Thesis 2024

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Digitalization of Judiciary in Bangladesh: Including Focus on Transparency, Access to Justice and fairness.
(East West University, 2024-01-09) Silvia, Israt Jahan
This research study explores the digitalization of Bangladesh’s court in great detail, focusing on three important areas: fairness, transparency, and access to justice. This study aims to comprehend the complex ramifications of the integration of digital technologies into traditional legal processes, a trend that is becoming more widespread worldwide, in the context of Bangladesh’s court system. In order to provide a comprehensive understanding of the digital revolution, the article uses a multidisciplinary approach that combines legal analysis, technical assessment, and sociological viewpoints. Investigating transparency involves examining how digital platforms, case management systems, and online record-keeping are implemented in order to determine how they affect the transparency of legal proceedings. The study evaluates whether digitization increases judicial transparency, accountability, and public trust using factual data and case studies. Examining how digital tools and platforms help or impede the availability of legal remedies to various population segments is central to the focus on access to justice. In order to improve citizens’ access to the legal system, the study assesses how much digitization lowers entry barriers such geographic restrictions, budgetary restraints, and procedural difficulties. Moreover, the research examines the notion of justice within the framework of an electronic court. The impact of digital case management on procedural justice, potential biases in algorithmic decision-making, and the perception of a fair legal system as a whole are all examined. The study critically examines whether the shift to digital technology creates new problems and inequalities or helps to distribute justice in a more equitable manner. As a result of these investigations, the research shows the possible advantages and areas for improvement while also identifying the difficulties and dangers related to Bangladesh’s judiciary’s digitalization. The research results offer a comprehensive comprehension of the complex relationship between technology and justice, offering significant perspectives for decision-makers, solicitors, and academics who are keen on following the continuous development of legal frameworks in the digital era.
Drug Control in Bangladesh: A Comparative Analysis Between Domestic Legal Mechanisms and International Standards
(East West University, 2024-01-09) Ahmed, Foyez Uddin
In my research “Drug Control in Bangladesh: A Comparative Analysis Between Domestic Legal Mechanisms and International Standards”, Drug abuse and trafficking pose significant challenges to Bangladesh, impacting its social fabric, economic development, and public health. The implementation of effective drug control measures is crucial to addressing these challenges and safeguarding the nation's well-being. This thesis aims to conduct a comparative analysis between domestic legal mechanisms for drug control in Bangladesh and international drug control standards. The research will identify the challenges faced by Bangladesh in implementing international standards and explore strategies to overcome these challenges and enhance drug control effectiveness.
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.
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.
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.
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.
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.
Step Father’s Responsibility to Maintain a Child: A Critical Analysis
(East West University, 2024-01-14) Kannoka, Anisa Manzur
The thesis provides a critical evaluation of responsibility of stepfather towards a stepchild. The aim of the thesis is to find the responsibilities of a stepfather towards a stepchild where the child has lost his father due to father’s death and also in the case where there is biological father but he is not willing to accept the responsibilities. The research will be conducted through a qualitative research methodology. This research also tries to give a legal frame on stepfather’s responsibilities by evaluating the importance of father figure in child’ s life .When a father and mother of a legitimate child separate, the mother typically retains custody while guardianship is vested upon the biological father. But when the father is not alive or not willing to have the guardianship then mother alone have to take care of all the needs of a child. In that situation if mother marries another male then what his contribution will be towards the stepchild and what should be his contribution will be evaluated in these thesis reviewing different literature reviews, the sayings of Sariah laws including Quran, Sunnah,Ijma,Qias and overviewing the practicing laws ,customs and case laws in different Muslim countries. This thesis recommends on the creation of new policies and rules regarding stepfather’s responsibilities in accordance with Islamic Sariah law to give better shape to child’s welfare and best interest.
Tortious Liability of Public Authorities In Bangladesh: A Case study of Ministry Of Road Transport, Bridges and Highway
(East West University, 2024-01-14) Singh, Keya Monee
The Bangladeshi Ministry of Road Transport, Bridges, and Highway's possible tort culpability. Public authorities are subject to legal examination for civil wrongs that have the potential to cause pain or loss to persons, which is known as tortious liability. This abstract examines the general principles surrounding the concept, without going into detail about specific recent cases. It focuses on the Ministry's potential liability in cases involving negligence, breach of duty, and harm resulting from issues related to road maintenance, infrastructure design, and traffic management. This abstract provides a starting point for additional research on particular court cases and events concerning the Ministry of Road Transport, Bridges, and Highway in Bangladesh. The tortious liability of the Ministry is analyzed from multiple angles, such as carelessness, duty breach, and the general duty of care due to the public. Crucial elements of this investigation include cases addressing problems with traffic control, infrastructure design, and road maintenance. This abstract explains the difficulties that arise when bringing legal action against public authorities by referencing general concepts and previous legal decisions. It explores topics like governmental immunity statutes, intricate legal processes, and sovereign immunity. The story is further shaped by the laws' flexibility to adjust to changing social norms, the need to use up all available administrative remedies, and the delicate balance that must be struck between the public interest and individual rights. Furthermore, the abstract muses over the potential consequences for future litigation, taking into account how policy changes, societal changes, and legal precedents might affect the legal environment in which the Ministry operates. Through the integration of ethical issues, technological advancements, and worldwide legal trends, this analysis offers a comprehensive grasp of the challenges associated with handling public authorities' tortious liability.
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.
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.
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.
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.
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.