Criminal Law Rape Law Departure from ‘Penile-Vaginal’ Penetration: Redefining Penetration as a Constituent of Rape Rape is a crime of violence, not sex. It is a heinous crime against a person’s dignity. Justice Krishna Iyer in the case of Rafiq v the State of UP said that the murderer kills the body of a victim but the rapist kills the soul. The first codified law regarding rape and its punishment […] Written by Soeb Aktar June 21, 2022June 21, 2022
Criminal Law Right to Leave Travel Ban Travel Ban on the Accused: The Current Legal Regime in Bangladesh Every citizen of Bangladesh has the right to leave and re-enter the country as guaranteed by Article 36 of the Constitution of the People’s Republic of Bangladesh (Constitution). Minimum curtailment of this fundamental right except as provided by law will be a violation of the constitutional mandate. As an accused person is presumed innocent until […] Written by Shah Maruf March 15, 2022March 15, 2022
Criminal Law Law on Bail Conditional Bail: A Common but Illegal Practice Needs to be Legalized Bail has been established as a method for an accused person to be released from public custody and placed in private custody. However, for many years, courts have granted bail to the accused with an additional burden of restriction, and bail that is accompanied by such restriction or condition is referred to as conditional bail. […] Written by Sazzad Ali Sakib and Arman Hossain February 5, 2022February 5, 2022
Restorative Justice Restorative Justice to Address the Causes and Consequences of Sexual Harassment: Bangladesh Context Traditional criminal justice system observes crime as a violation of law and the central focus of this system is to punish offenders. However, certain crimes are not only against the law, but also against individuals and interpersonal relationships, and in order to handle such crimes, social, psychological, and relational injuries must be recognized alongside material […] Written by Mahmuda Amir Eva and Jarin Tasnim Urbi November 2, 2021November 2, 2021
Law of Nationality The Question of Rights of a Child of Unknown Nationality and Obligations of Netherlands under ICCPR The United Nations Human Rights Committee (Committee) in Zhao v the Netherlands ruled that Netherlands violated a child’s right to nationality by not acknowledging Denny Zhao, a child born in the Netherlands but registered with an unknown nationality in the Dutch Civil registry of Utrecht. The registry not only denied him the Dutch nationality but […] Written by Sarthak Gupta October 12, 2021October 12, 2021
Human Rights Law Marxism On the Marxist Idea of Human Rights ‘[Human rights are] simply the rights of a member of civil society, ie egoistic man, man separated from other men and the community… [Thus] none of the so-called rights of man goes beyond egoistic man, man as he is in civil society, namely, an individual withdrawn behind his private interests and whims and separated from […] Written by Emraan Azad August 9, 2021October 1, 2021
International Trade Law India’s Escapade with the Regional Comprehensive Economic Partnership The world’s largest Free Trade agreement that includes nearly 30% of the world’s population and GDP was signed on 15 November 2020. The Regional Comprehensive Economic Partnership (RCEP) includes ten ASEAN Countries, Australia, China, and New Zealand. The new regulatory system will take effect in 2022, with tariffs returning to 2014 rates. This agreement was […] Written by Nandini Shenai July 13, 2021October 2, 2021
Right to Abortion Right of Abortion under Attack in Poland: Analysis in Light of a Recent Court Decision A Judgment by the Polish Constitutional Tribunal (CT) dated 22 October 2020 (ref. K1/20) marked the dark day for Polish women and their reproductive rights as it banned abortions in case of fetal abnormalities. Abortion laws in Poland are codified in The Family Planning, Human Embryo Protection and Conditions of Permissibility of Abortion Act, 1993 […] Written by Aditya Manubarwala and Bhavyata Kapoor May 21, 2021October 2, 2021
Customary Law The Role of Traditional Laws of Indigenous People of the Chittagong Hill Tracts in the Context of Bangladesh Customary law plays an important role in many indigenous communities. In Bangladesh, there are many indigenous groups who are practicing their own customary laws since generations. They have their own customs and rituals which regulate their social disputes. During the drafting of the constitution, Shri Manabendra Narayan Larma, a member of the constituent assembly, demanded […] Written by Parban Chakma December 14, 2020October 2, 2021
Criminal Law Uncategorized Establishing Consensual Sex as Rape Retrospectively upon Breach of the Promise to Marry: Laws and Practice Nowadays, a highly pertinent issue regarding the definition of rape is frequently being discussed. From a general viewpoint, a man who has sexual intercourse with a woman without her consent is said to commit rape. However, a consensual sex shall also be regarded as rape if the consent given by the woman is obtained by […] Written by Sazzad Ali Sakib November 5, 2020September 30, 2021
How to Write an LLM Thesis The journey of writing a thesis can feel both daunting and fulfilling. It certainly was an overwhelming experience for me when I wrote my LLM thesis last year. Like many of you, I faced the blank page, the tangled thoughts, and the pressure to produce something meaningful within a limited time. This article aims to […] Written by Sadika Nousheen July 27, 2025July 27, 2025
How to Read a Judgement Reading judgments is nothing less than art, and the beauty is in the details. It takes much time and effort to navigate and comprehend the complicated passages. It is essential to know the constituents of a judgment to read it effectively. Generally, you will find the name of the court, the names of the judges […] Written by Sadika Nousheen February 2, 2024February 2, 2024
How to Cite Authorities in Bluebook Bluebook is a well-known definitive style guide for legal citations, which is widely used in the legal world, especially in the United States. Academicians, students, practitioners, and legal researchers use it in their regular professional work. Unlike any other citation style guide, the bluebook is more comprehensive to use. So, it is our little endeavor […] Written by Omar Faruque Talukder January 21, 2023January 21, 2023
From the Court Corridor: October 2023 This edition of ‘From the Court Corridor’ curates the notable pronouncements of the Appellate Division (AD) and the High Court Division (HCD) of the Supreme Court (SC) of Bangladesh in October 2023. HCD orders to follow guidelines at hospitals to prevent unnecessary Cesarean Sections (CS) On 12 October 2023, the HCD directed the government to […] Written by Nazia Zarin Orna April 3, 2024April 3, 2024
From the Court Corridor: September 2023 This edition of ‘From the Court Corridor’ curates the notable pronouncements of the Appellate Division (AD) and the High Court Division (HCD) of the Supreme Court (SC) of Bangladesh in September 2023. AD issued a written order prohibiting rallies on court premises Earlier on 29 August 2023, in response to a conference and rally held […] Written by Meherin Sultana Mim April 3, 2024April 3, 2024
From the Court Corridor: August 2023 This edition of ‘From the Court Corridor’ curates the notable pronouncements of the Appellate Division (AD) and the High Court Division (HCD) of the Supreme Court (SC) of Bangladesh in August 2023. No order directing surrender of the accused before the lower Court in case of anticipatory bail On 27 August 2023, a four-member bench […] Written by Tasmim Jahan Neeha March 9, 2024March 9, 2024
Towards a Bangladesh Model BIT: The Chevron Dues and the Case for Reform In April 2025, Bangladesh’s state-owned gas company Petrobangla cleared all of Chevron’s outstanding gas bills from previous years. Within days of this payment, Petrobangla formally urged Chevron to resume work on the stalled $65 million Jalalabad compressor project. Petrobangla Chairman told the press, ‘…we have already cleared all outstanding arrear payments of Chevron Bangladesh.’ Chevron […] Written by Forhad Ahmed September 22, 2025September 22, 2025
The 15th Amendment Case before the High Court Division: An Analytical Perspective Background On 17 December 2024, the High Court Division (HCD) of the Supreme Court of Bangladesh (SCOB) delivered a historic judgment regarding the Constitution (Fifteenth Amendment) Act, 2011 (Act No. XIV of 2011). The 15th Amendment removed the Non-Party Caretaker Government (NPCG) system for conducting general elections and made numerous other constitutional changes. This write-up […] Written by Nishat Tasnim Hridi September 19, 2025September 19, 2025
Unravelling the Review Petition Judgment of the 16th Amendment Case Introduction On 20 October 2024, the Appellate Division (AD) of the Supreme Court of Bangladesh (SCOB) delivered the judgment of the civil review petition challenging the decision of the AD in the 16th amendment appeal case. While the review judgment primarily deals with the question of explicitly restoring Article 96(8), it also examines several other […] Written by Mohammad Foysal August 23, 2025September 22, 2025
FROM THE COURT CORRIDOR: MARCH 2024 This edition of ‘From the Court Corridor’ curates the notable pronouncements of the High Court Division (HCD) and the Appellate Division (AD) of the Supreme Court (SC) of Bangladesh in March 2024. AD stayed HCD’s order: primary and secondary schools will remain open during Ramadan On 8 February, when the government amended the holiday list […] Written by Meherin Sultana Mim August 2, 2025August 2, 2025