Justice Badrul Haider Chowdhury called Bangladesh Constitution an “autochthonous constitution” because it got its power from the very people.
Democratic society is based on consent. Sexual relationship must be consensual. Otherwise, it amounts to a crime according to section 375 of the Penal Code, 1860. The question of consent is raised in defence of the accused and therefore the onus probandi (burden of proof) rests on the accused, although the general principle is that the onus is on the prosecution.
What is the source of legality or legal validity (‘Boidhota’ in Bengali) of a constitution? A superior law? India and Pakistan got their independence and established two constituent assemblies via the enactment of the Indian Independence Act, 1947.
Justice Badrul Haider Chowdhury called Bangladesh Constitution an “autochthonous constitution” because it got its power from the very people.
Democratic society is based on consent. Sexual relationship must be consensual. Otherwise, it amounts to a crime according to section 375 of the Penal Code, 1860. The question of consent is raised in defence of the accused and therefore the onus probandi (burden of proof) rests on the accused, although the general principle is that the onus is on the prosecution.
What is the source of legality or legal validity (‘Boidhota’ in Bengali) of a constitution? A superior law? India and Pakistan got their independence and established two constituent assemblies via the enactment of the Indian Independence Act, 1947.
