Brick production makes an essential contribution to Bangladesh's construction industry. It creates employment for thousands of workers and develops valuable infrastructure in the country.
The brick kilns, used to manufacture bricks, are usually found in rural areas where the needy and poor do the labour-intensice work. This acts as an indispensable source of income for countless families and helps them fight poverty. Aside from these necessary contributions to society, there looms a great threat to our environment and health with the traditional methods of brick production.
The laws in place
The Brick Manufacturing and Brick Kilns Establishment (Control) Act, 2013, was enacted to establish guidelines for the location of brick kilns and ensure that they do not harm human health in the surrounding areas or adversely affect air and water quality. This act regulates the brick manufacturing industry and reduces its adverse environmental impact.
Section 4 of the act regarding the manufacture of bricks without license states that if any person contravenes, he shall be punished with imprisonment not exceeding two years or with a fine not exceeding Tk20-lakhs or with both.
According to section 5 of the act, soil cannot be cut or collected from agricultural land or hills and then used as raw material for bricks. If so, he shall be punished with imprisonment not exceeding two years or with a fine not exceeding Tk5-lakh or both.
Then, as per section 6 of the act, firewood shall not be used for burning bricks, and if so, shall be punished with imprisonment not exceeding three years or with a fine not exceeding Tk3-lakh or both. Also, a pertinent note, according to section 8 of the act, bricks cannot be placed in the kiln at a distance of one kilometer from residential, commercial, and protected areas, city corporation, municipality or upazila headquarters, government or private forests, sanctuaries, gardens, wetlands, agricultural lands and any special facilities, railways, educational institutions, hospitals, and clinics, research institutions, and similar institutions -- it is a punishable offense if disobeyed.
On the other hand, the Environment Conservation Act, 1995, according to section 12 of the Act, says that no industrial establishment or project can be established without environmental clearance; it is illegal to establish an industrial establishment without a certificate of clearance.
The purpose of this law is to protect the environment while continuing traditional brick production.
But, in the current situation, will the environment be protected by implementing existing laws?
Environmental and health concerns
Due to a lack of proper law enforcement, an illegal brick industry is being operated and damaging the environment. According to the World Bank's Bangladesh Environmental Survey Report 2023, brick kilns are Dhaka's leading source of air pollution.
Due to the black smoke of the brick kiln, the children and the elderly in that area are suffering from various diseases, including breathing problems, asthma, and pneumonia.
According to the Department of Environment information, the total number of brick kilns in the country is 7,881, but most are illegal brick kilns without permission. One of the main reasons is the need for more supervision.
Due to the lack of proper implementation of the law, dishonest business people are using wood in brick kilns, forests are being destroyed, and trees are decreasing for using wood in brick kilns; this is affecting the environment, and polluting elements are being added to the atmosphere from brick kilns.
Air pollution is the most severe concern for the traditional method of brickmaking, which is causing severe damage to public health due to brickmaking. Health problems are seen among people living around brick kilns. Brick kilns also have a detrimental effect on agricultural land, reducing the fertility of the land.
As a result, the protection of law and the right to life guaranteed in Articles 31 and 32 of the Constitution are being violated by improperly following the existing laws.
About Dr Mohiuddin Farooque v Bangladesh (2002), 22 BLD 534 The case held that the right to life guaranteed by the Constitution of Bangladesh includes the right to a healthy life.
If their fundamental rights are violated, Article 102 of the Constitution allows them to file a writ petition in the High Court Division to restore them. The Supreme Court of Bangladesh is generally committed to ensuring fundamental rights because it can order the rights of those deprived of their fundamental basic rights.
Although traditional brick production plays a vital role in Bangladesh's economy, its environmental impact must be addressed.
Block industry production and development should be increased as an alternative to traditional bricks. The risk of environmental pollution will be less if modern brick kilns are used compared to the presently outdated ones. Building a house with blocks instead of brick houses costs less; houses made of blocks are cool in summer and warm in winter. Vietnam has mandated the use of 80% block bricks in state-built buildings.
Bricks are made in brick kilns, and block bricks are usually made in factories, which take up less space and are not burned in fire. Also, blocks of different shapes can be made according to demand.
The use of blocks should be made mandatory in all government development projects. To increase demand for block bricks, the government should widely disseminate the benefits of using blocks and the disadvantages of traditional bricks in electronic media, newspapers, and educational institutions.
Therefore, setting up environmentally friendly block brick factories should be given priority, and all brick kilns, legal and illegal, should be discouraged from burning soil.
In conclusion, traditional brick production has served Bangladesh well, but the time for adapting is now. By embracing sustainable practices and technological advancements, this industry will protect the environment and also be an essential contributor to the country's development.
Atiqur Rahaman is a freelance contributor and a student of law and human rights.
