Thesis 2024

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    Forensic Evidence on Homicide Investigation: A Comprehensive Analysis of its Crucial Role and Impact in Case Resolution
    (East West University, 2024-01-11) Urmi, Rahanuma Nubain
    Homicide, a serious social concern, demands rigorous investigation to ensure justice and prevent future occurrences. With the advancement of globalization, the standard of forensic evidence is increasing day by day all over the world. Through the analysis of forensic methods and their application in homicide investigations, this study aims to highlight the key role of forensic evidence in solving cases. Forensic evidence is essential for law enforcement agencies in criminal investigations to establish links between crimes and criminals. Forensic experts and investigators use forensic methods and technologies such as fingerprints, DNA analysis, and ballistics and trace evidence, etc. Such evidence contributes to the establishment of presumptions and this effect on the identification of the perpetrators. But this requires a proper system that brings together police, lawyers and forensic experts to apply forensic evidence to help deliver justice. Moreover, there are procedural gaps and legal loopholes in the existing law of Bangladesh, no precise guidelines on the use of forensic evidence and how a judge should determine the reliability of such evidence. Many cases are pending due to misconduct in the use of forensic evidence. Law enforcement agencies face challenges while investigating crime scenes. Therefore, significant improvements are needed to maintain the quality of forensic evidence.
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    Discriminatory Muslim Personal Law Affecting Gender Equality in Bangladesh: A Constitutional Analysis to Ensure Gender Justice
    (East West University, 2024-06-26) Jahan, Nuzhath
    This essay examines how Bangladesh's Muslim personal laws discriminate against women, with a particular emphasis on how these laws affect gender justice. It examines societal norms, legal frameworks, and historical developments, highlighting important areas of concern and suggesting reform initiatives. The research highlights how crucial constitutional principles are to maintaining gender justice. The main body of the paper is a thorough constitutional analysis of the discriminatory features of Bangladesh's Muslim personal laws. Examining these laws in the context of constitutional articles guarantee of fundamental rights, equality, and nondiscrimination. This analysis looks at constitutional clauses and court rulings from Bangladesh and other countries in comparison to find areas of agreement, conflict, and possible room for reform within the current legal system. The study also investigates how gender differences in Muslim personal laws might be addressed through legislative changes and judicial interpretation. To advance gender equality and justice, it looks at significant court rulings, legislative changes and policy initiatives. Through an evaluation of these policies' effectiveness in opposing patriarchal standards and defending women's rights, this analysis aims to shed light on possible directions for both social and legal change. A summary of the study's findings and suggestions for advancing gender justice within Bangladesh's framework of Muslim personal laws are provided in the conclusion. It highlights how crucial it is to fight discriminatory practices and advance gender equality through legislative reforms, judicial activism, and public involvement. Bangladesh may work towards a more inclusive and equitable legal system that protects the rights and dignity of all of its citizens, regardless of gender, by harmonizing Muslim personal laws with the constitutional values of justice, equality, and human rights.
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    The Burden of Proof in Rape Cases: An Analysis under the Evidence Act 1872
    (East West University, 2024-01-11) Hasan, Towsif
    The thesis titled "The Burden of Proof in Rape Cases: An Analysis Under the Evidence Act 1872" contains an analysis of the role of burden of proof provisions in establishing guilt or innocence in sexual assault cases. This dissertation looks into the complications surrounding the provisions relating to burden of proof in the Evidence Act, 1872 shedding light on its influence on the victims, defendants, and the justice system as a whole. By analyzing relevant legal provisions and case laws, the research purposes to contribute perceptions for a more nuanced understanding of the changing aspects involved in adjudicating rape cases.
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    An Analysis of Illegitimate Children’s Right within Human Rights Law Framework: A Global Perspective
    (East West University, 2024-01-14) Munir, Tasnim Binte
    The study analyzes the unclear area of rights for illegitimate children based on the international human rights laws. Children who are born outside of the marriage of their biological parents frequently confront a variety of complex issues including discrimination of law, social stigmatization, and elimination of rights and protections of an individual, rights of inheritance and other social basic amenities. The study shows AN ANALYSIS OF ILLEGITIMATE CHILDREN’S RIGHT WITHIN HUMAN RIGHTS LAW FRAMEWORK: A GLOBAL PERSPECTIVE. Starting with the historical foundation of discrimination against illegitimate children, the research follows the development of legal structures and social beliefs that have defined their status in society. It examines the interactions in human rights standards, legal framework, social custom in various countries, illuminating both area differences and similarities in execution of the rights of illegitimate children. The study depends on the fundamental international human rights instruments such as the Universal Declaration of Human Rights, the Convention on the Rights of the Child and other regional human rights conventions. This study assesses legislative reforms, case studies and judicial precedent that have attempted to address the illegitimate children’s rights. The analysis also takes into account the obstacles and chances for improving the protection and acknowledgement of these rights for children accorse international legal framework. The purpose of the research is to provide comprehensive understanding and specific recommendation into the status and rights of illegitimate children by combining legal, social, and human rights viewpoints and to promote inclusive legal modifications and cultural transformations that are in line with the principle of equality and intrinsic value of all individuals, irrespective of their birth status.
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    The Legality and Ethics of Targeted Killings: A Study of Drone Strikes under Public International Law and International Humanitarian Law
    (East West University, 2024-01-10) Sakib, Tanjil Khan
    Under the context of Public International Law (PIL) and International Humanitarian Law (IHL), targeted killings particularly those carried out by drone strikes exist in a morally and legally ambiguous region. The complexity surrounding the morality and legality of such acts is examined in this part. PIL calls into question the legitimacy of extraterritorial targeted killings since it pits the right to self-defense against the notion of state sovereignty. Legal analyses are made more difficult by the ambiguous concept of an "imminent threat" and the arbitrary use of self-defense. The ideas of necessity, distinction, and proportionality are crucial to IHL. Following these guidelines will help to reduce the number of civilian deaths and collateral damage from targeted killings. But there are serious moral conundrums when it comes to telling soldiers from civilians, particularly in asymmetric conflict. The purpose of this study's conclusions is to shed light on the current discussion surrounding the moral and legal parameters that regulate targeted killings, with the ultimate goal of advancing the conversation about improving responsibility and adherence to global legal standards.
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    The Socioeconomic Roots of Suicide Terrorism: Examining Causes and Solutions
    (East West University, 2024-01-14) Haque, Tabib Mahmudul
    Suicide terrorism was first introduced by the Shiite Hezbollah back in 1980s when the organization started to use this strategy in Lebanon. Behind each act of suicide terrorism, there can be numerical reasons. And, It is often intertwined with socio-political and economic factors. This study will try to find the intricate web of causation, seeking to unravel the socioeconomic underpinnings that drive individuals toward such extreme acts of violence. This study will examine by diverse case studies and employing a multidisciplinary approach, this study interprets the interconnectedness of economic disparities, social grievances, and the rise of suicide terrorism. The research utilizes a qualitative analysis of historical and contemporary case studies on socioeconomic indicators within regions afflicted by suicide terrorism. It explores the marginalization, poverty, lack of educational opportunities, and societal inequalities that form fertile ground for radicalization and recruitment into terrorist organizations.
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    Ragging in Educational Institutions of Bangladesh: a Critical Review
    (East West University, 2024-01-13) Fahim, Shish Muhammad
    This thesis delivers a crucial analysis on ragging in educational institutions in Bangladesh and tries to find out the current trend and controlling mechanism regarding it through a qualitative research method. A student has a lot of aspirations when they enroll in university. After being admitted to the university, many young students regrettably have terrible experiences of ragging from some of their older brothers and sisters, leaving them psychologically traumatized. This thesis tries to define ragging while giving some references of definitions. This thesis also shows the history of ragging, the reason of ragging, kinds of ragging and it’s aftereffects on a student life. Through an evaluation of various literature, examination of the policies and legal framework as well as different practices in Bangladeshi educational institutions this thesis has attempted to analyze Bangladesh’s current ragging practices. This thesis gives a conclusion while including findings, recommends reviewing laws, practices, cases in different countries as well as the current scenario in educational institutions in Bangladesh.
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    Marine Insurance Laws of Bangladesh; a Comparative Study
    (East West University, 2024-01-11) Sadia, Sayma
    Bangladeshi maritime insurance law evaluation. We'll explore industry operations, courts, and laws. After discussing maritime insurance and interpretive notions, this study examines Bangladesh's historical and legal setting and argues that it employs English law because it lacks a legal framework. Examining the 1906 maritime Insurance Act, 2010 Insurance Act, and 2000 Admiralty Court Act, this paper seeks to develop maritime insurance in Bangladesh. Triumphal cases like Eagle Star Insurance Company Limited vs. Rahmania Trading Co. suggest English maritime insurance laws may govern admiralty insurance. Bangladeshi maritime insurance is successful yet has inaccurate policies and insufficient coverage. Finally, the research illuminates marine insurance in Bangladesh. Guidance, precedents, Admiralty Court Act revisions, education, and laws are suggested. In this dissertation, the Insurance Act, 2010 and the Marine Insurance Act, 1906 are examined for pros, cons, gaps, and the necessity for proactive and contextual implementation to stay up with the ever-changing legal landscape.
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    The role of minority shareholders and Protecting minority shareholders right in Bangladeshi corporations - An Analysis according to company laws and policies.
    (East West University, 2024-01-15) Ananna, Noor-E-Saba
    Worldwide, the basic role of minority shareholders is vital for advocating effective corporate governance and ensuring a fair distribution of power within organizations and companies. However, their rights are often vulnerable to breach due to the dominance of majority stakeholders. This study explores the legal, regulatory, and practical dimensions of safeguarding minority shareholder rights, considering diverse jurisdictions and corporate environments. The research delves into the various mechanisms available for the sake of the safeguarding of minority owners. This is because locked in structure of close firms, a minority shareholder faces unique challenges in any corporations. Minority shareholders are concerned that they may lose their right to participate in management or that those in positions of authority may take advantage of them at any time. Minority shareholders' high expectations, presumption from the majority, and the lack of a liquid secondary market all contribute to this anxiety.
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    Racial Discrimination in Bangladesh: An Analysis of the Implementation of ICERD and National Laws in the Elimination of Racism
    (East West University, 2024-01-14) Aziz, Mahima
    The right to live without being discriminated is regarded as a significant human right. Racism is one of the oldest problems and still emerging one in this world that discriminates against and violates people’s most important human rights. In simple words, if a person is treated badly, harassed, bullied, humiliated or disadvantaged based on his race, colour, descent, or national or ethnic origin it is called racism or racial discrimination. However, from time to time many laws, treaties, and conventions have identified, defined & discussed Racial Discrimination and its elimination but it still exists as one of the major problems of today’s world. Bangladesh is no different from this list of countries where people are facing racism. Every state has a responsibility to ensure the enforcement of this human right and to take steps that will reflect international obligations. The object of this paper is to identify how much racism exists in Bangladesh and what laws have been enunciated so far whether national or international. Moreover, this paper will identify the loopholes of the existing legal provisions and whether they reflect the international obligation of ensuring human rights regarding decreasing the rate of Racism in Bangladesh. To be specific this research will analyze the application of ICERD in Bangladesh, as well as the coherence between ICERD and our constitution.