VIOLATION OF FUNDAMENTAL RIGHTS BY PREVENTIVE DETENTION: AN OVERVIEW

ABSTRACT

This dissertation is focused on the violation of fundamental rights in the preventive detention of Bangladesh. This dissertation corely tries to analyze critically few fundamental rights of preventive detention, suspension of fundamental rights during emergency .Some cases regarding this rights also be studied in this dissertation. Finally some recommendations have been placed.

The frames of Bangladesh have been discussed in Article basis starting from the preamble of the constitution. The frames of these constitutions practically show concern for necessity of protecting human rights and ensuring fundamental freedoms. In the preamble of the constitution they declared that it shall be a fundamental object of the state to realize through the democratic process a society free from exploitation, a society in which the rule of law, the fundamental human rights and freedom, equality and justice, political, Economical and social will be secured for all citizens. The term fundamental right is a technical one, for when certain human rights are written down in a constitution and protected by constitutional guarantees they are called fundamental rights. They are called fundamental rights in that sense that they are placed in the supreme or fundamental law of the land which has a supreme society over all other law of the land. Article 26 to 47 of Bangladesh constitution confers a number of substantive fundamental rights on every citizen of Bangladesh e.g. the right to freedom of expression, assembly, association, movement and profession. Fundamental Rights The fundamental rights of the people of Bangladesh have been enshrined in the constitution of the country. All past laws inconsistent with these rights were made void by the Constitution, and it enjoined upon the State not to make any law inconsistent with these rights. Certain rights may, however, remain suspended under the provisions of articles 141(a), 141(b) and 141(c) during an emergency arising out of a threat to the country’s security or economic life.

Bangladesh is not a classical case of civil rights. The level of awareness about the fundamentals of civil rights is still very poor. At the same time, civil rights of the people have been neither clearly defined nor practiced, as the Western theory of such rights does not match in the Bangladesh perspective. In a society like this where most people do not afford to fulfill basic needs of the families, the question of traditional notions of civil rights appears to be a sheer fashion, let alone establishment of the superstructure of the society.

TABLE OF CONTENTS

DESCRIPTIONS	Page No.
CHAPTER-01 INTRODUCTION
1.1 Introduction	01
1.2 Statement of Research Monograph	03
1.3 Research Question	04
1.4 Objective of the Study	05
1.5 Justification	05
1.6 Methodology of the study	06
1.7 Limitation of the work	06
CHAPTER-02 CONCEPTUAL ISSUES
2.1 Definition Human rights	07
2.2 Definition fundamental rights?	07
2.3. Nature of Fundamental Rights	07
2.4. Classification of Fundamental Rights	08
2.5 Fundamental Rights in Bangladesh constitution	09
2.6 Preventive Detention: Meaning and Definition	09
2.7 Nature of Preventive Detention	12
2.8 Justification of Preventive Detention	13
2.9 History of Preventive Detention	15
2.10 History of Preventive Detention	16
CHAPTER-03 Preventive Detention and Fundamental rights
3.1 Preventive Detention Contrary to Rule of Law	18
3.2 Modification of rights in respect of disciplinary law	19
3.3  Preventive Detention Contradictory to Fundamental Right	20
3.4 Constitutional Right Act’s	24
CHAPTER-04 Supremacy of the Fundamental Rights and Preventive Detention
4.1 Imposition of Restriction over Fundamental Right	27
4.2. The Enforcement of the Fundamental Rights	28
CHAPTER-05 Remedies available against preventive detention
5.1 Constitutional Remedies	29
5.2 Judicial Remedies	31
CHAPTER-06 CASE STUDY	34-36
CHAPTER-07 Recommendations & Conclusion
7.1 Recommendations	37
7.2 Conclusion	38
Bibliography	39