“The Expansion of the Scope of Right to Life by Judicial Interpretations: A Critical Appraisal”

Abstract

This research monograph seeks to analyze the Right to Life in Bangladesh. After the liberation war it was not easy to stand up for Bangladeshi in the global arena. It took us long time to have a healthy legal field. We have achieved so many things. Independence of judiciary is one of them. Our country people rush to the court to restore their rights if violated any. Right to life is one of the major factors which are increase day by day. Right to life and personal liberty means right to lead one’s life, no interference of others in any lawful work. Member of the law enforcement agencies are often accused of abusing their powers and defying human rights especially right to life and personal liberty. They are violating the fundamental rights, which are guaranteed by the Constitution of Bangladesh specifically provided the provision of Right to life under art 31 and 32. But there is no specific provision in the Penal Code, the Code of Criminal Procedure, Bengal Police Regulation and the Police Act, 1861 to punish the person who is in the law enforcing agencies violating the rights. The majority of the people’s right and liberty infringement by the law enforcing agencies are from very poor economic background. There are some loopholes in the existing laws and the law enforcing agencies taking advantage on those grounds. The main causes to infringement of right to life and personal liberty is corruption, political influence and lack of human training. The solution of this problem is proper use of laws, human training, moralization, establishing the code of conduct and accountability should be increased for the law enforcing agencies. Once the security forces are made accountable to the people, the rate of people’s right to life and personal liberty violations more over Human Rights violations in Bangladesh will be decreased. In this research paper I have pointed out that the right to life is very essential for the practical perspective and there should have separated laws for dealing with this matter. That can be the ultimate way out of this violation and punishing the violators as well as on this way people can get their rights. This research paper is ended with a summary of major findings and concluded with few possible recommendations.