http://rulrepository.ru.ac.bd/handle/123456789/376 2026-04-07T23:11:51Z 2026-04-07T23:11:51Z Nurul, Abantee http://rulrepository.ru.ac.bd/handle/123456789/1119 2023-08-30T07:32:56Z 2020-01-01T00:00:00Z

Development and Application of Public Interest Litigation (Pil): Bangladesh Perspective Nurul, Abantee This thesis is about the development and application of Public Interest Litigation (PIL) in Bangladesh from a constitutional perspective. To establish a democratic society free from exploitation guaranteeing the fundamental rights to be enforced is our constitutional commitment. This thesis analyses how PIL become an important component and effective part and process of the Bangladeshi legal system to establish rule of law and ensure access to justice, legal remedies and protection of basic human and fundamental rights and thus become a magnificent instrument to fulfil our constitutional commitment. In Bangladesh, PIL has been initiated in 1974 with Barubari case. But this initiation got a severe blow in martial law regimes in 1975 and 1982. After the brutal assassination of the Father of the Nation Bangabandhu Sheikh Mujibur Rahaman and his family members on 15th August 1975, the constitution was mostly suspended till 1986 and the judiciary could not act properly. But after the martial law regimes and the fall of autocracy in 1990, the development of PIL got acceleration. The Supreme Court began to reinterpret the Constitution in favour of PIL and gradually the concept of PIL started to take a shape. The judiciary with its extraordinary and mindful interpretation of PIL jurisprudence and the public-spirited citizens and the right based organizations with their tremendous and outstanding effort established the collective justice principle of the constitution which not only inspires but mandates a PTL approach. This thesis also discusses the concept and development of PILs in another foreign jurisdiction such as USA, UK, India and Pakistan. However, this thesis explores the application of PIL in Bangladesh. It analyses that how PIL has been applied in various cases of the violation of fundamental rights of the citizens or against the action or inaction of the government to perform its legal and statutory duties to protect and ensure citizen's constitutional and human rights. or in cases of abuse of power by the executive. This study also focuses on judicial interventions made through PILs into those matters where the administrative action caused discrepancy with the constitution. This thesis also analyses the application of PIL in shaping the institutions and policies of the government. The instant thesis also analyses the role of the judiciary and the NOGs in developing and applying PIL in Bangladesh. It also analyses the problems the PIL is facing in Bangladesh. It is found that the progress or the condition of implementation of judgments of PIL is not satisfactory in Bangladesh. Since the implementation of judgments and rulings of the PlL cases are largely depends upon the government machineries, it is really very difficult for PIL to proceed with the implementation of the same, if the government is deliberately unwilling to its implementation. Besides, the deep-rooted culture of impunity, fluctuation of Benches, over burden of court and its inability in monitoring, elitist nature of PIL, limitation of information etc. create serious impediment to get the best result of PIL. This thesis also analyses some ways which could mitigate the problems PIL faces in Bangladesh. This Thesis is Submitted to the Department of Law, University of Rajshahi, Rajshahi, Bangladesh for The Degree of Master of Philosophy (MPhil)

2020-01-01T00:00:00Z Kabir, Md. Kkramul http://rulrepository.ru.ac.bd/handle/123456789/379 2022-05-09T14:18:20Z 2015-01-01T00:00:00Z

Enforcement of International Human Rights Law in the Domestic Courts with Special Reference to the United Nations Convention against Torture: The case of Bangladesh. Kabir, Md. Kkramul This study seeks to find out the present practice of the Bangladesh regarding international human rights laws. The approach of the judicial organs of the country for international human rights norm and standard has been realized by the research. Because it is the purpose of the study to show the gap between the international and national standard of the human rights norms by discussing the situation of Bangladesh. To reach near the international standard the journey of a legal system need to go through huge review and discussion work. Comparative and fact finding study like this work has tried to make clear the legal situation and provided suggestion of the problem. The entire research work will try to meet the objectives of the study by considering the international legal instruments. To highlight the issues the whole research work has been divided into SEVEN chapters and each of the chapters contains the details of the subject discussed thereunder. The Frist Chapter is the introductory chapter which discussed the introductory matters to the study. The present literature survey has done here. The methodology, background, scope and limitation of the study are here. The objectives and justification is the chapter. The Second Chapter provides the definition of the torture with the references to the international legal instruments. There are interpretations of the articles of the convention in accordance with the international human rights standard is here. The regional and international monitoring mechanism to prevent torture and discussion about the various bodies who work for prevention of torture is in this chapter. The Third Chapter shows the legislative history of the UNCAT with the history of state practice of torture. The existing regional and international instrument to combat torture and the short history of the legislation of the torture related laws are here. The fourth Chapter discussed the present situation of the Bangladesh regarding torture by the law enforcement agencies. By referring the daily newspaper news and articles and with the reference of the national and international NGOs the chapter tried to provide the state of act regarding torture in Bangladesh. The Fifth Chapter focuses on the present legal stands and judicial practice of Bangladesh regarding international human rights instruments. The observations of the higher judiciary to the international law, to the custodial torture and violence are discussed here. The duties of the judges and the prosecutors to prevent and combat torture are discussed here. The Sixth Chapter tried to find out in a very short extend by interviewing the accused persons, police officials, prosecutors and judges, the field and direct knowledge about state of torture practiced in Bangladesh. The Seventh Chapter draws the general conclusion of the entire research work and provides some recommendation to combat torture for the every organs of the countries system. The suggestions made here is the essence of the legal provisions of the national legislature and landmark decisions of the apex court of the land. Every chapter tries to keep focus on the topic got for research and tried to provide guidelines to combat against torture. Peace and human rights are linked. This pursuit and preservation of peace and the security of humankind, the first stated purpose of the United Nations, necessitate the protection and implementation of human rights, without which human rights cannot be effectively achieved. This thesis is Submitted to the Department of Law, University of Rajshahi, Rajshahi, Bangladesh for the Degree of Master of Philosophy (MPhil)

2015-01-01T00:00:00Z