Evolution of The Right to a Healthy Environment: Case Analysis of The Supreme Court of Bangladesh

Abstract

The right to a healthy environment has gradually emerged as a significant component of human rights discourse, particularly in jurisdictions vulnerable to environmental degradation. In Bangladesh, a country grappling with industrial pollution, deforestation, and climate change impacts, the judiciary—especially the Supreme Court—has played a pivotal role in shaping and recognizing environmental rights through constitutional interpretation and judicial activism. This thesis explores the evolution of the right to a healthy environment in Bangladesh, focusing on landmark judgments delivered by the Supreme Court. It critically examines how the Court has expanded Article 32 of the Constitution (right to life and personal liberty) to encompass environmental concerns, thereby bridging the gap between legal theory and environmental justice. Key cases such as Dr. Mohiuddin Farooque v Bangladesh and Bangladesh Environmental Lawyers Association (BELA) v Bangladesh are analyzed in depth to assess the judicial strategies employed to recognize and protect environmental rights. The research adopts a doctrinal legal methodology, supported by a comparative review of international legal principles and regional jurisprudence. It highlights the influence of global environmental instruments and South Asian judicial trends in shaping Bangladesh’s environmental rights discourse. Additionally, the study identifies gaps in enforcement, limitations in public participation, and the challenges posed by bureaucratic inertia and legislative ambiguity. The findings reveal that while the judiciary has been progressive in interpreting the Constitution to uphold environmental rights, there is a pressing need for stronger institutional frameworks, public awareness, and legislative reforms to ensure sustainable environmental governance. This thesis contributes to the growing body of environmental legal scholarship and offers policy recommendations to enhance environmental justice in Bangladesh.