Bot Law & Our Rights
RIGHTS WATCH / Accession to the Enforced Disappearance Convention Ending Impunity?
In recent years, enforced disappearance has emerged as a grave concern in Bangladesh because many such incidents have gone unpunished in the absence of any law to criminalise it.
LAW VISION / Biosecurity Laws and infectious diseases
Infectious disease outbreaks have been a recurring theme in human history. The new variant of the bird flu (H5N1), facilitated by a minor change in its DNA, infecting bird species, and even humans leading to one death in Mexico.
Law and Politics / Rethinking the Bangladesh-India water politics
To strike an equitable water-share mechanism between Bangladesh and India, the Joint Rivers Commission was formed in 1972, and the Ganges Water Sharing Treaty was approved in 1996, establishing a structure for collaboration between governments.
Constitutional Law / A case against Article 7B of our Constitution
The Constitution of Bangladesh is the highest law of the land. As stated in the preamble and Article 7, our Constitution has been framed to uphold the “solemn expression of the will of the people”.
Democracy and Inclusion / Electoral inclusion of Persons with Disabilities
According to the National Survey on Persons with Disabilities (NSPD) 2021 by Bangladesh Bureau of Statistics (BBS), the percentage of disability is higher among adult people than among children in Bangladesh.
Rights and Justice / The state of mob justice in Bangladesh
Mob justice, also known as vigilante justice, involves a group of people taking the law into their own hands, meting out punishment through violence.
Law and Society / People’s understanding of ‘Law’ during the uprise: A sociolegal analysis
The July uprising marks a significant event for our national history not only as a moment of political introspection, but also in terms of appreciating people’s perception and understanding of law as a lived experience.
RIGHTS WATCH / Privacy concerns over phone searches
During the quota reform movement in July and early August, reports emerged of police conducting unjustified phone searches and making arrests.
On second marriage by husband
This week Your Advocate is Barrister Omar Khan Joy, Advocate, Supreme Court of Bangladesh. He is the head of the chambers of a renowned law firm, namely, 'Legal Counsel', which has expertise mainly in commercial law, family law, labour law, land law, constitutional law, criminal law, and IPR.
UN Security Council’s Gaza ceasefire appeal
Following months of deliberation, the UN Security Council successfully adopted a resolution on 25 March 2024 calling for an “immediate ceasefire for the month of Ramadan” and emphasising the urgent need for increased humanitarian aid to enter Gaza. In practical terms, this resolution, in accordance with international law, is legally binding on all UN member states, including Israel and Palestine, the latter holding observer status.
Burden sharing in the context of refugee crisis
The UN Refugee Convention 1951 was crafted to support the refugees legally and morally. Many European states benefitted from the convention after World War II. However, it is a matter of irony that many of these same states are in favour of close borders now, whenever people are seeking refuge as the victims of war, ethnic cleansing, political or communal clashes, etc.
Exploring legal realism and legal formalism for the Rana Plaza judgment
During a recent visit to Bangladesh, I conducted interviews for a specific purpose. One case of interest was the prolonged legal proceedings surrounding the Rana Plaza tragedy, which began on 24 April 2013. While the Apex court recently instructed the trial court to expedite proceedings and deliver a judgment within six months, only 69 out of 594 witnesses have been examined as of March 2024, raising concerns about the efficiency of the justice system.
The hegemonic Western world order in crisis in Gaza
Few postwar world order crises have solicited world attention and concern as alarmingly as has the ongoing genocidal mass killings and wanton devastation in Gaza by Israel.
The principle of comity of courts and child welfare in custody disputes
The principle of comity of courts is closely connected with the effective and efficient administration of justice throughout the world.
The politics of recognition and Bangladesh’s statehood
Following the surrender of Pakistani army to Bangladesh on 16 December 1971, after the bloody war of nine months, the ultimate victory was attained.
A stand-alone human right to healthy environment
Addressing the climate crisis in a way that not only protects the environment and lowers emissions, but also makes the world a more equitable, just, and fair place to live is known as climate justice.
Fair use of the copyrighted works in Bangladesh
The Copyright Act 2023 brought many significant changes replacing its predecessor- the Copyright Act 2000. One such significant change is the incorporation of the liberal version of the ‘fair use’ provision. This write-up examines the scopes and limitations of this incorporation.
Decriminalising the attempt to commit suicide
In Bangladesh, a comprehensive study by the Centre for Injury Prevention and Research, Bangladesh (CIPRB) in 2013 found that more than 10,000 people die every year owing to suicide. It is important to note that attempting to commit suicide is a punishable offence under section 309 of the Penal Code, 1860.