Law & Our Rights
Revisiting the Quota Reform Movement and police powers
Amidst the turbulent circumstances arising from the recent Quota Reform Movement, a significant number of allegations were brought against the actions of the police forces. Along with the reports of deaths and injuries, overwhelming number of arrests and detentions without prior explanation, stops and searches, and custodial tortures were reported this time, while the authorities consistently branded such actions as countermeasures to internal political turmoil.
8 August 2024, 18:00 PM
Quota reform movement in context
Amid the quota reform protests, A juvenile court in Dhaka rejected bail petition of a 17 year old Dhaka College student Hasnatul Islam Faiyaz. Below is a general analysis on the legality of treating children in contact and in conflict with law.
8 August 2024, 18:00 PM
Internet outage and our rights
At present, internet is no more a luxury, rather a day-to-day necessity for our survival. Internet not only keeps us in touch with the world at large, it also works as a medium to exercise an array of civil and political rights of the citizens (ranging from freedom of speech and expression to the right to use and impart information).
1 August 2024, 18:00 PM
The new quota scheme
Positive discrimination or affirmative action schemes are permitted under articles 28(4) and 29(3) of the Constitution of Bangladesh. The preamble to the constitution envisions an egalitarian and exploitation-free society where there is fundamental freedom and dignity.
1 August 2024, 18:00 PM
On the disproportionate use of force on protests
The reason we have law enforcement agencies in modern states is to protect the rights of the citizens. However, when disproportionate force is used against the citizens by states using these agencies, the very same rights are violated. Below is an analysis keeping the quota reform movement in the background.
1 August 2024, 18:00 PM
Right to information and Bangladesh
Bangladesh experienced a wave of enthusiasm in the wake of the enactment of the Right to Information Act in 2009. Initially, public perceived the law to be a potent instrument that would enable them to keep an eye on government activities, reveal wrongdoings, and hold public officials accountable. However, as time went on, the initial zeal faded, and the Act came to use for only a handful of people.
18 July 2024, 18:00 PM
Obstetric violence and women’s human rights in Bangladesh
Safe motherhood entails a serious consideration of ensuring safe maternal and reproductive healthcare services. Yet, women in our country often face the challenge of trading off their health safety for childbirth.
18 July 2024, 18:00 PM
On quota reform movement and judicial decision-making
Whether pressure of any social movement can influence judicial decision-making is a complex question and touches on fundamental aspects of constitutional law, judicial independence, and separation of power. The question becomes all the more complicated when the decision-making lies with the highest judicial authority of the state (i.e., the Supreme Court).
18 July 2024, 18:00 PM
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.
11 July 2024, 18:00 PM
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.
11 July 2024, 18:00 PM
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.
4 July 2024, 18:00 PM
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.
4 July 2024, 18:00 PM
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.
4 July 2024, 18:00 PM
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.
27 June 2024, 18:00 PM
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.
27 June 2024, 18:00 PM
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).
20 June 2024, 18:00 PM
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.
20 June 2024, 18:00 PM
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).
20 June 2024, 18:00 PM
Shipbreaking yards need to be environment friendly
The shipbreaking industry implies an industry that processes (e.g., separates and stores) old and discarded steel, copper metal materials, serviceable parts and machineries, fittings, furniture, and other materials in a shipyard or any convenient place. Importing and dismantling ships can generate foreign exchange revenue for the home country and potentially boost economic growth. Bangladesh is making a significant contribution to the global shipbreaking market through resource recovery.
11 June 2024, 18:00 PM
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.
11 June 2024, 18:00 PM