Law & Our Rights, The Daily Star

Law & Our Rights, The Daily Star The weekly law page from The Daily Star. Email your submissions to [email protected] The law, like any human invention, defies perfection.

Thus, learned men have, since time immemorial, debated law and justice resulting in a never-ending series of epiphanies, each inching us closer to a complete understanding of the law. This page has been officially created in efforts to make 'Law & Our Rights' Section of the Daily Star Newspaper, which comes out every Tuesday, more popular and rights oriented among our readers and attract the non-r

eaders to it. We aim to provide our fans, followers and readers with fast updates and information regarding legal affairs in an organized way. Stay tuned for more news from the legal world!!!

"[I]nternational tribunals, such as the European Court of Justice (ECJ), in Sahar Fahimian v Bundesrepublik Deutschland ...
15/07/2025

"[I]nternational tribunals, such as the European Court of Justice (ECJ), in Sahar Fahimian v Bundesrepublik Deutschland (2017), upheld a wide degree of discretion for states in immigration matters (para 42). However, it is important to note that the ECJ, while granting such wide discretion, also established that this discretion needs to be proportionate and be based upon "sufficient grounds" and a "sufficiently solid factual basis." Similarly, General Comment No. 15 (1986) by the UN Human Rights Committee, which interprets the International Covenant on Civil and Political Rights ('ICCPR'), states that an alien may enjoy the protection of the Covenant even in relation to entry or residence, for example, when considerations of non-discrimination, prohibition of inhuman treatment and respect for family life arise," writes Sharmista Banik.

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In recent years, governments of so-called developed countries have increasingly restricted their visa policies as a diplomatic measure against developing nations.

"The real impediment is not resource scarcity but political inertia. Bangladesh is not a country lacking in legal imagin...
15/07/2025

"The real impediment is not resource scarcity but political inertia. Bangladesh is not a country lacking in legal imagination. Our judiciary has often led from the front in cases concerning environmental justice, electoral integrity, and constitutional governance. But without legislative reinforcement, judicial pronouncements become paper tigers—courageous in ink, ineffective in impact."
✍️ Joydeep Chowdhury

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The Constitution of Bangladesh promises equality, but for a sizeable population of women, this promise has yet to be materialised.

“Unlike the criminal justice system, where the main focus is to punish the offender, tortious remedies' primary focus is...
08/07/2025

“Unlike the criminal justice system, where the main focus is to punish the offender, tortious remedies' primary focus is on compensating the victim for the harm caused in every way possible and for future support and betterment of the victim. There are several remedies under tort law e.g., compensatory damages and punitive damages. The best tort remedies that would be ideal for r**e victims are compensatory damages covering medical bills, therapy costs, and lost earnings due to trauma, and also acknowledging the emotional distress, pain, and suffering of the victim. Punitive damages aim to deter similar incidents from taking place again,” writes Jannatul Ferdows.

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A prominent human rights organisation Ain o Shalish Kendra reported that there was 4,787 incidents of reported r**e cases in Bangladesh from January 2020 to September 2024. This implies that nearly one woman was r**ed in every nine hours in Bangladesh. According to legal experts, even this horrific....

Md. Rabin Miah says, “Traditionally, Bangladesh's judicial system relied on the Wednesbury Unreasonableness Test (WUT) f...
08/07/2025

Md. Rabin Miah says, “Traditionally, Bangladesh's judicial system relied on the Wednesbury Unreasonableness Test (WUT) for administrative review, as established in Associated Provincial Picture Houses Ltd v Wednesbury Corporation (1948). This test sets a high threshold for judicial intervention, limiting scrutiny to cases where a decision is so unreasonable that no rational authority could have made it. Critics argue that WUT grants excessive deference to governmental discretion, inadequately protecting fundamental rights. Proportionality offers a more structured and rigorous alternative, requiring courts to assess if administrative actions are proportionate to their objectives rather than merely avoiding extreme unreasonableness.”

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Recently, the Constitution Reform Commission (CRC) has made certain reform proposals to be brought to the Constitution. Two main reforms are central to the CRC’s proposal relating to fundamental rights. First, the CRC advocates for the justiciability of socio-economic rights, recognising them as e...

“This perceived hypocrisy is fuelled by the critique advanced by Third World approaches to international law (TWAIL), wh...
08/07/2025

“This perceived hypocrisy is fuelled by the critique advanced by Third World approaches to international law (TWAIL), which posits that international law is not failing, but rather functioning as it was designed: as a system conceived by colonial powers to perpetuate a particular world order. From this perspective, the selective application of legal principles is a feature, not a bug. The swift mobilisation of international mechanisms to address conflicts in Ukraine or East Timor stands in stark contrast to the decades long paralysis concerning Palestine. Legal definitions that seem clear, such as what constitutes an 'occupation' under Article 42 of the 1907 Hague Regulations, become mired in semantic debate, and actions deemed illegal by the Security Council, such as the expansion of settlements under Resolution 2334, continue with impunity,” writes Md. Imamunur Rahman.

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A compelling exchange once took place between Shami Chakrabarti, former president of the UK-based human rights organisation Liberty, and the eminent jurist Lord Thomas Bingham following his lecture on ‘The Rule of Law’.

Md. Fahmedul Islam Dewan writes, "The BLA governs workers' rights but does not include protection for gig workers. Accor...
24/06/2025

Md. Fahmedul Islam Dewan writes, "The BLA governs workers' rights but does not include protection for gig workers. According to section 2(65) of the Act, a worker is any person, including apprentices, irrespective of whether the terms of his employment are expressed or implied, who works in any institution or industry, directly or through contractor, in exchange of wages or money for any skilled, unskilled, physical, technical, etc. Workers in the gig economy, such as ride-hailing drivers, delivery drivers, and freelancers, do not fall under this categorisation since there is no official employer-employee relationship. Without such a connection, gig workers are arguably ineligible for basic protections such as minimum wage, sick leave, health insurance, and employment security."

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The gig economy, notably via platforms such as Uber, Pathao, and Foodpanda, has created new possibilities and constraints in the labour markets across various countries, including Bangladesh.

"While intending to enhance transparency, the Ordinance may have paradoxically introduced new loopholes. It is submitted...
24/06/2025

"While intending to enhance transparency, the Ordinance may have paradoxically introduced new loopholes. It is submitted that implementing this Ordinance in its current form risks exacerbating the problems it seeks to address. As the HCD observed, more discussions on this matter can be done in the new parliament. At this historic moment when the whole nation is looking forward to seeing meaningful reforms, a carefully drafted law is imperative," writes Atiqur Rahaman.

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The newly enacted Supreme Court Judges’ Appointment Ordinance 2025 marks a potentially significant move toward a fairer and more transparent judicial appointment process in Bangladesh. This initiative comes at a time when discussions and anxieties surrounding the selection of judges for the higher...

"Bangladesh ranked 75th out of 83 countries in the Global AI Index. This is not only about technology, but it also refle...
24/06/2025

"Bangladesh ranked 75th out of 83 countries in the Global AI Index. This is not only about technology, but it also reflects a broader failure to prepare our legal, educational, and social institutions for the future. In contrast, countries such as the UAE are using AI to predict and prevent disasters, e.g., fire-related disasters, before they can occur by feeding the AI with vast data and training models. Sadly, we are still struggling with digital literacy and addressing digital divides," writes Satirtha Chakma.

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Artificial Intelligence (AI) is no longer the future— it is the present. From global finance to health, surveillance to academics, and the legal profession, AI systems are now integrated into many aspects of our everyday life.

A major problem with the current law is that it does not impose any explicit restrictions on the use, advertising, promo...
18/06/2025

A major problem with the current law is that it does not impose any explicit restrictions on the use, advertising, promotion, sponsorship, or packaging, and labeling of 'e-cigarettes'.

The to***co epidemic is one of the biggest public health threats the world has ever faced. According to the World Health Organisation (WHO), smoking kills nearly 8 million people yearly, while secondhand smoke causes another 1.3 million deaths annually. Despite this horrific number, it is shocking t...

“In fact, members of our constituent assembly did not intend to be keep ESC rights unenforceable forever. Tajuddin Ahmed...
18/06/2025

“In fact, members of our constituent assembly did not intend to be keep ESC rights unenforceable forever. Tajuddin Ahmed, for instance, stated in the Constituent Assembly that the future parliament may take decisions on their enforceability.”

In 1937, Ireland, for the first time, incorporated the Economic, Social and Cultural (ESC) rights in its Constitution as unenforceable directive principles. Countries such as India and Bangladesh followed the same model in their respective Constitutions.

“With the advent of the DSA and ICTA, a way to curb the constitutional guarantees was laid out. The process commenced wi...
18/06/2025

“With the advent of the DSA and ICTA, a way to curb the constitutional guarantees was laid out. The process commenced with the creation of a delusion as to the concept of freedom of expression.”

Although in postmodern values, both ideas of religion and nationality are disregarded as subjective truth, which exist only in the psychological realm; historically, people of this subcontinent demonstrated affinity for the homeland and fostered devotion for their deity at the same time.

A legal entity, like an AI-managed logistics firm, is no longer a tool but a collective actor. Just how a football team ...
13/06/2025

A legal entity, like an AI-managed logistics firm, is no longer a tool but a collective actor. Just how a football team function as a unit, the AI system and its human "organs"—engineers, managers, users—operate together and can be blamed when required as a whole.

On April 28, the world observes the World Day for Safety and Health at Work—a day specified by the UN to reflect on how to make workplaces safer.

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