Thesis 2019

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Legal Presumptions on Legitimacy of Child in the Era of Medical Science
(East West University, 2019-04-18) Anjum, Saraf
This research work mainly deals with the existing provisions in Bangladesh related to the presumption of legitimacy of child. It shows some critical analysis of the traditional laws and statutory laws. This paper also has discussed the laws with various case principles and also tried to show how the Courts are taking decisions regarding this sensitive issue. The issues of presumption of legitimacy of child remained same for long period of time on the basis of religious excuses. Hence this works have tried to show some inconsistency by comparing the relevant laws with the medical science. This research work also has discussed the perspective of other countries and tried to give a comparative study regarding the issue of legitimacy of child. In this work I have tried to show that law shall not be based solely on the former concept because such concept are conflicted with each other and cannot meet the need of this modern age. Both morality and protectionism of law will be assured for ensuring proper justice. This paper mainly focuses on the analysis of legal presumption of legitimacy of child according to the Muslim Laws and section 112 of the Evidence Act, 1872 in the light of modern scientific techniques.
Land Dispute in CHT: An investigation of long standing unsettled issue of Bangladesh
(East West University, 2019-04-18) Bhuiyan, Monjur Shariya
The historical evidence shows that one of the unsettled problems of Chittagong Hill Tract (CHT) is dispute related to land. The nature of land cultivation, ownership and possession is quite different in CHT from the other of Bangladesh. In general, the tribesmen do not have any clear notion of ownership of land. The tribal communities believe that land, forest and hills are collective property and the existing system of land registration is at variance with the ancestral land management system. In spite of advancement in socio-economic conditions the tribal generally remained firm in their perception about land rights including use. Problem remains on the point that land matters administered by the district administration, Hill District Council and the traditional system under the Circle Chiefs. Hence, the procedure existing is very time consuming. On the other side complexity of law may in some cases may be a reason to deprive the Bangalees to their land rights ensured by the constitution. Land disputes are the result of complicacies regarding laws and constitutional rights. Though to settle dispute regarding land several different institutions envisaged under different laws which are considered different from the other part of Bangladesh. This position can be taken against the equality notion of the Constitution of Bangladesh. After the signing of peace accord in 1997 and establishment of Chittagong Hill Tract Land Dispute Resolution Commission land disputes were expected to be resolved. However, till now the Chittagong Hill Tracts Land Dispute Resolution Commission remains ineffective and has failed to resolve any land related disputes even after so many years of its establishment because of the ambiguous and doubtful nature of the relevant statutes. The statutes under the ‘Peace Accord’ are envisaged to resolve the land disputes. As the constitutionality of the peace accord is still to be decided, the fate of the said statutes remains uncertain. Hence, the thesis draws the conclusion that, the unsettled land disputes have worsened the already tensed situation in the CHT region.
The Impact of Ataur Mridha Case on Prevailing Life-Sentence System in Bangladesh: An Appraisal and Review
(East West University, 2019-04-18) Lata, Sheikh Afroja Anwar
A determinate sentencing system in Criminal Law of a country provides an idea of offense and its specific term of punishment to serve. It upholds the consistency in criminal justice system. But it is a bitter truth that, in Bangladesh there is no existence of specific sentencing guideline. This thesis analyzes the existing life-sentencing system of Bangladesh and tries to show the perplex circumstances in legal system of Bangladesh for the absence of specific sentencing guideline. Thus the main focus of this research is to find out that how much the judgment held by the Appellate Division in the case Ataur Mridha vs The State in Bangladesh is justified and ensures the rights of the life convicts and its effect on the existing legal system of Bangladesh. It aims to uphold the analytical discussions of the cases of other countries but predominantly Indian and Bangladeshi cases from the perspective of legal provisions and judicial decisions. These questions are also explored from the perspective of a range of jurisdictions that draw on empirical research. This thesis paper is prepared on the basis of a qualitative research by content analysis which shows the precedent by the Appellate Division is contradictory and repugnant to many existing laws of Bangladesh. The result comes out from the research focuses on the absurd consequence for the prisoners by the Appellate Division and the violation of their rights both in domestic law.
Relevancy of Character as Evidence and Judicial Approach Towards Rape Victims
(East West University, 2019-04-18) Hosen, Altaf
In Bangladesh a numerous number of crimes has been committing every day among them most heinous crime is rape. Rape is a total attack upon the person which affects physical, psychological and social well being.Physically there is immediate danger of injury, mutilation or death. It is increasing day by day in spite of having specific laws regarding this.In reality, even in court after become a victim of rape, victim has to prove that she has a good character and incident occured against her will and without consent which indicated absolute burden of prove lied them.In stead of burden of prove a provision inserted in section 155(4) of Evidence Act, 1872 ‘when a man is prosecuted for rape or an attempt to ravish; it may be shown that the prosecutrix was of generally immoral character. As per such laws it can be said that Licentious", "hired" or "unchaste" women, prostitutes, or women used to sexual relations cannot be raped.Which clearly indicates that a complex situation has been made through this provison. Moreover, Court also taken the character as evidence of rape victim into serious consideration which may resulted them acquittal.In this circumstances a question can raise the relevancy of this provision under Eviden Act, 1872 and validity under Bangladesh Constitution.
The Digital Security Act 2018: A Theoretical Evaluation on its Impacts on Freedom of Expression
(East West University, 2019-04-18) Afrin, Sadia
The right to freedom of expression is recognized all over the world which is a very significant right for every human being. Article 39 of the Constitution of the People’s Republic of Bangladesh 1972 gives the power of freedom of expression to the citizens of Bangladesh. However, this right is not an absolute one, there are some reasonable restrictions on it. The Parliament of Bangladesh currently made a law called the Digital Security Act 2018. This law introduces some provisions which protect the freedom of expression with reasonable restriction but on the other side, there are some provisions which affect the right of freedom of expression with unnecessary restriction. This research will focus on the negative and positive impacts of the Digital Security Act 2018 on freedom of expression and highlight the relevant issues.
Cyber Crime in Banking Sector of Bangladesh
(East West University, 2019-08-10) Alomgeer, Sayeda Fariha
This research is based on cybercrime in banking sector of Bangladesh. Here also described the uses of internet and many types of cybercrime which is occurred in online banking sector through internet. The process of cybercrime is described here and the accomplishments of different laws are shown in it. In this thesis described the laws of our country with their defects. It is also focuses the loopholes of our laws. What is the scenario of banking sector in our country also shown in this thesis. However, We have no sufficient laws to deals with cybercrime but it is urgent to enact it also elaborate in this research.
Universal Human Rights Violations from Geopolitical Perspective
(East West University, 2019-08-22) Shikder, Avijhit
The 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.
Insurance Laws of Bangladesh : How it Plays a Role in the Development of Economic Growth.
(East West University, 2019-08-22) Islam, Sahariar
A 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.
Child and Woman Trafficking in Bangladesh: A Study Exploring its Causes and Challenges
(East West University, 2019-08-25) Ferdous, Jannatul
This 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.
Comparative Analysis On Hindu Personal Law between Bangladesh and India
(East West University, 2019-08-25) Noor, Tajnuba
In 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.
Food Adulteration in Bangladesh: A Critical Approach towards the Application of Food Safety Act, 2013 and Mobile Court Act, 2009
(East West University, 2019-08-25) Chowdhury, Anika Mardiah
This thesis deals with the food adulteration scenario in Bangladesh that problem of food adulteration were in past also continuing at present and now this is a growing problem in Bangladesh and by consuming it many people are suffering from food borne illness along the food safety has been insured under different laws like the Penal Code, 1860, Food Safety Act, 2013, Mobile Court Act, 2009 and how this interpreted as of right under the constitution of Bangladesh. This work also deals with the amendment of law required and proper applicability of an figured law is urgent required as the present system to prevent food adulteration are not able to curb the evil activities of adulteration and malpractices in Bangladesh because almost dozen of laws dealing with this but not proper application of any. The conclusion came up that the trial conducted by mobile court under the Mobile Court Act, 2009 has many limitations and the outcome by whose trial does not bring permanent solution therefore for ensuring food safety a figured law is required and establishment of a separate consumer court or food court under the Food Safety Act, 2013 is required along for better application the Food Safety Act, 2013 maybe amend by comparing other country law can be followed that how they deal with this issues.
Recognition of Transgender as Third Gender: An Analysis of their Education and Employment Right
(East West University, 2019-08-25) Pinkey, Rokeya Romana
The 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 more
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, Omar
This 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.
The Evaluation and Implications of Basic Structure Doctrine in Bangladesh
(East West University, 2019-08-25) Jahan, Sharmin
This 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.
Rights of the Accused in Bangladesh: A Critical Appraisal of Legal Framework
(East West University, 2019-08-25) Prianka, Nahid Akter
This 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.
The Rationality of Incorporation of Section-19 in the Child Marriage Restraint Act, 2017 in Perspective of Bangladesh: A Legal Analysis.
(East West University, 2019-12-12) Tumpa, Farjana Khanam
Child marriage is a gross violation of child’s right as it is carried against their wills and best interests. Bangladesh has enacted a new Child Marriage Restraint Act 2017 by repealing the previous one to prohibit child marriage from Bangladesh but it contains a special provision which allowed child marriage in special circumstances with the consent of the guardians and the Court for the best interest of the child. However, this section does not define what these special circumstances and nor does provide any standard to measure the best interest for children. It appears that this section indirectly encourages child marriage to be happened rather than to discourage it. This is a qualitative research based on primary and secondary data. The research paper analyses the rationality of incorporation of section-19 in the Child Marriage Restraint Act 2017 in perspective of Bangladesh. It maybe contradictory to the Constitution and may validate statutory rape in Bangladesh. This research paper examines the international responsibility of Bangladesh in light of child marriage
Reforming Rape Punishment in Bangladesh: A Comparative Overview
(East West University, 2019-12-12) Rahman, Sharif Tabibur
Rape 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.
Guardianship of Property: A Critical Analysis Under Personal Laws and Statotury Laws
(East West University, 2019-12-12) Khan, Md. Mahmudul Hassan
This research work mainly deals with the existing laws in Bangladesh related to the Guardianship of property. It shows some critical analysis of the Personal laws and statutory laws. This paper also has discussed the laws with various case principles and also tried to show how the Courts are taking decisions regarding this issue. This work has tried to show some inconsistency by comparing the relevant laws. This research work also has discussed the perspective of other countries and tried to give a comparative study regarding the issue of guardianship of property. This paper mainly focuses on the analysis of guardianship of property according to the personal laws, statutory laws, and various case principles. There is a great debate that if mother can get the custody of her minor child as well as the guardianship of property. In order to fill the gap in the present debate, this dissertation contains recommendations to amend the current legal provisions that whether mother should get the guardianship of property if the situation demands.
Freedom of Expression: Rights and Restrictions
(East West University, 2019-12-12) Shovon, Shourav Kumar
Freedom 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?