Law & Our Rights, The Daily Star

20/12/2024

The involvement of a foreign state in a non-international armed conflict presents a significant challenge for IHL in classifying these types of armed conflicts. A non-international armed conflict becomes an international armed conflict when foreign intervention is involved.

Rebel forces, particularly Hayat Tahrir al-Sham (HTS) and the Syrian National Army (SNA), carried out an offensive that ended the 50 years of the Assad family’s authoritarian rule in Syria. An armed coalition, supported by both state and non-state actors, was involved in this offensive.

20/12/2024

While Section 35 of the draft PDPA details the composition and operations of the Data Protection Board, it lacks explicit guarantees of the agency's independence. Without clear safeguards for autonomy, there is a risk of conflict of interest that could undermine its impartiality as a regulatory body.

In digital age, personal data fuels the online ecosystem while also raising privacy concerns. To address this issue, Bangladesh aims to strengthen its data privacy framework by adopting the draft Personal Data Protection Act, 2023 (PDPA).

13/12/2024

In the name of development, Bangladesh has frequently undertaken various environmentally hazardous projects and policies. The incorporation of the right in the Constitution would create an obligation on the State to scrutinise policies and developments from a healthy-environment lens.

The notion that a safe and healthy environment can be a right may still sound new to us.

13/12/2024

Local authorities in the UK nowadays are increasingly distanced from the care workers, especially the Bangladeshi migrants, due to adopting the outsourcing policy and contractual arrangements through labour suppliers instead of government agencies. Note that in the UK, care workers are tied to a sponsoring employer for their visa status. As a result, the care workers are less likely to air their grievances against the employers.

There are many critical human rights issues of Bangladeshi healthcare workers who went to the United Kingdom (UK) under the Health and Care (HC) worker visa scheme.

13/12/2024

As Bangladesh stands at a crossroads and awaits reforms, the patriarchal legacies embedded in its laws need to be scrutinised, challenged, and, in some cases, amended to better align with principles of equality and human rights.

From family structures to politico-legal frameworks, deeply rooted patriarchal views have historically influenced every aspect of life.

08/12/2024

As part of the 16 days of activism against gender-based violence, we collected queries from our readers over the past one month. The queries ranged from violence, abuse, harassment to issues concerning gender-based family responsibilities. Your Advocate, Barrister Omar Khan Joy, Advocate, Supreme Court of Bangladesh, responded to the queries at length.

https://www.thedailystar.net/law-our-rights/news/16-days-activism-readers-queries-3770751?fbclid=IwY2xjawHCSL5leHRuA2FlbQIxMQABHUEXtK0sqG5sT1vwueIOeRJHFcp3O6IaOLMDj8YRNfvA4sKSsd8s5uzwIA_aem_XzAc9J0KqFxUtVO0f9JC4g

08/12/2024

As part of the 16 days of activism against gender-based violence, we collected queries from our readers over the past one month. The queries ranged from violence, abuse, harassment to issues concerning gender-based family responsibilities. Your Advocate, Barrister Omar Khan Joy, Advocate, Supreme Court of Bangladesh, responded to the queries at length.

As part of the 16 days of activism against gender-based violence, we collected queries from our readers over the past one month.

06/12/2024

A very brief discussion of the possible legal steps to be taken by a r**e victim is discussed in this piece.

A very brief discussion of the possible legal steps to be taken by a r**e victim are discussed in this piece.

06/12/2024

In their sensitive investigation, Monsoor and Thambapillay ably highlight the intersection of gender, law, and cultural values, which gives a very strong case for legal reform by respecting tradition and furthering the protection of women and children.

https://www.thedailystar.net/law-our-rights/news/custody-guardianship-and-adoption-comparing-bangladesh-and-malaysia-3769496

The book named Impact of Gender on Custody, Guardianship, and Adoption authored by Professor Dr. Taslima Monsoor and Dr. Sridevi Thambapillay is an important cross-country study. In this book, the authors undertake a careful comparative study on how gender influences the practice of family law withi...

06/12/2024

The underlying factors driving crimes against women remain inadequately studied and appreciated due to societal discomfort in discussing gender-based violence, but general crime literature suggests that economic, educational, social factors all play a role in shaping the context within which r**e happens.

https://www.thedailystar.net/law-our-rights/news/multidimensional-analysis-r**e-3769476

R**e and other sexual crimes are largely misunderstood because people refuse to understand or fail to understand why they are crimes in the first place.

06/12/2024

When it comes to violence against women, we make a conscious choice and turn all our focus on sexual violence. It is not necessarily because sexual violence causes women serious harm but perhaps because we consider, with r**e or any other forms of sexual violence, a woman is robbed of her honour and chastity.

When it comes to violence against women, we make a conscious choice and turn all our focus on sexual violence.

30/11/2024

To build a strong legal profession, the Bar Council's role should begin at the academic level. Legal education institutions and the Council must collaborate through at least two annual seminars on each campus. These seminars would serve to bridge the gap between academia and the bar, offering to potential lawyers vital insights into professional expectations and ethics.

Reform is no longer optional but a crucial necessity for institutions, and the Bangladesh Bar Council is no exception.

30/11/2024

Focusing on sexual violence against women is immensely essential, given the alarming rise of crimes such as r**e in our country. However, it should not be the sole category of violence of concern so as to underplay other equally critical issues that have a profound and lasting impact on women's everyday lives and that in fact are closely tied with and contribute to incidents of sexual violence.

When it comes to violence against women, we make a conscious choice and turn all our focus on sexual violence.

22/11/2024

Apart from these reforms, we may need to change many other provisions of our Constitution in the future. We must understand that reform does not undermine our constitutional practice but reflects our democratic spirit. Through reform, we can create a new Bangladesh where power belongs to the people, justice is delivered equitably, and democracy is not codified only as a principle but also as a practice for the people to live by.

During the 2024 anti-discrimination movement, the people of Bangladesh shed their blood on the streets to achieve a fair and just society.

22/11/2024

The first law against food adulteration in Bangladesh was introduced in 1974. Section 25C of the Special Powers Act of 1974 laid out strict penalties for food adulteration, the maximum punishment being life imprisonment or even the death sentence. In all cases, fines could also be imposed.

Food adulteration slowly damages people’s health in ways that are not immediately visible, but have serious long-term effects.

22/11/2024

The international community has frequently urged Bangladesh to re-examine its capital punishment policy, emphasising that suspending executions would demonstrate a commitment to human dignity and conform with a global minimum standard. Moving away from the death penalty might represent a significant shift, one that respects human rights, promotes fairness, and promotes life.

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.

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...