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Brick kiln: A call for stronger implementation of laws

Brick kiln problem in Bangladesh presents a complex issue that demands immediate attention. Environmental degradation, labor exploitation, and health hazards are the alarming realities associated with the unregulated brick kiln industry. By implementing stringent regulations, promoting sustainable practices, and protecting workers’ rights, Bangladesh can pave the way for a more environmentally friendly and socially just construction sector while safeguarding the well-being of its citizens.

The brick kiln problem in Bangladesh can be attributed to a multitude of factors. Firstly, the demand for bricks has skyrocketed due to the country’s rapid urbanization and infrastructure development. Bricks and brick kilns have expanded along with Bangladesh’s economy during the past ten years. There were over 5000 brick kilns in existence in 2013. By 2018, there were 8000 of them, a 60% increase in just five years. To meet this demand, there are now many more brick kilns across the country, especially in rural areas. Unfortunately, these kilns largely operate in an informal and unregulated manner, exacerbating the associated problems.

One of the most pressing concerns is the environmental impact of brick kilns. The 8000 brick kilns in the nation, or around 90%, are Fixed Chimney Kilns (FCKs). The traditional method of brick production involves the burning of coal, wood, or other biomass fuels, leading to a significant release of harmful pollutants into the air. According to the Department of Environment (DoE), brick kilns are responsible for around 58% of the fine particles in the air in Dhaka. These pollutants, including greenhouse gases and particulate matter, contribute to air pollution and climate change, posing a severe threat to public health and exacerbating respiratory illnesses.

Bangladesh’s brick kiln industry has long been plagued by environmental degradation, labor exploitation, and health hazards. While there are laws and regulations in place to address these concerns, the effective implementation and enforcement of these measures remain a significant challenge. Urgent action is needed to ensure the proper maintenance of brick kiln laws in Bangladesh.

The brick kiln industry plays a vital role in the country’s construction sector, catering to the growing demand for bricks driven by rapid urbanization and infrastructure development. However, the unchecked proliferation of brick kilns, many of which operate informally, has led to severe environmental consequences.

To combat these issues, several laws and regulations have been enacted in Bangladesh. The Brick Manufacturing and Brick Kilns Establishment (Control) Act, 2013, which was passed in parliament in 2019, serves as the primary legal framework for regulating the establishment and

operation of brick kilns. It aims to ensure compliance with environmental standards and promote sustainable brick production practices.

Under the Environmental Conservation Rules, 1997, brick kilns are classified as environmentally harmful industries. The rules set emission limits, pollution control measures, and waste management guidelines that kilns must adhere to. The Department of Environment (DoE) issues guidelines and directives to monitor and regulate brick kilns, ensuring compliance with these environmental standards.

In terms of labor rights, the Bangladesh Labor Act, 2006, covers various aspects, including working hours, wages, leave entitlements, and occupational safety provisions. Due to continuous exposure to the contaminated environment, more than 50% of the employees report regular respiratory discomfort, impaired vision and eye damage. The act prohibits the engagement of children in hazardous work, including brick kilns, as stipulated by the Children Act, 2013.

While these laws provide a solid foundation for addressing the brick kiln problem, their effective implementation faces numerous challenges. The prevalence of informal kilns and inadequate monitoring systems hinder the enforcement of regulations. Limited resources and capacity within regulatory bodies, such as the DoE, can impede regular inspections and strict enforcement.

Furthermore, corruption and bribery within the industry undermine the enforcement process, allowing non-compliant kiln owners to circumvent regulations. In addition, the weak penalties for violations fail to act as strong deterrents, and a lack of awareness and education regarding the laws contributes to non-compliance among kiln owners and workers.

Inordertoovercometheseobstacles,adeliberateeffortisneeded. The government must prioritize strengthening regulatory bodies with sufficient resources and capacity to conduct regular inspections and ensure strict enforcement. This includes increasing staffing, providing necessary equipment, and implementing comprehensive training programs.

Transparency and accountability within regulatory agencies should be enhanced to tackle corruption and bribery. Public awareness campaigns and educational initiatives can play a crucial role in disseminating information about the laws and regulations among kiln owners, workers, and the general public.

Reviewing and revising penalties for non-compliance is essential to create a deterrent effect and promote adherence to the laws. Additionally, engaging with stakeholders, including civil society organizations and industry representatives, can foster collaboration and encourage a collective commitment to addressing the brick kiln problem.

By reinforcing the implementation and enforcement of brick kiln laws, Bangladesh can take significant strides toward mitigating environmental degradation, protecting labor rights, and ensuring a sustainable and responsible brick kiln industry. It is imperative that all stakeholders work together to overcome the challenges and create a safer, healthier, and more environmentally friendly future for Bangladesh.

Sidratul Muntaha is a final year LLB student at the Department of Law, North South University.

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