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