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The Right to a Healthy Environment as a Fundamental Right in Bangladesh: Judicial Interpretation of Article 32
Subject area: Physical Sciences and Environment · Area of research: Google Scholar, Newspaper, Case Laws
Abstract
This doctrinal study examines the constitutional status of the right to a healthy environment in Bangladesh, with particular attention to Articles 31, 32 and 18A of the Constitution and the environmental public-interest litigation jurisprudence associated with Dr. Mohiuddin Farooque. Although Article 18A expressly directs the State to protect and preserve the environment, it is located in Part II of the Constitution and is not independently enforceable as a fundamental right. The Supreme Court of Bangladesh has nevertheless connected environmental protection with the enforceable right to life under Articles 31 and 32. This paper analyses that judicial development through leading Farooque cases, including the FAP-20 litigation and the radiated milk case, and considers the role of public-interest standing in bringing collective environmental harms before the courts. It further places Bangladesh's approach within the wider development of environmental human rights, including the United Nations Human Rights Council's 2021 recognition and General Assembly Resolution 76/300 of 2022. The study finds that Bangladesh's constitutional jurisprudence provides meaningful protection against environmental harms, but that the protection remains principally implied through the right to life rather than expressly formulated as a standalone fundamental right. The paper argues that stronger environmental governance requires both effective judicial remedies and clearer institutional and constitutional foundations, while avoiding the assumption that litigation alone can deliver durable environmental protection.
Keywords
Right to a healthy environment; Article 32; Article 18A; Bangladesh Constitution; environmental justice; public-interest litigation.
References
[1] United Nations General Assembly, “The human right to a clean, healthy and sustainable environment,” A/RES/76/300, 28 July 2022. United Nations
[2] United Nations Human Rights Council, “The human right to a clean, healthy and sustainable environment,” Res. 48/13, A/HRC/RES/48/13, 8 Oct. 2021. United Nations
[3] Dr. Mohiuddin Farooque v. Bangladesh, 49 DLR (AD) 1 (1997).
[4] Constitution of the People's Republic of Bangladesh, arts. 18A, 31, 32, 44 and 102. Bangladesh Laws
[5] Dr. Mohiuddin Farooque v. Bangladesh, 48 DLR (HCD) 438 (1996).
[6] Dr. Mohiuddin Farooque v. Bangladesh, 22 BLD (HCD) 345 (2002). InforMEA
[7] M. S. Karim, O. B. Vincents, and M. M. Rahim, “Legal activism for ensuring environmental justice,” Asian J. Comparative Law, vol. 7, no. 1, pp. 1–44, 2012. Cambridge
[8] B. Mia and K. S. Islam, “Human Rights Approach to Environment Protection: An Appraisal of Bangladesh,” J. Law, Policy and Globalization, vol. 22, pp. 59–68, 2014.
[9] M. Islam, Constitutional Law of Bangladesh, 3rd ed. Dhaka, Bangladesh: Mullick Brothers, 2012. Bangladesh National Parliament Library
[10] J. H. Knox, Framework Principles on Human Rights and the Environment, UN Special Rapporteur on Human Rights and the Environment, A/HRC/37/59, 2018. UNEP
[11] United Nations Environment Programme, “Advancing the Right to a Healthy Environment,” UNEP, 2026. UNEP
[12] J. Razzaque, Public Interest Environmental Litigation in India, Pakistan, and Bangladesh. The Hague, The Netherlands: Kluwer Law International, 2004. Google Books
[13] R. Haque, Judicial Activism in Bangladesh: A Golden Mean Approach. Newcastle upon Tyne, U.K.: Cambridge Scholars Publishing, 2011.
[14] N. Ahmed, Public Interest Litigation in Bangladesh: Constitutional Issues and Remedies. Dhaka, Bangladesh: BLAST, 1999.
How to cite this paper
@article{1723560,
author = {Sheikh Abid Mostafiz},
title = {The Right to a Healthy Environment as a Fundamental Right in Bangladesh: Judicial Interpretation of Article 32},
journal = {Iconic Research And Engineering Journals},
year = {2026},
volume = {10},
number = {3},
pages = {3845-3850},
issn = {2456-8880},
url = {https://www.irejournals.com/formatedpaper/1723560.pdf},
abstract = {This doctrinal study examines the constitutional status of the right to a healthy environment in Bangladesh, with particular attention to Articles 31, 32 and 18A of the Constitution and the environmental public-interest litigation jurisprudence associated with Dr. Mohiuddin Farooque. Although Article 18A expressly directs the State to protect and preserve the environment, it is located in Part II of the Constitution and is not independently enforceable as a fundamental right. The Supreme Court of Bangladesh has nevertheless connected environmental protection with the enforceable right to life under Articles 31 and 32. This paper analyses that judicial development through leading Farooque cases, including the FAP-20 litigation and the radiated milk case, and considers the role of public-interest standing in bringing collective environmental harms before the courts. It further places Bangladesh's approach within the wider development of environmental human rights, including the United Nations Human Rights Council's 2021 recognition and General Assembly Resolution 76/300 of 2022. The study finds that Bangladesh's constitutional jurisprudence provides meaningful protection against environmental harms, but that the protection remains principally implied through the right to life rather than expressly formulated as a standalone fundamental right. The paper argues that stronger environmental governance requires both effective judicial remedies and clearer institutional and constitutional foundations, while avoiding the assumption that litigation alone can deliver durable environmental protection.},
keywords = {Right to a healthy environment; Article 32; Article 18A; Bangladesh Constitution; environmental justice; public-interest litigation.},
month = {September},
}