LAW ANALYSIS
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.
Law Letter / 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.
Constitutional politics / 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.
Rights Watch / 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.
LAW OPINION / 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.
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.
People’s understanding of ‘Law’ during the uprise: A sociolegal analysis
The July uprising marks a significant event for our national history not only as a moment of political introspection, but also in terms of appreciating people’s perception and understanding of law as a lived experience.
A critical look into our Ombudsman law
‘Ombudsman’ is a Swedish term meaning ‘representative of the people’. The Swedish parliamentary Ombudsman was instituted in 1809.
Bangladesh’s Interim Government: What should be its tenure?
How long can the Bangladesh Interim Government (BIG) led by Dr. Muhammad Yunus, stay in office? Several political parties, including BNP, have demanded that the 13th parliamentary elections be held as soon as possible, preferably within three months. This political attitude is nothing to be surprised about.
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.