Plastic Pollution In Dhaka City - Exploring The Legal Frameworks From A Bangladesh Perspective
Author: LawSphereX
Category: Environmental Law
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PLASTIC POLLUTION IN DHAKA CITY: EXPLORING THE
LEGAL FRAMEWORKS FROM A BANGLADESH
PERSPECTIVE
Jeba Mobashwira, LLM, Bangladesh University of Professionals, Bangladesh
ABSTRACT
Plastic pollution, with its profound impact on human health and the environment, has become one of the most pressing and widespread environmental issues today. This issue is particularly severe in Dhaka City, one of the most densely populated urban areas of the word. Given the substantial national differences in waste management practices, as well as variations in consumer and government responses, regulations for improved management should be grounded in a socio-economic contextual analysis. This study scrutinizes the legal aspects of plastic pollution, within the existing framework governing plastic waste management focusing on Dhaka City. The paper begins by examining the overall severe impact of plastic pollution on environment and human being.
Plastic waste significantly disrupts the navigability of rivers, often leading to severe flooding, as well as harms ecosystems by contaminating soil and water. For humans, it poses serious health risks through exposure to toxic chemicals, ingestion of micro plastics, and pollution of air, food, and water sources. Though Bangladesh has aligned with many international standards and enacted legal policy governing plastic waste management, yet there are still some loopholes and lack of enforceability. The analysis encompasses an evaluation of the legal standards and regulations from an international perspective which offer guidance for addressing plastic pollution globally as well.
However, there are hurdles in implementing plastic waste management solutions in Dhaka City due to the lack of enforceable legal frameworks, socio-economic challenges, and the need for widespread behavioral change and infrastructure development. Throughout the exploration the research identifies the obstacles and proposes multidimensional solutions to enhance the effectiveness of plastic waste management efforts to lessen the impacts of plastic pollution. Keywords: Plastic waste management, plastic pollution, Legal Frameworks.
1. Introduction
1.1. Background of the study
“Rivers, once brimming with the flow of life, now bear the burden of our plastic legacy. ” Plastic waste has emerged as a persistent environmental challenge of the 21st century all over the world. Being one of the world's most densely populated megacities, with 23,234 individuals per square kilometer spread across a total area of 300 square kilometers (World Population Review 2024). Dhaka's rapid urbanization and consumption patterns have led to an alarming increase in plastic waste. In Dhaka, about 646 tons of plastic waste is disposed of everyday, which is 10% of all wastes generated in Bangladesh (The World Bank 2021). However, just 37. 2% of Dhaka's plastic garbage is recycled (The World Bank 2021). (leaving the majority of plastic waste scattered in open areas, drainage systems, rivers and landfills ultimately in the environment.
Though in 1958, US started manufacturing polythene bag, but the idea of modern bag of plastic was developed by the Swedish engineer Sten Gustaf Thulin in early 1960s (Hossain 2022). Right after about 20 years Bangladesh Started to produce and use plastic bag from 1983. Subsequently, in 1988 and 1998, Bangladesh experienced two devastating floods, when two thirds of the country including large portion of Dhaka city submerged under knee-deep water for two months. (Hossain 2022). Even it was identified that plastic played a significant role in causing the floods of 1988 and 1998. (Hossain 2022). While heavy rainfall is often cited as the primary cause of the 2024 floods, the blockage of drains, rivers, and canals by plastics impeded the free flow of water and worsened the flood conditions.
Additionally, plastic waste can cover soil surfaces, reducing water absorption and increasing surface runoff, which further intensifies flooding during heavy rains. Though Bangladesh banned plastic nationwide as the first country but after 20 years of banning the situation of its widespread presence has not change yet. Rather use of plastic bags persists, as evidenced by continued problem of clogged drains in cities. Section 6A was inserted in Bangladesh Environmental Conservation Act 1995 in 2002 regarding plastic ban. Recently, 22 years later, the use of polythene and polypropylene shopping bags was banned across all superstores in Bangladesh, starting on October 1, 2024 (The Daily Star, 2024). As per Section 6A, Government can impose a complete ban on sale, manufacture, import, demonstration for sale and marketing, storage, distribution, commercial
transportation, or commercial use of any type of polythene shopping bag. In 2010, the Mandatory Jute Packaging Act was established with the aim of restricting the use of environmentally detrimental plastic bags and encouraging the use of eco-friendly jute bags instead. Prior to this, the Medical Waste Management Rules of 2008 mandated the proper recycling of medical waste containing plastic. Moreover, the protocols for the transportation, collection, disposal of solid waste including plastic waste and manufacturers are required to disclose the quantity of recycled plastic was established by The Solid Waste Management Rules of 2021. However despite these legal frameworks plastic pollution continues to be a critical issue due to the lack of effective regulations as well as a comprehensive and operational plastic waste management system.
Therefore, a comprehensive research effort is essential to understand the current state of plastic waste management with critical analysis of their effectiveness and identify potential solutions to address this pressing environmental and public health concern in Dhaka City. Bangladesh being a dualist country, has some obligations under International Environmental Law to ensure sustainable plastic waste management to combat environmental pollution. Besides, many countries worldwide have effectively addressed this problem by implementing stringent legislation and regulations from where Bangladesh can also adopt subject to socioeconomic conditions.
Being world’s most populous megacities, Dhaka's experience with plastic waste management can serve as a critical case study for urban areas to safeguard rivers, mitigate floods and deal with urban environmental, health challenges associated with plastic pollution. Additionally, by conducting research on Dhaka's plastic waste management, we can contribute to the broader international effort, policy development to fight plastic pollution. Through this research, author also seeks the complexities in implementation of plastic waste management policy considering the socio-economic factors.
1.2. Research Questions
What are the environmental and public health impacts of plastic pollution in Dhaka City? • How effective are the existing legal frameworks in Bangladesh in addressing plastic pollution? • What are the gaps and challenges in the enforcement of plastic waste management laws
in Dhaka City? 1.3.Research Objectives • To evaluate the environmental and public health impacts of plastic pollution in Dhaka City. • To assess the existing legal frameworks in Bangladesh related to plastic pollution. • To identify the key challenges and obstacles in implementing plastic waste management laws.
1.4. Research Methodology
This study employs a qualitative research method to explore the current legal framework for plastic waste management in Bangladesh, specifically problems focusing on Dhaka City. The research primarily relies on secondary data, which includes an analysis of existing legal documents, government policies, official reports, public documents, and academic research papers. Most of the data was gathered through online databases, journals, and official government websites to ensure access to up-to-date and relevant information.
1.5. Limitations
This study has several potential limitations. Firstly, the research focuses exclusively on laws related to plastic waste management, with the geographic scope limited to Dhaka City. While a quantitative approach would have been more suitable for examining the effectiveness of existing laws and plastic bans, time and resource constraints prevented in-depth data collection. The reliance on online sources may slightly affect the accuracy of the data. Furthermore, a new regulation banning plastic was passed just 10 days ago, making it too early to assess its implementation. This limitation highlights the need for further research to evaluate the longterm effectiveness of these newly adopted legal measures.
2. Effect of plastic pollution
Plastic waste, also known as plastic pollution results from the widespread use of plastic products like bottles and containers, polythene bag, particularly single-use plastics negatively
impacting the environment, wildlife, and humans. As a result of this high plastic production, it is currently estimated that we will burn 12,000 million metric tons, and dispose of 12,000 million metric tons in environment or the landfills (Geyer et al 2017). Due to its affordability and durability, a significant portion of our consumption involves plastic materials. The slow degradation of plastic, which can take 20-500 years or more due to its chemical composition, poses a significant and enduring challenge. (Chariot Energy 2024) Its slow decomposition releases toxins into the ground and water, endangering marine life that often mistakes plastic for food, leading to entanglement. (The Vanella Group 2023). Additionally, plastic production emits greenhouse gases, exacerbating climate change, which poses a grave threat to humans and wildlife alike.
On top of these environmental concerns, the harmful chemicals present in plastic can leach into our food and water, raising alarming health issues. Bisphenol A (BPA) in plastic is associated with a range of health issues like ovarian chromosomal damage, early puberty, diabetes, immune system changes, reduced sperm production, cardiovascular disorders, and obesity. (Proshad et al. 2018) In women, BPA exposure is associated with obesity, endometrial hyperplasia, recurrent miscarriages, sterility, and polycystic ovarian syndrome, affecting reproductive health and overall well-being (Proshad et al. 2018, 4). Plastic manufacturing process in plastic industries releases a huge quantity of dangerous gaseous chemicals that causes air pollution that may cause respiratory diseases, nervous system disorders and reduction in immunity to diseases. ( Proshad et al.
2018) Polyethylene as a major global plastic contributing to methane gas generation, especially when exposed to solar radiation. Furthermore, plastic waste disposal often leads to unsightly litter on city streets, obstructing drainage systems and causing flooding during the monsoon season. Due to widespread waste dumping, including plastic waste, the River Buriganga has become one of the most polluted rivers in Bangladesh and thus plastic waste production significantly impacts the marine ecology of the Bay of Bengal. A survey conducted at four Cox's Bazar sea beaches collected 6,705 pieces of waste, with 63% of them being plastic (Proshad et al. 2018). Plastic waste often obstructs drainages, leading to flooding. Stagnant water in these blocked drains becomes a breeding ground for Aedes mosquitoes, causing the loss of thousands of lives each year (Hossain et al. 2021).
Thus improper disposal of various waste item openly discarded in locations like roadsides, parks, or lands, poses threats to both human health and the environment due to the resulting soil pollution.
3. Current Legal Framework On Plastic Pollution: Bangladesh Perspective
Initially, the fight against plastic bags began in Bangladesh, led by the Environmental and Social Development Organization (ESDO). In 1990, ESDO launched a campaign titled “Anti Polythene & No Plastic Campaign” to raise public awareness about the serious threat of plastic pollution by publishing articles in national newspapers (Environment and Social Development Organization 2020). Despite an earlier attempt in 1993 by the Ministry of Environment and Forest to ban polythene bags, it was not approved by Parliament, ESDO continued its efforts, culminating in the establishment of "Plastic Bag-free Day" in 1997 (Hossain et al. 2021).
3.3.1. The Bangladesh Environment Conservation Act (BECA), 1995:
The Bangladesh Environment Conservation Act is one of the primary laws governing environmental protection in Bangladesh. Along with various aspects of environmental conservation it covers waste management also. Though primarily there was no such provision related to plastic waste. But the ban on polythene shopping bag up to 20 micron was imposed by Government through MOEF notification from 1 March 2002 throughout the whole country (Hossain 2022). Subsequently in 2002, an amendment to the Bangladesh Environment Conservation Act (BECA) introduced Section 6A, allowing the government to ban the manufacturing, sale, and use of polythene shopping bags in specific areas or nationwide. Violating this provision is punishable offence and can lead to fines as well as imprisonment under section 15 under it.
According to this provision if anyone manufactured, imported, marketed, or other prohibited activities occur, the penalty may include imprisonment for up to
10 years or a fine of up to 10 lac taka, or both. Again selling, exhibiting for sale, stocking,
distributing, commercially transporting, or using such articles could result in imprisonment for up to 6 months or a fine of up to 10 thousand taka, or both. This amendment empowers the government to regulate and penalize the use of such bags. However, the ban doesn't apply to items exported or specified as exceptions in the notification. Recently, the government has taken steps to enforce the ban on polythene bags, starting with all supermarkets from October
1 and expanding to all markets by November 1(The Daily Star 2024). However, restricting the
ban to supermarkets alone may not address the broader use of plastic materials in other sectors. Nonetheless, this is a significant initiative that, if extended to other industries, could gradually contribute to the reduction of plastic pollution.
3.3.2. The Bangladesh Environmental Conservation Rules, 1997: These rules provide more
detailed regulations related to environmental conservation, including waste management. They specify requirements for the storage, collection, transportation, and disposal of various types of waste, including plastic waste.
3.3.3. The Medical Waste Management Rule of 2008: The MW Management Rule under
schedule 1 rule 2(1)E classifies medical waste containing plastics, such as used plastic boxes, polythene bags, plastic water bottles, and biscuit packets, separately and provides guidelines for their proper disposal. Additionally, it mandates the proper recycling of plastic waste rather than incinerating plastic with halogen like PVC.
3.3.4. Solid Waste Management Rules, 2021:Under section 8(3) SW management rule
instructed to prevent use of plastic and encouraged to use biodegradable bag and packaging materials.
3.3.5 Jute Packaging Act, 2010: The Jute Packaging Act of 2010 encourages the use of jute
bags instead of plastic bags for packaging. The law mandates that all products must be packaged in jute bags. Those who use non-biodegradable synthetic materials for packaging can face penalties of up to one year imprisonment or a fine of BDT 50,000.
3.3.6 The Bangladesh Standards and Testing Institution (BSTI) Act, 2018: The BSTI Act
establishes standards for various products, including plastic materials. Moreover, The National 3R strategy for waste management, launched by the Ministry of Environment and Forests, aims to reduce waste by promoting reuse and recycling of plastic materials.
3.3.7 The Penal Code, 1860: According to section 268 of the Penal Code, not disposing of
waste properly is considered a public nuisance because it can cause harm, create risks, or be annoying to the public in various ways. Furthermore, Bangladesh is a party to international treaties and conventions on environmental protection and waste management. These include the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, which aims to regulate the trans boundary movement of hazardous waste, including certain types of plastic waste. The legal framework, along with historical efforts and international agreements, positions the country as a proactive and responsible player in environmental protection. The government's
initiative to reduce single-use plastics by 90% by 2026 (Dhaka Tribune 2023) underscores its dedication to a cleaner and more sustainable future. However simply banning plastic without collaborating with the plastic industry and other sectors to promote viable alternatives may not be effective. The dissatisfaction already expressed by the plastic industry (The Daily Star 2024) highlights the need for inclusive measures that involve stakeholders in the transition to ecofriendly solutions. The existing regulatory framework lacks a collaborative approach with key industries to ensure smoother implementation and long-term success in reducing plastic usage. Thus the harmonization of all these existing legal frameworks is crucial for effective plastic waste management.
4. Plastic Waste Management: International Legal Frameworks
Plastic waste does not respect national borders, it often travels across oceans and waterways, impacting ecosystems far from its point of origin. Therefore, an international legal framework is vital as unilateral efforts are insufficient. International cooperation requires the establishment of uniform regulations, guidelines, and monitoring mechanisms, facilitates the sharing of best practices and resources to collectively combat the trans-boundary nature of plastic pollution and its environmental and health impacts. Even though plastic pollution is a result of inadequate national infrastructures and policies it creates ultimately a global issue. There are currently no international agreements that are legally enforceable that particularly address the issue of plastic trash, despite the rising global desire to address and resolve the problem through a legally binding document.
Furthermore, this issue has not yet been effectively addressed by any international rules. However, The United Nations Environment Assembly's Fifth Session, which has commenced, adopted a resolution titled "End Plastic Pollution: Towards an internationally legally binding instrument" on March 2, 2022 (UNEA-5. 2) (Wang 2023). This resolution represents a paradigm shift, introducing a sustainable environmental approach to address the global plastic pollution issue. 4. 1. End Plastic Pollution: Towards an internationally legally binding instrument
(UNEA-5.2)
To start an international legislative procedure in global range, more than 3,400 people from UN Member States attended the meeting in person and 1500 people participated virtually. This resolution creates an Intergovernmental Negotiating Committee (INC) with the goal of
finishing a draft global legally enforceable agreement by the end of 2024. (UNEP/EA. 5/Res. 14 2022). This agreement will cover the entire life cycle of plastic, include both mandatory and voluntary measures. Considering national capacities and conditions, the strategy should be in line with the Rio Declaration on Environment and Development's guiding principles. Clear goals must be established, sustainable plastic production and use should be encouraged, collaborative efforts to reduce marine plastic pollution and national action plans should be created. The strategy should also outline reporting procedures, evaluate results, offer scientific evaluations, raise public awareness and educate the public, involve stakeholders, and launch an action plan.
Finally, the global treaty on plastic pollution will emphasize collaboration with relevant conventions and organizations to facilitate capacity-building, funding, research, innovation, and address compliance issues. Moreover, there are some other international instrument deals with waste management. The 2030 Agenda for Sustainable Development and the Agenda 21, the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (Basel Convention 1989) are notable.
4.2. 2030 Agenda for Sustainable Development
Under the 2030 Agenda for Sustainable Development, collaboration with local authorities and communities is emphasized to mitigate the adverse impacts hazardous chemicals on human health and the environment (UN General Assembly 2015). Moreover, the agenda aims to achieve eco-friendly management of chemicals and waste throughout their life cycle. By 2030, the goal is a substantial reduction in waste production by preventive measures, reduction, recycling, and reuse, aligning with sustainable and environmentally responsible practices (UN General Assembly 2015). Targets 11. 6, 12. 4, and 12. 5 discussed the enhancement of waste management strategies. It also encourages in Target 12. 3 both producers and consumers to be more aware and responsible (Maskun et al. 2023). SDG 2030 for global waste management in it’s Target 12.
5 seeks reduction in waste generation through recycling, reuse and prevention by the year 2030 (United Nations 2023).
4.3. Agenda 21
The UN's Agenda 21 aims to enhance waste reuse and recycling systems nationally, establish an internal model for waste reuse and recycling within the United Nations, and disseminate
information and techniques. It also includes facilitating the technology transfer for recycling through bilateral and multilateral technical assistance and cooperation programme , such as machinery for reusing plastics (UNCED, 1992). 4. 4. Basel Convention 1989 Basel Convention which deals with trans-boundary movement of hazardous waste is modified by the parties on its 14th Conference of the Parties (COP) 2019 to improve transparency and regulation of the global plastic waste trade and most importantly to include plastic waste in a legally-binding framework (Basel Convention 1989). Moreover, The Basel agreement classifies wastes containing polychlorinated biphenyls (PCBs), polychlorinated terphenyls (PCTs), and/or polybrominated biphenyls (PBBs), and waste that arise from the surface treatment of metals and polymers as hazardous waste listed in Annex I (Basel Convention 1989).
Bangladesh's legal framework is not isolated but aligns with international agreements and conventions, including the Basel Convention. Being a party, Bangladesh is committed to fulfill the obligations under Agenda 21. Bangladesh has signed the Basel Convention, which deals with minimization of generation of waste ,disposal of them as close to source and reducing trans-boundary movements of hazardous waste. But it has not endorsed the Basel Ban Amendment 1995, which specifically addresses the prohibiting transboundary movement specifically export of hazardous wastes (Hossain 2022). Consequently a notable flow of plastic waste into Bangladesh from economically advanced nations, raising concerns about the management and impact of such waste.
The survey findings reveal that Bangladesh generates 3,000 tons of plastic waste on a daily basis, while concurrently receiving 73,000 tons of such waste from upstream countries through the global river system (TBS Report 2021). In response, environmental experts recommend the government's adoption of the Basel Convention Ban Amendment into national legislation. Moreover, there are some other legal instruments deals with marine plastic pollution adopted by international community. Despite the emergence of recent international frameworks and guidelines, the issue of plastic pollution remains a significant concern for the global community. However there is a hope that these guidelines, along with End Plastic Pollution:
Towards an internationally legally binding instrument ,the Sustainable Development Goals (SDGs), will serve as effective tools in combating plastic pollution.
5. Potential Solutions And Obstacles In Implementation
5.1.Potential Solutions The Bangladesh Environment Conservation Act (BECA) 1995 plays an important role in environmental protection, including specific measures targeting plastic waste reduction. However banning is not working effectively, thus thinking of an alternative of plastic along with complete ban and harmonizing the existing regulations has become crucial for effective implementation. The legal system of Bangladesh often takes reactive approach to environmental preservation instead of proactive method. Policy regarding plastic waste management should be reformed either by amending existing legal framework or creating new framework. Effective environmental management requires collaboration among the government, legislators, law enforcement, and the community. It requires following vigilant, operative communication and a balanced approach: I.
Circular Economy Approach Bangladesh has to encourage a circular economy where products are designed for reuse, recycling, or composting, minimizing the generation of waste. The use of alternatives to singleuse plastics such as cotton or paper bags, containers, and utensils can be effective solution for reducing plastic waste. Starting 4R initiative focusing on Refusing, Reusing, Reducing, and Recycling will also help. This involves a collective effort to encourage everyone to reject the use of plastic. Emphasizing on post-production measures like cleanup or disposal are insufficient, it is imperative to address the issue at its source during the pre-production stage. II.
Extended Producer Responsibility (EPR) Introduce comprehensive Extended Producer Responsibility (EPR) legislation that holds producers accountable for the entire life cycle of their plastic products. This includes responsibilities for collection, recycling, and proper disposal. Though SWM rules introduced EPR system, there should be more detailed and specific roadmap to make accountable the
producer. It should be mandatory for producers to develop and implement effective EPR plans, with penalties for non-compliance. Proper EPR process requires a holistic approach in collaboration with local authority for collection, segregation, disposal and recycling. Companies should be legally bound to incorporating clear instructions for consumers on product labelling, guiding them to either reuse items or dispose of them in designated bins. The message “Shoppers in this store believe that reusing shopping bags is a worthwhile way to help the environment. We thank you for helping the environment by continuing to re-use your bags” helped to reduce approximately a 30% of bags (Alpizar et al. 2020). Companies should be required to install mandatory vending machines or waste bins at specified distances along roads.
Attaining a minimum prescribed EPR benchmark can qualifies companies for an EPR certificate. Notably, if a company exceeds its recycling obligations, it can sell the surplus recyclables to another company falling short in meeting its recycling targets. For example-one company’s responsibility is to recycle 50% but it recycled 70% of plastic then it can sell extra 20% to another company which company has lack of 20% of recycling. While the rules on solid waste management dictate that producers are obligated to take responsibility and formulate strategies to reduce waste, there exists some ambiguity about which authority is responsible for ensuring the implementation of this clause. So this ambiguity is required to remove. III.
Judicial and Quasi-Judicial intervention To better protect the environment, barriers under the Environment Court Act of taking legal action should be removed. Strict implementation of the Environment Conservation Act,
1995 and the Rules, 1997, and establishment of a dedicated legal cell within the DOE to
handle legal matters should be ensured. The punishment for managers emitting waste under the Factories Act, 1965 is too low (extend to thousand taka) which should be increased. Empower Mobile court for monitor and impose penalties on non-compliance of law and improper waste management will be effective. IV.
Impose tax Apart from stricter punishment system imposing plastic tax or plastic fee has emerged as a
evident and promising solution to system to secure funding for the recycling and effectively address the issue of plastic waste. Numerous countries, such as Botswana, Denmark, Ireland, China, and South Africa, have employed different methods to raise the prices of plastics, especially single-use ones. The most well-known and widely adopted measure is the imposition of a fee on plastic bags, initially implemented in Ireland in 2002. There is substantial evidence indicating a notable reduction in plastic bag consumption resulting from this measure (Alpizar et al. 2020). Cities like California, Chicago, and Washington have demonstrated the effectiveness of enacting plastic bag fees (Chandrasekha 2018) and these kinds of interventions may be useful in influencing behavior change in Bangladesh as well.
Under this mechanism, companies would be under obligation to contribute a tax per unit of production. To ensure fairness, a common but differentiated responsibility approach can be adopted, where distinct tax rates would be established based on the scale of the company. It will distinguish between giant and small companies – and their respective production volumes and impose tax accordingly. In addition, a minimum prescription would be set, specifying the required amount of plastic that each company must recycle, and a fixed percentage would be prescribed for that. To regulate the consumer market, consider adding an extra VAT on products with plastic or plastic packaging. This financial incentive encourages consumers to avoid plastic usage, instigate positive behavioural changes among customers, fostering a shift towards more sustainable choices. V.
Rules and Regulations • Separate rule for plastic waste management rules: In order to sound waste management we have introduced separate solid and medical waste management rules which also covers certain aspects of plastic waste management. However, to increase the efficacy Government can adopt a separate rule for plastic waste management and plastic pollution. This regulation will contain more detailed with specific responsibility of producers, brand owners, co-operative actions of municipalities and private sectors. Alternatively Government also can amend the existing laws considering the detrimental effect of plastic on human health and environment. This can be done by strengthen the enforcement of existing plastic bans by imposing stricter penalties for non-compliance. Implement regular inspections and rigorous monitoring mechanisms to ensure
businesses and individuals adhere to the regulations. Section 6A imposed 10 lac tk fine and imprisonment up to 10 years for manufacture, import, sale etc of polythene bags. This amount of fines should be increased. Moreover, the mobile courts, working under the current DOE laws, can only impose fines up to 10 thousand which also should be re-considered. • Plastic-Free Packaging Standards: Establishing stringent Plastic-Free Packaging Standards, promoting the use of eco-friendly and recyclable alternatives for packaging materials will be operative. Encourage industries to adopt sustainable packaging practices through regulations and incentives. Under the German Packaging Act 2019, those introducing packaging must register.
Packaging producers and retailers are obligated to collaborate with disposal services and cover the costs for proper disposal, including materials designated for recycling bins and glass containers (Wurm et al. 2023). • Mandatory Recycling policy: Implement a mandatory recycling law, requiring each industry to have its own waste recycling facility. Govt and private sector should invest to improve recycling facilities and infrastructure to make it more accessible and efficient. Certain states and communities enforce laws and regulations through mandatory recycling and composting approach. An example is the Mandatory Recycling and Composting Ordinance implemented in 2009 in San Francisco, which mandates individuals to segregate recyclables, compostables, and trash (United States Environmental Protection Agency 2023).
Every restaurant, hospital, hotel, institution, company, industry, and grocery store is required to submit reports confirming their compliance with Extended Producer Responsibility (EPR) and recycling regulations. VI.
Deposit Refund System Implement a deposit refund system for plastic bottles and containers. Putting a monetary value on things like glass bottles, cans, or plastic containers can be the first step in implementing a deposit return program. When purchasing plastic products, consumers pay a small deposit that is refunded when the item is returned for recycling. This innovative approach not only encourages recycling but also provides incentives for waste collection, as the items now hold a tangible value.
VII.
Ban importation of plastic waste and plastic products Implement controls on the import of plastic products, particularly single-use plastics. Set stringent criteria for imported plastic items to ensure they align with the country's environmental goals and standards. Enforce a ban on the importation of plastic waste and products, stipulating that if non-hazardous imports are found to contain hazardous waste, the importing corporation must repatriate the waste within 90 days. Failure to comply of this obligation by importing company, the company's importing permission will lead to suspension of importation. VIII.
Cooperation between local-central authority and stakeholders Municipalities, in collaboration with the central government, bear the responsibility of ensuring effective plastic waste management. This collaborative effort involves stakeholder engagement, particularly with waste management companies and environmental organizations, to optimize plastic waste collection, transportation, and recycling initiatives. The detailed roadmap for this collaborative strategy should be documented in the Annex of either newly introduced Plastic Waste Management Rules or integrated into existing Environmental Conservation Rules of 1997. This roadmap outlines specific steps, responsibilities, and timelines for both local and central authorities.
Crucially, the involvement of private companies cooperating with City Corporations is essential for effective manpower allocation and the seamless flow of plastic waste from collection to environmentally sound disposal and recycling. IX.
Plastic Footprint and Follow up Report Introduce legislation mandating businesses and industries to report their plastic footprint, detailing the amount and types of plastic they use annually. The Follow-up Report entails conducting daily visits to at least one company or supermarket to ensure compliance with plastic packaging regulations. This involves inspecting and penalizing those found using plastic for packaging. Additionally, supervision by third-party entities involved in waste management to ensure effective performance is also necessary. Campaign lead by Directorate of National Consumer’s Right Protection cam be an example in this case.
X.
Community Engagement Conduct public awareness campaigns to educate communities about the environmental impact of plastic waste and the importance of responsible disposal. Recent community cleanup initiatives by student volunteers to remove plastic waste from public spaces have had a significant impact on creating a cleaner city. Integrate educational and awareness programs about plastic pollution and waste management into school curriculum. Overall, implementing a combination of these solutions and engaging stakeholders at various levels can contribute to effective plastic waste management. XI.
Government responsibility The government also bears a significant responsibility for the stringent enforcement of existing regulations. Establishing a dedicated regulatory body will enhance oversight and accountability. Additionally, allocating a substantial budget specifically for plastic waste management initiatives is crucial to the success of recycling programs, waste collection infrastructure, and awareness campaigns. The government should foster the growth of the recycling industry through technical support, invest in modern landfill technologies, and promote research on alternative materials. Public awareness campaigns and community-based programs are essential to educate citizens and encourage active participation in waste management.
Finally, collaboration with international organizations can provide valuable expertise, funding, and knowledge exchange to enhance Dhaka City's overall waste management capabilities. Moreover we have to encourage the adoption of eco-friendly alternatives such as paper bags, jute bags, and bio bags to reduce reliance on plastic. In order to maximize plastic recycling and reduce plastic use, policymakers should work to increase consumer interest in locally recyclable plastics by utilizing a mix of behavioral, marketoriented, and regulatory strategies.
5.2 Obstacles in implementation of legal provisions
The judicially unenforceable provision of the Constitution regarding environmental protection under Article 18A has created a gap in its true realization. Despite being acknowledged through judicial interpretation, "right to environment" is not recognized by our constitution. The enforceability of legal regulations largely depends on access to courts or legal proceedings. Bangladesh Environment Conservation Act, 1995 allows individuals or groups affected by
violations to file compensation suits before the Environment Court. However, Section 7(4) of the Environment Court Act, 2010 restricts the court from accepting compensation claims under environmental law without a written report from an Inspector of the Department of Environment. So judicial action fails to safeguard the environmental rights of citizens. The socio-economic conditions in Bangladesh may face obstacles to the immediate establishment of a robust recycling industry, acquisition of necessary equipment, and swift policy development. The enforceability of these policies might encounter difficulties due to the need for gradual behavioral changes, which require time and sustained efforts to instill awareness and compliance within the population.
As stricter policies are introduced to manage plastic waste, there is a risk that individuals or businesses may resort to illegal dumping as a means to avoid compliance with the regulations. The shift towards Extended Producer Responsibility (EPR) demands active industry cooperation, which might be challenging due to resistance and insufficient commitment. The imposition of a Plastic Fee or Tax will create extra burden for businesses industry might be reluctant and consequently economic growth will be slightly hampered. Introducing a Deposit Refund System requires substantial infrastructure for waste collection and management, posing logistical challenges. Implementing a Mandatory Recycling Law demands a robust regulatory framework and effective monitoring, which can be challenging to establish and maintain.
The success of the 3R initiative also relies on widespread awareness and behavioral change, which requires extensive educational campaigns. It is often alleged that the transition to alternatives like cotton, jute, or paper bags poses cost challenges for industries, impacting production expenses. Additionally, the increased expense of recycling alternative materials could burden the government. In Bangladesh's economic situation, moving towards sustainability is tough where a careful plan is needed to balance between environment and the economy as well as promote sustainability.
6. Conclusion
A harmonized effort to implement and reinforce these recommendations to move towards a
more sustainable and resilient future in plastic waste management is necessary. The exploration of plastic waste management in Dhaka City reveals a complex landscape with multifaceted challenges and potential solutions. Although plastic bans initially lessened use of
plastic nationwide but recently due to the absence of practical alternatives it has lost the momentum. To improve waste management activities, the government must take full accountability, allocate funds, and work with foreign organizations. However, challenges arise in the form of potential illegal dumping, economic constraints on establishing recycling industries, and the intricate balance between environmental goals and economic realities. Addressing these challenges requires a holistic strategy that aligns with Bangladesh's socioeconomic conditions, encouraging sustainable practices without imposing undue burdens. The imperative for collaborative action among policymakers, stakeholders, and the community becomes evident. Overall, Striking this balance is pivotal for fostering effective plastic waste management in Dhaka City.
BIBLIOGRAPHY
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3. Journal Articles
Alpizar, F. , Carlsson, F. , Lanza, G. , Carney, B. , Daniels, R. C. , Jaime, M. , Ho, T. , Nie, Z. , Salazar, C. , Tibesigwa, B. and Wahdera, S. , 2020. A framework for selecting and designing policies to reduce marine plastic pollution in developing countries. Environmental Science & Policy, 109, pp. 25-35. • Bhattacharya, R. R. N. , Chandrasekhar, K. , Roy, P. and Khan, A. , 2018. ‘Challenges and opportunities: plastic waste management in India’. • Geyer, R. , Jambeck, J. R. and Law, K. L. , 2017. ‘Production, use, and fate of all plastics ever made’. Science advances, 3(7), p. e1700782. • Hossain, S. , Rahman, M. A. , Chowdhury, M. A. and Mohonta, S. K. , 2021. ‘Plastic pollution in Bangladesh: A review on current status emphasizing the impacts on environment and public health’. Environmental Engineering Research, 26(6). • Mustofa, M. J. , 2020.
‘Legal framework dealing with waste management in Bangladesh: An analysis and evaluation’. Southeast University Journal of Arts and Social Sciences, 3(1). • Maskun, M. , Kamaruddin, H. , Pattitingi, F. , Assidiq, H. , Bachril, S. N. and Al Mukarramah, N. H. , 2023. ‘Plastic Waste Management in Indonesia: Current Legal Approaches and Future Perspectives’. Hasanuddin Law Review, 9(1), pp. 106-125. • Proshad, R. , Kormoker, T. , Islam, M. S. , Haque, M. A. , Rahman, M. M. and Mithu, M. M. R. , 2018. ‘Toxic effects of plastic on human health and environment: A consequences of health risk assessment in Bangladesh’. International Journal of Health, 6(1), pp. 1-5. • Wurm, F. R. , Spierling, S. , Endres, H. J. and Barner, L. , 2020. ‘Plastics and the environment—current status and challenges in Germany and Australia’. Macromolecular rapid communications, 41(18), p. 2000351.
4. Newspaper articles
TBS Report(18 March, 2021), ‘Experts urge govt to ratify Basel amendments to curb plastic waste’ The Business Standard, accessed
December 2023. • Chandrasekhar K and Pandey S (20 Apr 2018), ‘Fighting Plastics: Is ban the way ahead?’ The Energy And Resource Institute, accessed 07 December 2023. • Desk Report (26 October 2023), ‘Environment minister: Govt to cut single-use plastic by 90% by 2026’ Dhaka Tribune, accessed 26 October 2023. • Staff Correspondent (25 September 2024), ‘Crackdown on plastic bags begins on Oct 1’ The Daily Star, accessed 15 October 2024. • Star Business Report (15 October 2024), ‘Implement ban on single-use plastics after 2030’ The Daily Star accessed 15 October 2024.
5. Websites
World Population Review accessed 5 September 2024. • The World Bank, Meeting Bangladesh’s Plastic Challenge through a Multisectoral Approach (23 December 2021) accessed 10 October 2023.
Chariot Energy, How Long Does It Take for Plastic to Decompose? accessed September 2024. • The Vanella Group, The Negative Effects Of Plastic On The Environment (28 July 2022) accessed 20 October 2023. • Environment and Social Development Organization 2020, High Court ordered Single Use Plastic Ban by 2021 and Enforce ban on Polythene bag immediately, available at accessed on 5 September 2024. • Environment and Social Development Organization 2020, High Court ordered Single Use Plastic Ban by 2021 and Enforce ban on Polythene bag immediately, available at accessed on 5 September 2024. • Sen Wang, ‘International law-making process of combating plastic pollution: Status Quo, debates and prospects’(2023)147,Marine_Policy_105376 accessed 05 November 2023. • United Nations , Department of Economic and Social Affairs Sustainable Development accessed 05 November 2023.
• United States Environmental Protection Agency, ‘Zero Waste Case Study: San Francisco’ (November 22, 2023) https://www. epa. gov/transforming-waste-tool/zerowaste-case-study-san-francisco accessed 07 December 2023.