Thesis 2025
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Item Muslim Mother’s Right to Custody of Children: A Comparative Analysis of Judicial Precedents of the 21st Century in Bangladesh and India(East West University, 2025-12-13) Pranto, Sreenath MitraThis paper examines different reasons behind judicial decisions in Bangladesh and India, focusing on their identical legal frameworks regulating the custody rights of Muslim mothers. It’s found that both countries follow Hanafi Islamic law, the Guardians and Wards Act of 1890, and have signed the Convention on the Rights of the Child. Despite these similarities, women still face greater difficulties getting custody in Bangladesh than in India. This paper highlights the differences and similarities in judicial reasoning and suggests best practices that Bangladeshi judges could adopt from India. Additionally, the analysis of judgments from the 21st-century Bangladesh Supreme Court and High Court Divisions reveals a strict application of traditional rules by the Family Court, which automatically transfers custody to the father at seven years, disqualifies the mother’s remarriage without considering specific circumstances, and permits the father’s financial capacity to override the mother's rights of custody of her children. Conversely, the Indian court views conventional rules as rebuttable presumptions and considers emotional attachment, caregiving capacity, and psychological impact systematically. However, this divergence in judicial approaches is important because it determines whether thousands of mothers receive genuine custody protection or lose their rights automatically. The main findings of this paper are that courts read the same laws differently and resulting in various outcomes. It concludes that Bangladeshi courts, especially the Family Court, tend to mechanically apply traditional laws, whereas Indian courts adopt a welfare-oriented analysis focused on the child’s best interests. Finally, this paper offers some practical recommendations advocating for judges to scrutinize current laws more thoroughly instead of enacting new legislation. Hence, this approach could allow Bangladesh to strengthen mother’s custody rights through court flexibility by prioritizing specific facts over strictly applying rigid rules.Item Freedom of Expression vs Hate Speech: A Comparative Analysis under ICCPR and Bangladesh Constitution(East West University, 2025-12-15) Joy, Md. Sarwar JahanThis research investigates the intricate connection between freedom of expression and hate speech under the Bangladesh constitution and the International Covenant on Civil and Political Rights (ICCPR). It examines the ways in which the right to free speech may conflict with efforts to combat hate speech, as well as how various nations interpret and balance these rights within their legal frameworks. By applying concepts from international human rights law, comparative constitutional law, and legal theory, the research aims to clarify where the distinction should be drawn between safeguarding speech and forbidding incitement to hatred. The research focuses on how Article 19 and 20 of the ICCPR and Article 12 ,22 and 39 of Bangladesh Constitution are applied in various national contexts, especially in countries with contrasting legal, cultural, and political traditions. The analysis includes case studies from democratic and developing nations to illustrate different legal approaches and the challenges in enforcing these rights without undermining social cohesion or human dignity. Findings suggest that many governments struggle to define hate speech clearly while safeguarding legitimate expression. The study raises key ethical and legal questions such as whether banning hate speech restricts democratic dialogue or whether unrestricted speech fuels violence and discrimination. By comparing practices in selected countries, the research aims to provide insights into how international standards are localized. Finally, the study offers practical recommendations for states, human rights bodies, and civil society on developing laws and policies that respect freedom of speech while effectively combating hate speech, using the ICCPR as a guiding framework.Item A Comparative Study on Lifting the Corporate Veil under the Companies Act, 1994 of Bangladesh and the Companies Act 2006 of the United Kingdom(East West University, 2025-12-15) Tamanna, NishatThis dissertation compares how courts in Bangladesh and the United Kingdom treat the doctrine of lifting the corporate veil, starting from Salomon v A. Salomon & Co. Ltd and examining the Companies Act 1994 and the Companies Act 2006. The study reviews statutes, leading cases and scholarly writing to show where the two systems agree and where they differ. The UK has moved toward a narrow, principle base approach after Prest v Petrodel Resources Ltd, limiting veil lifting to clear cases of evasion of legal obligations and favoring other legal remedies. In Bangladesh courts apply the doctrine more widely to meet public interest and to combat fraud, tax avoidance and misuse of corporate form, but this produces uneven reasoning. The thesis recommends clearer rules, legislative updates and stronger judicial guidance so veil lifting is used consistently and only when necessary.Item The Effectiveness of the National Human Rights Commission of Bangladesh: An Analytical Overview (2021-2025)(East West University, 2025-11-29) Akter, Msd. SanjidaThis study aims to critically examine how effective the National Human Rights Commission (NHRC) has been between 2021-2025, a period characterised by ongoing human rights concerns, political instability, and challenges within the institution itself. The NHRC established under the 2009 Act struggled with limited independence, politicised appointments, financial constraints and legal restrictions on investigating law enforcement agencies, resulting in modest complaint disposal rates but minimal impact on systemic issues such as extrajudicial killings and enforced disappearances. The student protests in 2024, which ousted the Awami League government amid violent repression, exposed the NHRC’s inaction, culminating in the mass resignation of its members in November 2024. Through an examination of NHRC’s annual reports and a comparative assessment with Asian counterparts, including India, Indonesia, and the Philippines, this study identifies structural, political, and resources-related obstacles that hinder compliance with the Paris Principle. The research concludes with recommendations, depoliticized concludes with binding recommendations, and regional expansion to strengthen the institutions.Item The Role of Facebook in Facilitating Criminal Radicalization: From Criminological Analysis.(East West University, 2025-12-15) Begum, LizaIn Bangladesh, Facebook facilitates the process of criminal radicalization, according to this study. In other words, they show how extremist groups use Facebook to promote propaganda, recruit young people and mobilize them to act both online and offline. The theories of criminology used in the research are Strain Theory,1 Theory of Differential Association2 and Cyber-Criminology3 which explain the functioning of society and how people are impacted socially and online. This research examines the workings of Facebook in Bangladesh as an algorithm, echo chamber and loss of fake news hate speech and propaganda. There are many real-world instances of how these elements can influence people. It further explains the ways that youth can be drawn in, influenced and motivated to take action offline after online exposure.4 These findings reveal that law enforcement faces difficulties in the online suits and that current methods remain unhelpful. This study also raises questions of ethics on how to safeguard free speech while curbing extremist activities. The study provides a better insight into the occurrence of online radicalization globally through comparison of Bangladesh with other countries.5 This study also suggests community awareness programs, building capacity on digital literacy, and improvements in online safety policies as practical measures that can reduce radicalization. The policymakers, police and members of the society can make Facebook a safe place for everybody and restrict the influence of extremists.Item Bridging the Gap: A Study of International Environmental Law and Bangladesh's Legal Framework for Climate Change Adaptation(East West University, 2025-12-15) Ema, Jahida AlomBangladesh, one of the world’s most climate-vulnerable countries, faces recurring floods, cyclones and rising sea levels that threaten lives, livelihoods and ecosystems. This thesis examines how effectively Bangladesh’s domestic legal and policy frameworks such as the Environment Conservation Act 1995, NAPA, BCCSAP, and Delta Plan 2100 align with international climate law, including the UNFCCC, Kyoto Protocol, and Paris Agreement. Using a qualitative doctrinal approach and comparative insights from countries like Maldives, Vietnam, and Kenya, the study identifies both achievements and gaps in adaptation. Bangladesh has developed progressive policies, institutions, and domestic funding mechanisms but challenges remain in legal enforceability, institutional coordination, community engagement, reporting, and access to international climate finance. To bridge these gaps, the thesis recommends a dedicated Climate Change Adaptation Act, stronger institutional capacity, mainstreaming adaptation across sectors, effective use of international finance and technology transfer, and greater community participation. This research highlights that aligning domestic laws with international obligations is crucial for building resilience. By offering targeted legal and policy solutions, it aims to strengthen Bangladesh’s ability to respond to climate change and safeguard its most vulnerable populations.Item Ship Breaking Industry in Bangladesh(East West University, 2025-11-29) Mim, Asma Ul HussnaThis research is about policy reform in the ship breaking industry in Bangladesh which is known for not that much developed and unnoticed to the other countries and mostly ignored by international policies so this is very essential for safeguarding human rights and give the industry a better working place working condition and safeguards to have proper training equipment for workers environment el sustainability. Moreover this sector of she breaking industry is not well developed and with bad name have in the country of Bangladesh so it’s important to work in the sector so that the industry could develop and workers will privatize the work and the industry develops in well also conditions of workers and issues of poverty of the sector of she breaking industry will be in good name internationally. In this sector of sheep breaking industry equipment’s and proper training is also have to ensure to do better business and safety concerns could not be unnoticed also the condition of workers issues of properties focusing international standards government agencies industries share holders human rights organization’s should have to be in focus to do better business in the industry Bangladesh can mitigate the risk that faced by the workers promote sustainable practices and upholds international obligations . The aim of the reform of the industry is to have human rights protection to improve better living conditions of the workers provide better voices offer healthcare benefits and strength and following international standards in Bangladesh. Labor workers bad safety conditions and low fare wages are also concerning to reach the goals also workers safety and environmental sustainability is also important there by the goal is to develop the industry collaboration with the government agencies industry shareholders stakeholders human rights organizations. As a result Bangladesh will get more fame in the industry and more money in the industry in internationally will develop .Item The Rise of Mob activities in Bangladesh: A Criminological Study of Violence, Misinformation, and Legal Challenges(East West University, 2025-12-18) Mufti, Abdullah AlMob activities have become a serious social and legal problem in Bangladesh. In many cases, groups of people punish someone instantly without giving them any chance to defend themselves. These attacks usually happen because people lose trust in the police, feel frustrated with slow legal processes, or react to rumors spread through social media. This research focuses on understanding why Mob activities is rising in Bangladesh and what social, legal, and institutional weaknesses allow such violence to continue. The study examines different causes such as the lack of trust in the police, frustration with slow court procedures, limited legal awareness, poverty, and the irresponsible use of digital platforms. It also looks at the psychological aspects of crowd behavior, where individuals feel protected within a group and behave more aggressively than they would alone. Finally, the research offers practical recommendations to reduce mob justice, such as improving police response, ensuring faster trials, increasing digital literacy, monitoring social media misinformation, and raising public awareness about due process and human rights. Strengthening the justice system and rebuilding public trust are essential steps for preventing mob violence and protecting the rule of law in Bangladesh.Item Balancing Public Health and Human Rights: Legal Perspectives on Freedom of Movement Restrictions in Global Health Crises(East West University, 2025-12-18) Akhtar, TaniaThis thesis studies how public health and human rights can be balanced during global health crises, focusing on restrictions on freedom of movement during the Covid-19 pandemic. It compares the legal measures taken in Bangladesh, Malaysia, and the United Kingdom to understand how each country controlled the spread of the virus while trying to respect individual rights. Freedom of movement is an important human right, but international law allows governments to limit it in emergencies if the measures are lawful, necessary, and proportionate. This research examines how these standards were applied in practice. The study reviews national laws, emergency rules, government policies, court judgments, and academic writings. In Bangladesh, strict lockdowns and wide executive powers raised concerns about unequal impacts on poorer communities. Malaysia used Movement Control Orders based on public health laws but faced criticism for heavy punishments and uneven enforcement. The United Kingdom relied on the Public Health (Control of Disease) Act 1984 and the Coronavirus Act 2020, which led to debates about police authority, legal clarity, and limits on parliamentary oversight. Through comparing these three countries, the thesis identifies both shared challenges and important differences in legal responses. It assesses whether the restrictions followed key principles, including legality, necessity, proportionality, and non-discrimination. The findings show that although all three governments aimed to protect public health, the level of transparency, accountability, and respect for rights was not the same. The study elaborated that future health crises require stronger legal safeguards, clearer decision-making, and more balanced strategies that protect public health while upholding fundamental human rights.Item Farakka Barrage and Ganges Water Sharing: Exploring Legal Approaches to Equitable and Amicable Settlement(East West University, 2025-07-20) Rikabder, Md. Rafi AhmedIn this thesis, the long-running transboundary water conflict between Bangladesh and India over the Farakka Barrage is examined, along with the diplomatic and legal means of reaching a fair and long-lasting water-sharing agreement. Built by India in the 1970s to increase navigability within Calcutta Port, the barrage has drastically changed the Ganges River's flow into Bangladesh, resulting in serious environmentally friendly, agricultural, and socioeconomic damage, especially in the southwest. The disagreement is still controversial despite a bilateral treaty that was signed in 1996 and lasts for 30 years. This highlights the difficulties in managing water across borders in South Asia. Using a doctrinal as well as qualitative methodology, the study examines academic literature, policy documents, government reports, and main legal instruments like international agreements, cases, and national legislation. This paper critically evaluates the shortcomings of the current bilateral framework by looking at important international legal concepts, such as the responsibility of prior notification, the duty to prevent serious harm, and equitable and reasonable utilization. In order to suggest a more successful legal and institutional paradigm, lessons are taken from pertinent international cases including Gabčíkovo-Nagymaros (Hungary v. Slovakia), Pulp Mills (Argentina v. Uruguay), and the Silala Waters (Chile v. Bolivia). To promote long-term collaboration and regional stability, the thesis ultimately argues over a more changing, legally binding, and ecologically conscious approach to water sharing. It does this by supporting the integration of environmental assessments, the strengthening of joint river commissions, and the investigation of third-party mediation along with ADR mechanisms.