River to be defined in law: Can encroachment be prevented?

The government formed the National River Conservation Commission a decade ago to protect the country’s rivers. Although the commission was established following a directive from the High Court, there was no determination of what kind of watercourse would be considered a river. For the first time, the proposed National River Conservation Commission (Amendment) Act will include a definition of a river.

According to the draft law, any watercourse originating from mountains, lakes, glaciers, streams, or any other reservoir or water source and flowing throughout the year or at any time of the year between two banks before joining seas, oceans, lakes, or other water bodies will be defined as a river.

River experts said this definition will make it easier to identify many canals in the country as rivers. It will also help prevent the tendency of government agencies to classify rivers as canals in order to facilitate projects under the pretext of canal excavation.

Tuhin Wadud, a teacher in the Bangla Department at Begum Rokeya University, Rangpur, and a river researcher, told Prothom Alo, “The definition was necessary. We have a list of rivers where 1,415 rivers have been identified. We are calling them rivers based on certain criteria, and now there will be a legal basis for that.”

Tuhin Wadud further said that in many districts, deputy commissioners and upazila executive officers lease river land to private individuals. In official documents, they classify those as canals. Due to this definition, such waterways will now also be included as rivers.

In 2009, the High Court directed the government to establish a “River Conservation Commission” to stop river encroachment and pollution. The government enacted the National River Conservation Commission Act in 2013. Under that law, the National River Conservation Commission was formed the following year on 5 August 2014.

Under the third chapter of the existing law concerning the commission’s functions, it was only granted the authority to make recommendations. These included recommendations for freeing rivers from encroachment and preventing reoccupation, recommendations regarding the eviction of illegal structures on riverbanks, and recommendations for reducing river water pollution—amounting to a total of 13 issues on which the commission could advise the government.

In the proposed law, the National River Conservation Commission seeks authority to take action against river polluters and encroachers. According to Section 15 of the draft law, the commission or its representatives will have the authority to inspect, inquire into, and investigate encroachment, pollution, and activities harming navigability in all rivers, canals, and coastal river areas across the country.

At the same time, the commission or its representatives will have access to all facilities and locations under government, private offices, agencies, and institutions. Furthermore, the draft law provides the commission with authority to issue notices to and interrogate any public or private individual or institution.

Under the existing law, although the National River Conservation Commission could make recommendations, government and private institutions had no obligation to comply with them. The new draft law stipulates that government, private, autonomous institutions, and individuals must implement the commission’s recommendations within a reasonable timeframe. If implementation is not possible, they must explain the reasonable grounds to the commission.

Maksumul Hakim Chowdhury, Chairman of the National River Conservation Commission and Senior Secretary to the government, told Prothom Alo, “After the inter-ministerial meeting, we uploaded the draft law to the website to gather opinions from river researchers, activists, and the general public. We received opinions from various organisations and experts until 17 April. Those are now being reviewed.”

He added that the draft law would next go to the Cabinet Division. “After receiving clearance from the Cabinet Division, it will go to the Ministry of Law. From there, it will be submitted to Parliament as a bill. Everything remains in the draft law as we had prepared it.”

Maksumul Hakim Chowdhury further said, “The previous law had weaknesses. Through the draft law, we want to overcome those shortcomings. That is why the initiative to amend the law has been undertaken.”

The draft law states that the National River Conservation Commission will be able to file cases against accused individuals if they damage navigability, encroach upon, or pollute rivers, canals, and seas. In addition, aggrieved citizens will be able to submit complaints to the commission seeking remedies regarding rivers, canals, and coastal sea areas. The commission will have the authority to resolve such complaints.

The draft law also states that the National River Conservation Commission will be able to take effective measures to remove illegal structures from rivers, canals, and coastal areas, prevent reoccupation, and restore navigability.

Under the amended National River Conservation Commission law, activities that result in encroachment, pollution, or damage to the navigability of rivers, canals, and coastal sea areas will be treated as non-bailable and cognisable offences. Investigations, trials, and appeals regarding such offences will follow the Code of Criminal Procedure. At the same time, trials may also be conducted through mobile courts.

The draft law states that, if necessary, the government may establish river courts in any district for the trial of offences under this law. Until river courts are established, such offences will be tried in existing competent courts.

The draft law further states that government agencies must obtain a mandatory no-objection certificate from the National River Conservation Commission before implementing any project on rivers, canals, or coastal sea areas. If the environment, ecosystem, and biodiversity of rivers and canals become critically endangered, the commission will have the authority under the proposed law to declare any river or canal a “critical area.”

Sharif Jamil, member secretary of the environmental organisation Dhoritry Rokkhay Amra (DHORA) (We for Protecting the Earth) told Prothom Alo that empowering the River Commission should benefit rivers. However, whether this will actually happen in practice depends on the proper enforcement of the law.

Referring to the existing State Acquisition and Tenancy Act, 1950, Sharif Jamil said that necessary measures for river protection can already be taken under current law. However, if river boundaries are not accurately identified during the eviction of illegal structures, rivers cannot be protected. The provisions included in the proposed law deserve praise, but without political goodwill, their implementation will not be possible.