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Crime has updated but system of Jurisdiction has no improvement in our country. Explain & Illustrate.
Introduction
Crime is nothing but an unsocial work done by some corrupted people in the society by which the peace of the society get violated. Modern civilizations mostly observe crimes as offences in contradiction of the public or the state, distinguished from wrongdoings. Thomas Aquinas (Aquinas, 1988) mentioned “crime as divergent conduct that disrupts fundamental customs – ethnic standards advising how individuals had better to perform normally.”[1] In Bangladesh, The development and improvement of Crime & Criminal activity were incurred faster than the development of Jurisdiction system. After the liberation war in 1971 there were two common type of crime & criminal activity[2] were incur. They were Hijacking & Robbing but now situation is so developed that crime expanded in every sector of our Country.
The way the crime developed in Bangladesh supreme judicial system was not developed so much and as a result rules of law of the country violated very much.[3] Our jurisdiction still following that law which were made after the establishment of Bangladesh and this lacking of jurisdiction system increase criminal activity in Bangladesh.
In this research paper, I will try to find out why, how, when crime in Bangladesh developed and major drawback of Jurisdiction system that it did not developed much.
History of Jurisdiction System of Bangladesh
This history of judicial system of Bangladesh is approximately two hundred year old. Judicial system of Bangladesh mainly first established by British East India Company. It passed through various stage of Development. “The legal system of the present day emanates from a mixed system which has structure, legal principles and concepts modeled on both Indo-Mughal and English law.[4]
Existing judiciary system was created by Part VI Chapter I of the Constitution of Bangladesh adopted in 1972.[5] “The Constitution establishes the judiciary as a different administration of government twisted between Supreme Court and subordinate courts. The Supreme Court consists of an Appellate Division and a High Court Division, which are separate in their composition and functions. The Supreme Court is headed by the Chief Justice; with judges[6] appointed by the President as members[7]. They are independent in the exercise of their judicial functions. Tenure of office[8], procedure for removal from office, independence in the performance of judicial functions, and compensation are all guaranteed and assured by the Constitution.
Crime and System Jurisdiction of Bangladesh
In Bangladesh, the Crime and criminal activity developing sector. Journalist of BBC News Alastair Lawson (2002) mentioned that now a day, Crime in Bangladesh is existent in different forms. Systematized crime embrace drug operating, money polishing, shakedown, assassination for hire, deception etc. [9]Further unlawful processes participate in human enrapturing, mugging, corruption, black marketeering, political violence, terrorism, abduction etc. Recently, another new type of crime developed in Bangladesh Named “Eve Teasing”. Mainly it is a type of crimes that mainly deal with physically, verbally and mentally tease young school girls of Bangladesh.
Wikipedia mentioned System of Jurisdiction as the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility. The term is also used to denote the geographical area or subject-matter to which such authority applies.
Currently, Bangladesh is suffering mostly by international crime. From 1990 prohibited drugs fashioned in neighboring nations. Annual Report of International Narcotics Control Board (INCB) 2007 mentioned that Bangladesh has become the main transit point for trafficking of heroin to Europe from Southeast Asia and other part of world. This report also mentioned that the unsafe borders between Bangladesh and India inspire the criminal to perform this cross-border smuggling of illegal drug. Wikipedia mentioned that “Till now from the investigation, it is found that there were three type routes used for smuggling of heroin into Bangladesh: They are 1) by courier from Pakistan 2) by commercial vehicle or train from India, and 3)by sea (Bay of Bengal) or by road from Myanmar.”[10]
Type of Crime occur in Bangladesh
Already mentioned in this paper that after the liberation war in 1971 there were two common type of crime & criminal activity[11] were incur but a now days crime spread every sector of our society. Now days the crime incurs are following:
1. Drug trafficking: This a type of crime in this criminal uses Bangladesh as transit route transfer drug from one country to another country.[12] Bangladesh is very close golden triangle and for this reason by the passage of time the drug trafficking rate is increasing very rapidly in Bangladesh.
2. Political Crime: Now days another type of crime which makes the life of citizen living in Bangladesh miserable is political crime.[13] Dictionary of Law Published by Oxford mentioned political crime as a conspiracy, and the actual deed of challenges to political rulers or sacred authority. Political criminals were likely to suffer much more gruesome punishment than ordinary or common criminals. Over time, however, the meanings of the term–and indeed attitudes toward political criminals themselves–have undergone significant shifts.
3. Threat & Extortion: Extortion is another popular type crime occurring a now a days. This mainly a type of crime in where criminal tries charge a popular rich man to get a lump sum amount of money.[14]
4. Religious Crime: Another form of crime developed in Bangladesh. This type gets popularity by Jamaat-ul-Mujahideen Bangladesh. Wikipedia mentioned the main ideology of this crime as is to replace the current state of Bangladesh with an Islamic state based on Sharia. It has explicitly stated on more than one occasion that it opposes the political system of Bangladesh and seeks to “build a society based on the Islamic model laid out in Holy Quran-Hadith.[15]
Reason for which System of Jurisdiction did not much developed
While conducting this research I have found some reason for which our system jurisdiction did not developed much. Some of these created by criminal for getting some advantage and some of these created by political leader. The reason for which system of Jurisdiction did not develop much is following:
1) Infrastructure support[16]: Currently. There were not enough infrastructure support and expertise at district levels to submit forensic evidence. Due to absence of this type of support murder, killing & robbery increased in our country.
2) Political Influence: Currently, In Bangladesh most of the time it has been seen that political government always tries to use the legal system against it opponent party. This kind of activity also increased the rate of backlog cases in our judicial system.[17]
3) Backlog Case Problem: The backlog case is a barrier to prevent general person to getting any support from legal system of Bangladesh. As most of the victim of crime is general people, this why criminal does not have any fear to perform any crime.[18]
4) Weakness in Criminal Justice system: Two major weakness of our judicial system is the investigation of case and disintegrated public prosecution system. As the investigation system too slow and public prosecution system is not effective, for this reason the problem of backlog cases increased.[19]
5) Discrimination in Legal System: The researcher identified various forms of discrimination, one being discrimination of indigenous people and minorities, and another being gender discrimination.[20] As criminals are rich and for this reason they bribe the law maker so that law will be on their side.
Way that can help to developed our system of Jurisdiction
Ø The setting up of specialized tribunals: To improve our system of jurisdiction system, the sovereign authority must setup specialized tribunals. So that crime & criminal do not get any loophole to get rid of law.
Ø Four-tier system of judiciary: [21]Currently, Our system of Jurisdiction is mainly two tier system. It should restructured to four tier system so that work in jurisdiction system will be faster and flexible
Ø Strengthens court administration[22]: Strengthens court administration and reduces delays, improves case management, installs a court management information system and automation.
Ø Strengthen the public prosecution service: The supreme judicial must take some step so that public prosecution service will get strength to solve a case. Public prosecutor should get enough power so that they justify the work investigation process and if they found any loophole then they can take the correct step to solve the problem. [23]
Conclusion
The way crime is improving our country is very fast. In the same time I did not find any evidence that can ensure me that system of jurisdiction system is also improving. If situation goes like this then one day it will be very hard for our sovereign authority to control crime and criminal. If they unable to control this growth of criminal activity then one day Bangladesh will unable to give safety to its people. If general people unable to get justice from our system of jurisdiction then they might take law on their hand and by doing this our system of jurisdiction might be collapsed.
Bibliography
Ahmed, B. M. (n.d.). Strengthening the Criminal Justice System. ADB Regional Workshop. Dhaka: ADB
Asiatic Society. (2007). Legal & Judicial System. In Banglapedia
Biswas, Z. I. (n.d.). Access to Justice through State-led Rural Justice System in Bangladesh: A Case Study in Kansat Union Parishad
Bari, H. .M. Fazlul. 2004. Separation of Judiciary How long will it take? Retrieved from: http://www.thedailystar.net/law/2004/08/04/vision.htm
Crime in Bangladesh. (2010, Octobor 27). Retrieved Novemberr 14, 2010, from Wikepedia: http://en.wikipedia.org/wiki/Crime_in_Bangladesh
Aquinas, T. (1988). On Law, Morality and Politics. Indianapolis: Hackett Publishing Co.
Garner, B. A. (2001). Black’s Law Dictionary. Black’s Law Dictionary
Hussain, M.M. 2003. Reporting on bail requires thinking. The Daily Star. Retrieved from http://www.the dailystar.net/law/200306/04/corridor.ht
Iqbal, M. Z. (1998). History of Liberation War: A Book. Dhaka: Web Publication.
Lawson, A. (2002, November 1). Bangladesh crime fight. Retrieved November 14, 2010, from BBC News UK: http://news.bbc.co.uk/2/hi/south_asia/2383147.stm
Subarno, A. M. (2010, August 5). E-Bangladesh. Retrieved November 14, 2010, from Abul Maruf Subarno: http://www.e-bangladesh.org/2010/08/05/the-inside-story-of-drugtrafficking-in-developing-countries/
The Library of Congress Country Studies; CIA World Factbook. (1988, September 12). Bangladesh Violence and Crime. Retrieved November 14, 2010, from Photius: http://www.photius.com/countries/bangladesh/national_security/bangladesh_national_security_violence_and_crime.html
Wikipedia. (2010, March 26). Extortion. Retrieved November 14, 2010, from Wikipedia: http://en.wikipedia.org/wiki/Extortion
Jahaid, D. (2004). Challenges Facing Bangladesh’s Justice System: Prospects of Adaptations of Restorative Justice System in Bangladesh. News From Bangladesh.
Jalil, L. R. (n.d.). The judiciary and its importance. Law & Our Rights,The Daily Star.
Ministry of Law. (2010, Octobor 9). About Bangladesh. Retrieved Octobor 5.30 PM, 2010, from Ministry of Law: http://www.minlaw.gov.bd/aboutbangladesh.htm
Rahman, J. S. (n.d.). Strengthening the Criminal Justice System. ADB Regional Workshop in Dhaka.
Rahman, J. S. (n.d.). Strengthening the Public Prosecutorial Service. Dhaka: ADB Regional Workshop.
Rahman, Mizanur. 2000. Governance and Judiciary. Governance: South Asian Perspective (Eds. Hye, Hasnat Abdul). Dhaka: University Press Ltd.
Wahhab, P. M. (n.d.). Judicial reforms for good governance in Bangladesh. Chittagong, Bangladesh: University of Chittagong.
Shahiduzzaman. (2006). SC Refuses Govt Appeal for More Time on Judiciary Separation. New Age BD.
Saha, B. C. (2005, July 6). Cleansing Drive on to Oust Corrupt Cops from Capital. Retrieved October 9, 2010, from New Age BD: http://www.newagebd.com/2005/jul/06/front.html#3
[1] Aquinas, T. (1988). On Law, Morality and Politics. Indianapolis: Hackett Publishing Co.
[2] Islam, S. S. (1998). Poverty alleviation and forest conservation in Bangladesh: role of research. New York: Food and Agriculture Organization.
[3] Rahman, J. S. (n.d.). Strengthening the Criminal Justice System. ADB Regional Workshop in Dhaka
[4] Section 6, Bangladesh Laws (Revision and Declaration) Act 1973
[5] Constitution of Bangladesh, Part VI, The Judiciary
[6] A judge must: (i) be a citizen of Bangladesh; and (ii) be an advocate of the Supreme Court for not less than 10 years; or have held judicial office in the territory of Bangladesh for not less than 10 years; or have such other qualifications as may be prescribed by law for appointment as a judge of the Supreme Court.( Constitution of Bangladesh, Part VI, The Judiciary)
[7] The President appoints the Chief Justice independently (Art. 48 [3], Constitution) but relies on the advice of the Prime Minister in appointing judges (Art. 95, Constitution).
[8] Removal from office is possible only on the recommendation of the Supreme Judicial Council consisting of the Chief Justice and the next two senior judges.( Constitution of Bangladesh, Part VI, The Judiciary)
[9] Lawson, A. (2002, November 1). Bangladesh crime fight. Retrieved November 14, 2010, from BBC News UK: http://news.bbc.co.uk/2/hi/south_asia/2383147.stm
[10] Crime in Bangladesh. (2010, Octobor 27). Retrieved Novemberr 14, 2010, from Wikepedia: http://en.wikipedia.org/wiki/Crime_in_Bangladesh
[11] See foot note 2
[12] Subarno, A. M. (2010, August 5). E-Bangladesh. Retrieved November 14, 2010, from Abul Maruf Subarno: http://www.e-bangladesh.org/2010/08/05/the-inside-story-of-drugtrafficking-in-developing-countries/
[13] A political crime is an offence involving overt acts or omissions (where there is a duty to act), which prejudice the interests of the state, its government or the political system. States will define as political crimes any behavior perceived as a threat, real or imagined, to the state’s survival including both violent and non-violent oppositional crimes.(The Library of Congress Country Studies; CIA World Factbook. (1988, September 12). Bangladesh Violence and Crime. Retrieved November 14, 2010, from Photius: http://www.photius.com/countries/bangladesh/national_security/bangladesh_national_security_violence_and_crime.html)
[14] Making a threat of violence which refers to a requirement of a payment of money or property to halt future violence is sufficient to commit the offense. Exaction refers not only to extortion or the unlawful demanding and obtaining of something through force,[1] but additionally, in its formal definition, means the infliction of something such as pain and suffering or making somebody endure something unpleasant.(Wikipedia. (2010, March 26). Extortion. Retrieved November 14, 2010, from Wikipedia: http://en.wikipedia.org/wiki/Extortion
[15] Jamaat-ul-Mujahideen (alternate spelling: Jama’atul Mujahideen Bangladesh; abbreviated: JMB; Bengali: was a Islamist organisation operating in Bangladesh. It was founded in 1998 in Palampur in Dhaka division by Abdur Rahman and gained public prominence in 2001 when bombs and documents detailing the activities of the organization were discovered in Parbatipur in Dinajpur district.The organization was officially banned by the government of Bangladesh in February 2005 after attacks on NGOs, but struck back in mid-August when it detonated 500 bombs at 300 locations throughout Bangladesh
[16] Alam, D. M. (2010, February 2). Problems of delay and backlog cases. Law & Our Right,The Daily Star.
[17]. Millennium Development Goals Bangladesh Progress Report 2005. The United Nations, 2005.
[18] It will also ensure human rights. Backlog of cases obstructs the ‘access to justice’ which is considered to be the ‘most basic human rights’, as ‘access to justice’ does mean not only the presence of justice mechanisms like courts, tribunals etc. but also the ability of those mechanisms to deliver affordable and timely justice to the citizens. (Biswas, Z. I. (2008, June 28). Judiciary must take bold steps to get rid of. Law and Our Rights,The Daily Star.)
[19] Barrister Moudud Ahmed,Key Note Speech in Strengthening the Criminal Justice System From the ADB Regional Workshop in Dhaka, Bangladesh, 30–31 May 2006
[20] Challenges Facing Bangladesh’s Justice System: Prospects of Adaptations of Restorative Justice System in Bangladesh By Delwar Jahaid, News From Bangladesh
[21] The existing two-tier system of judiciary may be converted into four-tier system. They, in descending order, are: 1) Supreme Court at the center.2) The present High Court Division of Supreme Court may be decentralized to the division levels (upper unit of field administration) as independent High Court by upgrading existing 6 divisions into provinces.3) District court at the district level; and 4) Upapila (sub-district) court at the upapila level and the similar court in the metropolitan areas. This will serve two purposes. Firstly, upazila court will lessen the burden of district court and secondly it will act as the controlling and supervising authority of village level courts. ( Wahhab, P. M. (n.d.). Judicial reforms for good governance in Bangladesh. Chittagong, Bangladesh: University of Chittagong)
[22] Challenges Facing Bangladesh’s Justice System: Prospects of Adaptations of Restorative Justice System in Bangladesh By Delwar Jahaid, News From Bangladesh
[23] Public prosecutors in Bangladesh have no control over the investigation; such control lies with the magistrates. There is no separate corresponding wing in the executive police. The duties of the public prosecutor commence with the appearance of the accused before the courts.(Justice Shafiur Rahman,Key Note Speech in Strengthening the Criminal Justice System From the ADB Regional Workshop in Dhaka, Bangladesh, 30–31 May 2006)
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