http://dspace.ewubd.edu:8080/handle/2525/2923 Sun, 05 Apr 2026 18:05:11 GMT 2026-04-05T18:05:11Z http://dspace.ewubd.edu:8080/handle/123456789/4800 Muslim Mother’s Right to Custody of Children: A Comparative Analysis of Judicial Precedents of the 21st Century in Bangladesh and India Pranto, Sreenath Mitra This paper examines different reasons behind judicial decisions in Bangladesh and India, focusing on their identical legal frameworks regulating the custody rights of Muslim mothers. It’s found that both countries follow Hanafi Islamic law, the Guardians and Wards Act of 1890, and have signed the Convention on the Rights of the Child. Despite these similarities, women still face greater difficulties getting custody in Bangladesh than in India. This paper highlights the differences and similarities in judicial reasoning and suggests best practices that Bangladeshi judges could adopt from India. Additionally, the analysis of judgments from the 21st-century Bangladesh Supreme Court and High Court Divisions reveals a strict application of traditional rules by the Family Court, which automatically transfers custody to the father at seven years, disqualifies the mother’s remarriage without considering specific circumstances, and permits the father’s financial capacity to override the mother's rights of custody of her children. Conversely, the Indian court views conventional rules as rebuttable presumptions and considers emotional attachment, caregiving capacity, and psychological impact systematically. However, this divergence in judicial approaches is important because it determines whether thousands of mothers receive genuine custody protection or lose their rights automatically. The main findings of this paper are that courts read the same laws differently and resulting in various outcomes. It concludes that Bangladeshi courts, especially the Family Court, tend to mechanically apply traditional laws, whereas Indian courts adopt a welfare-oriented analysis focused on the child’s best interests. Finally, this paper offers some practical recommendations advocating for judges to scrutinize current laws more thoroughly instead of enacting new legislation. Hence, this approach could allow Bangladesh to strengthen mother’s custody rights through court flexibility by prioritizing specific facts over strictly applying rigid rules. This thesis submitted in partial fulfillment of the requirements for the degree of Bachelor of Law in East West University, Dhaka, Bangladesh Sat, 13 Dec 2025 00:00:00 GMT http://dspace.ewubd.edu:8080/handle/123456789/4800 2025-12-13T00:00:00Z http://dspace.ewubd.edu:8080/handle/123456789/4799 Freedom of Expression vs Hate Speech: A Comparative Analysis under ICCPR and Bangladesh Constitution Joy, Md. Sarwar Jahan This research investigates the intricate connection between freedom of expression and hate speech under the Bangladesh constitution and the International Covenant on Civil and Political Rights (ICCPR). It examines the ways in which the right to free speech may conflict with efforts to combat hate speech, as well as how various nations interpret and balance these rights within their legal frameworks. By applying concepts from international human rights law, comparative constitutional law, and legal theory, the research aims to clarify where the distinction should be drawn between safeguarding speech and forbidding incitement to hatred. The research focuses on how Article 19 and 20 of the ICCPR and Article 12 ,22 and 39 of Bangladesh Constitution are applied in various national contexts, especially in countries with contrasting legal, cultural, and political traditions. The analysis includes case studies from democratic and developing nations to illustrate different legal approaches and the challenges in enforcing these rights without undermining social cohesion or human dignity. Findings suggest that many governments struggle to define hate speech clearly while safeguarding legitimate expression. The study raises key ethical and legal questions such as whether banning hate speech restricts democratic dialogue or whether unrestricted speech fuels violence and discrimination. By comparing practices in selected countries, the research aims to provide insights into how international standards are localized. Finally, the study offers practical recommendations for states, human rights bodies, and civil society on developing laws and policies that respect freedom of speech while effectively combating hate speech, using the ICCPR as a guiding framework. This thesis submitted in partial fulfillment of the requirements for the degree of Bachelor of Law in East West University, Dhaka, Bangladesh Mon, 15 Dec 2025 00:00:00 GMT http://dspace.ewubd.edu:8080/handle/123456789/4799 2025-12-15T00:00:00Z http://dspace.ewubd.edu:8080/handle/123456789/4798 A Comparative Study on Lifting the Corporate Veil under the Companies Act, 1994 of Bangladesh and the Companies Act 2006 of the United Kingdom Tamanna, Nishat This dissertation compares how courts in Bangladesh and the United Kingdom treat the doctrine of lifting the corporate veil, starting from Salomon v A. Salomon & Co. Ltd and examining the Companies Act 1994 and the Companies Act 2006. The study reviews statutes, leading cases and scholarly writing to show where the two systems agree and where they differ. The UK has moved toward a narrow, principle base approach after Prest v Petrodel Resources Ltd, limiting veil lifting to clear cases of evasion of legal obligations and favoring other legal remedies. In Bangladesh courts apply the doctrine more widely to meet public interest and to combat fraud, tax avoidance and misuse of corporate form, but this produces uneven reasoning. The thesis recommends clearer rules, legislative updates and stronger judicial guidance so veil lifting is used consistently and only when necessary. This thesis submitted in partial fulfillment of the requirements for the degree of Bachelor of Law in East West University, Dhaka, Bangladesh Mon, 15 Dec 2025 00:00:00 GMT http://dspace.ewubd.edu:8080/handle/123456789/4798 2025-12-15T00:00:00Z http://dspace.ewubd.edu:8080/handle/123456789/4797 The Effectiveness of the National Human Rights Commission of Bangladesh: An Analytical Overview (2021-2025) Akter, Msd. Sanjida This study aims to critically examine how effective the National Human Rights Commission (NHRC) has been between 2021-2025, a period characterised by ongoing human rights concerns, political instability, and challenges within the institution itself. The NHRC established under the 2009 Act struggled with limited independence, politicised appointments, financial constraints and legal restrictions on investigating law enforcement agencies, resulting in modest complaint disposal rates but minimal impact on systemic issues such as extrajudicial killings and enforced disappearances. The student protests in 2024, which ousted the Awami League government amid violent repression, exposed the NHRC’s inaction, culminating in the mass resignation of its members in November 2024. Through an examination of NHRC’s annual reports and a comparative assessment with Asian counterparts, including India, Indonesia, and the Philippines, this study identifies structural, political, and resources-related obstacles that hinder compliance with the Paris Principle. The research concludes with recommendations, depoliticized concludes with binding recommendations, and regional expansion to strengthen the institutions. This thesis submitted in partial fulfillment of the requirements for the degree of Bachelor of Law in East West University, Dhaka, Bangladesh Sat, 29 Nov 2025 00:00:00 GMT http://dspace.ewubd.edu:8080/handle/123456789/4797 2025-11-29T00:00:00Z