due to over population, unwise use of natural resources etc. To cope with these problems, some important legal foundations have already been passed for effective role in the development of forest and forest resources of Bangladesh.The study finds that most of the forest laws and policies are originated from the rule of British colonial authorities. In this regard, some significant amendments of the laws are made after the partition of the Indian subcontinent and a few are also amended after the independence of Bangladesh. In 1990s, some important integrated Acts such as the Bangladesh Environment Conservation Act, 1995 and its Rules, 1997 and the Environment Court, 2000 etc., are passed for the development and conservation of the environment of Bangladesh which enormously carried out for the protection of the forest and forest resources in Bangladesh. There are some limitations such as lack of enforcement, non-coordination, corruptions, outdated laws, insufficient penal provisions etc., which makes hindrance to the implementation of the forest laws and policies in Bangladesh. It is suggested that the policy implications framed in this study should strictly be emphasized for the implementation as to bringing about sustainable forest environment and development of Bangladesh.},
     year = {2013}
    }
    

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    N1  - https://doi.org/10.11648/j.aff.20130202.11
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    JF  - Agriculture, Forestry and Fisheries
    JO  - Agriculture, Forestry and Fisheries
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    SN  - 2328-5648
    UR  - https://doi.org/10.11648/j.aff.20130202.11
    AB  - Forest and forest resources are one of the important factors for the conservation and development of the environment and environmental resources in Bangladesh.It is observed that these natural resources of our country are not properly utilized but it is often exploited due to over population, unwise use of natural resources etc. To cope with these problems, some important legal foundations have already been passed for effective role in the development of forest and forest resources of Bangladesh.The study finds that most of the forest laws and policies are originated from the rule of British colonial authorities. In this regard, some significant amendments of the laws are made after the partition of the Indian subcontinent and a few are also amended after the independence of Bangladesh. In 1990s, some important integrated Acts such as the Bangladesh Environment Conservation Act, 1995 and its Rules, 1997 and the Environment Court, 2000 etc., are passed for the development and conservation of the environment of Bangladesh which enormously carried out for the protection of the forest and forest resources in Bangladesh. There are some limitations such as lack of enforcement, non-coordination, corruptions, outdated laws, insufficient penal provisions etc., which makes hindrance to the implementation of the forest laws and policies in Bangladesh. It is suggested that the policy implications framed in this study should strictly be emphasized for the implementation as to bringing about sustainable forest environment and development of Bangladesh.
    VL  - 2
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Author Information
  • Faculty of Law, Universiti Kebangsaan Malaysia 43600, The National University of Malaysia, Bangi, Selangor DarulEhsan

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