VIOLATION OF HUMAN RIGHTS:
A sample research monograph submitted for partial fulfillment of the requirements for the degree of Master of Laws (LLM)
Department of Law
University of Rajshahi
All praises are for the Almighty Allah who has given me the opportunity and ability to conduct this research. In fact, without His special grace and blessing, it wouldn’t have been possible for me to complete this work.
I would like to express my deepest sense of appreciation and gratitude to my respected teacher and supervisor ……… for his advice, guidance, valuable suggestions and very useful comments on the earlier drafts of this research and for constant encouragement throughout the whole period of preparation of this final research monograph. I am indebted to him as without his help it would not be possible for me to carry out the study.
Finally, I would like to offer my heartiest thanks to my teachers, parents, classmates and well-wishers for their assistance, encouragement and support in compilation of this research monograph.
I do hereby declare that the research titled “PREVENTIVE DETENTION AND VIOLATION OF HUMAN RIGHTS: BANGLADESH PERSPECTIVE” submitted to the Department of Law, University of Rajshahi, as a candidate for a degree of LLM, is an original research work done by me. No part of the research monograph, in any form, has been submitted to any other university or institution for any degree or diploma, or has been published in the form of a book or an article anywhere.
Roll No. ……………..
LIST OF ABBREVIATIONS
AD = Appealate Division
AIR = All India Reports
Art. = Article
CrPC = Code of Criminal Procedure
DLR = The Dhaka Law Reports
Govt. = Government
HRD = High Court Division
MLR = The Mainstream Law Reports
PIL = Public Interest Litigation
SC = Supreme Court
SPA = Special Power Act
Bangladesh is one of the few countries in the world which allows preventive detention even during non-emergency periods. Since Independence preventive detention has been the most used tool in case of violation of Human Rights. Irrespective of any forms of government which has been in power in Bangladesh, has used this as a mean of political exploitation. Each of them have failed miserably to stop the endemic problem regarding preventive detention. However, this is against the spirit of our constitution, democracy and the rule of law. Despite various legal safeguards against preventive detention, the practice of malicious preventive detention is rampant in Bangladesh.
The study aims to show how the rights are violated through preventive detention and how the legal authorities are abusing their powers. In my research I want to highlight the definition and scope of preventive detention, its historical development, its nature and our constitutional safeguards for it. I will also highlight why preventive detention is a necessary evil for our country. I will cite the leading cases relating to preventive detention in Bangladesh and while emphasizing on the recommendations given by the Supreme Court. And lastly I will also give my recommendation on how we can put chains on this blackest of the black laws.