LAW ANALYSIS

LAW ANALYSIS

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.

1d 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.

1d 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.

1d 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).

2w 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.

3w ago

Law Reform / 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.

3w ago

Law Letter / 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.

3w ago

LAW REFORM / 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.

4w ago

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.

2m ago

A critical look into our Ombudsman law

‘Ombudsman’ is a Swedish term meaning ‘representative of the people’. The Swedish parliamentary Ombudsman was instituted in 1809.

3m ago

Bangladesh’s Interim Government: What should be its tenure?

How long can the Bangladesh Interim Government (BIG) led by Dr. Muhammad Yunus, stay in office? Several political parties, including BNP, have demanded that the 13th parliamentary elections be held as soon as possible, preferably within three months. This political attitude is nothing to be surprised about.

3m ago

Who has paralysed the postwar rule-based world order?

The heinous tragedy and torment of Gaza continues unabated. The outrage of international public opinion, overwhelming support of states in the UN General Assembly, unprecedented Security Council binding resolution, and the Secretary-General’s repeated warning of an apocalyptic situation warranting immediate cease-fire and uninterrupted access of humanitarian assistance have so far gone unheeded in this world order.

5m ago

Legal remedies available for road accident victims

The Road Safety Foundation (RSF) reports that almost 6524 lives have been lost by accident in 2023. Along with deaths, several people are also left severely injured by such accidents.

6m ago

Fatal consequences of lead pollution in Bangladesh

Lead is a toxic, non-biodegradable chemical element that mostly exists in ore form. Alhough it is a natural element of our environment, due to anthropogenic reasons such as combustion of gasoline, burning of coal, mining, smelting, using lead-based paints and batteries— the level of lead exposure has risen to an alarming level.

6m ago

How South Africa is challenging Israel at the ICJ: A case of obligation to prevent genocide

Most recently, South Africa has instituted proceedings in the International Court of Justice (ICJ) against Israel, accusing it of violating the Convention on the Prevention and Punishment of the Crime of Genocide, in relation to its military operations against the Hamas in the Gaza Strip.

10m ago

Analysing the Universal Pension Management Act 2023

Social safety net programmes to protect the vulnerable population are not a new concept. However, in the context of Bangladesh, the Universal Pension Management Act 2023 is quite a novel (and laudable) initiative. In this write-up, we will focus on the important aspects of the Act as well as compare it with the International Labour Organisation’s (ILO) multi-tier pension model.

10m ago

Looking Back at the Laws enacted in 2023

2023 was a year filled with new legislation. A total of 50 new laws were enacted by the parliament on a wide range of areas. Law making in 2023 was by and large characterised by a reform spirit (i.e., reforming old laws), devising welfare schemes, and defining new offences. Few notable ones are discussed in this piece.

10m ago

Why the Arbitration Act 2001 is not exhaustive

Arbitration has emerged as the pre-eminent mode of dispute resolution in domestic and international trade. Its absence could jeopardise the

1y ago