Bot Law & Our Rights
LAW OPINION / Burden sharing in the context of refugee crisis
The UN Refugee Convention 1951 was crafted to support the refugees legally and morally. Many European states benefitted from the convention after World War II. However, it is a matter of irony that many of these same states are in favour of close borders now, whenever people are seeking refuge as the victims of war, ethnic cleansing, political or communal clashes, etc.
GLOBAL LAW UPDATE / UN Security Council’s Gaza ceasefire appeal
Following months of deliberation, the UN Security Council successfully adopted a resolution on 25 March 2024 calling for an “immediate ceasefire for the month of Ramadan” and emphasising the urgent need for increased humanitarian aid to enter Gaza. In practical terms, this resolution, in accordance with international law, is legally binding on all UN member states, including Israel and Palestine, the latter holding observer status.
YOUR ADVOCATE / On second marriage by husband
This week Your Advocate is Barrister Omar Khan Joy, Advocate, Supreme Court of Bangladesh. He is the head of the chambers of a renowned law firm, namely, 'Legal Counsel', which has expertise mainly in commercial law, family law, labour law, land law, constitutional law, criminal law, and IPR.
LAW OPINION / The hegemonic Western world order in crisis in Gaza
Few postwar world order crises have solicited world attention and concern as alarmingly as has the ongoing genocidal mass killings and wanton devastation in Gaza by Israel.
LABOUR AND EMPLOYMENT / Exploring legal realism and legal formalism for the Rana Plaza judgment
During a recent visit to Bangladesh, I conducted interviews for a specific purpose. One case of interest was the prolonged legal proceedings surrounding the Rana Plaza tragedy, which began on 24 April 2013. While the Apex court recently instructed the trial court to expedite proceedings and deliver a judgment within six months, only 69 out of 594 witnesses have been examined as of March 2024, raising concerns about the efficiency of the justice system.
LAW AND POLITICS / The politics of recognition and Bangladesh’s statehood
Following the surrender of Pakistani army to Bangladesh on 16 December 1971, after the bloody war of nine months, the ultimate victory was attained.
LAW OPINION / The principle of comity of courts and child welfare in custody disputes
The principle of comity of courts is closely connected with the effective and efficient administration of justice throughout the world.
LAW REFORM / Decriminalising the attempt to commit suicide
In Bangladesh, a comprehensive study by the Centre for Injury Prevention and Research, Bangladesh (CIPRB) in 2013 found that more than 10,000 people die every year owing to suicide. It is important to note that attempting to commit suicide is a punishable offence under section 309 of the Penal Code, 1860.
Laws protecting victims from cyber harassment
Even though Bangladesh claims to be a digitally progressive country, the cases of cyber harassment are continuously on the rise. In the view of recent public outcry against cyber harassment, people need to be made aware of the relevant laws to protect themselves.
Apex court guidelines to ensure quick compensation for accidents
Accident is undoubtedly a regular phenomenon in the country. Families or well-wishers of accident victims approach the higher court of the country seeking appropriate compensation.
LDC graduation: Evaluating the implications of implementing the TRIPS agreement
Graduation from the Least Developed Country (LDC) category is a key milestone in the sustainable development progress of a country. Bangladesh has been recommended for graduation over the next five years, i.e. 2026, by the Committee for Development Policy (CDP), a subsidiary advisory body of the Economic and Social Council (ECOSOC).
Citizenship of the Rohingya in Myanmar: A historical account
While the international stakeholders and the Government of Bangladesh have tried for their safe and dignified voluntary return of the Rohingya refugees as per the agreement between Bangladesh and Myanmar, the citizenship issue became one of the crucial contesting conditions.
Hindu women’s right to inheritance
Dayabhaga and Mitakshara are two schools of Hindu inheritance law. Hindus in India’s West Bengal, Assam, and Bangladesh mainly follow the Dayabhaga school. Non-Bengali society, on the other hand, i.e., Mumbai, Madras, Punjab, Benares, Maharashtra, and other locations, follow the Mitakshara doctrine.
Business through Internet: A Quest for Legal Framework
In absence of proper and up-to-date legal framework in place, administrative regulations seem to be governing the digital commerce operations in Bangladesh.
Vegetable farmers’ rights in Bangladesh during Covid-19 lockdown
There may be an unending debate on which profession serves Bangladesh the most but the unflinching contribution of farmers can never be underestimated.
Medical negligence and tortious remedies
On a regular basis, Bangladesh witnesses numerous instances of medical negligence, some of which make way to newspapers.
Why quota reservation is significant for ethnic minorities
Leaving no one behind: Indigenous peoples and the call for a new social contract” is the theme to celebrate this year’s International Day of the World’s Indigenous Peoples. Unfortunately, the government had decided to scrap quotas for class-I and Class-II jobs in Bangladesh in October 2018, following large scale protests in the country. The quota system was introduced through an executive order in 1972 and has been amended several times since. Before the abolition of the quota system in first and second-class government services, 5 per cent quota used to be allocated for the ethnic communities. Quota system was introduced to facilitate representation of a portion of ethnic minorities in government services.
Pegasus controversy and cyber security in Bangladesh
The controversial Pegasus surveillance spyware has shaken the cyber security of the world sparking global outrage. Over the years, journalists, political leaders, civil society activists and human rights campaigners have voiced their concerns over tapping and data hacking of their communication devices through sophisticated spyware.
