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How far the Biological Diversity Act 2017 complies with international obligations?
Law & Our Rights

How far the Biological Diversity Act 2017 complies with international obligations?

Access under the Convention on Biological Diversity (CBD) is meant to be of biological or genetic resources, and benefit-sharing refers to the benefits that might ensue from the use of genetic resources or associated traditional knowledge (TK).

Combating intolerance
Law & Our Rights

Combating intolerance

Tolerance recognises the universal human rights and fundamental freedoms of others, irrespective of their differences.

  • The outcome of any UPR or treaty body review should be placed before the parliament for deliberation and policy guidance

    UPR may be described as an interactive dialogue about human rights situation between the state under review and other UN Member States. It entails immense importance in the present context. For instance, although it is said that human rights are universal, in practice states have a tendency to view their respective human rights situations as domestic matters.

  • Is there a human right to water?

    Although water is an essential element for human survival, access to water was not recognised as a human right when most fundamental rights were adopted under the International Bill of Human Rights. The reason behind this might be that none had predicted that a time would come when water would become insufficient for the masses.

  • Institutional barriers in accessing civil justice system

    Goal 16 of the SDGs pledges ‘ensuring access to justice for all’ as a target to be achieved. The term ‘all’ signifies everyone irrespective of their race, sex, color, language, religion, wealth, etc. In this article, I will not take a holistic approach to access to justice, but attempt to explore the likely institutional barriers that cause obstacles for the poverty ridden people in starting judicial proceedings before any civil court.

  • The chronicle of gambling law: A legal analysis

    Of so many queries that the recent drive against the casino by the law enforcing agencies put before the citizen of the courtly, one that comes out on top and perplexes us the most is – ‘are running and playing casino legal in Bangladesh?’.

  • Strengthening the National River Conservation Commission of Bangladesh

    Recently, in a ground-breaking and precedent setting judgment, the High Court Division (HCD) of the Supreme Court of Bangladesh declared that the river Turag and all other rivers flowing throughout the country are ‘living entities’ with legal personalities.

  • Can intoxication be a defence in murder? Not always

    One of the general exceptions provided in the Penal Code 1860 goes on to exempt persons who happen to be incapable of judgment by reason of intoxication caused against his will.

  • An Overview of the Animal Welfare Act 2019

    The Parliament of Bangladesh enacted the new Animal Welfare Act of 2019 earlier this year, replacing the century-old Cruelty to Animals Act of 1920.

  • Introduction of separation of powers and checks and balances in the UK?

    The recent Parliament Prorogation Case in the United Kingdom has generated a lot of curiosity across the globe.

  • Marry-your-rapist phenomena and legal realities

    The Parliament of Bangladesh passed the Child Marriage Restraint Act 2017 with a special provision allowing a boy or a girl to get married before reaching the statutory age in some exceptional cases.

  • Crimes against women and the issue of justice

    Under the Prevention of Oppression against Women and Children (Special Provisions) Act 1995 which is now an obsolete law, the special tribunal was established across the country.

  • The ‘Eastminster’ Parliament of Ours

    Westminster parliamentary system is both a political heritage and a concept. Jurisdictions featuring the Westminster model around the world got it either as a matter of ‘implanted’ colonial legacy (South Asia, for example) or as a system ‘transplanted’ by the settlers of British ancestry (Australia, for example).

  • Reprisals against victims and activists on the rise

    More instances of intimidation and reprisals against victims, members of civil society and activists have been recorded by the UN Human Rights Office, depicting a global rise in such violations. A full report was presented last week before the Human Rights Council, which reprted such instances in 48 countries across the globe, including Bangladesh.

  • The prisoners do have rights

    On 17 September 2019, a special report by The Daily Star revealed the deplorable condition of our prisoners across the country.

  • What do our laws say about gambling?

    Gambling encompasses various concepts like wagering, betting, gaming etc. in different jurisdictions, but it essentially refers to a transaction of staking money or something of value on an event whose outcome is not within the control of the person. The predominant moral values of Bangladesh (which may or may not be rooted in religious perceptions) disapprove of gambling activities and the same is reflected in its laws.

  • Sexual offences against women: looking beyond the statutes

    The society of Bangladesh has been particularly unsafe for women because of the rising rate of crimes against women in all spheres. According to Ain o Salish Kendro, 128 women were raped, 12 were killed after being raped, 26 were attempted to be raped and 2

  • Legal Aid and the cross-cutting goals of SDGs

    The entire concept of Sustainable Development Goals is dedicated to the promotion of peaceful and inclusive societies for sustainable development. And legal aid aspires to help and indeed possesses the inherent knack to help SDGs get realised. SDGs are generally

  • Copyright protection for healthy meme culture

    The term ‘meme’ is self-explanatory. They are mostly seen as photos, Gifs (Graphics Interchange Format), illustrations, videos or movie excerpts with humorous texts. Memes can also be termed as virally transmitted cultural symbols and social ideas. Whether

  • Climate action for peace

    The International Day of Peace was established in 1981 by the United Nations General Assembly. Each year, the International Day of Peace is observed around the world on 21 September.

  • Seeing the archaeological sites through the lens of law

    Law Students of Bangladesh Army International University of Science and Technology (BAIUST) have recently visited the Archaeological sites of Cumilla (Maynamati-Lalmai Group of Monuments).

  • The myth of tough punishments and crime prevention

    It has been somewhat fashionable in our country to demand tough punishments as a prevention tool for crimes that society abhors. In view of the apparently increasing rate of rape, some observers have demanded capital punishment for perpetrators of rape. Even

  • 9th Inter-Year Moot Court Competition by DUMCS

    Dhaka University Moot Court Society (DUMCS) has been continuously striving to foster mooting culture in Bangladesh. The pioneer organisation has recently organised the 9th Inter Year Moot Court Competition, held from 29th August 2019 to 1st September 2019.

  • Influence of colonialism in criminal sentencing

    Professor Werner F. Menski, in the foreword of the book “Criminal Sentencing in Bangladesh: From Colonial Legacies to Modernity”, describes it as a “splendid book” which is a “highly significant contribution to the ongoing global debates.” Although Professor Menski

  • The socio-economic implication of the Rohingya crisis

    Bangladesh is hosting to nearly a million Rohingyas that fled Myanmar from fear of military persecution. The country, which already grapples with social and economic constraints and is also densely populated has received international praise for its efforts, but the

  • Dualism is to everyone’s loss

    To be a successful criminal (No! I am not opening a school), besides having 10 SIM cards (legally allowed for each operator), an oily body to slip away if caught, a foul mouth, an arsenal of weapons, and liaison with uniformed ostads and informed murubbis, one must

  • Maze of belief-disbelief: Corroboration in rape cases

    Corroboration rule in rape cases has mostly evolved in the sub-continent including in Bangladesh as a rule of prudence as opposed to one of law. It implies that the solitary evidence of the alleged victim cannot be accepted as sufficient, rather it requires corroboration

  • Making a city habitable and safe

    Dhaka, continues to be ranked one of the least livable cities in the world. (The Daily Star, August 30, 2019). The city fared poorly on digital security, health security, infrastructure security and personal security indicators, according to Economist Intelligence Unit (EIU).

  • The legality of artificial intelligence weapons

    There is no legal definition regarding artificial intelligence (AI) weapons, no treaties and national legislation define such autonomous weapons system (AWS). In 2013 the US Department of Defense’s (DoD) defined AWS which is the most cited definition till date. The

  • Concerns on the use of polythene

    Every year, nearly 8 million tons of plastic is dumped into the oceans and with that status quo it has been estimated that, there will be more plastic than fish by 2050. It is worthy to mention that in 2002 Bangladesh became the first country in the world to ban thinner

  • Gender in Bangabandhu’s Regime

    There were four governments under the leadership of Bangabandhu Sheikh Mujibur Rahman, the father of the nation. Gender took different dimensions but did not undergo significant changes during the period. For example, the need for gender equality in politics

  • Adoption of UN resolution concerning religion-based violence

    Religion-based violence is a cause for grave concern across the world. From the conflicts between Sunni and Shia Muslims to the persecution of Muslim Rohingyas in Myanmar and violent mass shootings in places of worship, international harmony is plagued by the