Law & Our Rights

Law & Our Rights

Citizenship Law / Understanding Birthright Citizenship

The ban on the US birthright citizenship (jus soli-right of the soil) by the 47th President of the United States Donald Trump is perhaps one of the most discussed topics at this moment across the globe.

Intellectual Property Rights / Global South and the WIPO treaty on genetic resources and traditional knowledge

A long-awaited intellectual property treaty relating to ‘Intellectual Property, Genetic Resources and Associated Traditional Knowledge’ was adopted on 24 May 2024at a diplomatic conference by WIPO (World Intellectual Property Organisation).

Law Advocacy / Need for Medical Negligence Law

One year back, on 19 February 2024, the death of Raahib Reza due to a sudden cardiac arrest, at the capital’s Labaid Hospital, Dhanmondi, shocked the country.

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.

6m ago

The Bangladesh ICT trial process in the British Supreme Court: Some observations

A US Senator declared that he would introduce a private bill to control gun violence/killings. But no such bill was introduced for years.

6m ago

Navigating jurisdictional complexities in the Anwarul Azim murder case

Recently, there has been significant press coverage in Bangladesh and India regarding the heinous murder of Bangladeshi Member of Parliament Anwarul Azim in India. The majority of the accused individuals are of Bangladeshi origin and have been apprehended in Bangladesh. However, the primary culprit, who happens to be a Bangladeshi American, escaped to the United States. Therefore, three countries are now involved with this case, prompting a discussion on jurisdiction over crimes in international context.

7m ago

Genocide, denial, and Gaza

Genocide denial is deeply rooted in socio-political, and historical complexities and manifests in many forms across instances like the Armenian, Holocaust, Roman, Rwandan, Bangladesh, and Rohingya genocides, to name a few.  The genocide unfolding in Gaza is live streamed before the world and yet its continuance is being vehemently denied by Israel and its allies.

7m ago

Challenges and prospects of enforcing foreign decrees in Bangladesh

In today’s globalised world order, cross-border transactions and consequent disputes have been a common phenomenon.

7m ago

Navigating Non-Performing Loans (NPLs) and loan defaults in Bangladesh

The issue of defaulting on loans continues to be the biggest trouble for the banking industry. At the end of March 2024, total disbursed loans stood at BDT 16,40,000 crore, of which BDT 1,82,000 crore were in default, the highest in the history of Bangladesh. Currently, 11.11 percent of disbursed loans have turned into NPLs.

7m ago

Our “immutable” Constitution and the paradoxes of Article 7B

Bangladesh’s Constitution has seen its “basic structures” altered by several amendments. Several of those amendments altered the Constitution so drastically that we tend to call them “constitutional dismemberments”– a term borrowed from Professor Richard Albert of the University of Texas at Austin. The Supreme Court of Bangladesh declared some, such as the Fifth and Seventh, constitutional amendments, unconstitutional. Some, such as the Fifteenth, were never formally challenged.

7m ago

Role of the Supreme Court in an amalgamation process

Under the scheme of the Companies Act 1994, sections 228 and 229 require a scheme of amalgamation, be it for merger or acquisition, to get approved by the High Court Division (HCD or Court). 

7m ago

Judicial discretion as a potent tool

When a legal rule is not adequate to reach a conclusion, honorable judges use their discretionary power by seizing assistance from legal principles, which they are entitled to do.

7m ago

Secularism and state religion in the Bangladesh Constitution

One of the most unique features of the Bangladeshi Constitution is that it pledges to conserve secularism (Article 12) while also declaring Islam as its state religion (Article 2A).

7m ago