Thesis 2023

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    Analysis of Negligence in Motor Vehicle Accidents under Constitutional Torts in Bangladesh: A Critical Examination of Liabilities and Remedies
    (East West University, 2023-12-31) Surovi, Tasnima Azad
    Road accidents are therefore an unexpected phenomenon that occurs as a result of the operation of vehicles and which causes major harm to the people. The number of road accidents is increasing day by day. The objective of this paper is to examine the existing legal framework in Bangladesh concerning road safety and identify potential areas that could be developed. The study revealed that the existing legal system in Bangladesh incorporates multiple provisions with the objective of enhancing road safety. However, these laws lack efficient enforcement methods and there are limited penalties for those who violate traffic rules. This paper also briefly discusses a concise analysis of the factors that contribute to the occurrence of accidents in relation with the road environment, road users, and vehicles. It also outlines specific actions that should be prioritized to prevent these recurring losses. It is also suggested to ensure effective execution of road safety measures.
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    Freedom of Expression of the Vloggers under the Legal Framework of Bangladesh
    (East West University, 2023-12-27) Ahamad, Tanvir
    Freedom of speech is our constitutional rights which is guaranteed under the Article-39 of the Peoples Republic of Bangladesh. Because of some provision of the law, vloggers do not exercise this right due to the restriction. Due to the provision of some statutory law vloggers are not protected whenever they express their opinion into the social media platform. Many laws of Bangladesh are make restriction to expressing any thought or opinion. Penal code, cyber security Act, Code of Criminal Procedure also imposed restriction regarding the freedom of expression of the vloggers. The main objective of this research is to determine that how the law make hindrance to the speakers whenever they speak before the social media. Constitutional guidelines are completely violated by these provision of the law. The main aim of this research to find out that how the law restricts the people to speak freely and violating the constitutional rights. The main focus of this research to find out the restrictions that violates the right to freedom of expression and for this reason vloggers do not exercise this rights freely. This paper will suggest recommendation that how this restriction or guidelines of the law can be reduce.
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    Access to Right to Health of Slum Dwellers in Public Health Emergency: A Critical Legal Analysis of Bangladesh
    (East West University, 2023-12-27) Khan, Ratul Parvez
    The right to health is a universal human right it is not enjoyed by every group of people, especially slum dwellers. Right to health is a risk when there is a public health emergency. Slum dwellers are at particular risk in accessing their healthcare. Bangladesh is a densely populated country with lots of slums. This research aims to investigate whether the right to health is being ensured in Bangladesh for slum dwellers in public health emergencies. This is purely qualitative research based on primary and secondary data. The research aims to ensure legislative improvements and effective policy measures, considering public health emergencies faced by slum dwellers. Additionally, this research endeavors to contribute to the discourse on the intersection of law and public health in Bangladesh, advocating for more inclusive and effective legal measures to uphold the right to health for slum dwellers during public health emergencies.
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    Solitary Confinement in Bangladeshi Prison a Comparative Study
    (East West University, 2023-12-27) Husna, Mt. Asmaul
    The topic “Solitary Confinement in Bangladeshi Prison and Comparative Study” Solitary confinement, a controversial practice in corrections involves isolating individuals in a confined space for extended periods. This abstract explores it's psychological and physical effects on prisoners raising ethical concerns about potential human rights violation. The discourse includes debates on its effectiveness as a disciplinary tool and the ongoing efforts to reform or abolish solitary confinement within the criminal justice system.
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    The Challenges of Regulating New Forms of Business Organization, such as E-commerce and Startups Companies, under the Companies Act 1994.
    (East West University, 2023-12-27) Meghla, Mitanur Akter
    The rapid rise of new forms of business organization, such as e-commerce and startups, has posed significant challenges to the traditional company law framework established by the Company Law 1994. This study explores these challenges, focusing on the limitations of the existing legal framework and talks about how the current rules aren't very good at managing these new and innovative businesses. The big issues are that the rules focus a lot on traditional companies and don't cover e-commerce and startups very well. Also, they don't have good rules for dealing with digital things. It's hard for investors to be protected because the risks are higher with these new kinds of businesses. The rules about following certain standards are also hard for online businesses. The study says we should review and update the old rules to make them better. Some suggestions are to include online shops and new companies in the rules, make specific rules for online transactions, improve protection for investors, and have more flexible rules that adapt to different situations. This way, the rules can help new ideas, keep people safe, and make sure online shops and new companies keep doing well in the modern world.
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    Trafficking of Women and Children from Bangladesh: An Examination of Current Trends and Legal Responses
    (East West University, 2023-12-27) Ferdous, Md Tamim Bin
    Human trafficking is the recruitment, transportation, transfer, harboring, or receipt of people through force, fraud, or deception with the intention of exploiting them for financial gain. It is a widespread type of organized crime. It is an extensive and complex issue that influences enormous people worldwide, with disastrous physical, emotional, and psychological consequences for the victims. South Asia faces a significant risk of trafficking due to its substantial population and extensive rural-urban migration. Women and children are sold, traded, and exchanged for sexual slavery, prostitution, and bonded labor across borders in Bangladesh, India, Pakistan, Burma etc. Bangladesh is one of the countries that has been heavily affected by human trafficking. It is a source, transit, and destination country for men, women, and children. The issue is getting worse because of the country’s socio-economic circumstances, which make it fertile ground for human traffickers to operate. The country is being made highly vulnerable due to its poverty, high population density, geopolitical location, and some other factors. It includes forced labor, sexual abuse, the slave trade, forced prostitution, organ removal, etc. This research offers an in-depth analysis of the organized criminal activity of human trafficking in Bangladesh. It examines the current trends, legal frameworks, and various forms of human trafficking, the factors fueling it, and the strategies that are being used to combat the crime.
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    Safeguarding the Rights of Ethnic Minorities in Bangladesh: Assessing Domestic Legal Frameworks from the International Human Rights Perspective
    (East West University, 2023-12-27) Rahman, Md Rabbi
    This thesis is a legal study of safeguarding the rights of ethnic minorities in Bangladesh within the framework of domestic and international law. Bangladesh, a nation known for its rich cultural diversity, is home to numerous ethnic minority groups who face unique challenges and vulnerabilities. In countries like Bangladesh, it's highly improbable to witness the effective enforcement of laws safeguarding the rights of ethnic minorities. From political freedom to cultural practices, education, and economic rights, these communities often encounter obstacles that hinder their access to various sectors. The aim of this paper is to investigate the deficiencies within the legal systems that contribute to such deprivation. It will primarily concentrate on the legal frameworks pertaining to minority rights in Bangladesh. Furthermore, the paper will include a comparison between national and international laws that protect the rights of diverse ethnic minority groups. study explores the domestic legal landscape in Bangladesh, focusing on the Constitution, legislation, and judicial decisions relevant to ethnic minority rights. Furthermore, this research delves into the international legal instruments and conventions that Bangladesh is a party to, such as the Universal Declaration of Human Rights and evaluates the extent to which they are effectively integrated into domestic law and practice. In conclusion, this paper tends to offer recommendations for legal and policy reforms to better safeguard the rights of ethnic minorities in Bangladesh, emphasizing the need for a harmonized approach that aligns domestic legal frameworks with international standards.
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    The Impact of Judicial Questioning on Witness Credibility and Case Outcomes
    (East West University, 2023-12-27) Chowdhury, Imtiaz Ahmed
    In our legal system, the range of questions that judges can ask is restricted. Our legal proceedings are impacted by a judicial inquiry. It is imperative to guarantee that competent witnesses are questioned by the judges. This study attempts to assess the significance of the witness's credibility and the judicial interrogation. Witness credibility and case results are impacted by the questions asked by judges. The qualitative approach used in this study was based on both primary and secondary data. The study intends to determine the weaknesses in our legal system's judicial interrogation practices as well as assess the credibility of witnesses in Bangladeshi and foreign courts. Our legal system prohibits a judge from using his discretionary authority to interrogate a witness. To testify in court, witnesses must also possess sufficient credibility. We can improve the jury system or grant judge’s greater authority so they can interrogate witnesses in any instance.
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    The Insurance Law of Bangladesh on Agricultural a Critical Review
    (East West University, 2023-12-27) Bristi, Badhatray Roy
    The thesis begins with an overview of "The Insurance Law," which discusses contracts and the legal principles that govern the insurance sector and insurer-policyholder relationships. This broad topic includes agriculture insurance, my topic. Agricultural insurance supports farmers and stabilises the sector. Coverage depends on farmers' insurance needs. Bangladesh has several agriculture insurance gaps. Every year, problems limit this sort of insurance in Bangladesh, and farmers don't know enough about it to lessen their losses. Bangladesh is an agricultural nation, thus agricultural insurance can boost the economy and other areas. However, farmers cannot find a legal or reliable way to recover farm losses. The legal value of agriculture insurance in Bangladesh is examined in this thesis.
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    Causes of Tax Evasion and its Impact on Development in Bangladesh: A Legal Analysis
    (East West University, 2023-12-31) Rittika, Alvi Tabassum
    Paying taxes is a responsibility imposed by the government on its citizens, serving as a major financial source for public expenditure and development, and currently serving as an economic policy instrument. Without boundaries, tax evasion is a problem. The economies in transition and developing nations are the most severely affected by tax evasion. Bangladesh has a strong informal economy, poor tax culture and low compliance rate. Within the context of Bangladesh's legal system , this paper is a legal analysis of causes of tax evasion and its impact on the development in Bangladesh.