Taqbir Huda

'JUSTICE' IN PRACTICE

The writer is a trainee-advocate at Chancery Chambers in Bangladesh and a legal volunteer at the Bangladesh Society for the Enforcement of Human Rights (BSEHR - Manabadhikar).

How medical evidence is used to discredit rape complainants

The need for corroborative or medical evidence to prove rape (and therefore these two rules) violates the global standards set by the UN and the WHO.

A company’s negligence killed 44 people. What price will it pay?

Another brutal reminder that worker safety is last on our list of priorities for our progressive and developing country.

National Legal Aid Day: Three ways to improve our national legal aid system

Today marks the National Legal Aid Day, which was introduced by the government in January 2013, in an effort to increase public awareness of national legal aid services.

Where is our independent prosecution service?

Although we frequently hear calls for justice whenever a grievous crime takes place, the role of public prosecutors, i.e. the very individuals who conduct criminal cases in court on behalf of the state, is seldom—if ever—discussed.

Where can domestic violence survivors actually go?

On this year’s International Women’s Day, which is being celebrated across Bangladesh and with much grandiosity in Dhaka, I want us all to think of Yasmin Ara, a young woman from Satkhira, who has been thrown out of her home by her mother-in-law a few months after losing her husband.

We need a state compensation fund for victims of violent crime

Whenever a violent crime like gang rape or custodial torture takes place, we are quick to demand justice for it.

How the Banani rape verdict exposes the rape culture in our courtrooms

On November 11, 2021, Mosammat Kamrunnahar, judge of Women and Children Repression Prevention Tribunal 7 in Dhaka, reportedly asked the police “to refrain from receiving a case if a rape victim comes to the police station after 72 hours of the incident” since “semen cannot be traced after 72 hours.”

Three months after the Hashem factory fire, has there been any ‘justice’?

Today, October 8, marks three months since the deadly Hashem Foods fire, which claimed the lives of at least 54 people. Out of those killed, at least 17 were children. Out of these 17 children, at least 11 were girls.

Why is child labour still legal in Bangladesh?

What were you doing on a Thursday morning when you were 14?

We should stop calling acts of corporate manslaughter ‘accidents’

For almost 24 hours last week, the Hashem Food factory in Naryanganj, where hundreds of workers are employed, was up in flames.

Why is the price of killing a worker only Tk 2 lakh?

Fifty two workers have so far been declared dead as a result of the horrific fire that engulfed the Hashem Foods factory in Narayanganj, where famous products such as Shezan juice and Nocilla spread were produced.

The long road to the repeal of Section 155(4): Will questions about a rape survivor’s ‘character’ finally be banned in court?

On June 30, 2021, the law minister announced in Parliament that the government will finally be introducing legislation to remove Section 155(4) of the Evidence Act 1872—which has long allowed defence lawyers to raise questions about a rape complainant’s character, and therefore moral police them in the name of cross examination in court.

‘I have no one else’: How an eight-year-old girl lost her entire family at once

In the early hours of Monday morning, when most of us were tucked comfortably in our beds, eight-year-old Meem lost her entire family after the speedboat she was on crashed and overturned in the middle of the Padma river, drowning and killing 26 passengers.

Why is a worker’s life only worth Tk 2 lakh in our labour law?

On Labour Day, I am reminded of 22-year-old Jewel Hossain, who in January this year, was conducting his evening shift at a polythene factory when the machine malfunctioned and the blade ripped through him and gouged one of his eyeballs out.

Six requirements under Bangladesh labour law that can help prevent the spread of Covid-19

As we face an upsurge of Covid-19 cases, and with the national lockdown being lifted, the need to prioritise effective preventive measures has never been greater.

Why are Bangladeshi workers still dying preventable deaths?

Today marks eight years since one of the deadliest industrial disasters in modern history killed at least 1,132 workers and injured more than 2,500 others in our own backyard.

Corporate negligence killed a mother and son. Do we even care?

On the afternoon of March 3, 2021, three-year-old Ruhit was playing in front of his residential building located inside the Provita Fish Feed hatchery, when he fell into a large septic tank that had been left uncovered.

Ten reforms we need to end impunity for rape

In keeping with this year’s theme for International Women’s Day, I, as a legal researcher, #ChooseToChallenge how ineffectively our lawmakers have dealt with rape, one of the defining manifestations of gender inequality.

What changes does the recent ordinance make to our law on violence against women?

On 13 October 2020, our central law dealing with violence against women, i.e. Nari o Shishu Nirjatan Daman Ain 2000 (Women and Children Repression Prevention Act 2000) was amended for the second time since it was enacted, by an ordinance.

Marital rape killed a child in our country. Why is it still legal?

On October 25, 2020, a 14-year-old girl from the Kalia village in Basail upazila, Tangail, reportedly died due to excessive genital bleeding after being admitted at Dhaka Medical College Hospital (DMCH).

Why the death penalty will do nothing to end impunity for rape

On October 13, the Women and Children Repression Prevention (Amendment) Ordinance 2020 was passed making some changes to our central law on violence against women and children.

Justice for Jonny: Ending impunity for custodial torture at last

On Wednesday, the Metropolitan Sessions Judge’s Court in Dhaka found three police officers guilty of custodial torture in what is the first known judgment under the Torture and Custodial Death (Prevention) Act 2013.

Narayanganj Mosque Fire: Authorities must pay for their negligence

On Friday night, a massive explosion took place in Baitus Salah Jame Masjid in Narayanganj, killing 24 people and injuring dozens more, most of whom have sustained over 70 percent burn injuries.

Holding companies liable for death by negligence

On May 27, 2020, a devastating fire broke out in the corona isolation unit of United Hospital in Gulshan, which claimed the lives of five patients who were receiving treatment there.

Virtual courts and the future of justice

On May 9, 2020, the president of Bangladesh sanctioned the operation of virtual courts by the judiciary by passing the Adalot Kortrik Tothyo Projukti Byabohar Odhyadesh 2020 (roughly translated as the “Use of Information and Communications Technology in Court Ordinance 2020”).

Why we need to stop using the term ‘working mothers’

The annual celebration of the Mother’s Day brings with it the usual outpouring of love and appreciation for the primary caregivers in our families, but it also tends to bring to the fore some of the deeply ingrained conceptions (and misconceptions) about motherhood in our society.

We have laws but why don’t they work?

This year’s International Women’s Day, as the ones before it, comes with a reminder that the culture of impunity for violence against women (VAW) continues to be a concern, despite there being a myriad of laws that are meant to counter VAW in our country.

Why do rape cases stay out of court?

Despite the frequent media reports of rape in Bangladesh, existing studies suggest that most rape survivors do not take legal action.

Why crossfire will not solve our rape problem

The recent rape incident of a second year Dhaka University student has reignited widespread public frustration on the prevailing culture of impunity for rape in our country.

The colonial legacy of rape laws

Rape continues to be one of the most prevalent forms of violence against women in the world and Bangladesh is sadly no exception.

What legal action can a male rape victim take?

On August 19, 2019, Jamir Ullah*, a 45-year-old father of one based in Sreepur, hanged himself from a beam off the balcony of his home after being gang raped by 10 men.

Sexual harassment and the law: Where’s the problem?

Since its inception in 2017, the #MeToo Movement has been spreading across the world; it has brought to the fore the grave extent to which women from all strata of society face sexual harassment in their daily lives.

Why our religious leaders must condemn Nusrat's murder

Any Bangladeshi with an iota of humanity should still have their conscience reeling over the heinous murder of Nusrat, the brave girl

Remembering the barbarities of Operation Searchlight

On the fateful night of March 25, 1971, the Pakistani army officially launched its campaign of genocide in erstwhile East Pakistan, by unleashing death squads that mercilessly killed 7,000 unarmed, innocent Bengalis in one single night.

State liability to pay compensation for rape: A necessary ruling

On March 10, 2019, the High Court issued a rule demanding the Inspector General of Police (IGP) and other concerned authorities to explain why they should not be ordered to pay compensation of Tk 50 lakhs to a young woman who had been raped by two police officers in Manikganj earlier in February.

Why I do not support the killing of 'rapists' by 'Hercules'

Recently, the bodies of three "rapists" have been found shot to death with culpatory notes hanging around their necks. On January 17, the first body was found by the police in Savar,

Compensation is a matter of right, not sympathy

On January 25, 2019, a coal laden truck flipped over and crushed a makeshift workers' shed in a Comilla brick kiln factory, killing 13 people and injuring five others.

The problem with the Road Transport Act

Much controversy surrounds the new Road Transport Act 2018 which has been the subject of massive protests by road transport workers who perceive the new law to be unduly harsh on them.

Women-only bus is not the solution

Early in June this year, a women-only bus service named Dolonchapa was launched by Rangs Group in Dhaka with a view to giving women a “safer” and “easier” travel option (The Daily Star).

Judicial activism for constitutional torts

On 9 August 2018, the Appellate Division upheld a High Court verdict that ordered Bangladesh Railway and Bangladesh Fire Service and Civil Defence to pay Tk 10 lakh each as compensation to the parents of Zihad, a four-year boy who died after falling into a shaft.

Purchasing impunity in the name of 'compensation'?

On 19 June 2018, a pedestrian was struck and killed by a speeding SUV near Mohakhali flyover in Dhaka.

Road deaths and injuries: The role of tort law

Bangladesh is hardly any stranger to road deaths and injuries but this past month has been particularly poignant since certain road injuries and subsequent deaths in Dhaka have garnered nationwide attention due to their tragic and gruesome nature.

A classic tort of negligence

On 29 March 2018, a seven year old child was killed due to a lift malfunction in her own home in Shantinagar, Dhaka. The victim,

US-BANGLA AIR CRASH: A tort law perspective

The recent tragic air crash of the US-Bangla Flight BS211 in Kathmandu, which killed more than 50 passengers and injured around 20 others, is rife with potential liabilities in tort law. This incident can, hence, serve as yet another reminder about the burning necessity of having an effective legal framework for tort and the opportunity cost of not having one. Indeed the tortious implications of the US-Bangla air crash

A logical antidote

Currently, the Bangladesh Ministry of Foreign Affairs and UN Women Bangladesh are jointly drafting a National Action Plan on Women, Peace and Security (NAP) with a view to implementing the UN Security Council Resolution 1325, which calls for increasing women's participation in efforts to maintain peace and security. The NAP shall aim to ensure women's meaningful participation in the prevention of conflict

Banning child marriage in light of religion

The Child Marriage Restraint Act 2017 which allowed girls under 18 and boys under 21 to be married off under “special circumstances” was undoubtedly the country's most controversial law of 2017.

Zero tolerance for fatwas that violate human rights

On December 12, 2017, Bangladesh Police arrested Abu Musa, an imam of a local mosque in Kumarkhali upazila of Kushtia district, for issuing a fatwa prohibiting women from going out of their homes to work in farm fields.

A landmark compensation suit

On 3 December 2017, the High Court Division (HCD) awarded Tareque Masud's family Tk 4.6 crores in damages

March 6, 2023
March 6, 2023

How medical evidence is used to discredit rape complainants

The need for corroborative or medical evidence to prove rape (and therefore these two rules) violates the global standards set by the UN and the WHO.

June 7, 2022
June 7, 2022

A company’s negligence killed 44 people. What price will it pay?

Another brutal reminder that worker safety is last on our list of priorities for our progressive and developing country.

April 28, 2022
April 28, 2022

National Legal Aid Day: Three ways to improve our national legal aid system

Today marks the National Legal Aid Day, which was introduced by the government in January 2013, in an effort to increase public awareness of national legal aid services.

April 4, 2022
April 4, 2022

Where is our independent prosecution service?

Although we frequently hear calls for justice whenever a grievous crime takes place, the role of public prosecutors, i.e. the very individuals who conduct criminal cases in court on behalf of the state, is seldom—if ever—discussed.

March 8, 2022
March 8, 2022

Where can domestic violence survivors actually go?

On this year’s International Women’s Day, which is being celebrated across Bangladesh and with much grandiosity in Dhaka, I want us all to think of Yasmin Ara, a young woman from Satkhira, who has been thrown out of her home by her mother-in-law a few months after losing her husband.

December 9, 2021
December 9, 2021

We need a state compensation fund for victims of violent crime

Whenever a violent crime like gang rape or custodial torture takes place, we are quick to demand justice for it.

November 16, 2021
November 16, 2021

How the Banani rape verdict exposes the rape culture in our courtrooms

On November 11, 2021, Mosammat Kamrunnahar, judge of Women and Children Repression Prevention Tribunal 7 in Dhaka, reportedly asked the police “to refrain from receiving a case if a rape victim comes to the police station after 72 hours of the incident” since “semen cannot be traced after 72 hours.”

October 8, 2021
October 8, 2021

Three months after the Hashem factory fire, has there been any ‘justice’?

Today, October 8, marks three months since the deadly Hashem Foods fire, which claimed the lives of at least 54 people. Out of those killed, at least 17 were children. Out of these 17 children, at least 11 were girls.

July 29, 2021
July 29, 2021

Why is child labour still legal in Bangladesh?

What were you doing on a Thursday morning when you were 14?

July 14, 2021
July 14, 2021

We should stop calling acts of corporate manslaughter ‘accidents’

For almost 24 hours last week, the Hashem Food factory in Naryanganj, where hundreds of workers are employed, was up in flames.