Law & Our Rights

Law & Our Rights

16 days of Activism: Readers' Queries

As part of the 16 days of activism against gender-based violence, we collected queries from our readers over the past one month.

Women and Law / Custody, Guardianship, and Adoption: Comparing Bangladesh and Malaysia

The book named Impact of Gender on Custody, Guardianship, and Adoption authored by Professor Dr. Taslima Monsoor and Dr. Sridevi Thambapillay is an important cross-country study. In this book, the authors undertake a careful comparative study on how gender influences the practice of family law within Bangladesh and Malaysia, under Islamic law, in particular.

Law Opinion / Rethinking capital punishment in Bangladesh

While the international community has made tremendous progress in moving away from the death penalty, Bangladesh continues to use it for a wide range of offenses, including many that do not result in the loss of life.

Preventing illegal human organ trafficking

The Human Organ Transplantation Act 1999 has been enacted in Bangladesh to prevent commercial organ trade.

3w ago

Compensation as a remedy under constitutional tort law in Bangladesh

Article 102(1) of the Constitution enables the High Court Division (HCD) to give directions or orders as may be ‘appropriate’ for the enforcement of any fundamental rights. Thus, the Article permits the petitioner and the HCD to choose any suitable remedy, including compensation, for the enforcement of fundamental rights, as it does not specify the sort of redress.

3w ago

Bangladesh needs to introduce a good samaritan law

The common scenario concerning road accidents is that there are usually three types of people other than victims and wrongdoers, namely, reluctant spectators, stealers, and voluntary rescuers.

3w ago

Legality of ‘assisted suicide’ in Bangladesh

The concept of ‘euthanasia’ or intentionally ending a person’s life to relieve suffering, is not new. The term was first coined by Francis Bacon, referring to a situation where a doctor helps a patient to end their life.

1m ago

Ensuring judicial oversight in lawful interception

During the July-August mass uprising in Bangladesh, there were widespread concerns among citizens that phone calls and internet activities were under government surveillance, sparking fears of potential detention by the law enforcement based on information so acquired. While spyware refers to malicious software designed to gather information about a person or organisation and send it to another party, often violating the user’s privacy, lawful interception involves the authorised, legally approved monitoring of telecommunication services by the government agencies. It is crucial to review the current legal framework for lawful interception in Bangladesh and emphasise the urgent need for judicial oversight to ensure compliance with these standards.

1m ago

The reality of the right to education in Bangladesh

Recognising education as a human right is crucial for both individual and societal development. The right to education is a universally recognised right, enshrined in various international human rights documents, including Universal Declaration of Human Rights (UDHR), International Covenant on Economics, Social and Cultural Rights (ICESCR) and Convention on the Rights of the Child (CRC).

1m ago

Banning smoking in public places

While walking along the footpaths of Dhaka, one of the most persistent problems we face is exposure to cigarette smoke. The pervasive smell and clouds of cigarette smoke create an unpleasant experience for non-smokers. Indeed, due to exposure to cigarette smoke, passive smokers tend to be at significant risk of developing respiratory problems, heart disease, and even cancer.

1m ago

A call to reform the foreign donations regulation law

The clarion call for change is blowing in the wind of Bangladesh, carrying with it the potential and promise of a brighter future. To usher in this change wholeheartedly, we must acknowledge our past mistakes and work towards rectifying them. In particular, time is ripe for us to revisit the laws that potentially have a negative impact on human rights.

1m ago

A historiographical approach to addressing the refugee crisis

The global refugee crisis, with millions fleeing their homes due to violence, war, and persecution, is one of the most pressing issues of our times. While international law, particularly the 1951 Refugee Convention and its 1967 Protocol, provide the legal frameworks for refugee protection, many nations especially former colonial powers remain reluctant to accept their fair share of responsibility. A fresh approach to solving the crisis proposes that former colonial powers should accept refugees from their former colonies as a way of addressing historical injustices.

1m ago

On the livestreaming of court proceedings

People are likely to gain confidence in the justice system when they see justice getting served. This is why courtrooms are deemed open or accessible, theoretically at least, to all. By the same logic, in an age of technologies, in order to foster public confidence, should livestreaming of court proceedings be encouraged?  Comparative discussions may prove to be useful in finding the answer.

1m ago