The government introduced the Land Use Control and Agricultural Land Protection Act, 2026 in January, which is a comprehensive new legislation criminalizing activities such as hill-cutting, wetland-filling, and topsoil removal for brick kilns. Violators could face penalties of up to two years in prison, fines up to Tk 2 lakh, or both. The law specifically prohibits tobacco cultivation on multi-crop land, which is seen as a crucial step for the conservation of hill ecosystems. However, it is noteworthy that this law does not apply to Bandarban, Rangamati, and Khagrachhari, the three districts comprising the Chittagong Hill Tracts (CHT). These regions, where harmful practices like tobacco-driven hill-cutting and topsoil loss are prevalent, are not covered by the law, missing an opportunity to address these issues effectively.
This omission is not accidental but rather part of a recurring pattern. In Alikadam Upazila, where I spent several weeks observing the tobacco-growing areas of Morong, College, and Palong during the 2025 curing season, the lack of regulatory oversight reveals a systemic flaw. This raises a fundamental question often overlooked in traditional environmental reporting: when does environmentally destructive behavior, even if technically legal, cross the line into criminal activity?
Criminologist Rob White has long argued that the legality of an action should not dictate its categorization as a crime. According to his framework of eco-global criminology, environmental harm that is systematically caused, foreseeable, and disproportionately affects marginalized communities should be recognized and treated as criminal behavior, irrespective of its legal status. Applying this perspective, the tobacco economy in Alikadam emerges as more than just an unintended consequence of agricultural progress.
The Matamuhuri river and its tributaries serve as vital sources of fish and household water for the Mro and Bangalee settler families residing along its banks. During the dry winter cultivation season, farmers utilize diesel pumps to irrigate tobacco fields directly from the river, resulting in significant diesel consumption per acre. This practice, multiplied across numerous farms in the valley, leads to concentrated water extraction during low-flow periods, causing pollution from fertilizers and pesticides. Local residents have reported a decline in fish populations and foresee water scarcity due to deforestation for fuelwood used in tobacco curing.
The deforestation not only impacts water sources but also disrupts the hydrological cycle. Forest cover plays a crucial role in sustaining stream flow, and as trees are cleared for kiln fuel, the watershed’s ability to replenish diminishes. Despite regulations prohibiting cultivation near riverbanks and extraction from reserve forests, enforcement is reportedly lax, as confirmed by farmers interviewed in the area.
Tobacco leaf curing requires high-intensity heat, primarily sourced from wood, including illegally harvested timber from the Matamuhuri Reserve Forest. What was once a diverse landscape in Alikadam has transformed into extensive tobacco monoculture, depleting natural resources and disrupting the ecosystem balance gradually. This slow degradation, referred to as “slow violence” by scholar Rob Nixon, occurs without immediate attention or regulatory intervention, leading to the gradual dismantling of the hill ecology.
While the new land-use law aimed to address these issues, its exclusion of the three hill districts undermines its potential impact. The prohibition of tobacco cultivation on multi-crop land, penalties for hill-cutting, and safeguards for water bodies outlined in the law will not apply to Alikadam, Lama, and other tobacco-growing upazilas in Bandarban, where these regulations are urgently needed. Environmental advocates stress that enforcement will be crucial in determining the law’s effectiveness, but in the CHT region, enforcement seems improbable.
Addressing this situation requires transparency and action. The government should clarify the rationale behind excluding the CHT districts from the land-protection law and consider revising this decision. Additionally, parliamentary committees should review the exclusion and the forest department must provide regular public reports on the enforcement of existing protections for riverbanks and reserve forests. These steps are essential to shift from private observations of inadequate enforcement to documented public accountability.
A local farmer in Alikadam highlighted the detrimental impact of tobacco cultivation on health, soil, and the environment, emphasizing the exploitative nature of the tobacco industry. Exempting regions with severe environmental degradation from protective legislation does not serve the environment but rather prioritizes convenience over conservation.
Nur Nishat Anjum holds an MSS in anthropology from the University of Dhaka, focusing on BAT contract farming and socio-ecological issues in
