New Legal Framework for Forest and Wildlife Protection: Timely Amendments, Comprehensive Protection and Implementation Challenges.
Author:
Advocate Abdur Rob Parvez Robi
Legal Analyst and Lawyer, Supreme Court of Bangladesh.
Introduction:
Law is one of the main foundations of justice, good governance and protection of public interest in state governance. Rapidly changing society, technological advancement, evolution of economic infrastructure and global environmental crisis have clearly brought to the fore the limitations of old laws. In the case of Bangladesh too, many laws are still dependent on colonial administrative structures, which are not compatible with the needs of modern state governance. As a result, timely, implementation-oriented and citizen-friendly legal amendments are urgently needed today. Increasing the speed of the judicial system, reducing the number of pending cases and transparency in justice all depend on updated laws.
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| New Legal Framework for Forest and Wildlife Protection: Timely Amendments, Comprehensive Protection and Implementation Challenges. |
Limitations of nearly century-old law on forest conservation
The main basis for forest conservation in Bangladesh was The Forest Act, 1927 —which was enacted in a colonial context and is largely inadequate in the current environmental reality. A new framework was needed to address the multifaceted impacts of population growth, urbanization pressures, illegal encroachment, deforestation, pressure on natural forests and climate change. The “Forest and Tree Conservation Ordinance, 2025” was enacted to meet that need .
Purpose of formulating and amending new ordinances
Considering the multidimensionality and challenges of wildlife, forest and biodiversity conservation and protection, there is a need to formulate new laws for the conservation, protection, development and management of wildlife, forest and biodiversity and for the overall welfare of wildlife, which is an important addition to Article 18A of the Constitution of the People's Republic of Bangladesh through the Fifteenth Amendment to the Constitution in 2011 , which has created a constitutional obligation to protect the environment and natural resources . In view of which, the final approval of the "Forest and Tree Conservation Ordinance-2025" and "Wildlife Conservation and Protection Ordinance-2025" was given in the Advisory Council meeting of the Interim Government held recently on December 4, 2025.
The new ordinance includes timely provisions such as protecting natural forests, preserving forest boundaries and records, protecting the rights of small ethnic groups, preventing illegal encroachment through technology-based monitoring, restoring degraded forests, controlling invasive species, and updating the list of trees that can be cut and those that are prohibited from cutting. It is taking the country's forest management on the path of modernization after almost a century.
Need for new amendments in wildlife conservation
The Wildlife (Conservation and Protection) Act of 2012 and the Forest Act, 1927, which had been in force for almost 100 years , faced many limitations and inconsistencies with international principles. Due to the complexity of implementation at the field level, weakness in crime detection and ambiguity in species-based protection, a new “Wildlife (Conservation and Protection) Ordinance, 2025” has been formulated .
The new ordinance prohibits and punishes habitat conservation, hunting, trafficking, killing, and commercial use of wildlife. It also provides for special measures to protect endangered biodiversity, rescue, care, and rehabilitation, research and training, raising public awareness, and establishing a "Wildlife Trust Fund" to mitigate human-wildlife conflict.
A significant development of this ordinance is the recognition of the active participation of experts, local communities, educational institutions, and voluntary organizations in wildlife conservation , which strengthens the state's commitment to an integrated conservation system.
Summary analysis of the law:
This Act, known as the “Wildlife (Protection and Security) Ordinance, 2025”, contains 52 sections, 10 (twelfth) chapters and 4 schedules, covering the protection of 1599 species of wild animals and plants. And 64 definitions in section 1 and section 41, along with a table on crimes and punishments, have been mentioned in 17 sections, in which provision for punishment for filing false allegations or cases has been added in section 40. According to section 44, the aggrieved person or forest officer shall be empowered to conduct the trial by a Judicial or First Class Magistrate or an empowered Special Magistrate. And the trial shall be conducted in accordance with the Criminal Procedure Act, 1898. In addition, Chapter 2 covers administrative and financial management, Chapter 3 covers wildlife and plant protection, and Chapter 4 covers protected area declaration and management, followed by permits, licenses, import and export, wildlife protection units, seizure, criminal punishment and trial, and various other matters.
Scheduled classification: 1,599 species under protection.
Although there are four schedules in the new law, Schedule 1 has been further divided into three parts: A, B, and C.
- Schedule 1(a): Flagship Species - Tiger and Elephant
- Schedule 1(B): 250 species of wild animals
- Schedule-1(C): 127 species
- Schedule 2: 1,207 more species
- Schedule 3: 15 species of rats that farmers can chase away without hindrance
- Schedule 4: 100 species of trees under legal protection
A total of 1,599 species of wildlife and plants have been protected under the new law—a major breakthrough in the history of biodiversity conservation in Bangladesh.
The list includes 133 species of mammals, 741 species of birds, 160 species of reptiles, 60 species of amphibians, 91 species of sharks and rays, 6 species of crabs, 23 species of sea cucumbers, 32 species of corals, 38 species of snails and mussels, 188 species of butterflies and moths, 24 species of beetles, and 100 species of valuable plants.
Crime of killing wildlife: Strict punishment provisions
In line with the 2012 law, killing tigers and elephants remains a cognizable and non-bailable offense as before.
The punishment for killing tigers and elephants is: First time: Imprisonment: 2–7 years and fine: 1–10 lakh taka and if the crime is committed again for the second time : Imprisonment: maximum 12 years and fine: maximum 1.5 lakh taka.
Punishment for killing other endangered animals such as leopards, leopards, crocodiles, dolphins, sambar deer, whales, gharials, apes, etc. - First time: maximum 3 years or a fine of 3 lakh taka and if the crime is committed again for the second time : maximum 5 years or a fine of 5 lakh taka.
Trophy (body parts) preservation, such as - preserving trophies or body parts of tigers and elephants without a permit - first time: 3 years imprisonment and a fine of 3 lakh taka and if committed for the second time: 5 years imprisonment and a fine of 5 lakh taka
New Toughness: Expansion of Cognizable, Non-Bailable and Non-Compromiseable Offences
Earlier, only killing of tigers and elephants was non-bailable. According to Section 46 of the new ordinance , killing of 251 animals in Part (a) and (b) of Schedule-1 is now non-bailable . This amendment has greatly increased the legal rigor in wildlife protection.
Power to arrest and release without warrant
Section 37 of the new ordinance empowers forest officials and law enforcement agencies to arrest suspects without a warrant in cases of cognizable offenses.
The arresting officer shall at least—
- Police: Sub-Inspector (SI)
- Customs: Assistant Revenue Officer
- Coast Guard: Petty Officer
- BGB: Havildar
- Forest Department: Officer in charge concerned
In the case of bailable offences, the power of release shall be vested in the Assistant Forest Conservation Officer of the Forest Department and in other cases by the Judicial Court .
Implementation challenges despite legal reforms
Although the new ordinance has specified schedule-based penalties and modernized the conservation framework, implementation remains a major challenge. Such as limited capacity of forest officials at the field level, lack of adequate training of law enforcement agencies, influence of powerful local vested interests, lack of adequate technology and resources for operations, lack and insignificance of organizing awareness workshops and meetings and seminars by both government and private sectors, and political influence.
Therefore, to make conservation activities successful, it is essential to train all relevant agencies on the details of the law.
Above all, timely legal reforms not only strengthen the administrative framework; they also reinforce the state's commitment to justice, good governance, environmental protection and human rights. While the new Forest and Wildlife Ordinance has opened up new horizons in biodiversity conservation, ensuring its proper implementation is now a major test. No matter how modern the law is, it is not possible to achieve the desired results without firm implementation. If proper implementation is ensured, this ordinance will be considered a milestone in the country's environmental protection and biodiversity conservation.
Law is the main foundation of justice, good governance and protection of public interest in state governance. As society, technology, economy and global environment are changing rapidly, old laws often do not adapt to reality. In the case of Bangladesh, many laws are still based on the structure of the British colonial era, which cannot fully meet the needs of modern state governance. Therefore, timely, implementation-oriented and citizen-friendly amendments are essential. Irrelevant or old laws delay justice. Amendments are needed to reduce the pendency of cases in the courts and increase the transparency of the judicial system.
The Forest Act, 1927, which has been in force for almost 100 years in forest conservation, is no longer adequate in the context of current environmental realities and climate change. To address various challenges including population growth, urbanization pressure, illegal encroachment, deforestation, a new 'Forest and Tree Conservation Ordinance, 2025' has been formulated. This ordinance includes provisions such as protection of natural forests, preservation of forest records and boundaries, protection of rights of small ethnic groups, prevention of illegal encroachment through advanced technology-based monitoring, restoration of degraded forests, control of invasive species, and updating the list of trees that can be cut and those that are prohibited from cutting.
On the other hand, due to various limitations in the field implementation of the 'Wildlife (Conservation and Protection) Act, 2012' and changes in international policies, a new 'Wildlife (Conservation and Protection) Ordinance, 2025' has been enacted. The new ordinance prohibits and punishes habitat conservation, hunting, trafficking, killing and commercial use of wild animals. Provisions have been made for the formation of a 'Wildlife Trust Fund' to ensure special measures to protect endangered biodiversity, rescue of wild animals, care, rehabilitation, research, training, raising public awareness and harmonious coexistence of humans and wild animals. In addition, the involvement of experts, local communities, educational institutions and voluntary organizations in conservation activities has been ensured.
The Forest Act protects and recognizes the rights of traditional forest dwellers. While there are four schedules in the ordinance like the Wildlife Conservation and Protection Act-2012, the new ordinance has divided Schedule-1 into three sub-sections A, B, and C. Schedule-1(a) protects tigers and elephants as flagship species of the environment. Schedule-1(b) provides protection to 250 species of wild animals. Schedule-1(c) provides protection to 127 species of wild animals and Schedule-2 provides protection to 1,207 species of wild animals. Schedule-3 includes 15 species of rats that farmers can chase away. These rats will not be protected under the law. Schedule-4 provides protection to 100 species of trees.
The ordinance protects 133 species of mammals, 741 species of birds, 160 species of reptiles, 60 species of amphibians, 91 species of sharks and jellyfish, 6 species of crabs, 23 species of sea cucumbers, three important fish, 32 species of corals, 38 species of snails and mussels, 188 species of butterflies and moths, 24 species of beetles and 100 species of plants. A total of 1,599 species of plants and wild animals are protected under the ordinance.
Details and punishments for killing wild animals:
Section 36 of Chapter IX of the 2012 Act made killing of tigers and elephants a cognizable offence and made it non-bailable. That is still the case. The new ordinance has retained the previous provision that if someone kills a tiger or elephant for the first time without a license, he will be punished with a minimum of 2 years to a maximum of 7 years in prison and a minimum of 1 lakh to a maximum of 10 lakh taka, and if he commits the same offence for the second time, he will be punished with a maximum of 12 years in prison and a fine of 1.5 lakh taka.
Section 37 of the previous law stated that killing a leopard, leopard, crocodile, dolphin, sambar deer, whale, gharial, or ape is punishable by a maximum of 3 years in prison or a maximum fine of Tk 3 lakh, or both. For a second offense, the maximum penalty is 5 years in prison or a maximum fine of Tk 5 lakh, or both. This has been retained in the new ordinance as well.
In addition, the provisions of the previous law, which stipulates a maximum of 3 years in prison and a fine of 3 lakh taka for preserving tiger and elephant trophies (body parts) without obtaining a permit, and a maximum of 5 years in prison and a fine of 5 lakh taka for committing the same crime a second time, remain the same.
However, while Section 43 of the previous Act considered the killing of tigers and elephants as cognizable and non-bailable offences, the killing of other animals was non-cognizable and bailable. Section 46 of the new Ordinance has made the killing of wild animals listed in Schedule A and B of Schedule 1 a cognizable offence and made it non-bailable. As a result, 250 animals are now added to Schedule A tigers and elephants as non-bailable offences.
Power to arrest and release without warrant:
Section 37 of the new ordinance empowers forest officials and relevant law enforcement agencies to arrest suspected forest offenders without a court warrant in cases of cognizable offenses.
In that case, the officer must be an officer of the Forest Department, the lowest rank of a Sub-Inspector in the Police, the lowest rank of an Assistant Revenue Officer in the Customs, the lowest rank of a Petty Officer in the Coast Guard, and the lowest rank of a Havildar in the Border Guard. If someone commits a bailable offense, the lowest rank of an Assistant Forest Conservation Officer in the Forest Department can release him on bond.
Conclusion:
Contemporary law ensures transparency and accountability in administration. Enacting environment- and human rights-friendly laws will strengthen Bangladesh's position at the international level. When laws are clear and implementation-oriented, public trust will increase and development will be sustainable. Updating laws with time is essential to ensure development, good governance, economic growth and human rights in Bangladesh. Enacting and implementing timely laws will pave the way for justice, equality, security and development in society. Proper amendments not only strengthen the administrative structure, but also help in building a modern, responsible and progressive state by improving the quality of life of citizens.
The previous law did not specify the punishment for scheduled crimes, but the new ordinance specifies the punishment for scheduled crimes. Other area-based effective conservation measures have been put in place. The ordinance has brought positive changes in several aspects, but implementation is a big challenge. Forest officials as well as law enforcement agencies need to be informed in detail about this law so that they can implement the law properly. Then there will be a visible progress in wildlife conservation. And it will play an effective role as a modern law in environmental protection.
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