Thesis 2019
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Item The Judicial Service Regulation (Srinkhola) Bidhimala, 2017: Whether in Consonance with the Spirit of Judicial Independence Guaranteed under Constitution or not?(East West University, 2019-08-25) Faruque, OmarThis thesis analyses concept of judicial independence and judicial accountability with special reference to leading cases in the judiciary. The central issues of this thesis are to find out provisions of Judicial Service Regulation (Srinkhola) Bidhimala 2017 conflicts with judicial independence and accountability. The thesis examines the conditions of judicial independence and accountability in Bangladesh in comparison with general principles, and under the Constitution of Bangladesh. Firstly, it evaluates Independence of Judiciary as a concept in our constitution. Secondly, it gives a clear concept about absolute checks in balances. Thirdly, this thesis examines how subordinate judiciary was separated from the executive by the judgment of Masdar Hossain and how Judiciary was separated from legislative by the judgment of 16th Amendment Case. The thesis identifies the strengths and weaknesses of the Judicial Service Regulation (Srinkhola) Bidhimala 2017 regulation and their impacts on judicial independence. It proposes ways of preserving the strengths or remedying the weaknesses to improve the conditions of judicial independence and judicial accountability in Bangladesh. Lastly, in conclusion thesis emphasizes that proper measures should be taken to maintain judicial independence and at the same time, an adequate system of proper checks and balances should be established without undermining the independence of judges.Item Recognition of Transgender as Third Gender: An Analysis of their Education and Employment Right(East West University, 2019-08-25) Pinkey, Rokeya RomanaThe right to education and employment is a universal right for all including the transgender where the constitution of Bangladesh also ensures equal right and provides equality before law with the prohibition of gender discrimination in availing education and employment facilities. Besides, the government of Bangladesh showing its concern to the transgender recognized them in 2013. So, this paper analyzes the support and enforcement of existing legal system of Bangladesh and the ratio of their development through education and employment right. Thus, the main focus of this research is to find out that how much such recognition changes their lifestyle and social acceptance along with legal support. Therefore, it aims to uphold their right to education and employment with an analytical discussion comparing with India and Pakistan. However, it is prepared on the basis of a qualitative and quantitative research by content analysis, article views and survey interview where apart from some exceptions, it is found that the transgender of Bangladesh are not getting their education right for non-acceptance of their gender and discrimination as a consequences they also deprived from their employment right where there is no existing law which strictly shows its concern for facilitating the transgenders. However, further studies obviously need to be much more broadly based for exploring it moreItem Rights of the Accused in Bangladesh: A Critical Appraisal of Legal Framework(East West University, 2019-08-25) Prianka, Nahid AkterThis research work mainly deals with a critical analysis under the Laws of Bangladesh in relation to the rights of the accused. Many provisions of the Constitution of the People’s Republic of Bangladesh, the Code of Criminal Procedure 1898, the Evidence Act 1872 and special laws ensure to guarantee certain basic rights of the accused. This paper has also discussed the laws with various case principles and tried to show how the Courts are taking decisions regarding this sensitive issue. In addition, this paper also discusses particular standards of international instrument for the rights of the accused and comparative discussion with the laws of Bangladesh. The laws of Bangladesh guarantee all the basic rights of the accused; however, violation of fundamental rights has been reported in many criminal cases in Bangladesh. In this research paper, I tried to narrate the real situation of rights of accused in Bangladesh and outline some recommendations for amendments of relevant laws which is the most important to reduce the scope and possibility of the abuse of the power of different organs. Finally, I concluded this paper with a short summary of the key issues. This research paper has been prepared on the basis of a qualitative research. The secondary resources of this study such as the legal statute, books, journal articles, and newspaper reports have been applied.Item Insurance Laws of Bangladesh : How it Plays a Role in the Development of Economic Growth.(East West University, 2019-08-22) Islam, SahariarA developing country like Bangladesh Who are struggling to develop economic growth, Insurance can play a key role in developing economic sector of this country. Insurance companies have some significant prospects in the growth of the economy but somehow in Bangladesh they failed to achieve that goal. In 2010 the parliament of Bangladesh passed a new law. The Insurance Act 2010 and IDRA 2010. After passing the new Act the previous one had been inactive. The reason of the new enactment of the insurance law was to modernize the law and give a systematic way out for running the insurance sector. But after enacting the new law it was so sudden that most of the insurance companies did not able to match with it and suffer so much. In this research paper I am going to give a comparative study on The Insurance Act 1938 and 2010, different types of insurance, Effects of the insurance in the sector of Bangladesh economy, difficulties of insurance business in Bangladesh and etc.Item Comparative Analysis On Hindu Personal Law between Bangladesh and India(East West University, 2019-08-25) Noor, TajnubaIn British period, they made some laws for the Hindu Personal Law. Bangladesh and India followed that legislation. Bangladesh still follows those laws and they made amendment in the laws narrowly but in India they made vast amendment among those laws. This research paper also deals with the inconsistency between the shatric laws and statutory law. This research work is mainly focused on divorce, marriage registration, maintenance, property regarding issues in both countries. In my research work I have tried to cover these issues by the case, principle, regarding laws, decisions of the judiciary and another country example to analyses that how they deal with it. I haves shown that, in Divorce, Maintenance, Registration of marriage, Property, Maintenance are the sector where Hindu religions are neglected in Bangladesh and in India how it changes Judiciary system, in regarding issues. I tried to find out inconsistency of legislation on Hindu personal law between Bangladesh and India.Item Freedom of Expression: Rights and Restrictions(East West University, 2019-12-12) Shovon, Shourav KumarFreedom of speech and expression is a fundamental right in modern societies, and it has particular significance in relation to the well-functioning of the constitutional democratic process. This freedom of speech and expression is essential to the development of human personality and every person should be free in his thought and conscience. On the other hand, it is also essential for the development and functioning of democracy. Bangladesh is a democratic country and its constitution contains the right to free speech and expression. In this paper, first I have discussed the concept of freedom of speech and expression. Then I show that from where this right has been recognized. After that I discuss about the importance of this fundamental right in our different aspect. I also discuss our constitution where this right is given as fundamental human right. Further I have tried to sort out the grounds on which restriction can be imposed upon freedom of speech and expression and also discussed their justification. I have discussed the effect of restriction by other national laws upon Freedom of speech and expression of Bangladesh. The main aim of this paper is to identify the reasonable grounds of restriction upon Freedom of speech and expression and their effects. Whether these restrictions may meet the real purpose or not? And how far our right is protected by law?Item The Evaluation and Implications of Basic Structure Doctrine in Bangladesh(East West University, 2019-08-25) Jahan, SharminThis research work mainly deals with the Doctrine of Basic Structure and how it has been evaluated and implicated in Bangladesh. As the basic structure doctrine is the judge-made rule that some features of the Constitution are beyond the limit of the powers of amendment of parliament and the doctrine was first expressed in ‘Kesavananda Bharati v. The State of Kerala’ reflects judicial distress at the perceived danger to the moderate constitutional order caused by the Indian National Congress, in particular under Indira Gandhi. So in this paper I have discussed it. It also showed that the basic structure doctrine is only applicable to the constitutionality of amendments and not to ordinary Acts of Parliament, which must match to the whole of the constitution and not just to its basic structure. In this paper I have discussed about the applicability and implications of basic structure in respect to the amendments of any feature of the constitution.Item Child and Woman Trafficking in Bangladesh: A Study Exploring its Causes and Challenges(East West University, 2019-08-25) Ferdous, JannatulThis research work mainly deals with child and woman trafficking in Bangladesh and a study exploring its causes and challenges. As we know that, trafficking has appeared as one of the wickedest and most pervasive forms of human rights violation of woman and children. The major purpose of this paper is to analyze the process of trafficking, network relations among the traffickers and the causes of trafficking and its impact in a social system like Bangladesh.In this paper I try to show some the conceptual matter, the origin of trafficking or when Bangladesh adopt trafficking.This research work has discusseddestination, trafficking routes, and transit points of child and woman trafficking in Bangladesh. It shows various laws in Bangladesh regarding child and woman trafficking and try to find out the primepurposes of such trafficking and its consequences. This paper also point out some recommendation to prevent child and woman trafficking as well as to reintegrate the trafficked victims with the main stream of population.Item Reforming Rape Punishment in Bangladesh: A Comparative Overview(East West University, 2019-12-12) Rahman, Sharif TabiburRape is a crime in our society and country taken a severe form and spreading day by day like a virus. There are legal provisions for punishment of rape in Penal code and special laws. Convicts are subject to capital punishment according to the laws in force. Notwithstanding that the rate of rape incidents is increasing at a scary rate. So why would there be increasement of a particular crime in award of which capital punishment is imposed? The answer can be lack of effectiveness and improper implementation. In this research I will try to figure out and show that rape crime cannot be reduced or removed from our society just by giving the convicts highest grade of punishment. Rape criminal needs effective form of punishment and the trial must proceed with 100% clear motive to penalize the offender and get the victim proper justice. Methods and way of collecting evidence, nonpersuasive statement from the rape victim, speedy trial in court etc. shall be discussed in this research work. Applying retributive and deterrent theory of criminology in determining the punishment of a rape criminal shall also be discussed. Besides imposing of effective punishment another most important matter in a rape incident is the victim. In our justice system one of the biggest complaints is that the rape victims don‟t get the proper justice and remedy. In my research work I will try to show that more effective remedies for a rape victim can be awarded by our justice system. In determining all the aspects mentioned above I will analyze and refer some effective form of punishments and effective remedies for rape incidents in developed countries and in addition to that my personal findings will be given in this research work.Item Universal Human Rights Violations from Geopolitical Perspective(East West University, 2019-08-22) Shikder, AvijhitThe research work examines contemporary geopolitical condition of Bangladesh with respect to India and beyond, and how rising major powers like India dictates the terms and conditions of a bilateral agreement that violates the universal human rights of the people of Bangladesh. The work also indicated that self-centred states practices by major powers like USA, China, and Russia are against the universal human rights with regard to small powers. Universal human rights including right of self-determination, right to natural wealth and resources, right to life, right to an adequate standard of living, right to health, and so forth as enumerated in international instruments are being violated by power politics relates it to geopolitics. Right to a clean environment is considered as an international human right. The facility focuses upon climate change, the destruction of biological diversity, the pollution of international waters, ozone depletion and land-degradation. According to the principles of state responsibility, polluting states are responsible under international environmental and humanitarian law to make reparation to the polluted states. This work is primarily focused on exploitation of natural wealth and resources, extrajudicial killings by India’s Border Security Force, penetration of Indian culture, and how these are in violations of established universal norms of human rights.