Home » Law and Ethics » “Law is the minimum legal obligation that we need to follow. We should design law is such a way so that we can implement ethics and human rights is every aspects of our life.”

“Law is the minimum legal obligation that we need to follow. We should design law is such a way so that we can implement ethics and human rights is every aspects of our life.”

“Law is the minimum legal obligation that we need to follow. We should design law is such a way so that we can implement ethics and human rights is every aspects of our life.”

Basically law is a combination of external human rules and minimum legal obligation that we always need to follow. The main says of this concept is that to ensure law in every steps of our life, so we should design law in such away where ethics, rules of law and human rights implemented in every aspects of our life.

Introduction:

Man is a social creature. As a social being human lives in a society. To living in an organized society people have to follow certain common rules, otherwise peaceful living is impossible. And it is the function of the states to enforce these rules.

Description:

Law can be defined by many contradictory ways, depending on one’s political and ideological opinions. Law of Bangladesh is primarily in accordance with the English Legal System although since 1947,the legal scenario and the laws of Bangladesh have drifted far from the West owing to difference in socio and cultural values and religious guidelines.

In generally most of the people of the sovereign always supported the elected system that means the parliamentary system and democracy. And the people of Bangladesh always prefer and expect the democratic government.

The political climate of Bangladesh has-been changing from during the independence from Pakistan in 1971.Bangladesh got the independence from Pakistan to protect and preserve the rights and freedoms of its population which was threat in Pakistan regime. To ensure human rights and freedoms laws play an significant role.

Law is the command of any of the sovereign. An Sovereignty is however only a part of the state, so in ultimate sense, law emanates from the states.

The people of Bangladesh always expect the democratic government which should come into power with due process of constitute after holding a credible election as per as the constitunal mandate not any other way.

Jurisdiction system of Bangladesh:

At the present Bangladesh now is a parliamentary democratic country, with broad-power exercised by the Prime Minister. Thought Bangladesh is a parliamentary democracy country but the systems of judiciary law in some cases do not work independently. Bangladeshi court system is applied by through the Islamic Family Law. The judiciary is organized at two levels, with subordinate court and a Supreme Court with Appellate and High Court Divisons.The jurisdiction and functions of these courts are governed by the Family Courts Act-1985.

In November 2007,Bangladesh has successfully separated the Executive but several black laws still influence the rules is creating Special Tribunals in using several black laws including the special Power Act.

The Appellate Division have jurisdiction to hear and determine appeals from judgment, decrees orders or sentences of the High Court Division.

The Judiciary system relies on a Supreme Court which to deliberate on the laws of Bangladesh. The executive branch recently wielded great control over the Supreme Court and making it free of a political body subjected to posturing and corruption. At the present situation of Bangladesh the necessity of a separate judicial branch to objectively important on laws of land and as a result of widespread corruption elected leaders sought to control this wing of government as well.

According to the constitution of the Peoples’ Republic of Bangladesh, “All citizens are equal before law and are entitled to equal protection of law.”But widespread poverty and illiteracy limits the ability for the constitution to guarantee equal protection of law to all Bangladeshi citizens. Most of the citizens of Bangladesh do not understand the specific meaning of law, without knowing law how can they understood the status of equal before law.

Definition of Law:

The term Law is an ancient concept which has been followed by the ancient period of time. Laws is like a social rules, is in forced by states. The states made law for the welfare of the people and for the society. On the other hand law is the minimum legal obligation. To live secured and peaceful life everyone of the states or society should follow the rules of law, without law no states developed properly. At first we have get the common idea about law.

According to Holland,” Law is a rule of external human action enforced by the sovereign political authority”,

The legal system of a country reflects the rules of society if there is a change of social rules usually there occurs a change of law, basically law and social rules are dependence between vice-versa.

The topic of this paper is “Law is the minimum legal obligation that we need to follow, and we should in such away so that implemented ethics and human rights is every aspects of our life”. That means every day of our life we should follow law in such away where ethics and human rights implemented as a law. We know that law is the minimum legal obligated rules and regulations, but is the ethics and human rights?

Definition of Ethics:

Ethics law typically regulates the moral conduct of people within a society. Business and governments usually must abide by certain ethical parameters or limitations and these are known as ethics laws.

The word “Ethics” generally relates to morality, philosophy, principles or code of conduct considered as moral behavior.

Human Rights:

Human rights are basic rights and freedoms that all people are entitled to regarding of nationality, sex, national or ethnic origin, race, religion, language or other status.

Specific human rights means those rights and freedoms to which all humans are entitled, it include civil and political rights such as the right to life, freedom of social, cultural and economic rights, the rights to food, the rights to work and receive an education.

The Rule of Law:

While the beginning of the 20^th century, some states of the world had come to accept the Rule of Law as the basis of organized society. The concept rule of law has indeed gone long way since and it was first categorically reported by A.V.Dicey.In its classical exposition, the rule of law remains that individual liberties depend on it and to equal legal treatment of all. In the modern age there is not too distinct from its classical expression. In modern sense, the law means supremacy or rule of the law and not” rule by law”.

Fundamental Rights of the people of Bangladesh:

The people of Bangladesh have 23 Fundamental Rights. It approve by the Constitution of Bangladesh. Part –Article 26 to 47(A).The fundamental rights in Bangladesh under below:

1. Laws in consistent with fundamental rights to be void. [Article-26]

2. Equity before law. [Article-27]

3. Discrimination on grounds of religion, etc. [Article-28]

4. Equality of opportunity in public employment. [Article-29]

5. Prohibition of foreign titles, etc. [Article-30]

6. Rights to protection of law. [Article-31]

7. Protection of rights to life and personal liberty. [Article-32]

8. Safeguards as to arrest and detention. [Article-33]

9. Prohibition of forced labor. [Article-34]

10. . Protection in respect of trial and punishment. [Article-35]

11. Freedom of movement. [Article-36]

12. Freedom of Assembly [Article-37]

13. Freedom of Association. [Article-38]

14. Freedoms of thought and conscience and speech. [Article-39]

14. Freedom of thought and conscience and speech. [Article-39]

15. Freedom of profession or occupation. [Article-40]

16. Freedom of religion. [Artiocle-41]

17. Rights of property. [Article-42]

18. Protection of home and correspondence. [Article-43]

19. Enforcement of fundamental rights. [Article-44]

20. Modification of rights irrespective of disciplinary. [Article-45]

21. Power to provide indemnity. [Article-46]

22. Saving for certain law. [Article-47]

23. Inapplicability of certain articles. [Article-47A]

Current Law System:

Above these fundamental rights, most of the rights were covered in American Constitutions and subsequent legal jurisprudence. Although the current laws of Bangladesh mirror the view of western origins, but maintain own states cultural and religious values.

Some laws of Bangladesh included in the 23 fundamental rights such as right to property, protection of rights to life and personal liberty, equality before law and etc.But the present situation of Bangladeshi society cannot claim to be enjoying the benefits of rule of law.If the aim of rule of law established not properly only the states is responsible for that. States judicial law in most of cases does not practice the rules of law.

Independence of Judiciary System:

Independence of judiciary is no doubt a cornerstone of democratic practice all over the world. Though the judicial system of Bangladesh is independent, but practically the judicial law does not practice equally over all the citizens.

The people who were engaged the judiciary branch are not alien. They all are human and individuals whom we should be expect to practice imparality in administering justice without being pressurized by any restriction, influence, inducement, threat.

Judges are played an important role in jurisdiction system. From judges we cannot expect partiality for a number of influential, powerful groups. According to constitution judges are “Impartial Umpire”. More over only impartial judiciaries can guarantees a proper administration of justice to meet the ends of Article 35(3) our constitution.

For an impartial and independence judiciary, the court identified five conditions of judicial independence. These conditions are:

1. Security of tenure

2. Security of salary

3. Institutional independence of subordinate judiciary.

4. Judicial appointments by separate judicial Service Commission, and 5.Administrative independence and financial autonomy of judiciary.

If all these conditions are practically organized and ethics of law can be implemented, then the independence of judiciary is possible at the situation of Bangladesh.

Implemented Ethics and Human Rights as a Law:

Basically ethics is based on values such as personal, professional, social and moral and springs from reasoning and applying these values in every aspect of human life. The law of Bangladesh in most cases is not concern of ethics. Ethics deals with many matters that the law addresses not at all.

Law is a sovereign authority and ethics is a system of principle that guides what should do or not. For the existence of states law is really important and law is the minimum legal obligation that should be followed. If law designed by some ethical rules and manners it will be easier for everyone to obligation law in every aspects of our life. So, ethics is an important system to implemented law.

On the other hand, Human Rights are social and individual rights in every citizen. Human rights are those rights which is basic needs and important for the existence of human life. There are many people who were not concern about the human rights and the government continued to commit humorous serious abuses.

The law system of Bangladesh does not give the security and protection in every human beings and the law do not properly used at the sector which is related by human rights. As a citizen of a state one should obey the rule of law and regulation when one’s basic needs and rights are established and secure, that means human rights are established in every aspect of human life.

So, we should designed law is such a way which implemented human rights in the rule,regulations,that one should be obeyed in every aspects of human life.

To implemented ethics and human rights as a law there are so many barriers and restriction that should be solved. In Bangladesh there are a huge number of human rights problems, such as –extra-judicial killings, impunity for security forces,artibitary arrest, politically motivated violence and killings, physical and psychological torture, restriction on privacy, violence against woman and children, infringement on religious freedom,extencive government corruption, trafficking in women and children, limitation on workers rights,etc.

To solve these problems the law should be used by according to ethical law and human rights law. Governmental attitude regarding in international and non-governmental investigation of alleged violations of human rights. A wide variety of domestic and international human rights groups generally operated independently and without government restriction, investigating and publishing their findings on human right cases.

Prominate human rights NGO’s who were worked by ethically such as:Odhikar(Rights),Bangladesh society for the enforcement of human rights,Ain O Shalish Kendra(Law Medition Centre),Shishu Adhikar Forum(Civil Rights Forum),Adibashi Forum, Bangladesh Rehabitions Centre for Trauma Victims(BRCT)and Narri Pokkho(On women’s sides),Bangladesh Mohilla Parishad(Women’s council)and justice and Peace commission.

In spite of these organization, in Bangladesh there are many international human rights group and non-governmental international organization applied their activities for the welfare of mankind and obligation of law.

National Child Labor Law:

Bangladesh has some 25 special laws and ordinances to protect and improve the status of children. Child labor remained serious problems in Bangladesh. Most of the time during child labor children’s was seriously injured or killing in workplace. The current laws, however, present a confusing maze of conflicting provisions regulating child labor. Under existing law, the minimum age for employment may be variously interpreted as anywhere between 12 and 16.In 1993,the Government of Bangladesh created a National Labor Law Commission to revise and harmonize labor laws. Current laws include The Factory Act 1965, which prohibits the employment of children below the age of 14 in any Factory.

To prevent child labor many laws have been established, but these laws do not followed properly and the government agency responsible for enforcing labor laws. Stopping child labor the law must be designed under the rules of ethics and human rights law, and hopefully in near future the child labor will be decreased at the zero level.

Corruption of Bangladesh:

In Bangladesh corruption is one of the most important problems. Corruption has a deep root in the society in Bangladesh. Almost all political regimes, the public service activities and the private and public sector of the society have been corrupt. And this vast corruption is quite impossible to prevent for the judicial law.

In the civil service of Bangladesh there is no codified law of ethics. Whatever is there, amounts of ethical laws like The Government Servants Conduct Rules 1979,and The Governments Servants(Dicipline and Appeal)Rules 1985,these rules deal with behavioral standards, considered pre-judicial to the civil servants and infliction of punishment.

Unlawful Deprivation of Life:

Security forces of Bangladesh like police, Bangladesh Rifles (BDR) and Rapid Action Battalion(RAB)used an unwarranted and unlawful action force. In Bangladesh there was increased number of killings by security personnel but all the abuses were not investigated and the criminals unpunished according to the current law system. To decrease these unlawful deprivation laws must be forced under to ethical and human rights. For this purpose the RAB received human rights training sponsored by foreign government, the UN Development programme and the Local NGO.

Violence against Children and Women:

Domestic violence was widespread in Bangladesh, although violence against children and women was difficult to quantity.

The current law system does not properly stop the violence against children and woman. To decreased these violence the law should be designed according to ethical rules and regulation and human rights law.

Recommendation:

To designed law implemented by ethics and human rights there probably face some problems. Ethics and human rights is not possible to organized in every sector of our life. So to improve our law system law should be designed proper way.

Conclusion:

Law is an important element for an state, without law the states have no values. Basically law is a sovereign authority which is enforced by law. But in Bangladesh law have been misused by the political, social, influencial groups, for these reason laws have lost the basic values, rules and regulations. It is true that without law no states cannot moved, and law is the minimum legal obligation that every citizen of the states should be followed it. But the unethical law is harmful to the society as well as the states.

The main rule of law demands that power is to be exercised in a manner which is just fair and reasonable or arbitrary way.To live in a society or states we must obligated law in every aspects of our life and we must do that, but before that the law must be designed under the ethics and human rights law which is essential implementation for a law.

BIBLIOGRAPHY

1. Bangladesh Human Rights 2007, Country Reports on Human Rights Practices-2005,Released by The Bureau of Democracy, Human Rights and Labor, March 8,2006.

2. Definition of Law,page-1,Book Name: Commercial Law including Company Law and Industrial Law,Writer:Arun Kumar Sen and Jitendra Kumar Mitra,26^th Revised Edition 2008.

3. Everything 2 Law, American Underworld Dictionary-1950,By-Modern Angel, Published at April 1,2000.

4. http://www.hg.org. Article: Human Rights and Democracy in Bangladesh, Published-September 20, 2008,By-Azad and Associates.

5. http://www.brpbd.com. Article: Bangladesh politics, political parties, Content: Bangladesh Laws.

6. http://asiarecipe.com/ban_humanrights.hotml.

7. International Child Labor Hearing, US Department of Labor, Published-April 12, 1994.Content: Statement of The Government of Bangladesh.

8. Law and Ethics, Topic: Relationship between Law and Ethics, Published at November 2001.

9. Law of Bangladesh, By wikipedia,the Free Encyclopedia. http://en.wikipedia.org.

10. Para-Change of Law and Change of Social Rules, page no-3, Book: Commercial Law including Company and Industrial Law,Writer-Arun Kumar Sen and Jitendra Kumar Mitra,26^th Revised Edition 2008.

11. Sec-4, Country Reports on Human Rights Practices-2005, Released by The Bureau of Democracy, Human Rights and Labor, March 8,2006.

12. whttp://en.wikipedia.org/wiki/Law_of_Bangladesh. A Personal Appeal From Wikipedia, Founder-Jimmy Wales, Law of Bangladesh, From Wikipedia the free Encyclopedia.

13. www.law.emory.edu/ifl/legal/bangladesh,htm#text. Bangladesh Peoples’ Republic of Democracy, Content:Legal system/History.

14. www.wisegeek.com.Article:What is Ethics Law?

15. www.amnestyusa.org. Content: Definition of Human Rights Law, Amnesty International USA,5 penn plaza, New York.

16. www.bliss.org. Article: Rule of Law,By-Prof.Dr.Borhanuddin Khan,Dean,Faculty of Law,University of Dhaka.Content:1,Conceptualising Rule of Law.

17. www.thedailystar.net. Law and Our Rights, Article: Law Opinion, Independence of Judiciary: What Next? By-Barrister Tureen Afrooz, published-January-4, 2004.

18. www.banglapedid.org. National Encyclopedia of Bangladesh.