Law & Our Rights
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.
LAW VISION / Rethinking our parliamentary accountability
Bangladesh is a parliamentary democracy with a constitutional mandate for responsible government. Responsible government is a conception of a system that embodies the principle of parliamentary accountability.
ICJ’s Advisory Opinion on Israel’s Presence in the Occupied Palestinian Territory
On July 19, 2024, the International Court of Justice (ICJ) issued its advisory opinion in Legal Consequences arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, including East Jerusalem.
Revisiting the Quota Reform Movement and police powers
Amidst the turbulent circumstances arising from the recent Quota Reform Movement, a significant number of allegations were brought against the actions of the police forces. Along with the reports of deaths and injuries, overwhelming number of arrests and detentions without prior explanation, stops and searches, and custodial tortures were reported this time, while the authorities consistently branded such actions as countermeasures to internal political turmoil.
Quota reform movement in context
Amid the quota reform protests, A juvenile court in Dhaka rejected bail petition of a 17 year old Dhaka College student Hasnatul Islam Faiyaz. Below is a general analysis on the legality of treating children in contact and in conflict with law.
Internet outage and our rights
At present, internet is no more a luxury, rather a day-to-day necessity for our survival. Internet not only keeps us in touch with the world at large, it also works as a medium to exercise an array of civil and political rights of the citizens (ranging from freedom of speech and expression to the right to use and impart information).
The new quota scheme
Positive discrimination or affirmative action schemes are permitted under articles 28(4) and 29(3) of the Constitution of Bangladesh. The preamble to the constitution envisions an egalitarian and exploitation-free society where there is fundamental freedom and dignity.
On the disproportionate use of force on protests
The reason we have law enforcement agencies in modern states is to protect the rights of the citizens. However, when disproportionate force is used against the citizens by states using these agencies, the very same rights are violated. Below is an analysis keeping the quota reform movement in the background.
Right to information and Bangladesh
Bangladesh experienced a wave of enthusiasm in the wake of the enactment of the Right to Information Act in 2009. Initially, public perceived the law to be a potent instrument that would enable them to keep an eye on government activities, reveal wrongdoings, and hold public officials accountable. However, as time went on, the initial zeal faded, and the Act came to use for only a handful of people.
Obstetric violence and women’s human rights in Bangladesh
Safe motherhood entails a serious consideration of ensuring safe maternal and reproductive healthcare services. Yet, women in our country often face the challenge of trading off their health safety for childbirth.
On quota reform movement and judicial decision-making
Whether pressure of any social movement can influence judicial decision-making is a complex question and touches on fundamental aspects of constitutional law, judicial independence, and separation of power. The question becomes all the more complicated when the decision-making lies with the highest judicial authority of the state (i.e., the Supreme Court).
Legal implications of prenatal injuries
Prenatal injury refers to such injury that occurs before birth while the fetus develops inside the womb of a mother. Previously, there was a trend of considering an unborn child part of the mother and it was only the mother who could claim compensation for injuries caused to a fetus. Over time, many jurisdictions have crafted scopes for both tortious and criminal liabilities to be claimed by a child for prenatal injuries.
