The High Court on Monday issued a rule asking the government to explain within four weeks why a law allowing city corporations to regulate e-rickshaws should not be declared unlawful.
The court also asked the authorities to explain why two official memorandums approving and finalising the design and specifications of low-speed battery-run three-wheelers should not be declared illegal.
The memorandums were issued by the Local Government Division in June 2025, following an initiative by Dhaka North City Corporation in May 2025.
The rule relates to the Local Government (City Corporation) (Amendment) Act, 2026, published in the Bangladesh Gazette on April 10.
The bench of Justice Fatema Najib and Justice AFM Saiful Karim passed the order after hearing a writ petition filed by Supreme Court lawyer Nazia Kabir, an executive committee member of Ain o Salish Kendra.
The court directed the government, the Local Government Division, Dhaka North City Corporation, Dhaka South City Corporation, and the Bangladesh Road Transport Authority to respond to the rule.
The petitioner argued that the law conflicts with the Road Transport Act, 2018, which grants regulatory authority over motor vehicles to the Bangladesh Road Transport Authority.
According to the petition, several provisions of the new law allow city corporations to control the design and technical aspects of e-rickshaws, creating a conflict with the 2018 law. The memorandums were also alleged to have been issued in violation of the Road Transport Act, 2018, and the Rules of Business, 1996.
Appearing for the petitioner, lawyer Anisul Hassan argued that the Road Transport Act, 2018, gives the BRTA exclusive authority to regulate motor vehicles.
He submitted that e-rickshaws qualify as motor vehicles because they are mechanically powered and operate on public roads. Therefore, their registration and regulation should remain under the BRTA, not city corporations.
He warned that dual control by multiple authorities would create confusion and impose additional financial burdens on poor people who rely on e-rickshaws for their livelihood.
Raising environmental concerns, he challenged government approvals allowing the use of lead-acid batteries in e-rickshaws.
These batteries are highly toxic, pose serious risks to public health, and violate constitutional rights to life and safety, he argued.
Lead-acid batteries are a major source of pollution and are not environmentally sustainable, making such approvals unlawful, he said and alleged that the law and related memorandums were issued through misuse of power and in violation of constitutional and statutory provisions.
On penalties, the lawyer argued that the punishment under the Local Government (City Corporation) Act, 2009 is too weak for offences involving motor-driven vehicles. The law allows a fine of up to Tk 5,000, with an additional Tk 500 per day for continuing offences, which he said is inadequate for ensuring public safety.
In contrast, he noted that the Road Transport Act, 2018 provides stricter penalties and includes compensation mechanisms for accident victims. Bringing e-rickshaws under BRTA control would ensure stronger enforcement and better protection for victims.
He also questioned the technical capacity of city corporations, arguing that they lack the expertise to set and enforce proper standards for e-rickshaws.
Referring to constitutional obligations, he said that the state must protect the environment and natural resources for present and future generations.
The lawyer noted that the use of battery-run vehicles has increased rapidly in Bangladesh, with most relying on locally made lead-acid batteries that are not properly recycled. This has led to widespread pollution of soil, water, and air.
According to the petition, about 2.5 million battery-run vehicles operate in Dhaka and around 5 million across the country. Each vehicle uses four batteries that typically last six to 12 months, creating a large volume of hazardous waste.
