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An Unsung Issue in Bangladesh' Focus on Various Practical Issues with Prescription of Necessary Legal and Judicial Reformation

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ISSN: 2220-6752 Journal of Judicial Administration Training Institute (A collection of writings on various judicial and legal topics) VOLUME XVIII JUNE 2019 . Judicial Administration Training Institute 15, College Road, Dhaka-1000, Fax : 88-02-9574029 Web: http://jati.judiciary.org.bd E-mail : [email protected] PUBLICATION COMMITTEE BOARD OF ADVISORS Mr. Justice Khondker Musa Khaled Chairman Director General Mr. Md. Golam Kibria Member Director (Training) Mr. S.M. Ziaur Rahman Member Director (Administration) EDITORIAL BOARD Mr. Mir Md. Amtazul Hoque Editor Director (Research & Publication) Dr. Md. Alamgir Assistant Editor Deputy Director (Research & Publication) Mr. Al Asad Md. Mahmudul Islam Member Deputy Director (Training) Ms. Nahid Niazi Member Assistant Director (Training) Ms. Nazmoon Nahar Neepu Member Research Officer Mr. Biplob Kumer Kuri Member Assistant Director (Research & Publication) ISSN 2220-6752 Copyright Judicial Administration Training Institute Published by Judicial Administration Training Institute 15, College Road, Dhaka-1000, Bangladesh Price Tk. 300.00, US $5 ii DISCLAIMER The analysis, opinions and conclusions expressed or implied in this Journal are those of the authors and do not necessarily represent the views of the JATI or any other agencies of Government of Bangladesh. Statements of fact or opinion appearing in JATI JOURNAL are solely those of the authors and do not imply endorsement by the editors or publisher. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of the institute. The JATI JOURNAL is published annually and contains articles related to the discipline of law contributed by the resource persons. Brief learned comments on articles published in the JATI JOURNAL, reviews, research papers, reports, features, commentary and other literature on law and law related subjects may also be considered for publication. Manuscripts for publication should be sent to the Editor, JATI JOURNAL, Judicial Administration Training Institute, 15, College Road, Dhaka-1000 and cannot be returned. iii Contents FOREWORD v A Brief Analysis on the Code of Conduct and Ethics for the Judicial 1 Officers Justice Mohammad Anwarul Haque The Evolution of Crime and Punishment in Bangladesh: Trends and 15 Issues H M Fazlul Bari Global framework: Addressing the Impact of Climate Change on Coastal 41 Populations Lipika Bhadra Curing Institutional and Individual Corruption in Public Offices: 73 Bangladesh Perspective Maruf Ahmed Development and Present Status of Admiralty Jurisdiction in Bangladesh 93 Md. Abu Hanif International Tribunal in Resolving International Commercial Disputes 119 and Relation With National Courts: An Overview of the Decision of the Saipem’s Case Farjana Hossain Security at the Cost of Liberty: A Critical Evaluation of Trade-Off 141 between Liberty and Security through Preventive Detention Hasan Md. Arifur Rahman Child Marriage in Bangladesh: Causes, Impacts and Legal Protection 167 System Nasrin Jannat Seba Status of Women Empowerment in Bangladesh: An Equal Rights 189 Perspective Mily Sultana Construction Workers’ Rights and Safety: An Unsung Issue in 199 Bangladesh Md. Raisul Islam Sourav A Review on ‘What Next in the Law’ by the Right Honourable Lord 223 Denning Jibrul Hasan iv Foreword It is a matter of great pleasure that the 18th volume of JATI Journal has now been ready for its readers. This law journal is an annual publication of the Institute which seeks to offer an academic platform for the judges and magistrates of the subordinate courts, government law officers and other legal professionals. Therefore, in this volume, an attempt has been made for streamlining the Journal towards achieving more academic standard. It is worth mentioning that this volume has also assimilated different perspectives and dimensions by the contributions of young judges and professionals having international exposure. As many as 11 (eleven) articles have been published in this issue covering a broad spectrum of legal erudition. The first write up titling 'A Brief Analysis on the Code of Conduct and Ethics of the Judicial Officers' has constant relevance to the judicial officers and it elaborates the composite ideas and values concerning the subject. In the same trail, the article on 'Curing Institutional and Individual Corruption in Public Offices: Bangladesh Perspective' outlines suggestive measures for combating the social vices. A good number of articles have been published on the ever-increasing domain of human rights. In this context, the articles on 'Status of Women Empowerment in Bangladesh: An Equal Rights Perspective', 'Child Marriage in Bangladesh: Causes, Impact and Legal Protection System' and 'Construction Workers' Rights and Safety: An Unsung Issue in Bangladesh' focus on various practical issues with prescription of necessary legal and judicial reformation. Similarly, the article on 'Security at the Cost of Liberty: A Critical Evaluation of Trade-off between Liberty and Security through Preventive Detention' provides critical analysis of the laws governing this area in the international perspective. On the other hand, the article on 'the Evolution of Crime and Punishment in Bangladesh: Trends and Issues' sheds light on trends, issues and evolution of criminal justice system of the country. The discussion on 'Global Framework: Addressing the Impact of Climate v Change on Coastal Population' will go a long way to address the issue of protection of environmental rights and obligations of the states at the national level. The deliberation on 'Development and Present Status of Admiralty Jurisdiction in Bangladesh' will help the readers to gather knowledge on development of the Admiralty Court. The paper titled `International Tribunal in Resolving International Commercial Disputes and Relation with National Courts: An Overview of the Decision of the Saipem's Case' strives at drawing a balance between jurisdiction of courts and arbitration tribunals. Lastly, the review of the book of legendary English judge Lord Denning namely ‘What Next in Law’ will create interest in revisiting this classic legal literature. So, the range and variety of the contributions necessarily indicate that the Journal has already become a scholarly forum for the legal professionals of various fields and strata. I am confident that the publication of this journal provides a congenial atmosphere among the judges and other legal professionals for sharing their respective knowledge and expertise. I am also assured of the fact that in this fast growing world of information and communication technology, the Institute is not only putting its best effort in providing training to the judicial officers and other legal professionals, but also widening the scope for creativity, innovation and research. It is needless to say that the contributors of this Journal have paved the way of its excellence by all means. Besides, a highly professional research team charged with indomitable love and affection for the Institute has also been engaged in developing the quality of this Journal. Hence, I extend my felicitation to the authors and also congratulate the editors, officials and staff of JATI involved in the process for their efforts. I expect that the members of the judicial guild will take benefit of this Journal and I request them to contribute to this Journal in its upcoming issues. I wish success of this publication of JATI Journal. Justice Khondker Musa Khaled June, 2019 Director General Dhaka Judicial Administration Training Institute vi A Brief Analysis on the Code of Conduct and Ethics for the Judicial Officers Justice Mohammad Anwarul Haque* This article attempts to delineate the scope and extents of judicial ethics and code of conduct of the judicial officers. Impartiality, wisdom and high character emanating from conduct, character and inner qualities of a judge epitomises high reverence for judges that ultimately determines the height of civilization in a given society. While emphasising on the highest integrity and rectitude of Judiciary, as one of the ancient institutions, this write- up also weighs on the sanctity of justice and correct judicial behaviour as a part of religious duty. Besides discussing the administration of justice and Code of judicial conduct during the Mughal period and ancient India largely drawn from the saying of the ancient jurists Manu, Katyan, Brihaspati, Kautilya, the article goes on saying about the importance of judicial discipline, a professional character, in the life of the judge of all time. A detailed narrative of canons of judicial ethics and conduct of Judicial Officers follow suit which includes avoidance of impropriety and free mixing, dealing with unprofessional conduct of lawyers, handling kinship or influence, dealing with individual idiosyncrasies and arbitrariness, inconsistent obligations, partisan politics, self-interest, gifts and favours, social relations, injudicious and untenable behaviour. Besides, emphasis is given on essential conduct of judges, promptness in performance, court organization, courtesy and civility, independence, proper intervention in conduct of trial, continuances, and judicial impartiality. Additionally, the article puts forward a summary of judicial obligation in * Chairman, Chattogram Hill Tracts Land Dispute Resolution Commission, Former Judge, Appellate Division, Supreme Court of Bangladesh
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