“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.
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.
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 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 word “Ethics” generally relates to morality, philosophy, principles or code of conduct considered as moral behavior.
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.
While the beginning of the 20th 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:
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]
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.
Independence of Judiciary System:
3. Institutional independence of subordinate judiciary.
4. Judicial appointments by separate judicial Service Commission, and 5.Administrative independence and financial autonomy of judiciary.
Implemented Ethics and Human Rights as a 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.
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.
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.
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.
Violence against Children and Women:
Domestic violence was widespread in Bangladesh, although violence against children and women was difficult to quantity.
3. Everything 2 Law, American Underworld Dictionary-1950,By-Modern Angel, Published at April 1,2000.
5. http://www.brpbd.com. Article: Bangladesh politics, political parties, Content: Bangladesh Laws.
6. http://asiarecipe.com/ban_humanrights.hotml.
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9. Law of Bangladesh, By wikipedia,the Free Encyclopedia. http://en.wikipedia.org.
14. www.wisegeek.com.Article:What is Ethics Law?
18. www.banglapedid.org. National Encyclopedia of Bangladesh.