Governance and the Media Irum Shehreen
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Locating the Survivor in the Indian Criminal Justice System: Decoding the Law I
Locating the Survivor in the Indian Criminal Justice System: Decoding the Law i Locating the Survivorin the Indian Criminal Justice System: Decoding the Law LAWYERS COLLECTIVE WOMEN’S RIGHTS INITIATIVE Contents Contents v Foreword ix Acknowledgments xi Abbreviations xiii Introduction I. Kinds of Offences and Cases 2 1. Bailable Offence 2 2. Non Bailable Offence 2 3. Cognisable Offences 2 4. Non Cognisable Offences 2 5. Cognisable Offences and Police Responsibility 3 6. Procedure for Trial of Cases 3 II. First Information Report 4 1. Process of Recording Complaint 4 2. Mandatory Reporting under Section 19 of the POCSO Act 4 3. Special Procedure for Children 5 4. Woman Officer to Record Information in Specified Offences 5 5. Special Process for Differently-abled Complainant 6 6. Non Registration of FIR 6 7. Registration of FIR and Territorial Jurisdiction 8 III. Magisterial Response 9 1. Remedy against Police Inaction 10 IV. Investigation 11 1. Steps in Investigation 12 2. Preliminary, Pre-FIR Inquiry by the Police 12 Locating the Survivor in the Indian Criminal Justice System: Decoding the Law v 3. Process of Investigation 13 4. Fair Police Investigation 14 5. Statement and Confessions 14 (i) Examination and statements of witnesses 14 (ii) Confessions to the magistrate 16 (iii) Recording the confession 16 (iv) Statements to the magistrate 16 (v) Statement of woman survivor 17 (vi) Statement of differently abled survivor 17 6. Medical Examination of the Survivor 17 (i) Examination only by consent 17 (ii) Medical examination of a child 17 (iii) Medical examination report 18 (iv) Medical treatment of a survivor 18 7. -
Internal Communication Clearance Form
NATIONS UNIES UNITED NATIONS HAUT COMMISSARIAT DES NATIONS UNIES OFFICE OF THE UNITED NATIONS AUX DROITS DE L’HOMME HIGH COMMISSIONER FOR HUMAN RIGHTS PROCEDURES SPECIALES DU SPECIAL PROCEDURES OF THE CONSEIL DES DROITS DE L’HOMME HUMAN RIGHTS COUNCIL Mandates of the Working Group on Arbitrary Detention; the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment. REFERENCE: UA G/SO 214 (67-17) G/SO 214 (53-24) G/SO 218/2 BGD 6/2013 30 April 2013 Excellency, We have the honour to address you in our capacity as Chair-Rapporteur of the Working Group on Arbitrary Detention; Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment and Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and pursuant to Human Rights Council resolutions 15/18, 16/23, and 16/4. In this connection, we would like to draw the attention of your Excellency’s Government to information we have received regarding the alledged torture and ill- treatment of Mr. Mahmudur Rahman while in police custody and the alledged sealing and closure of the printing press of the Bangladeshi newspaper Amar Desh. According to the information received: On 11 April 2013, Mr. Mahmudur Rahman, the interim Editor of the Bangladeshi newspaper Amar Desh (Daily Amardesh) and human rights defender, was arrested at his office. It is reported that since that day, the Government has sealed and closed the newspaper’s printing press. -
Employment Act
LAWS OF KENYA EMPLOYMENT ACT CHAPTER 226 Revised Edition 2012 [2007] Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org [Rev. 2012] CAP. 226 Employment CHAPTER 226 EMPLOYMENT ACT ARRANGEMENT OF SECTIONS PART I – PRELIMINARY Section 1. Short title. 2. Interpretation. 3. Application. PART II – GENERAL PRINCIPLES 4. Prohibition against forced labour. 5. Discrimination in employment. 6. Sexual harassment. PART III – EMPLOYMENT RELATIONSHIP 7. Contract of service. 8. Oral and written contracts. 9. General provision of contract of service. 10. Employment particulars. 11. Statement of initial particulars. 12. Statement on disciplinary rules. 13. Statement of changes. 14. Reasonably accessible document or collective agreement. 15. Informing employees of their rights. 16. Enforcement. PART IV – PROTECTION OF WAGES 17. Payment, disposal and recovery of wages, allowances, etc. 18. When wages or salaries due. 19. Deduction of wages. 20. Itemised pay statement. 21. Statement of statutory deductions. 22. Power to amend provisions on pay and statements of deductions. 23. Security bond for wages. 24. Death of an employee. 25. Repayment of remuneration wrongfully withheld or deducted. PART V – RIGHTS AND DUTIES IN EMPLOYMENT 26. Basic minimum conditions of employment. 27. Hours of work. 28. Annual leave. 29. Maternity leave. 30. Sick leave. E7 - 3 [Issue 1] CAP. 226 [Rev. 2012] Employment Section 31. Housing. 32. Water. 33. Food. 34. Medical attention. PART VI – TERMINATION AND DISMISSAL 35. Termination notice. 36. Payment in lieu of notice. 37. Conversion of casual employment to term contract. 38. Waiver of notice by employer. 39. Contract expiring on a journey may be extended. -
Press Freedom Dynamics in Bangladesh
Chapter 7 Press Freedom Dynamics in Bangladesh Amina Khatun, Janina Islam Abir, Mofizur Rhaman & Md. Golam Rahman This chapter explores the state of freedom of expression and press freedom in Bangla- desh and how religion, in particular, influences these issues. More specifically, through content analyses of some selected newspapers and in-depth interviews with journal- ists, experts and civil society representatives, this chapter reveals the barriers to press freedom and how the politics of religion is related to press freedom and freedom of expression in the country. Past political situations, especially military rule and the struggle for democracy, have created an unstable situation for the press in Bangladesh. Moreover, religious extremism, intolerance and politics of religion jeopardize the socio-political situa- tion of the country time and again. The period from February to March 2013 was particularly decisive as the people at this time became sharply divided on the issue of International War Crimes Tribunal1 and its first verdict in the case of Abdul Quader Mollah2. Millions of people gathered at Shahbug Square3 for more than two months and stayed there day and night, chanting slogans in favour of justice for war heroes and ensuring capital punishment for war criminals. People from all walks of lives, mainstream media as well as social media, became part of the movement. There was, of course, a section of people and media who played a more subtle role and spoke out against this movement, and the media soon became a battlefield where the war was fought by different stakeholders – proponents as well as opponents of the International War Crimes Tribunal. -
Multi-Tiered Marriage: Ideas and Influences from New York and Louisiana to the International Community
CORE Metadata, citation and similar papers at core.ac.uk Provided by bepress Legal Repository MULTI-TIERED MARRIAGE: IDEAS AND INFLUENCES FROM NEW YORK AND LOUISIANA TO THE INTERNATIONAL COMMUNITY Joel A. Nichols* ABSTRACT This Article contends that American society needs to hold a genuine discussion about alternatives to current conceptions of marriage and family law jurisdiction. Specifically, the Article suggests that the civil government should consider ceding some of its jurisdictional authority over marriage and divorce law to religious communities that are competent and capable of adjudicating the marital rites and rights of their respective adherents. There is historical precedent and preliminary movement toward this end -- both within and without the United States -- which might serve as the framework for further discussions. Within the United States, the relatively new covenant marriage statutes of Louisiana, Arizona, and Arkansas provide a form of two-tiered marriage and divorce law. But there is even an earlier, and potentially more fulsome, example in New York’s get statutes. New York’s laws derive from civil statutes that deal with specific problems raised by the intersection of civil law and Jewish law in marriage and divorce situations. New York’s laws implicitly acknowledge that there are multiple understandings of the marital relationship already present among members of society. These examples from within the United States lay the groundwork for a heartier discussion of the proper role of the state and other groups with respect to marriage and divorce law. As part of that discussion, the Article contends that the United States should look outward, to the practices of other countries. -
November 24, 2009
Dhaka, 02 May 2021 Government interference in the media must stop and repressive ICT Act and DSA must be repealed Odhikar’s Statement on the occasion of World Press Freedom Day 2021 3 May is World Press Freedom Day, as recognised by the United Nations. This year’s theme for World Press Freedom Day, “Information as a Public Good”, serves as a call to affirm the importance of cherishing reliable information as a public good. However, while this day is being commemorated all over the world, the freedom of the media has been severely endangered and threatened by disrupting the free flow of information and authentic and objective news distribution in Bangladesh. The ruling Awami League government controls most of the media, especially electronic media, through its supporters and affiliates who own the media houses. As a result, the publication of fair and objective news is being hampered and there is an extreme deficit in maintaining the professionalism of the neutral media. Most of the mass media in the country are subservient to the government and ruling party; and are distorting information against the opposition political parties/organisations and dissidents. Meanwhile, the government continues to put pressure and intimidation on a few media outlets trying to operate independently. Pro-opposition electronic and print media – Channel 1, Diganta TV, Islamic TV and Amar Desh – have been shut down by the current government for many years. Due to the lack of freedom of the press, journalists are being attacked and harassed in different ways, including having false cases filed against them. According to data collected by Odhikar, from 1 January 2009 to 31 March 2021, a reported total of 16 journalists were killed, 1,100 were injured, 346 were assaulted, 386 were threatened and cases were filed against 318 journalists while performing their professional duty. -
Media Release: Pakistan
International JACQUELINE PARK IFJ Asia-Pacific Director Federation ELISABETH COSTA of Journalists General Secretary Situation Report: Bangladesh, December 2012 Journalism in the Political Crossfire The deeply polarising effect of politics in Bangladesh has been felt in various domains, the media included. As Bangladesh prepares for another round of general elections to the national parliament at the end of 2013, political discord and disharmony are rising. The years since the last general elections in 2008 have been politically stable since the Awami League (AL), the party that led the country’s movement for liberation from Pakistan, has secured alongside its allies, an impregnable majority in parliament. But there has not been any manner of political concord. Opposition boycotts of the proceedings of parliament and allegations of unfair pressures on political and civil society elements inclined towards the opposition, have been frequent. In June 2011, the Government of Sheikh Hasina Wajed piloted the Fifteenth Amendment to the Constitution through Bangladesh’s parliament, providing another potential flashpoint for acrimony as elections near. Among other things, the Fifteenth Amendment does away with the process of conducting national elections under a neutral caretaker government. It reaffirms Islam as state religion, but then enshrines the values of secularism and freedom of faith. It officially raises Sheikh Mujibur Rahman to the status of “father of the nation”, mandates that his portraits will be displayed at key sites of the Bangladeshi state and the offices of its main functionaries, and incorporates into the official text of the constitution, two historic speeches that he made in March 1971 as Bangladesh broke away from Pakistan. -
10 06 04 Bangladesh
For immediate release – 4 June 2010 PRESS RELEASE Bangladesh: Opposition Newspaper Raided by Police And Forced to Close ARTICLE 19 is deeply concerned that daily newspaper Amar Desh has been forced to close after 200 police entered the printing press in the middle of the night and halted production. Police entered the printing press and the newspaper’s office following the government’s cancellation of Amar Desh’s licence to publish. Deputy Commissioner of Dhaka, Muhibul Haque ordered the cancellation following a dispute between the acting-editor and the publisher. Acting editor Mahmudur Rahman was also arrested in the raid and has been charged with resisting arrest, assault, and obstruction. Acting-editor Rahman worked as an energy advisor to the previous Prime Minister Khaleda Zia and the Bangladesh National Party, who were in government from 2001 to 2006. Since the Awami League came to power in 2006, Amar Desh has aligned with the opposition, and staff have been charged with more than 20 counts of criminal defamation. Amar Desh’s licence was cancelled by the deputy commissioner under Article 5 and 7 of the 1973 Printing Presses and Publications (Declaration and Registration) Act on the grounds that it has “no publisher”. The previous publisher, Hashmat Ali, had lodged a complaint on 1 June claiming that although he had left the newspaper, it continued to publish under his name, and may attract new criminal defamation cases against him as proprietor. Staff staged a sit-in when police later raided the newspaper. Speaking to ARTICLE 19, -
Problems in the Criminal Investigation with Reference to Increasing Acquittals: a Study of Criminal Law and Practice in ANDHRA PRADESH
Problems in the criminal investigation with reference to increasing acquittals: A Study of Criminal Law and Practice IN ANDHRA PRADESH Submitted by Dr.K.V.K.Santhy Co-ordinator NALSAR University of Law Justice City, Shameerpet – 500 078 R.R.District, Andhra Pradesh, India Problems in the criminal investigation with reference to increasing acquittals: A Study of Criminal Law and Practice Research Team Project Director : Professor Veer Singh, Vice Chancellor, NALSAR, University of Law Project Coordinator : Dr. KVK Santhy, Assistant Professor, (Criminal Law) NALSAR, University of Law Project Chief Executive : Prof. Madabhushi Sridhar, NALSAR NALSAR, University of Law Researcher : Mr.D.Balakrishna, Asst.Professor of Law NALSAR, University of Law Student Researchers : Ms.Nidhi Malik, BA LLB (Hons.) 5th year Ms.Sruthi Namburi, BA LLB (Hons.) 3rd year Ms.Arushi Garg, BA LLB (Hons.) 3rd year Ms.Shuchita Thapar, BA LLB (Hons.) 3rd year Ms.Harmanpreet Kaur, BA LLB (Hons.) 3rd year Ms.Himabindu Killi, BA LLB (Hons.) 3rd year Ms. Prianca Ravichander, BA LLB (Hons.) 3rd year Ms.Prarthana Vaidya, BA LLB (Hons.) 3rd year Acknowledgements We are greatly indebted to BPRD (Govt. of India) for giving this opportunity to work upon an important and contemporary topic defects in the investigation. We are grateful to Honorable Sri. Justice B.Chandra Kumar, Judge , High Court of Andhra Pradesh, and Honorable Sri. Justice Goda Raghuram, Judge, High Court of Andhra Pradesh for giving us valuable suggestions to improve the system of investigation. We are highly thankful to Dr. Tapan Chakraborthy, Asst Director, BPRD for the constant guidance and encouragement provided to us all through the project. -
Maritime Security Act 2019
REPUBLIC OF NAURU MARITIME SECURITY ACT 2019 _____________________________ No. 31 of 2019 ______________________________ An Act to make provision for improved Maritime Security and for related purposes. Certified: 20th December 2019 Table of Contents PART 1 – PRELIMINARY .................................................................................................................3 1 Short Title ................................................................................................................................3 2 Commencement .......................................................................................................................3 3 Objectives ................................................................................................................................3 4 Application ...............................................................................................................................3 5 Interpretation ............................................................................................................................4 PART 2 – ADMINISTRATION AND GENERAL PROVISIONS......................................................... 14 6 General duties and powers ..................................................................................................... 14 7 Security Levels ....................................................................................................................... 15 8 Declarations of Security ......................................................................................................... -
The Use of Excessive Force During Bangladesh Protests WATCH
HUMAN RIGHTS BLOOD ON THE STREETS The Use of Excessive Force during Bangladesh Protests WATCH Blood on the Streets The Use of Excessive Force during Bangladesh Protests Copyright © 2013 Human Rights Watch All rights reserved. Printed in the United States of America ISBN: 978-1-6231-30404 Cover design by Rafael Jimenez Human Rights Watch is dedicated to protecting the human rights of people around the world. We stand with victims and activists to prevent discrimination, to uphold political freedom, to protect people from inhumane conduct in wartime, and to bring offenders to justice. We investigate and expose human rights violations and hold abusers accountable. We challenge governments and those who hold power to end abusive practices and respect international human rights law. We enlist the public and the international community to support the cause of human rights for all. Human Rights Watch is an international organization with staff in more than 40 countries, and offices in Amsterdam, Beirut, Berlin, Brussels, Chicago, Geneva, Goma, Johannesburg, London, Los Angeles, Moscow, Nairobi, New York, Paris, San Francisco, Tokyo, Toronto, Tunis, Washington DC, and Zurich. For more information, please visit our website: http://www.hrw.org AUGUST 2013 978-1-6231-30404 Blood on the Streets The Use of Excessive Force during Bangladesh Protests Map of Bangladesh ...................................................................................................................... i Summary ................................................................................................................................... -
Annual Human Rights Bulletin- Bangladesh Situation 2017
Annual Human Rights Bulletin Bangladesh Situation 2017 HUMAN RIGHTS SUPPORT SOCIETY [HRSS) www.hrssbd.org Annual Human Rights Bulletin Bangladesh Situation 2017 HUMAN RIGHTS SUPPORT SOCIETY (HRSS) www.hrssbd.org Annual Human Rights Bulletin Bangladesh Situation 2017 HRSS Any materials published in this Bulletin May be reproduced with acknowledgment of HRSS. Published by Human Rights Support Society 3D, 3rd Floor, Nurjehan Tower Outer Circular Road, Banglamotor Dhaka-1000, Bangladesh. Email: [email protected], [email protected] Website: www.hrssbd.org Cover & Graphics [email protected] Published in July 2018 Price: TK 200 US$ 10 ISSN-2413-5445 BOARD of EDITORS Md. Nur-KKhan Adviser Md. Nazmul Hasan Editor Executive Editors Md. Omar Farok Md. Imamul Hossain Research & Publication Advocacy & Networking Aziz Aktar Md. Saiful Islam Monitoring & Documentation Fact findings and Investigation Acknowledgments States are the most responsible authorities to protect the rights of citizens with the help of law enforcement agencies so that people can enjoy their rights. The government is the legitimate custodian and savior of the civil rights of all its citizens. According to social scientists, when a state fails to ensure the protection of human rights of its citizens, it is considered as failed state. The United Nations possesses the authority to monitor the actions of member States for the protection and promotion of human rights around the globe. Bangladesh, as a member of the United Nations and signatory to a large number of international human rights treaties and conventions, has an obligation to ensure the rights of its people. Moreover, a number of universally declared human rights have been guaranteed in Part-III of the Constitution of the People’s Republic of Bangladesh.