Law & Our Rights, The Daily Star

15/11/2024

Section 10A of the Act further enunciates that if any offence is committed by any hospital under this Act, the hospital's permission to transplant organs will be canceled, and a fine will be imposed. However, the author believes that despite existing laws, illegal organ trade is not being prevented or controlled.

The Human Organ Transplantation Act 1999 has been enacted in Bangladesh to prevent commercial organ trade.

15/11/2024

Compensation was also acknowledged as a legal remedy under Article 102(1) in the case of Bangladesh v Ahmed Nazir. In this case, the Appellate Division (AD) determined that the Court possesses the authority to exercise its discretion in granting the remedy, which is contingent upon examination of the facts and circumstances. The responsibility for determining suitable remedies under Article 102 lies with the HCD, whether they are monetary or otherwise.

Article 102(1) of the Constitution enables the High Court Division (HCD) to give directions or orders as may be ‘appropriate’ for the enforcement of any fundamental rights. Thus, the Article permits the petitioner and the HCD to choose any suitable remedy, including compensation, for the enforce...

15/11/2024

The Bangladesh Constitution imposes a duty upon the State to ensure the right to life and medical care in Articles 32 and 15(a), respectively. Thus, the parliament, being an organ of the State, is obliged to protect these rights and the voluntary saviours of these rights –good samaritans– by legislateon.

The common scenario concerning road accidents is that there are usually three types of people other than victims and wrongdoers, namely, reluctant spectators, stealers, and voluntary rescuers.

07/11/2024

In Bangladesh, current criminal laws impose penalties for intentionally causing someone's death, regardless of whether the person consented. If a doctor performs euthanasia without consent, it may be deemed justifiable under section 92, though this section does not permit a doctor to intentionally cause death.

The concept of ‘euthanasia’ or intentionally ending a person’s life to relieve suffering, is not new. The term was first coined by Francis Bacon, referring to a situation where a doctor helps a patient to end their life.

07/11/2024

Lawful interception has become an important tool for the law enforcement agencies and other government services around the world for investigating and prosecuting criminal activities and terrorist operations. The concept of lawful interception has been introduced in Bangladesh by amending the Bangladesh Telecommunication Amendment Act 2001 in 2006.

During the July-August mass uprising in Bangladesh, there were widespread concerns among citizens that phone calls and internet activities were under government surveillance, sparking fears of potential detention by the law enforcement based on information so acquired. While spyware refers to malici...

07/11/2024

Primary education has been made free and compulsory through the Primary Education (Compulsory) Act, 1990, but this only scratches the surface of the problem. According to a report by Bangladesh Bureau of Statistic, the number of students' dropout rate rose by more than threefold from 2019 to 2023.

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 Econo...

07/11/2024

As per Ain O Shalish Kendra and various news reports, during the period between January and September 2024 alone, 129 women were killed by their husbands, while 329 women were r***d across the country. The number of incidents of violence against girl children is staggering- 521!

The 2024 SDGs Gender Snapshot reports that 1 in every 8 women and girls aged between 15–49 was subjected to sexual and/or physical violence by an intimate partner in the preceding year, portraying a grim picture of Violence against Women (VAW) worldwide.

These are not mere numbers, rather lived realities for women.

Do you have any legal questions about VAW? Regarding the relevant legal remedies and the like?

Send us all your queries at: [email protected]

We will publish our experts' answers to your questions over our . Stay tuned for more updates.

01/11/2024

The Foreign Donations (Voluntary Activities) Regulation Act of 2016 is an affront to the development sector and must be rethought, if not abolished outright.

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 th...

01/11/2024

Historical injustices perpetuated by colonialism, such as exploitation, violence, and the deliberate undermining of local governance, contributed to the conditions that underlie forced migration in many contexts today.

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 nati...

01/11/2024

The authorities must focus on both sincere enforcement of the law and public awareness campaigns. Only by making these combined efforts, can we hope to create a more responsible and health-conscious society in Bangladesh.

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 signifi...

24/10/2024

Livestreaming court proceedings may potentially bring about transformative changes within our legal framework. In particular, it may help re-establish public confidence in our judicial system. The young law students and novice lawyers can enrich themselves by witnessing the judicial proceedings firsthand as well.

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 pro...

24/10/2024

Amending the ICT Act is not just a legal necessity but a moral imperative. Ensuring that the trials are fair, transparent, and beyond criticism will not only honour the memory of the victims of the July massacre but uphold the principles of justice. The time for reform is now, and it is crucial that we seize this opportunity to create a more just and equitable legal framework.

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....

18/10/2024

The 'Hezbollah' members had been using 'pagers' as their communication tool for the past few years in order to escape the GPS tracking system. On 17 and 18 September thousands of pagers exploded at the same time and claimed 37 lives including a nine-year-old girl and a medical personnel.

According to the Charter of the United Nations under article 2(4) all members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other way inconsistent with the purposes of the United Nati...

18/10/2024

Empowering military officers as Special Executive Magistrates has also happened in the past, but it certainly is quite rare and unusual. Vesting magistracy powers on the military can play a helpful role in bringing law and order situation back to normal; however, the military certainly cannot be a substitute for the police and civil administration.

It has been two months since the current interim government took over after the fall of the previous authoritarian regime.

18/10/2024

While the simplicity of the American short constitution may appeal to the admirers of minimalist constitutions, the socio-political and historical realities of Bangladesh demand a more detailed constitutional framework. The complexity of governance, the diversity of the nation, and the need for clarity and enforceable safeguards make the adoption of a short constitution both impractical and potentially perilous.

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 enactm...

11/10/2024

Bangladesh's current interim government is thriving in a "constitutional emptiness" and will require a retrospective validation either within the existing or in a potentially "new" Constitution in the near or distant future. Read the full article.

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.

11/10/2024

The legal framework must explicitly define sexual harassment, including in non-physical forms such as verbal abuse and stalking. Laws should also go beyond retribution and solidify preventive measures, effective investigation procedures, and compensation for victims. Read the full article.

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 so...

11/10/2024

The macroeconomic challenges of Bangladesh keep accelerating due to the constant presence of nonperforming loans in the banking sector. More alarming is that the defaulter-borrowers consider themselves Cronus, the disloyal God of Greek mythology having a tendency of betraying those who had helped them in need. Read the full article.

The macroeconomic challenges of Bangladesh keep accelerating due to the constant presence of nonperforming loans in the banking sector.