LAW ANALYSIS

LAW ANALYSIS

Women and Law / Observing International Women’s Day

Global observance of the International Women’s Day (IWD) on March 8 every year sheds light on gender equality, women’s rights, and the challenges faced by women worldwide.

3m ago

Law and Technology / Technological advances and the right to freedom of thought: The liminal space

Freedom of thought is known as one of the foundations of a democratic society. Article 39(1) of our Constitution guarantees the right to freedom of thought without any exception, pointing towards its absoluteness.

3m ago

Law Vision / Safeguarding novel designs in business

A common scenario prevalent in Bangladesh is replicating foreign or local brand clothes and accessories and selling them at a lower price in the market. In fact, if any design or product becomes popular or viral on social media, many local designers try to replicate that design.

3m ago

Constitutional Law / A Powerless Senate? Rethinking Bangladesh’s Proposed Bicameralism

The Constitution Reform Commission’s recently published report has reignited debate about Bangladesh’s democratic future.

3m ago

Law Letter / Ensuring fair trials in Bangladesh

Any justice system must have fair trials as a cornerstone, ensuring that each individual receives the same impartial treatment while in conflict with the law. Articles 27 and 31 of the Constitution of Bangladesh upholds the concept of fair trial. Nevertheless, there are several obstacles that hamper the execution of justice when these concepts are put into practice.

5m ago

Year-end Law Review / Reviewing the laws enacted in 2024

The year 2024 presented new hopes for Bangladesh. New laws and ordinances were enacted, some old laws were revised as the spirit of reforming the state touched the legal landscape.

5m ago

Law Review / Revisiting the Draft Personal Data Protection Act 2023

In digital age, personal data fuels the online ecosystem while also raising privacy concerns. To address this issue, Bangladesh aims to strengthen its data privacy framework by adopting the draft Personal Data Protection Act, 2023 (PDPA).

6m ago

Laws of War / Understanding the Syrian Armed Conflict

Rebel forces, particularly Hayat Tahrir al-Sham (HTS) and the Syrian National Army (SNA), carried out an offensive that ended the 50 years of the Assad family’s authoritarian rule in Syria. An armed coalition, supported by both state and non-state actors, was involved in this offensive.

6m 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.

7m 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.

7m 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.

7m 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.

8m 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.

8m 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.

8m 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.

8m 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.

8m 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.

8m ago

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.

9m ago