Law & Our Rights, The Daily Star

24/06/2025

Md. Fahmedul Islam Dewan writes, "The BLA governs workers' rights but does not include protection for gig workers. According to section 2(65) of the Act, a worker is any person, including apprentices, irrespective of whether the terms of his employment are expressed or implied, who works in any institution or industry, directly or through contractor, in exchange of wages or money for any skilled, unskilled, physical, technical, etc. Workers in the gig economy, such as ride-hailing drivers, delivery drivers, and freelancers, do not fall under this categorisation since there is no official employer-employee relationship. Without such a connection, gig workers are arguably ineligible for basic protections such as minimum wage, sick leave, health insurance, and employment security."

Read the full article here:

The gig economy, notably via platforms such as Uber, Pathao, and Foodpanda, has created new possibilities and constraints in the labour markets across various countries, including Bangladesh.

24/06/2025

"While intending to enhance transparency, the Ordinance may have paradoxically introduced new loopholes. It is submitted that implementing this Ordinance in its current form risks exacerbating the problems it seeks to address. As the HCD observed, more discussions on this matter can be done in the new parliament. At this historic moment when the whole nation is looking forward to seeing meaningful reforms, a carefully drafted law is imperative," writes Atiqur Rahaman.

Read it here:

The newly enacted Supreme Court Judges’ Appointment Ordinance 2025 marks a potentially significant move toward a fairer and more transparent judicial appointment process in Bangladesh. This initiative comes at a time when discussions and anxieties surrounding the selection of judges for the higher...

24/06/2025

"Bangladesh ranked 75th out of 83 countries in the Global AI Index. This is not only about technology, but it also reflects a broader failure to prepare our legal, educational, and social institutions for the future. In contrast, countries such as the UAE are using AI to predict and prevent disasters, e.g., fire-related disasters, before they can occur by feeding the AI with vast data and training models. Sadly, we are still struggling with digital literacy and addressing digital divides," writes Satirtha Chakma.

Read the full article in the link below.

Artificial Intelligence (AI) is no longer the future— it is the present. From global finance to health, surveillance to academics, and the legal profession, AI systems are now integrated into many aspects of our everyday life.

18/06/2025

A major problem with the current law is that it does not impose any explicit restrictions on the use, advertising, promotion, sponsorship, or packaging, and labeling of 'e-cigarettes'.

The to***co epidemic is one of the biggest public health threats the world has ever faced. According to the World Health Organisation (WHO), smoking kills nearly 8 million people yearly, while secondhand smoke causes another 1.3 million deaths annually. Despite this horrific number, it is shocking t...

18/06/2025

“In fact, members of our constituent assembly did not intend to be keep ESC rights unenforceable forever. Tajuddin Ahmed, for instance, stated in the Constituent Assembly that the future parliament may take decisions on their enforceability.”

In 1937, Ireland, for the first time, incorporated the Economic, Social and Cultural (ESC) rights in its Constitution as unenforceable directive principles. Countries such as India and Bangladesh followed the same model in their respective Constitutions.

18/06/2025

“With the advent of the DSA and ICTA, a way to curb the constitutional guarantees was laid out. The process commenced with the creation of a delusion as to the concept of freedom of expression.”

Although in postmodern values, both ideas of religion and nationality are disregarded as subjective truth, which exist only in the psychological realm; historically, people of this subcontinent demonstrated affinity for the homeland and fostered devotion for their deity at the same time.

13/06/2025

A legal entity, like an AI-managed logistics firm, is no longer a tool but a collective actor. Just how a football team function as a unit, the AI system and its human "organs"—engineers, managers, users—operate together and can be blamed when required as a whole.

On April 28, the world observes the World Day for Safety and Health at Work—a day specified by the UN to reflect on how to make workplaces safer.

13/06/2025

Although the Act made certain offenses bailable and capped maximum penalties, it did not address the fundamental flaws in the predecessor. The phrasing remained vague, judicial oversight continued to be lax, and enforcement continued to be under the control of potentially biased actors.

The cyber legal landscape of Bangladesh has witnessed a phase of transition in recent years, initially marked by the repealing of the controversial Digital Security Act (DSA), 2018 with the Cyber Security Act (CSA), 2023 and now replacing the Cyber Security Act with the Cyber Protection Ordinance (C...

28/05/2025

Under traditional religious laws, conversion to another faith typically results in the loss of familial and succession rights. Recognising the severity of this issue, the British colonial government enacted reforms.

From the earliest periods of human civilisation, religion has served as one of the foundational elements of social identity and cohesion.

21/05/2025

When the investigation and prosecution processes are thorough and immaculate, plea bargaining will truly be effective. However, an accused who in fact committed the offence feels more likely to deny than admit guilt, since casting reasonable doubts on the prosecution's narratives are easier due to lack of evidence at the hands of the prosecution due to faulty investigation process.

Article 35(3) of the Constitution of Bangladesh enshrines that every person accused of criminal offence shall have the right to a speedy and public trial by an independent and impartial court or tribunal established by law.

21/05/2025

The most significant change is the introduction of digital methods for the issuance and service of summons upon the defendant/s. This amendment will allow the summons to be issued and served upon the defendant/s by means of SMS, Voice Calls or Instant Messaging service such as WhatsApp, telegram etc.

The Code of Civil Procedure (CPC), the century-old go-to apparatus for the civil law practitioners in Bangladesh, have gone through significant amendments. The amendments by and large aim to streamline civil court’s processes, expedite the disposal of civil suits, and ensure more effective and spe...

20/05/2025

Dear readers,

From now on, you will read us on Wednesdays!

Yours,

Law Desk