BANGLADESHI LAW ON ABORTION: RIGHT TURNED INTO CRIME
Abortion is one of those ancient legal debates which are still unsolved. However, as the Supreme Court of USA is soon to decide the fate of the historical Roe v Wade (1973) case decision, the media attention worldwide is again focused to this matter. However, this article mainly intents to briefly look into……
A Brief Description of Company Directors from a Historical and the Legal Perspective of Bangladesh
Although company is regarded as a legal person yet it cannot manage itself like a natural person. Companies are managed by the directors. During the course of their duty, managers are bound to follow specific rules regulations and perform specific duties. A company’s progress greatly depends on how efficiently the directors are handling its various affairs. And for this reason, directors are referred to as the brain of a company.[i] So, they have immense duty…..
Preservation of Democracy and Logical Exclusion of a Party: Context Bangladesh
“We the people are the rightful masters of both congress and the courts, not to overthrow the constitution but to overthrow the men who pervert the constitution”[i] -the declaration about the supremacy of the constitution proved the possession of Constitution overall and above and no one has the right to deny its superiority. From this concept the Constitution Bangladesh has protected its great essence and sanctity of Secularism through providing restriction against…..
Digital Labour Platform for Workers and the Necessity of Regulations in Bangladesh (A Socio-legal analysis)
Digital labour platform is now very popular worldwide as well as in Bangladesh. It is a modern way to embody jobs and businesses through using digital technology in online platforms. According to the Crunchbase database, it has grown more and more rapidly in the past decade, increasing in number from at least 142 in 2010 to over 777 in 2020. These platforms are either online based, with tasks performed online by…….
The Right to Surgical Informed Consent: Policy Breaking Issues & Resolution
Bangladesh is a densely populated country where every citizen has the right to receive medical treatment. In view, policy-breaking issues on infringement of the right to surgical informed consent is a major problem. Herein, negligent disclosure on treatment, where the surgeons have not entrusted for any bodily surgery of the patients at public general hospitals and private nursing homes because they have been unable to fill up the Surgical Consent Form……
Challenges in Enforcement of WTO Decision: Proposition of Reformation to Ensure Sustainability in the World Trade System
As a single International Organization, World Trade Organization (WTO) tries to work as a media where the member states negotiate regarding trade issues. By setting the rules of International trade, this organization overview each member state’s domestic trade policies and ensures transparency. Moreover, it works as a comfortable zone for developing and under developed countries which is really praiseworthy in the era of globalization. The negotiation process…..
A Genealogical Description of Bangladeshi Land Law and Land Administration
In Bangladesh numerous laws, precedents, customs and usages are there to regulate the land management and they are administered by the Land Administration. Although, such developments have caused the Bangladeshi legal system to become quite a different apparatus than its ancestors yet a clear legacy can be identified. The word “legacy” is being considered…..
Positive Discrimination and Right to Equality in Bangladesh
Introduction: The Constitution of the Peoples Republic of Bangladesh prohibits any discrimination based on gender, race, sex, caste and religion and guaranteed the right to equality under the different provisions. However, women in Bangladesh represent half of the total……
‘Prisoners’ will be kept safe and shown the way of light’: Is the prison slogan a far cry in the context of Bangladesh?
There are certain questions that arise when considering the lives of prisoners. Some of such questions are like- do prisoners enjoy their rights properly? Are they treated like animals? People have been committing different types of crimes since the creation…..
Media Trial and its effect over Judicial Proceedings
There is a legal principle that goes ‘presumption of innocence’ which refers a person is considered ‘innocent until proven guilty’. But at the current age of media the principle is contravened as following an offence any accused is straight away viewed to be guilty. Media trial is one…..
Death Penalty for Rape: Blessing or Curse?
Being one of the most heinous forms of sexual violence, rape is a traumatic event of life for a victim not only affecting their self-esteem negatively but also causing long-term psychological disaster. Due to having a weak social strata, rape survivors……
The Termination of the US Relationship with WHO: An Overview
In line with the threatening declaration of Donald Trump in May, the Trump administration notified the US Congress on July 6 that it officially withdrew from the World Health Organization (WHO). Prior to that, at the end of May, the US president Trump……
Evaluation of UN Role in Rohingya Crisis: Tale of Success or Failure?
After witnessing massive destruction caused by World War II, United Nations (UN) was established with the global endeavor for maintaining international peace and security reaffirming faith upon fundamental human rights, dignity and worth of human…..
Clinical Legal Education in Bangladesh
There is no doubt that common people face enormous obstacles to get their legal rights and remedies known and fulfilled due to a great lack of informal initiative as well as favourable way to solve their basic problems. Where to go or file complaint or what the procedure…..
Legal Analysis on application of disproportionate force by Law Enforcing Agency against Human Dignity
Publicly Shaming is one of the oldest tactics used for dispersing the crowd. From the very beginning of British Raj in this Subcontinent, the police, public officials and other law enforcing agencies are using this method for punishing the mass people. Along with public…..
The Rights of Women in International Law
Life can never be smooth sailing if one of its wings is neglected. Women are the supreme source of inspiration, an embodiment of love and compassion. They both contribute to the development of each other’s life. All human beings are born free and equal in dignity and rights…..
An Overview on Transfer of Property by Gift
Right to property has been provided in The Constitution of the People’s Republic of Bangladesh, Article 42, under which people are entitled to hold, buy or sale any piece of land that belongs to them or their ancestors. Many transactions of lands are occurring in our daily…..
Divorce Under Existing Hindu Laws in Bangladesh: Is It Possible?
Marriage is one of the 10th sacraments mentioned in Hindu Dharma Shastra. It says husband and wife through marriage dedicate themselves for the performance of religious duties and also for the spiritual benefit. According to the conventional belief of Hinduism….
E-Judiciary: A New Dawn to Justice System in Bangladesh?
Digital court system has become a way which can give us a solution to the faster and effective judicial proceeding. It is reported that 3.6 million cases are pending from subordinate courts to the appellate division. Not only for Bangladesh but for the whole world…..
Juvenile Delinquency and Child Protection in Bangladesh: How to Improve?
Crime is a socially harmful act or omission that breaches the values protected by a State. Sutherland characterizes crime as “a symptom of social disorganization”. At present context, a considerable part of…..
COVID-19 Pandemic: A New Environmental Hazard?
Environment means the sum total of surrounding, which consists of all the living beings, natural resources, that creates livable atmosphere. Environment contains…..
Is Dhaka Court Environment Capable to Fight against Covid-19 Threat?
Dhaka, the heart of the country is the epicentre of corona virus with the highest corona infection along with the highest deaths. The Dhaka city is getting toxic and will remain spreading risk without ensuring proper health…..
Ombudsman: A Demand of Time
The evil effect of deficient laws can be mitigated by good officials, but the evil effect of maladministration can’t be surmounted by good law. Administrative abuse of power is commonly seen in many countries where judicial remedy is not ……
Lockdown, Law and Life: A Critical Thought in a Constitutional Tone
We all are well informed of the fact that our government had locked down 52 zones of Dhaka after COVID-19 positive patients were found in the territories…..
Our Unrecognized Pandemic Warriors: A Look-Over on the Legal Rights of the Doctors
Doctors are the only soldier in the last battle of man against death. COVID-19 pandemic is more of a battle for the entire universe, of which the doctors are frontline warriors. Just as it is important to provide medical care, it is equally important to protect….
Reformation in Bar Council to Frame Up Graduates’ Fate: A Far Cry?
Law pervades everywhere, embracing every sphere of life and society. When it comes to the implementation of a certain legislation, people imagine two elegant categories of personalities- lawyers and judges, as they are expected to play a significant role…..
“The Legal Basis of Lockdown in Bangladesh Context”
On December 31 last year, China alerted WHO to several cases of unusual pneumonia in Wuhan, a port city of 11 million people in the central Hubei province. The virus was unknown. Then, on January 7, officials announced they had identified…..
Legal Analysis of COVID-19 pandemic: An Irrefutable Curse for Bangladesh
Currently we all are well informed of a disease which has been spread throughout the world as a living curse for human race. The effect is so severe that people are even panicked to death. COVID-19 is a new kind of contiguous disease which….
Corona Catastrophe: A Legal Watch on the Role and Rights Concerned
One of the biggest challenges the world is fighting with in 2020 is the deadly ‘Corona Virus Disease (COVID-19)’. A total 199 countries are affected around the world with this virus and World Health Organization (WHO) has declared the…..
Crossfire: Is Not a Solution to Stop Rape Culture
Rape is not only a vicious and barbarous crime, but a great sin indeed. A women’s dignity is no joke. What we understand by the word “rape” in black and white is that, it is an unlawful sexual activity carried out forcibly or under threat of injury against a person’s will….
A Comparative Approach to the Administration of Dowry Prevention: From India and Bangladesh Perspective
Rabindranath Tagore portrayed the condition of dowry in 18th century in Bangla literature in his works such as Aparichita, Dena-Pawna. After more than 100 years despite all the laws introduced to restraint dowry, we are still struggling to eradicate this problem from our culture. Dowry began as a financial assistance for the….
Ensuring Natural Justice by ‘Right To Defend’
Judiciary, one of the three organs of the government, is entrusted with the power to apply laws in order to ensure justice. But whenever there are sensitive cases like murder or rape, the common scenario that comes in front of us….
An Analysis of ADR and its Importance in Justice System in Bangladesh
Concept of Alternative Dispute Resolution (ADR)
It is said that “The more laws, the less justice”. It should be known to all that, law is not the only key to bring justice or, law does not always suffice to ensure justice. Where the law failed to ensure justice, then equity….
Liability of Courier Companies in E-Commerce: Consumer Right Perspective
One of the statuses from the official page of Criminal Investigation Department of Bangladesh Police on social media have recently been circulated, where the organization stated that they have completed a successful operation to arrest a group of online shopping fraud….
Responsibility to protect (R2P or RtoP): Is it a disguised Blessing or Oppression to the humanity?
This world is now repeatedly facing some grave emergency about Humanitarian crisis. Lots of serious issue about war and inter conflict break out continuously. Like the crisis in the Middle East and some part of Asia, the humanity itself endangered by….
“Role of Public Interest Litigation in judicial activism of Bangladesh while enforcing fundamental rights”
Fundamental rights have been inserted into the Constitution along with effective procedure of enforcement when any violation is made to them by any act or omission of either executive or legislative; which is an independent….
The Art of War : The Origin of the First Principle of International Humanitarian Law
“If you know the enemy and know yourself, your victory will not stand in doubt; if you know Heaven and know Earth, you may make your victory complete.”
This quote by the Great Sun Tzu, the author of the book ‘The Art of War’, is probably one of the most stupendous and splendid thoughts which….
Secularism, A Constitutional Myth
A common trend of practicing the non-valuation of religious practices and continuous demolition of Ethics and Morality has led this modern generation to a complex system of lifestyle which narrowed our vision….
Article 70 – A Necessary Evil?
Article 70, an anti-floor-crossing provision, was inserted in the original Constitution of 1972 following the bitter experience of the- then Pakistani regime. ‘Anti-floor-crossing’ denotes voting against one’s own party in the Parliament ….
Is Land Reform Viable under Liberal Capitalism?
Before arguing on this issue, we have to draw our attention on what is land reform and what is liberal capitalism. Because, the definition of land reform, the approach and justification of land reform have proved to be a highly ….
Abrupt use of the wide and vague legal word is a considerable reason behind the abuse of law and arbitrary exercise
Bangladesh has inherited many of its consisting laws from the British by adoption and some are promulgated after the independence of Bangladesh.But unfortunately, in many of our existing laws, the legal wordings have ….
Being a Refugee is a Circumstance, Not a Choice
We live in a rapidly changing world where it is unbelievable to hear that we are currently facing the worst global refugee crisis. Here, approximately one person is forcibly displaced every two seconds ….