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Book
xxii, 257 pages ; 24 cm.
  • Introduction
  • General issues concerning the powers of emergency and the evolution of these powers in the Indo-Pak-Bangladesh
  • Suspension of the fundamental rights and the exercise of the power of preventive dentention during emergencies in the Indo-Pak-Bangladesh subcontinent
  • Devising and developing a standard emergency model
  • The emergencies proclaimed in Bangladesh on five occasions from 1974 to 2007 and their justifiction
  • Impact of the five proclamations of emergency in Bangladesh on the fundamental rights of individuals
  • Preventive detention laws in Bangladesh, their exercise during the five proclamations of emergency and judicial response to such exercise
  • Conclusion.
In Bangladesh, the absence of effective constitutional safeguards for governing emergency regimes has resulted in each of the five emergencies being invoked on the imprecise ground of internal disturbance. Two of these emergencies were even continued after the alleged threat posed to the life of the nation was over. Furthermore, during these five periods of emergency, either all or most of the fundamental rights guaranteed by the Constitution were suspended and the power of preventive detention was abused. Since no systematic and structured research has so far been carried out evaluating the Bangladeshi Constitution's provisions concerning the proclamation of emergency, suspension of fundamental rights and preventive detention, and the invocation of these extraordinary measures, this book will enhance knowledge by identifying the flaws, deficiencies and lacunae of the constitutional provisions concerning these exceptional measures. Consequently, based on these findings, recommendations will be put forward to rectify these defects from comparative constitutional law and normative perspectives. The outcome of this book will not only establish the best means for ensuring the maintenance of the rule of law but also for preventing undue intrusion on the fundamental human rights of individuals during emergency situations in Bangladesh. This book will be of great interest and use to scholars and students of comparative constitutional law, human rights law and Asian law. Given the law reform analysis undertaken in this work, it will also be beneficial for the policy makers in Bangladesh and for the policy makers of constitutional polities facing similar problems with the issue of constraining the exercise of emergency powers.
(source: Nielsen Book Data)9781351685924 20171201
Law Library (Crown)
Book
xiii, 444 pages ; 25 cm.
  • Foreword: Criminal sentencing in the age of chaos
  • Introduction
  • Troublesome issues in sentencing : balance in constantly changing contexts
  • Colonial transformation of sentencing policies of Bangladesh : a historical account
  • Sentencing policies of Bangladesh : the locus of state authority
  • Sentencing policies in Bangladesh : the legal framework
  • Sentencing calculus in Bangladesh : a case study
  • Conclusion.
In Criminal Sentencing in Bangladesh, Muhammad Mahbubur Rahman critically examines the sentencing policies of Bangladesh and demonstrates that the country's sentencing policies are not only yet to be developed in a coherent manner and shaped with an appropriate and contextual balance, but also remain part of the problem rather than part of the solution. The author forcefully argues that the conception of 'sentencing policies' cannot and should not always be confined exclusively to institutional understandings. The typical realities of post-colonial societies call for rethinking the traditional judiciary-centred understanding of what is meant by criminal sentences. This book thus raises the question for theoretical sentencing scholarship whether the prevailing judiciary-centred understanding of sentencing should be rethought.
(source: Nielsen Book Data)9789004331358 20170530
Law Library (Crown)
Book
x, 146 pages : illustrations ; 26 cm.
  • Table of Contents Acknowledgements... Introduction Theoretical and Conceptual Issues Equality Debates in the West Equality Within Islam: Formal and Substantive Methodology... Overview of Remaining Chapters... Women and Islam in Bangladesh The Politics of Islam in Bangladeshi Society Women, Islam and Society in Bangladesh Women in the Popular Books on Islam in Bangladesh... Misinterpretation of Islam and Husband-Wife Relationships in Bangladesh... Conclusion... Muslim Family Law in Bangladesh... Dower and Maintenance in Bangladesh... Divorce... Polygamy... Child Custody and Guardianship... Inheritance Law... Conclusion... CEDAW, Islamic Law and Women in Bangladesh... CEDAW and Islamic Law... CEDAW and Muslim Countries... CEDAW, Islam and Politics in Bangladesh... Same Responsibilities Between Men and Women... Conclusion... Dowry, Women and Law in Bangladesh... The Dowry System in South Asia... The Emergence of Dowry in Bangladesh... Men's Expectations from Their Wives or Wives' Family During Marriage... Dowry and Law in Bangladesh... Conclusion... Women, Income and Dowry in Bangladesh... Women and Employment... Women's Income and Dowry in Bangladesh... The Strategies That Husbands Employ to Control Wives' Income... Conclusion... Conclusion...
  • (source: Nielsen Book Data)9781138228467 20170424
This book examines the interrelationship between law, culture, patriarchy and religion in the context of contemporary Bangladesh. It explores the role of Islam in society and politics generally, and on gender equality in particular. The work focuses on the situation of married women. Taking a socio-legal approach, it analyses the changing nature of the dowry practice and its relation to women's increasing paid labour force activity. Despite anti-dowry legislation, it is argued here that the dowry system continues in the form of the appropriation of wives' income. The work calls for legal recognition of this action and the amendment of the Dowry Prohibition Act as a result of the changing social realities that are taking place in the lives of Bangladeshi women. An Islamic approach is applied to equality between men and women in addressing and analysing these issues. The book includes international comparisons on gender equality and discusses the role of CEDAW, as well as the dowry system in South Asia. The book will be of interest to academics and researchers working in the areas of Law and Religion, Gender Studies, and International Development.
(source: Nielsen Book Data)9781138228467 20170424
Green Library
Book
61 pages ; 23 cm
SAL3 (off-campus storage)
Book
lxii, 562 pages ; 22 cm
  • Nature, scope and application of Hindu law
  • Sources of Hindu law
  • Schools of Hindu law
  • Marriage
  • Maintenance
  • Adoption
  • Law of succession under Hindu law
  • Exclusion from inheritance
  • Stridhan
  • Widow's or woman's estate
  • Joint family and coparceners
  • Debts
  • Partition and re-union
  • Religious & charitable endowments
  • Gift
  • Wills
  • Impartible estates
  • Minority and guardianship
  • Benami transactions & law of power.
Law Library (Crown)
Book
xvi, 234 pages : illustrations ; 24 cm.
  • 1. Introduction 2. Governance inspirations meet the study of human rights norms 3. Children's rights in Bangladesh: National versus local implementation 4. The local implementation process 5. Local infrastructure, institutions and actors 6. Beyond project outcomes: Reflections upon local children's rights change 7. Conclusion Bibliography.
  • (source: Nielsen Book Data)9780415661867 20160614
From the Global to the Local develops a unique perspective on human rights governance in developing countries, where the state often lacks the required resources, capacities and expertise for implementing rights. Considering how rights that have been agreed upon in the global arena of world politics are locally implemented, this book then specifically explores how they reach the local children of Bangladesh's urban slums and poor rural areas. Andrea Schapper combines an analytical framework grounded in international relations scholarship on global governance with empirical field research methods that have their basis in sociology and anthropology. Utilising this methodology, the book examines three principles that represent a global consensus on children's rights (the protection of children from the worst forms of child labor, providing them with primary education, and delivering basic health care services to them) to illuminating the need for local and contextual solutions to transnational issues. Exploring such concerns with vigor, this book fills a gap in the study of human rights implementation and protection and will thus be of immense interest to students of Law, of International Relations and of Development Studies.
(source: Nielsen Book Data)9780415661867 20160614
Green Library
Book
1 online resource (369 pages)
Book
59 p. : maps ; 27 cm.
  • Map of Bangladesh
  • Map of BDR Pilkhana Headquarters, Dhaka
  • Summary
  • The Mutiny
  • Abuses Against BDR Suspects
  • Bangladesh's International Law Obligations
  • Key recommendations
  • Methodology
  • I. The Bangladesh Rifles
  • II. The February 25-26 Mutiny
  • Government and Army Investigation Reports
  • III. Abuses Against Suspected Mutineers
  • Torture and Custodial Deaths
  • Case of Mohammad Abdul Rahim
  • Case of Mozammel Hoque
  • Case of Habildar Mohiudin Ahmed
  • Case of Nurul Amin
  • Case of Mohammad Abdul Jalil Sheikh
  • Case of Nasruddin Khan
  • Case of Nulamin Sardar
  • Case of Sepoy Al Masum
  • Case of MA
  • Case of Kamrul Hasan
  • Case of Kaching Marma
  • IV. Due Process and Fair Trials Concerns
  • Case of Manuel de Perise
  • Case of Hasi Gomez
  • Case of Furid Marak Costa
  • Case of Abu Kasim Sigdal
  • Case of Nasmul Hudua Chowdhury
  • Case of Babul Sangma
  • Case of Abul Kasim Majumdar
  • V. Recommendations
  • To the Government of Bangladesh
  • To Donors and Other Influential Members of the International Community
  • Acknowledgements.
This report examines what happened in the aftermath of the February 2009 mutiny by members of the Bangladesh Rifles (BDR) during annual celebrations attended by senior military officials in Dhaka. The report provides a detailed account of the mutiny and documents serious abuses in the aftermath, including torture by security forces of people in custody on suspicion of planning the mutiny, and of ongoing concerns about fair trial violations in mass trials of hundreds of suspects at a time. The notorious Rapid Action Battalion (RAB) has allegedly been involved in many of the abuses.
"On February 25-26, 2009, members of the Bangladesh Rifles (BDR) staged a mutiny against their commanding officers. During this mutiny, some of the BDR mutineers engaged in serious violence, including, allegedly, sexual violence against wives of army officers and others. Over the course of the two days, 74 people were killed and many more were injured. After negotiating an end to the mutiny, the authorities arrested more than 6,000 BDR members from different units around the country, badly mistreating many of them. "The Fear Never Leaves Me" documents the serious abuses that have accompanied the government's response to the mutiny. More than 40 suspected mutineers have died in custody and many more were tortured. Bangladesh's notorious Rapid Action Battalion (RAB) is believed to have perpetrated many of the abuses. While mutineers responsible for crimes should be held accountable, the suspects have been denied fair trial rights, hundreds of them tried at a time in proceedings lacking basic due process guarantees. To date, some 4,000 soldiers have been found guilty in mass trials before military tribunals; 847 soldiers also face charges under the Bangladesh Criminal Code and are being prosecuted in a single mass civilian trial. Some face the death penalty. Most of the accused were summarily arrested without a warrant. Many were detained without charge for several months. Most have been denied proper access to lawyers and have had inadequate or no disclosure of the evidence against them. Human Rights Watch calls for a halt to the prosecutions until the government establishes an independent investigative and prosecutorial task force with sufficient expertise, authority, and resources to rigorously investigate and prosecute crimes committed during the mutiny. All convictions should be reviewed. The government should also investigate all allegations of custodial death and torture and take appropriate action, including against RAB members, to ensure that the government's stated zero-tolerance policy toward extrajudicial killings and torture is finally realized."--P. [4] of cover.
Green Library
Book
xxvii, 345 p. : ill ; 22 cm.
  • Introduction
  • Legal history of juvenile justice system in Bangladesh
  • Legal instruments relating to juvenile justice in Bangladesh
  • Genre and genesis of juvenile delinquency in Bangladesh
  • Institutional set-up in dealing with juvenile delinquency
  • Role of judiciary in facilitating access to juvenile justice
  • Constraints of the juvenile justice system in Bangladesh
  • Concluding analysis.
Law Library (Crown)
Book
xvi, 160 p. ; 22 cm.
  • Law, laws and legal system
  • Historical background
  • Sources of law
  • Basic constitutional law
  • Laws relating to civil courts and civil procedure
  • Some civil laws
  • Personal laws
  • Agrarian and non-agrarian laws
  • Commercial laws
  • Criminal procedure and law
  • Legal education, profession and institution
  • Recent legal developments.
Law Library (Crown)
Book
496 pages ; 23 cm
  • Law, laws and legal system
  • Historical background
  • Sources of law
  • Basic constitutional law
  • Laws relating to civil courts and civil procedure
  • Some civil laws
  • Personal laws
  • Agrarian and non-agrarian laws
  • Commercial laws
  • Criminal procedure and law
  • Legal education, profession and institution
  • Recent legal developments.
Law Library (Crown)
Book
[iv], 109 p. : ill., col. facsims. ; 27 cm.
  • Glossary
  • Summary
  • Key recommendations
  • Methodology
  • I. Women's economic status and the implications of marriage. Overview ; Background on women's economic status ; Marriage and its economic implications
  • II. Laws relating to marriage, divorce, and separation. Personal laws ; Lack of marital property law ; Reform of personal laws
  • III. Impacts of Bangladesh's discriminatory personal laws on married, divorced, and separated women. Domestic violence ; Economic harm
  • IV. The legal obstacle course. Informal mediation or "shalish" ; Courtroom battles
  • V. State assistance to divorced and separated women, and women facing domestic violence. Government women's shelters ; Vagrant homes ; Social assistance programs ; Land distribution programs
  • VI. Bangladesh's obligations under international law. Right to equality during marriage and at its dissolution ; Right to social security
  • VII. Recommendations
  • Acknowledgments
  • Appendix I
  • Appendix II.
"For decades Bangladesh's antiquated personal laws governing marriage, divorce, and separation have discriminated against women and remained frozen in time. The different laws for Muslims, Hindus, and Christians establish greater barriers to divorce for women than men, provide vague guidance on maintenance claims, ignore women's contributions to households, and lack provisions for division of marital property upon divorce. Based on interviews with 120 women who have experienced the shortcomings of Bangladesh's personal laws, as well as the expertise and experience of judges, family court lawyers, women's rights experts, and government officials, 'Will I Get My Dues... Before I Die?' highlights the adverse consequences of these discriminatory laws on women, their dependents, and their ability to enjoy basic rights. The report documents the difficulties of enforcing even the limited maintenance or alimony awards women might get in family courts. The discriminatory family laws, which are incompatible with international human rights law, contribute to the impoverishment of many women at the time of marital breakdown. The United Nations country team in Bangladesh has identified 'marital instability' as a key cause of poverty among female-headed households and the Bangladesh Planning Commission has said that women are more susceptible to poverty after abandonment or divorce. The laws also exacerbate other rights violations such as domestic violence, as well as ill-health, food insecurity, and lack of secure housing. The Bangladesh government has taken small but concrete steps toward law reform recently. This report highlights the demands of women's rights groups in Bangladesh for law reform and calls on the government to forge ahead with reforms, amend family court procedures, and improve social assistance programs to meet the profound needs of many divorced and separated women"--P. [4] of cover.
"This 109-page report documents how the country's discriminatory and archaic personal laws impoverish many women at separation or divorce, and trap some women in violent marriages because they fear destitution. Current laws deprive women of an equal right to marital property. The limited entitlements these laws offer women are poorly enforced by family courts and local government arbitration councils. Female-headed households and women facing domestic violence struggle to access critical state support and social assistance. Together, these problems mean there is scant economic protection or security for women when marriages break down"--Publisher's description.
Green Library
Book
xli, 348 p. ; 22 cm.
This book critically examines the evolving global trend of judicial activism with particular reference to Bangladesh. It constructs judicial activism as a golden-mean adjudicative technology, standing between excessive judicial assertion and unacceptable judicial passivity that may leave injustices un-redressed. It argues that judicial balancing between over-activism and meek administration of justice should essentially be predicated upon domestic conditions, and the needs and fundamental public values of the judges' respective society. Providing cross-jurisdictional empirical evidence, this study demonstrates that judicial activism, steered towards improving justice and grounded in one's societal specificities, can be exercised in a morally and legally legitimate form and without rupturing the balance of powers among the state organs. This study has sought to displace the myth of judicial activism as constitutional transgression by 'unelected' judges, arguing that judicial activism is quite different from excessivism. It is argued and shown that a particular judge or judiciary turns out to be activist when other public functionaries avoid or breach their constitutional responsibilities and thus generate injustice and inequality. The study treats judicial activism as the conscientious exposition of constitutional norms and enforcement of public duties of those in positions of power. This study assesses whether Bangladeshi judges have been striking the correct balance between over-activism and injudicious passivity. Broadly, the present book reveals judicial under-activism in Bangladesh and offers insights into causes for this. It is argued that the existing milieu of socio-political injustices and over-balance of constitutional powers in Bangladesh calls for increased judicial intervention and guidance, of course in a balanced and pragmatic manner, which is critical for good governance and social justice.
(source: Nielsen Book Data)9781443827331 20160606
Green Library
Book
206 p. : ill. ; 22 cm
Critical articles on the 15th amendment to constitution of Bangladesh.
SAL3 (off-campus storage)
Book
78 p. ; 22 cm.
  • Opinion of International Bar Association, War Crimes Committee
  • The Daily Star report on the Act
  • The Daily Star feature on the Act
  • Bangladesh's International Crimes (Tribunal) Act 1973.
Law Library (Crown)
Book
xi, 313 p. ; 26 cm.
Contributed papers chiefly with reference to Bangladesh; papers invited for Human Rights Summer School in 2009.
Law Library (Crown)
Book
355 p. : ill. ; 22 cm.
Law Library (Crown)
Book
2 v. ; 26 cm.
With reference to Bangladesh.
Law Library (Crown)
Book
231 p. : ill. ; 24 cm.
SAL3 (off-campus storage)
Book
x, 240 p. ; 23 cm.
SAL3 (off-campus storage)