Legal aspects on disaster management in Bangladesh

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Humayra Adiba Kotha :

Natural disasters present significant challenges to countries worldwide, including Bangladesh.

Between 1970 and 1988, the country faced 38 severe cyclones and 18 major floods, alongside other calamities that have profoundly impacted its socio-economic development and environmental sustainability.

Effectively managing these disasters requires not only scientific and technical interventions but also strong legal frameworks. This article analyzes domestic laws, policies, institutional mechanisms, and international cooperation to provide a comprehensive legal perspective on disaster management in Bangladesh.

Bangladesh is one of the country which is the most vulnerable to climate change, as well as one of the most disaster prone.Over 80 percent of the population is at risk of exposure to floods, earthquakes, and droughts, while more than 70 percent is vulnerable to cyclones.

The country typically faces a severe tropical cyclone every three years, with approximately 25 percent of the land being flooded annually. Severe flooding affects 60 percent of the land roughly every 4-5 years.Millions of people are forced to flee their homes as a result of floods.

Villages are submerged, crops are destroyed, and homes are swept away. Not only does this destruction result in the immediate loss of life and property, but it also provides a breeding ground for diseases spread by water.

Another constant threat is riverbank erosion, which relentlessly eats away at fertile land and forces communities to relocate and start over. Cyclones strike the coast with powerful winds and storm surges, destroying infrastructure, raising salinity levels in freshwater sources, and cutting off essential communication channels.

Millions of people are forced into poverty as a result of these natural disasters, which also disrupt essential services like healthcare and education. Bangladesh’s progress toward a secure and prosperous future is hindered by the cycle of rebuilding after each disaster.

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Mitigating the impact of natural disasters in Bangladesh through legal considerations requires a comprehensive legal and institutional framework designed to improve awareness, response, recovery and resilience. Bangladesh Environment Conservation Act, 1995 aims to conserve and improve the environment and control pollution.

This law regulates activities that can cause environmental damage, including activities that can exacerbate natural disasters.

Bangladesh Environment Conservation Rules, 1997 supplement the Environment Conservation Act by providing more detailed regulations on environmental management, including disaster preparedness and response.

The Disaster Management Act, 2012 is the cornerstone that establishes the National Disaster Management Council and the Ministry of Disaster Management and Relief to coordinate efforts at all levels of government.

Additional regulations, such as Building Construction Act, 1952 ensure that infrastructure is resilient to disasters and that high-risk areas are avoided in land use planning. Environmental legislation, including the Forest Act 1927 and the Coastal Zone Policy 2005, protect natural buffers such as mangroves and wetlands, which play a crucial role in mitigating the effects of cyclones and floods.

Mandatory mandates for early warning systems and community participation ensure that vulnerable populations receive early warnings and are included in disaster preparedness and response.

Bangladesh Cyclone Shelter Act 2010 plays an important role in managing natural disasters, especially cyclones, which are frequent and devastating in the region.

The purpose of the Act is to improve the resilience and safety of cyclone-vulnerable communities through the establishment, maintenance and management of cyclone shelters. In addition, disaster insurance schemes and emergency funds provide financial resilience, while international cooperation and adherence to frameworks such as the Sendai Framework for Disaster Risk Reduction improves cross-border disaster management. Legal provisions also protect the rights of vulnerable groups and ensure access to legal aid, strengthening a holistic approach to disaster mitigation that is inclusive and sustainable.
(Humayra Adiba is a
freelance contributer)