Law and Policy Review

Legal Personality of Rivers in Bangladesh and India

Umar Faruque Siddiki, Tamanna Aziz Tuli — Fri, 22 Nov 2024 11:02:13 +0000

The emerging scholarship of river personification, which envisions rivers as a subject of law, arguably leads to a theoretical and legal reconceptualisation of the predominant human–nature binary (Hutchison, 2014). This paper aims to delve into the theoretical underpinning of the legal personality of rivers in light of some recent judicial decisions declared by the courts in Bangladesh and India. The paper begins with a discussion of a judgement by the High Court Division of the Supreme Court of Bangladesh that has conferred legal personality to all the rivers in Bangladesh (Human Rights & Peace for Bangladesh vs Bangladesh, 2019). It then draws a comparative study with the decision of the Uttarakhand High Court on the legal personality of the rivers Ganges and Yamuna. Furthermore, the paper examines the current trend of personifying rivers to understand how this new trend initiates a different understanding of the river and contributes to shifting the rivers’ right paradigm from anthropocentrism to ecocentrism. The study critically engages with anthropocentrism and argues that a purely anthropocentric framework is insufficient to understand the issues facing rivers in Bangladesh today.

Inheritance Rights of Orphaned Grandchildren under Section 4 of Muslim Family Law Ordinance, 1961 and its Alternative Solutions

Haseeb Fatima — Tue, 19 Nov 2024 06:56:56 +0000

Islamic law of inheritance has extensively explained the entitlement and shares of different legal heirs in the estate of the deceased person. The shares of heirs are fixed and Allah Almighty knows its wisdom. Humans cannot meticulously comprehend its logic. For inheriting the share in the estate of propositus, the heir must be in nearer degree to the deceased person and must be alive at the time of the opening of the succession. However, heirs who are in distant relation to the deceased and also who are not alive upon the demise of the deceased are excluded from inheritance. In the classical law of inheritance, children of predeceased son/daughter (i.e., grandchildren) do not inherit any share from the estate of propositus if the direct children (sons or daughters) of the deceased are still alive. Therefore, for the protection of the inheritance rights of orphaned grandchildren, Section 4 of the Muslim Family Laws Ordinance 1961(hereinafter MFLO) was enacted. Section 4 grants a share to orphaned grandchildren under the principle of representational succession. This provision of law deviates from the traditional scheme of inheritance. Finally, in the case of Allah Rakha v. Federation of Pakistan (2000), the Federal Shariat Court declared it an un-Islamic provision of law. This article explores the place of orphaned grandchildren in the classical Islamic law of inheritance. It also examines the representational succession under Section 4 along with its different alternatives. This article concludes that Section 4 is a controvertible provision and its judicial construction is also multiplicate. Therefore, it is the responsibility of the state to devise welfare schemes for redressing the economic grievances of orphaned grandchildren.

Examining the Legality of Surrogacy in Pakistan: An Analytical Perspective of Islam

Tue, 10 Dec 2024 10:48:37 +0000

The practice of surrogacy is prevalent worldwide, but it has yet to gain recognition in Pakistan. This study aims to explore the potential for recognizing surrogacy in Pakistan, examining its current status and the reasons it has been largely ignored. As a country founded on Islamic ideology, the practice of surrogacy needs to be justified according to the injunctions of the Holy Quran and Sunnah. This study explores whether the traditions of surrogacy in Abrahamic religions provide any jurisprudential grounds for its implementation in Pakistan. It also discusses the impact of increasing practice of surrogacy in other jurisdictions on Pakistan’s legal system. To understand why there is lack of recognition and legislation regarding surrogacy in Pakistan, this study critically analyzes its societal and cultural acceptance in the context of Islamic society. It examines reasons why surrogacy is treated as a taboo in Pakistan’s parliament and judicial system. In order to thoroughly understand these issues this study examines how the legal system in Pakistan works and how the laws are created. It critically analyses the judicial precedents in Pakistan and briefly explains its legal system to fathom the perimeters how law is created and enforced.

Sovereignty vs Human Rights: Legal Conflicts on Global Stage

Usama Shakoor — Mon, 23 Dec 2024 08:13:20 +0000

The following research analyzes the conflict between the sovereignty of a state and the human rights of citizens. These two terms often clash within international law and politics because they severely affect nations all over the world. The article examines the effectiveness of human rights, and extent to which it is implemented in the legal and political frameworks of nations. It also discusses the major differences in policies between developing countries and underdeveloped countries and concludes that certain nations prioritize sovereignty over human rights and vice versa. The research uses a qualitative case study approach to analyze the imbalance between sovereignty and human rights in some regions. The article uses the case studies of Palestinians, Kashmiris, and Uyghur Muslims in China to highlight the ongoing conflicts in these regions to analyze the relationship between the states’ right to self-governance and human rights. It aims to understand the conflict on a deeper global level by comparing these cases. It also discusses the legal frameworks related to the cases. It identifies the role of international organizations and recommendations for the international community in resolving conflicts that arise due to a clash between state sovereignty and human rights. The comparative analysis of the case studies reveals that the implementation and enforcement of human rights are affected by the political, economic, or geographical interests of nations and possibly organizations that are meant to protect human rights. The study recommends changes in international frameworks to ensure the protection of human rights as well as balance them with the state sovereignty of the conflicted nations.

Comparative Analysis of the Intellectual Property Rights of Three Former British Colonies of the Sub-Continent- Bangladesh, India, and Pakistan

Muhammad Haris Abbas — Thu, 02 Jan 2025 05:23:08 +0000

The study examined the intellectual property rights, judicial effectiveness, and freedom of investment in the three British colonies of Asia-Pakistan, India, and Bangladesh. The aim of the study was to assess the progress these countries have made in protecting intellectual property rights, enhancing judicial effectiveness, and promoting freedom of investment. For this purpose, the researcher collected data from two international platforms: the International Property Right Alliance and the Economic Index of The Heritage Foundation, covering the last ten years excluding 2024, due to the unavailability of data for that year. Researcher comparatively analyzed the data from 2014-2023 on the protection of intellectual property rights, judicial effectiveness, and freedom of investment. Based on the analysis, the researchers concluded that the protection of intellectual rights is strongest in India, followed by Pakistan, and then Bangladesh. Using a seven-point Likert scale, India was found to be at the middle level of protection, Pakistan at middle to low level and Bangladesh at the lowest level of protecting intellectual rights. However, there is a negative significant relationship found between the protection of intellectual property rights and judicial effectiveness, but there is a positive significant relationship between freedom of investment and protection of intellectual rights.

From Bytes to Rights: Enforcing Digital Human Rights through International Law

Showkat Ahmad Mir, Fouzia Khaliq, Zeeshan Ashraf — Mon, 23 Dec 2024 11:11:01 +0000

Digital human rights require careful definition and protection in the contemporary digital landscape. This research employs a jurisprudential analysis based on international law to clarify the evolving nature of digital human rights. Through a methodological approach encompassing a legal framework review, case study analysis, and policy recommendations, the intricate relationship between technology and human rights is examined. Key findings emphasize the importance of international law in protecting digital human rights while also identifying existing legal deficiencies and obstacles. The research further underscores the transformative potential, and associated risks, of artificial intelligence and machine learning. The conclusion presents a future-oriented perspective, advocating for international collaboration and substantial revisions to existing legal frameworks to promote a digital environment that respects human rights. The research also encourages further investigation into the ethical dimensions of emerging technologies, emphasizing the need for innovation guided by human rights principles.

The Trends and Challenges of Globalization in Central Asia: Exploring Economic and Political Dimensions

Jawwad Riaz, Freeha Naz — Thu, 02 Jan 2025 05:40:38 +0000

Central Asia consists of Kazakhstan, Kyrgyzstan, Turkmenistan, Tajikistan and Uzbekistan and has emerged as a cardinally vital region mainly because of its contiguity to major powers like China and Russia. It is also significant for both the Eastern and Western block’s reliance on the region's oil, natural gas, and coal reserves. Moreover, despite the abundance of these minerals and metals, Central Asian Republics (CARs) desperately need to enhance their infrastructure and transportation means to connect the rest of the world being landlocked. After the disintegration of the USSR, the Central Asian region was prone to globalization for greater socio-economic and cultural integration not only in the region but across the globe as well. From an economic point of view, the region has enhanced its connectivity, but politically, Central Asian States are still autocratic. The process of democratization is still at a slow pace. The basic aim of the article is to see the trends of globalization in Central Asia while keeping in view the economic and political dimensions. This article gives insights into the role of greater and regional powers like Russia, China, the US, EU, Turkey, India, Pakistan, and Afghanistan to influence the Central Asian States. It also studies the impact of regional and global organizations and the role of oil and gas in the process of globalization. This is a purely qualitative study that has utilized facts and figures collected by the various international regimes. This article also suggests recommendations on how Central Asian Republics (CARs) can grab the opportunities emanating from globalization.

Prospect of Using Technology to Enhance Access to Justice: Comparative Analysis between Pakistan and Indian Legal System

Shah Jalal ud Din — Thu, 02 Jan 2025 05:36:49 +0000

Technology for justice is now the emerging concept in the global legal systems to ameliorate access to justice. This research aims to explore the potential of using technology to promote access to justice in legal systems of Pakistan and India. The study examines the potential of technology to promote access to justice to the extent of economic and geographical aspects. The study examines the technological initiatives and development of e-courts, e-filing, video conferencing and other initiatives of legal services that have the potential to promote access to justice in the legal system. The study is based on a qualitative framework with comparative design to look into the debate of interaction of law and technology in both countries from a neutral perspective. The research is culminated into four sections: the first one renders the conceptual framework of the study, the second one expedites the Indian account, the third one purveys the account of Pakistan and the fourth one finally resorts to comparative analysis that further follows the conclusion that advocates for using a hybrid model proposed by Susskind.