Interpretation and Protection of Human Rights in Modern Perspective With Special Reference to Criminal Justice in Bangladesh

Abstract

The horrors of the two World Wars in less than two and half decades shocked the very conscience of humanity and compelled the wisdom of the age to rethink seriously for the propagation and protection of human rights. This resulted into the establishment of the United Nations with the aim of providing and promoting rights of all men, women and children all over the world. It is also the concern of the democratic states to safeguard the fundamental human rights of the people. As a result, a series of declarations, conventions and covenants regarding protection of human rights have been and are being adopted by the United Nations and States Parties are implementing the provisions of those instruments with a view to protecting the rights of the people. There are international and national laws to help the people to protect and promote their rights. In case of infringement of their rights, the victims may have the right to regain their lost rights through national or international courts. The states are duty bound to protect peoples' human rights. But inspite of that, human rights are being violated throughout the world including Bangladesh. This thesis examines the provisions of the international instruments on human rights which have been ratified by Bangladesh including the International Bill of Human Rights. It also examines the provisions of Constitution of Bangladesh relating to fundamental rights and their implementation. It analyses the misuse of powers by misapplication of law by the executives in Bangladesh. It identifies the laws which are contrary to human rights and suggests the government to amend those laws. It also proposes to the government to take proper and immediate measures for separation of powers. The thesis further evaluates the role of Police of Bangladesh who sometimes indulge in violation of rights instead of protection of the rights of the people. The study finds out the causes and suggests necessary measures against such violation In Bangladesh women and children very often become the victims of violations of human rights, though there are law like Prevention of Repression against Women and Children Act 2000. This thesis tries to identify the nature and causes of violation against women and children through case studies. A survey has been conducted in some selected factories and the survey reveals that in garment factories women are the victims of discrimination as regards salary. This thesis suggests proposal for elimination of discrimination against women and girls workers. The thesis recognizes the active role of the human rights NGOs which are providing relentless and selfless service to the victims of violation of human rights. It evaluates the activities of some selected NGOs and assesses their contributions which include legal, financial, rehabilitational, counseling, arbitration and medical assistance. The study reveals that NGOs are rendering laudable service, which is possible due to cooperation and non -interference of the government. In the non­existence of such NGOs in Bangladesh, protection of human rights would not be possible. At the last chapter, the thesis suggests recommendations so that the victims are not deprived of receiving criminal justice.