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Articles 1 - 9 of 9
Full-Text Articles in Law
Law, Culture And Politics Of Hartal, Dr. Zahidul Islam Biswas
Law, Culture And Politics Of Hartal, Dr. Zahidul Islam Biswas
Dr. Zahidul Islam
The common people of Bangladesh hold a confused perception about the legality of hartal. They generally consider hartal as legal and recognise it as a democratic right. But after experiencing devastating hartals over the years, they frequently ask a question, how such hartals can be legal, and how the destruction in the name of hartal can be a matter of right of the hartal announcers. These questions are, however, already answered clearly by the Supreme Court of Bangladesh. What is still a moot question is how the hartal as a democratic right can be observed legally without violating others' rights. …
Do We Have An Independent Judiciary?, Dr. Zahidul Islam Biswas
Do We Have An Independent Judiciary?, Dr. Zahidul Islam Biswas
Dr. Zahidul Islam
Despite a constitutional mandate for separation of judiciary from the executive organs of the state, until 2009 the subordinate courts in Bangladesh remained formally subject to executive control with magistrates performing the dual role of executive officer of the government as well as that of a judicial officer. In 1999, the Appellate Division of the Supreme Court gave a landmark judgment in Secretary, Ministry of Finance v Masdar Hossain (20 BLD (2000) AD 141) re-affirming the constitutional mandate for independence of the judiciary and laid out a roadmap to achieve separation of the judiciary from the executive with respect to …
Police Accountability And The 'Rule Of Politics', Dr. Zahidul Islam Biswas
Police Accountability And The 'Rule Of Politics', Dr. Zahidul Islam Biswas
Dr. Zahidul Islam
In a rule of law society, no one can remain above law. All are to live their lives within the boundaries of law. The police are no exception. The duty of the police is to instil a sense of security in the ordinary citizens, and to protect the life and property of the citizens when they are in danger. If the police fail to perform this duty, they are held accountable as per the law of the country. In Bangladesh too, there are both internal and external mechanisms for holding the police accountable. The internal mechanisms for holding individual police …
Gender, Power And Justice: An Ethnographic Study Of A Union Parishad-Led Arbitration Councils In Rural Bangladesh, Zahidul Islam Biswas
Gender, Power And Justice: An Ethnographic Study Of A Union Parishad-Led Arbitration Councils In Rural Bangladesh, Zahidul Islam Biswas
Dr. Zahidul Islam
In 2012, I obtained my PhD degree from the Centre for the Study of Law and Governance, Jawaharlal Nehru University, New Delhi, India, for my thesis entitled ‘Gender, Power and Justice: An Ethnographic Study of a Union Parishad-led Arbitration Councils in Rural Bangladesh’. This study explores the gender and power aspects in the decision making in a rural justice system in Bangladesh, which has a great impact on the lives of the poor and disadvantaged rural population of the country. Here is chapter six of the thesis, which contains the summary and conclusions of the study. Readers and scholars may …
State-Led Rural Justice In Bangladesh, Zahidul Islam Biswas
State-Led Rural Justice In Bangladesh, Zahidul Islam Biswas
Dr. Zahidul Islam
The first phase of my ongoing research on ‘State-led Rural Justice in Bangladesh’ is complete. The research exposes the state of state-led rural justice system in Bangladesh, detects the strengths and weaknesses of the system, and recommends for improvement of the same. Here is the executive summary of the research report entitled ‘Access to Justice through State-led Rural Justice System in Bangladesh: A Case Study in Kansat Union Parishad’. The report is submitted to the Research Initiatives Bangladesh, who funded it, and yet to be published However, for a soft copy of the research report, you may please contact: Research …
The Village Court: A Neglected But Potential Rural Justice Forum, Dr. Zahidul Islam Biswas
The Village Court: A Neglected But Potential Rural Justice Forum, Dr. Zahidul Islam Biswas
Dr. Zahidul Islam
The Village Courts in Bangladesh are established in 1976 with the objectives that poor village shall get easy access to justice without any cost, they can be freed from accepting unwanted decision given by the dominant or elite classes of village in the name of justice and disputant parties can be able to solve their problems by themselves with a little or necessary assistance from these dispute resolution forums. But the village courts have failed to achieve the objectives. This article examines the causes of the failure and finds that still there are great potentials in the village courts to …
Judiciary Must Take Bold Steps To Get Rid Of Backlog Of Cases, Dr. Zahidul Islam Biswas
Judiciary Must Take Bold Steps To Get Rid Of Backlog Of Cases, Dr. Zahidul Islam Biswas
Dr. Zahidul Islam
Backlog of cases appears to be a common predicament of the judiciaries worldwide. Countries from both developed and developing world have been facing this problem more or less alike. However, this difficulty for Bangladesh judiciary seems going from bad to worse every year. This article endeavours to explore the reasons behind the backlog of cases, and how to overcome the same.
Hiv Patients' Right To Marry: Indian-Bangladeshi Laws In Perspective, Dr. Zahidul Islam Biswas
Hiv Patients' Right To Marry: Indian-Bangladeshi Laws In Perspective, Dr. Zahidul Islam Biswas
Dr. Zahidul Islam
One of the hotly debated legal issues of the present time is whether HIV patients should have right to marry. Though a good number of countries have already enacted laws giving legal right to marry to the AIDS patients, it is still undecided in most of the countries of the globe. India and Bangladesh are two neighbouring countries which do not have any specific legislation settling the issue, though HIV/AIDS is considered to be a great threat to both Indian and Bangladeshi society. This write-up examines the present legal position regarding this issue in both the countries.
The Confusions And Uncertainties Thwarting Family Courts In Bangladesh, Dr. Zahidul Islam Biswas
The Confusions And Uncertainties Thwarting Family Courts In Bangladesh, Dr. Zahidul Islam Biswas
Dr. Zahidul Islam
The purpose of establishment of Family Courts in Bangladesh was to ensure a quick, effective and amicable disposal of some of the family matters, which the traditional civil courts had failed to successfully deal with. Unfortunately, the noble aim of introducing Family Courts has not been expectantly achieved though already more than two decades have passed after the courts’ coming into operation. There are many and diverse type of reasons behind such letdown. Given the socio-economic grounds, the procedural as well as substantive loopholes in the ordinance and related laws are not negligible. Besides, there are some misconceptions. This article …