http://rulrepository.ru.ac.bd/handle/123456789/97 2026-04-07T21:46:25Z http://rulrepository.ru.ac.bd/handle/123456789/545 Interpretation and Protection of Human Rights in Modern Perspective With Special Reference to Criminal Justice in Bangladesh Faiz-Ud-Din, Muiiammad The horrors of the two World Wars in less than two and half decades shocked the very conscience of humanity and compelled the wisdom of the age to rethink seriously for the propagation and protection of human rights. This resulted into the establishment of the United Nations with the aim of providing and promoting rights of all men, women and children all over the world. It is also the concern of the democratic states to safeguard the fundamental human rights of the people. As a result, a series of declarations, conventions and covenants regarding protection of human rights have been and are being adopted by the United Nations and States Parties are implementing the provisions of those instruments with a view to protecting the rights of the people. There are international and national laws to help the people to protect and promote their rights. In case of infringement of their rights, the victims may have the right to regain their lost rights through national or international courts. The states are duty bound to protect peoples' human rights. But inspite of that, human rights are being violated throughout the world including Bangladesh. This thesis examines the provisions of the international instruments on human rights which have been ratified by Bangladesh including the International Bill of Human Rights. It also examines the provisions of Constitution of Bangladesh relating to fundamental rights and their implementation. It analyses the misuse of powers by misapplication of law by the executives in Bangladesh. It identifies the laws which are contrary to human rights and suggests the government to amend those laws. It also proposes to the government to take proper and immediate measures for separation of powers. The thesis further evaluates the role of Police of Bangladesh who sometimes indulge in violation of rights instead of protection of the rights of the people. The study finds out the causes and suggests necessary measures against such violation In Bangladesh women and children very often become the victims of violations of human rights, though there are law like Prevention of Repression against Women and Children Act 2000. This thesis tries to identify the nature and causes of violation against women and children through case studies. A survey has been conducted in some selected factories and the survey reveals that in garment factories women are the victims of discrimination as regards salary. This thesis suggests proposal for elimination of discrimination against women and girls workers. The thesis recognizes the active role of the human rights NGOs which are providing relentless and selfless service to the victims of violation of human rights. It evaluates the activities of some selected NGOs and assesses their contributions which include legal, financial, rehabilitational, counseling, arbitration and medical assistance. The study reveals that NGOs are rendering laudable service, which is possible due to cooperation and non -interference of the government. In the non­existence of such NGOs in Bangladesh, protection of human rights would not be possible. At the last chapter, the thesis suggests recommendations so that the victims are not deprived of receiving criminal justice. This thesis is Submitted to the Department of Law, University of Rajshahi, Rajshahi, Bangladesh for The Degree of Doctor of Philosophy (PhD) 2005-01-01T00:00:00Z http://rulrepository.ru.ac.bd/handle/123456789/544 Human Rights of the Accused under International Law and Municipal Law: A Case Study in Bangladesh (1990-2000) Hannan, Mohammad Abdul Every criminal justice system has the obligation to protect human rights of the accused, because an accused is treated as innocent before conviction under the provision of law. The right to life, liberty and fair trial are the fundamental human rights of the accused. There is a genuine link between peace and human rights. 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. Infringement of the fundamental human rights to life, liberty, personal security and physical integrity affect individual rights as well as it has a negative impact on the equality of life. These infringements are a product of both state parties and politics involving national criminal processes when carried out under the colour of law by public officials. The topic 'human rights of the accused' is of universal concern that cuts across major legal and political boundaries. However, this study seeks to correlate internationally and nationally protected human rights, which are applicable in the criminal process. Human rights and constitutional guarantees of the accused; rights of arrested and detained persons with reference to the state of preventive detention under the Special Powers Act, 1974 and the role of police in Bangladesh; right to reasonable investigation, questioning, search and seizure; the right to a fair trial and the rights of prisoners in Bangladesh are set forth in details in this study and a comparison is made basically with the provisions in the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (JCCPR). Admittedly, this study is unique because it makes a comparison of international law and national criminal justice system. A comparison of the criminal jurisprudential philosophy in both international law and laws of Bangladesh should em1ble readers to distinguish the direction of human rights strategy being followed in both administration of criminal justice. The study has been divided into SEVEN chapters and each of the chapters has further been divided into sections and sub-sections. Chapter 1 is introductory with description of the crime situation prevailing in Bangladesh. This chapter outlines the aims and methods of the study. It discusses the scope and limits of the study, the objectives of the study, the research methodology and the review of literature; chapter 2 provides the constitutional guarantees of the accused. This chapter identifies the links between human rights and the constitutional guarantees. In this chapter, endeavours have been made to disclose how far the basic human rights of an accused as guaranteed in Bangladesh are implemented at􀁓d how far the accused are enjoying their rights as free citizens; chapter 3 focuses on the rights of arrested and detained persons with special reference to the state of preventive detention under the Special Powers Act (SPA), 1974 and the role of police in Bangladesh. It highlights the role of police as the main Law Enforcing Agency (LEA) in the protection of human rights in Bangladesh; chapter 4 deals with the rights that accrue to the accused while he/she is being subjected to investigation, questioning, search and seizure; chapter 5 deals with the right to a fair trial and rights of prisoners in Bangladesh. This chapter highlights the rights available to the accused at the under-trial stage and also discusses the prisoners' rights including the jail situation in Bangladesh; chapter 6 attempts to elucidate the meaning of arrest and shows the state of human rights in Bangladesh; and chapter 7 presents a general conclusion including the findings and recommendations for promotion and protection of human rights of the accused. Every chapter specially deals with issues relating to the human rights of the women accused. It clarifies what types of rights the women accused are entitled to. The objective of this section is to ponder over those rights guaranteed to a woman accused in criminal justice………………….. This thesis is Submitted to the Department of Law , University of Rajshahi, Rajshahi, Bangladesh for The Degree of Doctor of Philosophy (PhD) 2005-01-01T00:00:00Z http://rulrepository.ru.ac.bd/handle/123456789/479 Role of Bangladesh Legal Aid and Services Trust (BLAST) in Protecting Human Rights in Bangladesh Prodhan, Md. Hashibul Alam A dignified human life has been the main objective of human rights standard. After the Second World War, human rights started to be known as a major category of rights in the field of human activism and it has become a principal tool in achieving individual freedom of citizens of all countries. The creation of Bangladesh as an independent state in 1971 was the result of a fight against economic and political exploitation and atrocious torture and violation of human rights in different ways by the then Pakistan Government. Unfortunately, even after passing 38 years of our independence, majority people are still living in horrible condition for the violation of their human rights in many ways. Instead of protecting human rights of its citizens, the Government itself has been violating these for its own purpose. For decades, Bangladesh's security forces have been disreputable for their frequent use of torture, and they are responsible for scores of extrajudicial executions. Security forces, especially Rapid Action Battalian (RAB), have committed a large number of extrajudicial killings. In reality, the successive governments have failed or have been unwilling to address these problems, and the police, military and various official paramilitary forces enjoy almost complete impunity in this regard. Though our Constitution prohibits torture and cruelty, inhuman or degrading punishment, the police is routinely employing physical and psychological torture and resorting to degrading treatment during arrests and interrogations. The Government arrests and detains persons arbitrarily on mere suspicion, and uses the Special Powers Act (SPA), 1974 for preventive detention and Section 54 of the Code of Criminal Procedure (CrPC), 1898 to arrest anyone without a warrant. Women, children, workers, members of minority groups, and persons with disabilities often face societal discrimination and economic disadvantages and are becoming victims of human rights violation. Domestic violence, violence and discrimination against women are happening frequently. Women are almost regular victims of rape and torture in numerous ways. Prison conditions are unspeakably poor resulting in some custodial deaths. Juveniles are detained and kept with adult prisoners due to lack of facilities in gross violations of our constitution. The poor, the marginalized population with the survival economic condition and the victims of human rights violation have no access to courts due to their financial constraints and lack of knowledge about their fundamental rights and the legal process for their enforcement. Under these circumstances, many NGOs and community-based organizations have been working in protecting human rights for vulnerable segment and oppressed people in our society through legal aid, prevention efforts, research, data collection, documentation, advocacy, awareness creation and networking, legal enforcement, and legislative reforms. As a prominent human rights NGO, BLAST has made its mission and vision on the prime principle of the administration of justice so that every deprived person, irrespective of his /her socio-economic status, may have equal access to justice. BLAST provides legal assistance to the people who are excluded from justice, due to their resource constraints and inability to resist the complex and expensive legal procedure, through Mediation, Legal Awareness Training, Investigation, PIL (Public Interest Litigation), Advocacy, Networking and Legislative reform activities. Through its effective and successful achievements over the years, BLAST has become the popular and largest legal aid and human rights NGO in Bangladesh. Being inspired by BLAST's activities, many other human rights NGOs have been incorporated with provisions for legal aid in their activities. In this thesis, the activities of BLAST and its role in protecting human rights in Bangladesh have been thoroughly discussed. It has been shown how BLAST is influencing and helping government and other NGOs to come forward to protect human rights. The legal aid program of the government of Bangladesh has been discussed, the limitations and loopholes the Legal Aid Services Act, 2000, have been critically examined, and some recommendations have also been made in the thesis. For this purpose, the thesis has been divided into eight chapters. This thesis is Submitted to the Department of Law, University of Rajshahi, Rajshahi, Bangladesh for The Degree of Doctor of Philosophy (PhD) 2009-01-01T00:00:00Z http://rulrepository.ru.ac.bd/handle/123456789/421 Constitutional Changes and Politics: Bangladesh Perspective Islam, Md. Morshedul This dissertation is intended to reveal the stimulus desire of the governments which led them to bring amendments and changes to the constitution. This research paper is divided into six chapters. Each chapter contains different subject matter. Chapter one describes the statement of the problem, methods of change of the constitution. It also tries to find out the spirit of the liberation war. Not only that, it focuses on the constitutional making process. Chapter Two explores the legal changes/amendments which the civilian governments brought to make the constitution yes man to the party in power in the name of people's benefit. Third Chapter concentrates on the legal changes/ amendments brought under military regime. Here military governments were found to make the constitution people oriented by MLP and constitutional amendments. In Chapter Four researcher intends to show the real moto of the incumbent governments behind such amendments and changes. It draws different events and conditions which might have influenced over these amendments and changes. In this chapter, incumbent governments and in one case opposition parties were found to be directed by dirty politics. On the other hand Chapter Five exposes the sound politics of the military ruler which made them distinct in character from the civilian government. Not only that the role of military governments in constitutional changes was found very significant in upholding the feelings of common people. Concluding Chapter depicts the substance of overall dissertation. It points out the participation of people in constitutional changes. Whether public interest has been served or not that is also mentioned here. Trend of constitutional changes is also put down in this Chapter. It contains some suggestions and research titles for further work with. This thesis is Submitted to the Department of Law, University of Rajshahi, Rajshahi, Bangladesh for The Degree of Doctor of Philosophy (PhD) 2012-01-01T00:00:00Z