Noise Pollution in Dhaka and the Constitutional Right to Life

Abstract

The right to life including, impliedly, the right to live in a pollution-free atmosphere, is a constitutionally guaranteed right in Bangladesh, and noise pollution, with its adverse effects on the peaceful enjoyment of life, is a genuine threat to the quality of life in Dhaka, the capital of Bangladesh. Although some isolated provisions on noise pollution exist within the legal framework of Bangladesh, they are rarely properly implemented, especially by public bodies. Thus, pollution levels remain above legally-set standards. Recently, the Supreme Court of Bangladesh used the notion of ‘constitutional torts’ to award compensation for breach of public duty resulting from negligence and gross violation of the right to life by statutory and public bodies. Based on the premise of the constitutional right to life, this article argues that the government of Bangladesh and public bodies have constitutional obligations to ensure citizens’ right to life, which is severely affected by noise pollution, and that the relevant authorities are required to adopt effective measures to curb the noise level to a bearable level.