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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The state of mob justice in Bangladesh
Mob justice, also known as vigilante justice, involves a group of people taking the law into their own hands, meting out punishment through violence.
Privacy concerns over phone searches
During the quota reform movement in July and early August, reports emerged of police conducting unjustified phone searches and making arrests.