In a country like Bangladesh right to life is an important right for all people – Explain
Introduction: In a country like Bangladesh right to life is an important right for all people. It is the basement for all human. If this right is broken by different work which have been done by the government, than the whole country and its people will face a horrible dilemma. In the last 10 years many people died because of different occurrence which has been done by different parties of the government, general people and also some foreign taking part. Because of all this happening people now a days are afraid about their life and they feel unsafe to be out on the streets. Though the government says that the number of death has gone down but still people are afraid to believe those words. Now a day’s people are afraid to go down to the Police or RAB station, because they have become the hired killers for the government. Also they are afraid to stay at their home because they don’t know when they will be attacked by others. In our constitution it has been said that Right of life is a fundamental right for all living people. But because of injustice this right is starting to become an invalid act.
Definition of Right to Life:
Right to life is an expression which expresses the belief that a human being has some fundamental rights to live. It is mentioned that a human being has the right of not to be killed by another human being. This concept also discusses the different issues of abortion, capital punishment, euthanasia, self defense, killing and war.
Taking human life has been strongly damned by all religions and philosophies over the centuries. International human rights law has in turn required to uphold this most sacred of rights in a number of agreements. The life of an individual is clearly protected from being illogically taken by the state, government and by people.
The right to life is not, however, as unbreakable as it seems at first sight. There are hundreds of situations where states may deny individuals of life itself and to which international human rights law does not raise an objection. Death penalty is one of the many examples. Human rights law does not disallow the use of death penalty as a punishment for horrible crimes but it does encourage its ending so that state may limit its use. The use of violent behavior in self-defense also lies at the base of other explanation for taking a human life. Killing is acceptable at times of war, murder of civilians and prisoners of war. That is why Human rights law tries its best to respond to all the numerous of ethical dilemmas raised by the right to life by starting a range of exclusion.
Different issues in relation to Right to life:
There are different issues which relates to Right to life. This are:
Rights at stake:
Every human has the inborn right to life and this has to be protected by law. However, this right is not as sacred as it sounds. The main principle in human rights is that no one shall be illogically deprived of life. Which means that country can take human life by following valid laws and measures. There are few number of situations when a country may deny persons of his or her lives without breaching international human rights law. In some cases, these things are based on the idea that violent act is used in self-defense is justified. For example death panalty.
Situations of armed conflict:
Constitution outlaw all kinds of warfare, violence and illegal acts . The right to life in such situations is not fixed. Law seeks to enforce boundaries on the way violence can be used at times of conflict. Certain categories of persons, civilians or warrior who have laid down their arms or are injured, they are considered protected. The right to life of these category is upheld and can be violated for example, by random shooting or by planned execution or denial of access to water, food, medicine or shelter.
Right to survival:
When talking about children or babies, the right to life always mean as the right to survival. In every country human rights law already forbids the use of the death penalty for children. However, child rights treaties impose another obligation on states to meet the basic needs of the child in terms of nutrition, health, food, shelter etc. to enable the child’s survival. Right to survival has many aspects. These are:
a) Right to family life: Family life is something that everybody needs. Every human being is in need of this family life. Also every children needs a family to grow up. Because from a family a child learns his or hers first step, first word, norms, value, behavior, mentality. For every child family is the most important thing. For this children to survive they need family. When child first comes into this world he or she feels afraid and alone but their parents are there to hold him or her. But a poor country like Bangladesh there are many children’s who come to this world and left alone in the garbage. Every single day thousands of children are with no parents. Many of them dies and few survives. So for their safety we need to ensure that no harm can fall upon them.
b) Right to have a decent place for living: Decent place for living means a house with clean environment, regular water, gas, electricity, a lawn where people of the house can hangout or children’s can play, bathroom, food etc. When person have all of this he or she becomes happy and when they are happy they do good things for themselves and for others. But in our country majority of the people lives in slums with dirty and unsafe environment, no electricity, water or gas, no food, no medical supplies and not even a bathroom. they don’t have any money, they don’t have any jobs, also there is no education for them. to earn money they beg on the streets. suffering from malnutrition is a common for all this people. Their survival rate is very low. It is our job to make sure that this people stay happy. because if they are not happy they can’t survive.
c) Rights for a disabled child and for his medication, education and care: If an able child can have rights a disable child can also have rights. Disable child doesn’t meant that they are capable of nothing. this children are capable of everything. Maybe they are not the perfect creation of god but still they are people who are capable of doing something. Every single day disabled babies are coming to this world. some parents are giving all the love they can so that the baby doesn’t feel ashamed of himself on the other hand many parents are throwing those child away so that they doesn’t have to face the shame in the society. In our country we don’t have that amount of facility to help all the disabled children and persons but to ensure right to life for all this kids we need to ensure proper education, medication and care.
- Rights for a refugee child.
- Rights of social security.
- Rights for better medical care and health services.
Freedom from torture:
It is also a part of right to life. Torture is one kind of brutal and inhuman act. No man or woman wants to become a part of torture, because it is a method of hurting people and who ever becomes the victim of this immoral act, he or she has to go through immense amount of pain during this process.
Freedom from Torture provides medical and psychological records of torture, a range of therapies, it also includes psychotherapy, individual and family therapy, physiotherapy and complementary therapies and group work as well as practical advice and support. It also gives training to health professionals and others all over the world, so that they can work with torture survivors.
Freedom from Slavery:
Slavery means forcing someone to do something which is against their will. It is a bad practice for any nation. Slavery happens because of religion, gender, race or complexion of a person’s skin. It has been seen all over the world that many of the slaves are poor who don’t have anything in this world or no place to go, but because of the inhuman act by the rich and foul people they end up being a slave for someone. Also people sales people both man and woman as slave just to earn money. Because of this inhuman act people who are called slaves commits suicides or they get removed from the society. Though we live in a modern world but still now a days we use slaves. Slaves who are children has become a big use in this modern working life. Almost every factory or work place we see a little child who is being treated as a worker, though he or she needs to be at school but still they are working there as a slave. This little children are doing this for money so that they can contribute some money into their family. This children are our future but for our own benefit and happiness we are destroying our future.
There are four types of Slaves. This are:
a) Chattel slavery: It is a traditional form of slavery. Slaves are treated as owners personal property and slaves can be sold to anyone who wants to pay money.
b) Bonded labor: Bonded slavery means debt bondage. This sort of slavery can be passed on from generation to generation. Until the debt is fully paid that person has to be a slave of the owner and do whatever he wishes.
c) Human trafficking: It is a trading of slaves from one city to another or one country to another. Trading happens because of money. In the modern era this problem has become a severe one.
d) Forced labor: It means that a person is forced to work against their will. In this case they don’t have any rights to say anything about their duty. If the work bothers them still they have to do it.
Right to a Fair trial:
It is an essential right for all country and their people to follow and respect the rule of law. The rule of law decides the fate of a trial and the judgment is given at the courthouse. It is a place where fate is decided for that persons deeds. But fair trial is easy to say but a difficult thing to do. There is no surety about a trial. without hard evidence nothing is sure. Sometimes a person who is not accountable becomes guilty and sometime a guilty persons gets released because of hard evidence. So it is not easy to judge or to do the right thing in court.
a) Fair trial rights: The right to a fair trial is one of the most important human rights. Significant case law has been established on the understanding of this human right.
-the right to be heard by an expert, independent and unbiased court
-the right to a public hearing
-the right to be heard within a logical, practical and reasonable time
-the right to counsel, advice, direction or guidance
-the right to interpretation, explanation and analysis
b) The right to a fair trial in criminal proceedings: The trial of criminal proceedings is more important because consequences which will be given to that individual are much more severe den normal trial. In this proceeding the following rights of a fair trial are:
-the right to be notified of charges in a sensible way.
-the right for the preparation of a defense.
-the right of the accused to defend him or herself, or the right to a advocate chosen by the accused.
-the right to communicate privately with the advocate.
-the right to not give away oneself.
-the right to appeal at first instance to a higher court.
-the prevention on double risk.
c) The right to a fair trial in civil proceedings.
d) The right to a fair trial in administrative proceedings.
e) The right to a fair trial in special proceedings.
Abortion:
Abortion means the termination of pregnancy by removing the embryo from the uterus before it gets bigger. In many countries it is legal but a country like Bangladesh it is illegal. Abortion is a horrible thing to do because by doing it we are destroying god’s creation and destroying god’s creation is not a good thing to do. Abortion is illegal in Bangladesh but still every single day thousand of woman from 15-49 years old are having an abortion in different medical clinic. These individuals are paying almost 10,000tk per session. In this proceeding sometime mistakes happens and this mistakes becomes a fatal accident for the victim’s future. Before wedlock they have intercourse with their partners and because of unsafe sex they get pregnant. To avoid this shame they go to the clinic and have an abortion. The amount of abortion is increasing day by day. We are becoming guilty of destroying new life into this world. Right to life is also for the unborn baby. Thought that fetus doesn’t know anything about this world but still killing something which is a gift from god is a bad practice. It is inhuman for both the woman and the doctor and the people who are involved with this. So, to stop this immoral act and to establish right to life for the unborn child we need to create more awareness and make abortion illegal by law.
Right to life on the constitution of Bangladesh:
Right to protection of law:
To enjoy the protection of the law, and to be treated in agreement with law, and only in agreement with law, it is the absolute right of every citizens, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action unfavorable to life, liberty, body, reputation or property of any person shall be taken except in agreement with law.
Protection of right to life and personal liberty:
No person shall be deprived of life or own personal liberty save in agreement with law.
Prohibition of forced labor:
(1) All forms of forced labor are prohibited and any contravention of this provision shall be
an offence punishable in accordance with law. It means force labor is illegal and if someone is to be found guilty of applying force labor than he or she will get punished by the rule of law.
(2) Nothing in this article shall apply to compulsory labor. It means there is no law written about force labor should be applied.
(a) by persons undergoing lawful punishment for a criminal offence or required by any
law for public purpose.
Safeguards as to arrest and detention:
(1) No person who is under arrest shall be held in custody without being informed, as soon
as may be of the basis for such arrest, nor shall he be deprived of the right to discuss with and be
defended by a legal advocate of his choice.
(2) Every person who is under arrest and held in custody shall be taken before the nearest
magistrate within a period of twenty four hours of such arrest, apart from the time necessary
for the journey from the place of arrest to the court of the magistrate, and no such person
shall be held in custody beyond the said period without the power of a magistrate.
(3) Nothing in clauses (1) and (2) shall apply to any person-
(a) who for that time being is an enemy alien; or
(b) who is arrested or held under any law providing for precautionary custody.
(4) No law providing for precautionary imprisonment shall authorize the custody of a person for a period above six months unless an Advisory Board consisting of three persons, of whom
two shall be persons who are, or have been, or are qualified to be chosen as, Judges of the
Supreme Court and the other shall be a person who is a higher officer in the service of the
Republic, has, after affording him an opportunity of being heard in person, reported before
the termination of the said period of six months that there is, in its judgment, adequate cause for such imprisonment.
(5) When any person is held in pursuance of an order made under any law providing for
precautionary imprisonment, the authority making the order shall, as soon as may be in touch to such person the grounds on which the order has been made, and shall afford him the earliest opportunity of making a representation against the order.
(6) Parliament may be law advice the procedure to be followed by an Advisory Board in
an analysis under clause (4) .
Protection in respect of trial and punishment:
(1) No person shall be found guilty to any offence except for disobedience of law in force at the time of the commission of the act charged as an offence, nor be subjected to a punishment greater than, or different from that which might have been inflicted under the law in force at
the time of the commission of the offence.
(2) No person shall be accuse and punished for the same offence more than once.
(3) Every person accused of a criminal offence shall have the right to a quick and public
trial by an self-regulating and unbiased court or committee established by law.
(4) No person accused of any offence shall be bound to be a witness against himself.
(5) No person shall be subjected to torture or to cruel, inhuman, or humiliating punishment or
treatment.
(6) Nothing in clause (3) or clause (5) shall affect the operation of any existing law which stipulates any punishment or method for trial.
Conclusion:
At last it can be said that right to life is for all people young and old, man and woman. For survival every person needs this right. Hurting others, killing each other never bring happiness to a person’s life and for that country. So it is our government’s duty to ensure right to life for all forms of people. It is our fundamental right and this right helps us to live our life peacefully. If something wrong happens to it than the country will face a greater tragedy. So government should enforce right to life so that every person can have a better life to live with.
Recommendation:
· Ensuring right to life for all forms of people
· Creating awareness among people
· Helping out the children who are this country’s future
· Help to give out better services and facilities of necessary thing to all people
· Illegalize anything which becomes a burden for the right to life