Fatal consequences of lead pollution in Bangladesh

Lead is a toxic, non-biodegradable chemical element that mostly exists in ore form. Alhough it is a natural element of our environment, due to anthropogenic reasons such as combustion of gasoline, burning of coal, mining, smelting, using lead-based paints and batteries— the level of lead exposure has risen to an alarming level. Nowadays, besides air, water, soil, or plants it is even found in our food items, toys, cookware and beauty products. The recent 'Country Environmental Analysis Report of 2023' on Bangladesh by World Bank reveals lead as one of the top three environmental pollutants causing human deaths.

One of the public health concerns of lead pollution is that it can affect the intellectual development of children and decrease their cognitive abilities. It can have long-term effects on their physical and psychological development through the delayed effects. Lead can also pass from a pregnant mother to her fetus, leaving an intergenerational impact. Lead pollution leads to miscarriage, premature birth, and low infant weight as well.

Despite lead pollution being such a serious threat in our country, the legal development regarding controlling lead pollution here has been quite scattered. The umbrella legislation regarding environment pollution, Bangladesh Environment Conservation Act, 1995 is the central law. There is only one guideline (the Statutory Regulatory Order (S.R.O) No.45 of 2021), dedicated to Lead Acid Batteries (LABs), which are significant contributors to lead pollution. It provides guidelines for the buying-selling, import, recycling and safe disposal of LABs under section 6A of the 1995 legislation. Among several directions, it includes the requirement of obtaining and renewing of Environmental Clearance Certificate (ECC), ensuring safety and providing health and safety equipment to workers, and others dealing with LABs. Industries dealing with batteries must follow proper documentation while producing, selling, importing, and recycling for proper regulation and safe disposal of LABs as per the Regulation. It also emphasises on digitalisation of such information. This Regulation requires the recycling industries to inform and update the Department of Environment (DoE) from time to time regarding their activities as per the guidelines. Moreover, unauthorised buying and selling of lead is strictly prohibited. It prohibits disposal, burning or storing of batteries in open places, water bodies and in waste dumps. It also emphasises on creating awareness among mass people and makes it mandatory for the battery recycling industries to be registered with the Accumulator Battery Manufacture and Exporter Association of Bangladesh (ABMEAB).

A comprehensive legal approach that addresses transboundary sources of lead pollution is urgently needed to monitor lead use and production in Bangladesh. The existing laws should also be updated regularly and followed up considering latest scientific development and research.

Another major source of lead pollution is household paints including enamel paints, synthetic paints, exterior paints for undercoating and finishing, and emulsion paints. Additionally, paint flakes contaminate the soil and spread through the air causing lead poisoning. Due to the constant persuasion of various NGOs such as the Eco-Social Development Organisation (ESDO) to control the use of lead in such household paints, in 2018, Bangladesh Standard Testing Institute (BSTI) specified a standard limit for using harmful lead content in paints where the maximum limit is 90 ppm.

The latest Bangladesh Environment Conservation Rule of 2023 in Schedule-1, while categorising different Industrial Establishment and Project, includes 'Lead Acid Battery Installation Industry' and 'Lead Acid and Dry Cell Battery Recycling Industry' in Orange Category. It includes 'Processed Metal from Ores Industry' and 'Lead Acid and other Wet Cell Producing Industries' under Red Category. Schedule-2 of the Rule provides standards for different kinds of water, and among various chemical measurement scale, it also includes how much lead can be present in different types of surface water. Schedule 5 provides the highest liquid waste emission limits (without pH) for different industries depending on their categories. . If lead is found over 10mg/L in any liquid waste or gaseous release of any industry, it will be considered as harmful element as per Schedule 14 of the rule.

Apart from these laws, there are several laws such as the Air Pollution (Control) Rule of 2022, the Solid Waste Management Rule of 2021, the Hazardous Waste (E-waste) Management Rule of 2021, which include different standard limits for lead emission depending on different types of sources.

Lead pollution is a serious threat to us because its impact will not only be confined within a particular time, area, or species. It is such a pollution which bears intergenerational impact possessing a serious threat for the present as well as future generation. Although there are laws dealing with lead from various environmental perspectives, how far they are being complied with, needs to be questioned.  Unregulated and bare-handed dealing or recycling of LABs even by minor workers, significant rise in number of battery regulated three/four wheelers, lead in staple food items, using excessive lead violating minimum standards in paints and other industries and commodities, are common.

A comprehensive legal approach that addresses transboundary sources of lead pollution is urgently needed to monitor lead use and production in Bangladesh. The existing laws should also be updated regularly and followed up considering latest scientific development and research. Thus, it is indispensable that the legal standards for lead use be complied with and strictly monitored by the concerned stakeholders.

The writers are Assistant Professor in law, Bangladesh University of Professionals and LLM candidate, Bangladesh University of Professionals respectively.