LAW ANALYSIS

LAW ANALYSIS

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.

4d ago

Procedural Law / Legal steps for a rape victim

A very brief discussion of the possible legal steps to be taken by a rape victim are discussed in this piece.

4d ago

16 Days of Activism / A multidimensional analysis of rape

Rape and other sexual crimes are largely misunderstood because people refuse to understand or fail to understand why they are crimes in the first place.

4d ago

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.

2w ago

For your information / Food adulteration and its deadly consequences

Food adulteration slowly damages people’s health in ways that are not immediately visible, but have serious long-term effects.

2w ago

Constitution Reform / Five reform proposals to ensure a more democratic constitution

During the 2024 anti-discrimination movement, the people of Bangladesh shed their blood on the streets to achieve a fair and just society.

2w ago

Constitutional Right / 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

Law Vision / 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

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

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

Reforming the International Crimes (Tribunals) Act 1973

Since the July revolution, there has been a strong push for reforms across the country. As expected, the clamours for reforms have not left the International Crimes (Tribunals) Act 1973 (ICT Act) untouched. As the government prepares to prosecute high-ranking members of the former government, it is crucial to implement extensive reforms to the Act to ensure the proceedings are beyond reproach.

1m ago

Rethinking constitutional minimalism

In the midst of the political transition facing Bangladesh, some people have suggested that the country should adopt a simpler constitution, akin to that of the United States— one that enshrines only the loftiest aspirations of the people while relegating procedural intricacies to statutory enactments.

1m ago

Constitution, legitimacy, and governance: Addressing the hard questions

There are some serious debates around the constitutionality of Bangladesh’s interim government. We have seen attempts to justify it both in terms of Hans Kelsen’s Grundnorm theory and the existing Constitution.

2m ago

Incidents of sexual harassment and our inadequate laws

In recent months, the streets and public transports have become increasingly unsafe, with women facing escalating levels of harassment, intimidation, and verbal abuse. What was once an unspoken daily struggle has now intensified, with more aggressive tactics being employed by the perpetrators. In some instances, the harassment has taken the form of physical violence, with social media flooding with statements of women experiencing harassments, assaults, and abuse.

2m ago

Internet outage and freedom of expression

In 2012, a resolution of the United Nations human rights organisation (UNHRC) states, “the rights that people have offline must also be protected online, especially with regard to freedom of expression.” Later in 2016, the UNHRC condemned all measures that prevent the use of the Internet as a violation of human rights.

2m ago

Time to sign the Refugee Convention

In 1905, almost 46 years before the birth of the ‘Convention relating to the Status of Refugees’, commonly known as the 1951 Refugee Convention, Begum Rokeya, one of the pioneer feminist writers and scholars of Bengal talked about the ‘Principle of non-refoulement’ in her story Sultana’s Dream.

2m ago

Unlawful detention: A betrayal of human dignity and the rule of law

We are all familiar with Article 27 of our Constitution which states that it ensures equality before the law and equal protection of law. But when law enforcement authorities make unlawful detention or arrests in society, can we consider that we all enjoy the protection of law? Let us explore the law to find answer to this question.

2m ago