Thesis 2025

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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, Nishat
This 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.
Balancing Public Health and Human Rights: Legal Perspectives on Freedom of Movement Restrictions in Global Health Crises
(East West University, 2025-12-18) Akhtar, Tania
This 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.
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 Alom
Bangladesh, 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.
Cheque Dishonour and Legal Remedies: A Case Analysis of Md. Abul Kaher Shahin vs. Emran Rashid
(East West University, 2025-07-18) Mim, Ferdoushi Jahan
This cheque dishonor explores the social, economic and other implications of the under section 138 of the Negotiable Instrument Act, 1881, this is specifically focusing on section 138. A cheque is widely transferred and usable for commercial transactions, but its exploitation or the abuse damages trust in corporate or financial dealings. Cheque dishonors happen when the bank refuses to honor a cheque due to the insufficient funds and signature doesn’t match the discontinuation of account or the termination of account. This research analyses the legal framework regulating the dishonored cheques, examines the overall historical judgement and discusses the commencement procedures for criminal litigation. It also emphasized the faced by Couts in the handling the issues and estimate the usefulness of current laws in inhabiting misconduct. This research further elaborates reforms to ensure the legal settlement of the transparency in financial transaction.
Evolution of The Right to a Healthy Environment: Case Analysis of The Supreme Court of Bangladesh
(East West University, 2025-07-22) Alam, Mst. Adiba Tasnim
The right to a healthy environment has gradually emerged as a significant component of human rights discourse, particularly in jurisdictions vulnerable to environmental degradation. In Bangladesh, a country grappling with industrial pollution, deforestation, and climate change impacts, the judiciary—especially the Supreme Court—has played a pivotal role in shaping and recognizing environmental rights through constitutional interpretation and judicial activism. This thesis explores the evolution of the right to a healthy environment in Bangladesh, focusing on landmark judgments delivered by the Supreme Court. It critically examines how the Court has expanded Article 32 of the Constitution (right to life and personal liberty) to encompass environmental concerns, thereby bridging the gap between legal theory and environmental justice. Key cases such as Dr. Mohiuddin Farooque v Bangladesh and Bangladesh Environmental Lawyers Association (BELA) v Bangladesh are analyzed in depth to assess the judicial strategies employed to recognize and protect environmental rights. The research adopts a doctrinal legal methodology, supported by a comparative review of international legal principles and regional jurisprudence. It highlights the influence of global environmental instruments and South Asian judicial trends in shaping Bangladesh’s environmental rights discourse. Additionally, the study identifies gaps in enforcement, limitations in public participation, and the challenges posed by bureaucratic inertia and legislative ambiguity. The findings reveal that while the judiciary has been progressive in interpreting the Constitution to uphold environmental rights, there is a pressing need for stronger institutional frameworks, public awareness, and legislative reforms to ensure sustainable environmental governance. This thesis contributes to the growing body of environmental legal scholarship and offers policy recommendations to enhance environmental justice in Bangladesh.
Farakka Barrage and Ganges Water Sharing: Exploring Legal Approaches to Equitable and Amicable Settlement
(East West University, 2025-07-20) Rikabder, Md. Rafi Ahmed
In 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.
Freedom of Expression vs Hate Speech: A Comparative Analysis under ICCPR and Bangladesh Constitution
(East West University, 2025-12-15) Joy, Md. Sarwar Jahan
This 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.
Legal Protection and Right to Property of Persons with Disabilities under Hindu Law
(East West University, 2025-12-15) Ghosh, Avizit
The Persons with disabilities remain frequently deprived and marginalized when it comes to the matter of legal protection and right to property. However, persons with disabilities are inseparable parts of society. Living with inherent dignity requires enjoying certain legal rights duly. Any discrimination based on disabilities undermines human dignity and human rights of a person. However, the existing provisions of Bangladeshi laws are not enough favorable to them. Consequently, their suffering does not end. This paper provides a critical overview on the Legal Protection and Right to Property of persons with disabilities under Hindu Law. The purpose of the study is to examine existing provisions of laws, identify and analyze the gaps, and propose possible solutions. This study reveals the current legal status of persons with disabilities, and right to legal protection including right to property under existing legal framework is insufficient and weak. Hence, Bangladesh needs comprehensive reformations of Hindu Law and procedural loopholes of disability laws with effective enforcement protecting the persons with disabilities.
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 Mitra
This 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.
Ship Breaking Industry in Bangladesh
(East West University, 2025-11-29) Mim, Asma Ul Hussna
This 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 .
Terrorism Financing Law in Bangladesh of the Hawala System and Its Regulatory Challenges: A Critical Study
(East West University, 2025-01-26) Inam, Md. Isa Bin
Financing of terrorism remains a critical issue in the global fight against terrorism. Terrorists relay on financial network to assist planning acquire resources and sustain networks that allow the execution of terrorist activities. Without sufficient funds or financial resources, terrorists cannot sustain operations, train their personnel's and expand their influences. One of the methods that gained attention as as significant channel for terrorisms financing is hawala. Hawala is an informal values or money transfer system that operate outside formal banking system in many countries for illegal purpose. Unlike formal banking system, hawala operates in regulated which violates anti money laundering and countering financial of terrorism measures both domestically and internationally. Following these issues, states in giving mutual legal assistance to each other have led to the use of international treaties and adopted preventive measures in domestics laws to deal with terrorisms financing. Despite those efforts, methods of terrorism financing continued to evolve and its characteristics emerged new challenges to both national and international legislation. However, a thorough understanding of such nature and analyzing the gaps in legal mechanism with thesis evolving issues is essential for developing more strengthened preventive strategies against terrorism financing.
The Effectiveness of the National Human Rights Commission of Bangladesh: An Analytical Overview (2021-2025)
(East West University, 2025-11-29) Akter, Msd. Sanjida
This 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.
The Impact of Quota Movement on the Women’s Right of Employment: A Legal Analysis from the Prospective of Rights to Employment Bangladesh and International Law
(East West University, 2025-07-14) Enayet, Sanjida
The evolution in Bangladesh's quota system, which was first put in place to resolve the issues caused by the Liberation War, as well as how it is currently shifting toward employment based on merit. Contemporary Supreme Court decisions to reduce quotas and put a greater value on merit suggest that the public sector is growing more competitive. This increases critical considerations about how to balance historical justice with equitable opportunity for all people. The study additionally looks at the way Bangladesh's quota system is different from other countries' ways of promoting social justice, especially gender equality. Countries like Rwanda and Iceland have set gender quotas, but achieving real representation in leadership posts remains challenging worldwide. India's affirmative action rules are also valuable, but they remain fundamental issues that make it hard to achieve full equality. The thesis argues that quotas initially succeeded, but both Bangladesh and international norms require structural improvements to ensure everyone has equal opportunities, reduce bias, and allow everyone to succeed.
The Missing Rules: How Standards Shape the Effectiveness of ADR in Bangladesh
(East West University, 2025-12-05) Chadni, Jahra Tasnim
This dissertation examines how the lack of clear procedural guidelines and uniform standards in Bangladesh’s ADR system undermines its credibility. Since ADR was introduced in 2000 and expanded to civil, family, commercial, labour and financial disputes, the absence of national rules on mediator qualifications, training and oversight has produced uneven quality and weak public confidence. Using doctrinal methods, the thesis analyses key civil, commercial, labour and legal aid laws to identify gaps in accreditation, safeguards and ethics, and compares them with Australia’s National Mediator Accreditation System, US schemes and India’s court‑annexed ADR centres, where strong training standards, oversight and quality control are linked to much higher settlement rates than Bangladesh’s 2.22 per cent ADR use in 2014. It finds that, although the 2025 Legal Aid Services (Amendment) Ordinance expands mediation and creates special mediator panels, it remains incomplete without a unified accreditation and accountability framework, so the study proposes an independent national accreditation authority, drawing on UNCITRAL, FIDIC and ICC models to set competencies, supervise conduct, handle complaints and support ODR so ADR can deliver reliable, accessible justice for ordinary Bangladeshis.
The Rise of Mob activities in Bangladesh: A Criminological Study of Violence, Misinformation, and Legal Challenges
(East West University, 2025-12-18) Mufti, Abdullah Al
Mob 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.
The Role of Facebook in Facilitating Criminal Radicalization: From Criminological Analysis.
(East West University, 2025-12-15) Begum, Liza
In 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.
Transboundary River Pollution and State Responsibility: Rethinking the India-Bangladesh Ganges River Water Sharing Treaty (1996) under International Environmental Law
(East West University, 2025-07-14) Parvin, Lucky
This research will explore the legal and environmental implications of transboundary river pollution, particularly in the context of the 1996 India-Bangladesh Ganges River Water Sharing Treaty. It reviews the responsibilities of States under International Environmental Law and their preventive role in preventing transboundary environmental harm. This research assesses the effectiveness of the 1996 Ganges Treaty in controlling pollution and ensuring environmental justice for affected communities in Bangladesh through the treaty's provisions, comparative legal frameworks and relevant judicial decisions. The findings suggest that pollution prevention has not been effective due to the lack of binding obligations and adequate environmental protection mechanisms in the treaty. This research compares the 1996 Ganges Treaty with other international river treaties such as the Indus Waters Treaty, the Mahakali Treaty, Mekong River Basin and the Rhine River Convention, and highlights the need for a more binding and environmentally sound legal framework.