In January, the government introduced the Land Use Control and Agricultural Land Protection Act, 2026, a comprehensive legislation that criminalizes activities such as hill-cutting, wetland-filling, and topsoil removal for brick kilns. The law imposes penalties of up to two years in prison, fines of up to Tk 2 lakh, or both for offenders. Notably, the act prohibits tobacco cultivation on multi-crop land, aiming to address long-standing environmental concerns in the country’s hill ecosystems.
However, it is striking that the law does not apply to Bandarban, Rangamati, or Khagrachhari, the three districts comprising the Chittagong Hill Tracts (CHT). These regions, where practices like tobacco-driven hill-cutting and topsoil loss are prevalent, have been excluded from the legislation that could have curbed such activities.
This omission is not accidental but rather follows a recurring pattern. In Alikadam Upazila, where I spent time in tobacco-growing areas during the 2025 curing season, the lack of regulatory oversight is not merely a gap in the system but poses a deeper question: when does environmental destruction, allowed by law, transition from being an externality to a criminal act?
Criminologist Rob White argues that the legality of an activity should not determine its classification as a crime. According to his eco-global criminology framework, environmental harm, especially when disproportionately affecting marginalized communities, should be recognized and treated as a crime regardless of its legal status. In Alikadam, the tobacco economy goes beyond being a byproduct of agricultural development and has detrimental effects on the local ecosystem.
The Matamuhuri river serves as a vital resource for Mro and Bangalee settler families, providing fish protein and household water. However, the intensive cultivation of tobacco in the region has led to increased water extraction for irrigation, resulting in pollution from fertilizers and pesticides. The deforestation for curing fuel further exacerbates the environmental degradation, impacting the river’s ecosystem and water availability.
The continuous deforestation and unsustainable agricultural practices in Alikadam are leading to gradual but significant ecological degradation. While each season’s activities may seem insignificant individually, their cumulative impact poses a serious threat to the region’s biodiversity and sustainability.
The exclusion of the three hill districts from the new land-use law highlights the need for stronger enforcement and accountability in environmental protection measures. It is essential for the government to justify this exclusion and consider revising the legislation to encompass regions like Alikadam facing severe environmental degradation due to tobacco cultivation.
Addressing these issues requires a transparent examination of the legal and administrative decisions impacting environmental protection in the region. Additionally, enhanced enforcement of existing protections for riverbanks and reserve forests is crucial to prevent further ecological damage in Alikadam and similar areas.
Ultimately, prioritizing environmental conservation over economic interests is vital to safeguarding the delicate balance of ecosystems and ensuring sustainable development in tobacco-growing regions like Alikadam.