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EDITORIAL MONDaY, JaNUaRY 21, 2019 4 Acting Editor & Publisher : Jobaer Alam Telephone: +8802-9104683-84, Fax: 9127103 e-mail: editor@thebangladeshtoday.com Monday, January 21, 2019 For sustainable poverty reduction Asurvey conducted at least a decade ago by the United Nations Development Programme (UNDP) mentioned that the percentage of people under the poverty line in Bangladesh had come down to 40 per cent. The UNDP report was quoted in several prestigious foreign newspapers as indicative of greater success in poverty alleviation in Bangladesh during the last decade when neighbouring countries like India and Pakistan seemed to be well behind Bangladesh in this respect. There was noted further success in poverty alleviation in recent years. According to claims made by the Bangladesh Bureau of Statistics (BBS), 31.5 per cent of the people in Bangladesh were living a life below the poverty line. Thus, there was noted significant reduction in poverty under the present government. But according to a very recent report of the World Bank, Bangladesh's poverty rate fell from 82% in 1972, to 18.5% in 2010, to 13.8% in 2016, and below 9% in 2018,as measured by thepercentage of people living below the international extreme poverty line. Thus, the newest survey of poverty in Bangladesh by World Bank is very encouraging to say the least. Nonetheless, 9 per cent of the people still living below the extreme poverty line in a total population of over 160 million do suggest that there is still a considerably large number to be freed from the throes of poverty. Besides, the outcome of thelatest poverty survey cannot be relied on so completely also because the same can mask many unrecognised developments. It may not have taken into account the number of those who fail to sustain in their existence above the poverty line due to all kinds of adversities that afflict their lives including crop failure, flood, cyclones, river erosion, etc. These factors and more make accurate poverty estimation a truly formidable exercise in this country. Thus, there is no room for relaxation from a thinking that anti poverty measures are making a major sustainable impact. The road to sustainable poverty alleviation remains long and hard and policy makers need to apply themselves with even greater dedication to make an irreversible dent in the remaining poverty situation. Winning over poverty in any economy depends crucially on acceleration of economic growth. The rate of economic growth in Bangladesh at nearly6 per cent on average in recent years has been notably better than many other countries. But this growth has been also criticised as skewed. There are allegations that the fruits of growth have been monopolised by relatively smaller sections of the population and even the trickle down theory has not worked so much in the case of Bangladesh. Wealth concentration in a few hands, lack of distributive justice in economic policies and corruption seem to have frustrated the desire to relieve a much bigger number in the population from the pains of poverty. Therefore, policy makers will have to address these issues effectively and at the fastest for conclusive victory against poverty. Improvement of the overall investment climate, extensive introduction of crop insurance, legal barriers to prevent sale of lands and other assets at gross undervalue during times of financial hardships faced by the poor, improved marketing mechanisms to help primary producers to get better value for their produce, ensuring the receipt of official procurement prices of food grains and other cash crops by farmers, much increased availability of institutional credits without corruption among the rural poor at adequately reduced rates of interest, etc. will go a long way in the endeavours towards sustainable reduction of poverty. It appears that the greatest contribution to making rapid progress against the remaining poverty hinges crucially on maintaining political and social stability. The new elected government in the country seems very resolved to implement its developmental plans learning from past mistakes. Therefore, it should be given the space and time to implement its plans without facingharassments such as violent and agitational programmes that would impact adversely on economic activities. The new government appears keen on pushing the economic growth rate to a notably higher level that would no doubt open the gates for much greater opportunities for job creation and income enhancement in the near future. It has set its eye on pulling up the economic growth rate from the present a little over 6 per cent to 10 per cent and even beyond. Needless to say, this government will be enabled to work for the higher growth rate only on finding a sustainable environment of political and social stability. Why Saudi tech startup ecosystem needs the government With roughly two-thirds of its population below 30, Saudi Arabia is increasingly looking toward entrepreneurship as a tool for youth empowerment and a key to generating employment. The focus has turned to entrepreneurship because the GCC countries, which depend on oil income, currently face stiff challenges in the wake of crude price volatility. Entrepreneurship triggers economic development and contributes to the diversification of economies, spurring growth and job creation. Naturally, entrepreneurs strive for innovation that drives competitiveness and business success. The tech startups environment in Saudi Arabia is thriving as a result of a range of converging factors driven by a rich and robust ecosystem of startups, investors, accelerators, incubators, business networks, advisory and mentorship platforms. Much of the credit for these strengths goes to the Saudi government. Ever since the country embarked on the ambitious Vision 2030 journey outlined by Saudi Arabia's Crown Prince Mohammed Bin Salman, there has been no looking back. The Kingdom made headlines after the Public Investment Fund, its sovereign wealth fund, acquired significant stakes in Uber, Lucid Motors and Magic Leap. All three ventures are symbolic of technological innovation at Mian Saqib Nisar has finally retired from his post as chief justice of Pakistan, and Asif Saeed Khosa has been sworn in as his successor. By not only aligning with the invisible forces for the purpose of political engineering but also interfering with the federal and provincial governments, Nisar set a new record for judicial activism. Nisar took the oath of office as chief justice on December 31, 2016, and his tenure was marred by selective accountability and his tendency to insult highly educated government officials and other important figures to satisfy his ego. He insulted doctors and university chancellors and vice chancellors and forced them to resign. During his tenure, he focused only on holding former prime minister Nawaz Sharif and his Pakstan Muslim League-Nawaz accountable. He also heard cases against the chairman of the Pakistan Peoples Party and interfered in the affairs of the PPP government in Sindh; however, Pakistan Tehreek-e-Insaf was given a free hand and it looked as if the courts were used to give clean chits to Prime Minister Imran Khan and his party members. Nisar was media savvy and perhaps he was suffering from an attention-seeking disorder. That would explain why he interacted with the media so frequently, often visiting hospitals and other government institutions in order to remain in the headlines. His Diamer-Bhasha Dam campaign also proved to be just a failed stunt as only 9 billion rupees were collected from the masses. He made some good decisions, such as giving overseas Pakistanis the right to vote, issuing identity cards to transgender people, prohibiting private its helm. Furthermore, the PIF is a significant stakeholder in SoftBank's Vision Fund, dedicated to technology ventures alongside Google, Amazon and others. Over the last few years, the Saudi government has recognized the potential of entrepreneurs and invested heavily in creating a fertile ecosystem by implementing wide-scale public programs focusing on supporting startup technology companies. The tech startups environment in Saudi Arabia is thriving as a result of a range of converging factors driven by a rich and robust ecosystem of startups, investors, accelerators, incubators, business networks, advisory and mentorship platforms. The government has been taking proactive steps to build a robust NaWaF al-SaHHaF infrastructure for entrepreneurs, encouraging innovation and fostering entrepreneurship. It has given special priority to the tech entrepreneurship sector, a key pillar of the diversification of national income sources, sustainable domestic economic growth, job creation, as well as strengthening the Kingdom's The government has been taking proactive steps to build a robust infrastructure for entrepreneurs, encouraging innovation and fostering entrepreneurship. it has given special priority to the tech entrepreneurship sector, a key pillar of the diversification of national income sources, sustainable domestic economic growth, job creation, as well as strengthening the Kingdom's capabilities for moving toward a post-oil economy. schools from charging exorbitant fees, and acquitting alleged blasphemer Asia Bibi. However, his good decisions were tainted by his undue involvement in politics. Nisar did everything that a populist and attention-seeking politician does, but he was not able to implement any noticeable reforms in his own judicial system. Nisar did everything that a populist and attention-seeking politician does, but he was not able to implement any noticeable reforms in his own judicial system. During Nisar's tenure as chief justice, almost 8,000 cases were added to the litigations pending in the apex court. The record shows that there were more than 42,000 cases pending before the Supreme court of Pakistan in November 2018, with an increase of 2,125 cases over a one-year period. The number of cases pending in the lower judiciary is even higher and it takes years to get a verdict or relief from the lower courts in Pakistan. Yet the superior judiciary in the last 18 months only focused on the country's political developments and only took up cases that were politically motivated. Nisar has tainted the already not very bright history of Pakistan with his toxic legacy. Because of Nisar's tenure, characterized by a selective justice iMaD ZaFaR capabilities for moving toward a post-oil economy. A number of government agencies and companies have also been established to support the Saudi entrepreneurial ecosystem, which includes Business Incubators and Accelerators Company (BIAC), a unit of Saudi Technology Development and Investment Company (TAQNIA), which, in turn, is wholly-owned by the PIF. The Kingdom today has a thriving startup ecosystem with an increasing number of approach, the judiciary has become politicized. PTI supporters like it because it has given them some relief by knocking their main opponent, former PM Sharif, out of politics by disqualifying him, but it has undermined the credibility of the judiciary in the eyes of PML-N and PPP supporters, as well as civil society. It has been assumed that Nisar toed the establishment line and provided his shoulder to help dislodge Sharif and his His Diamer-Bhasha Dam campaign also proved to be just a failed stunt as only 9 billion rupees were collected from the masses. He made some good decisions, such as giving overseas Pakistanis the right to vote, issuing identity cards to transgender people, prohibiting private schools from charging exorbitant fees, and acquitting alleged blasphemer asia Bibi. However, his good decisions were tainted by his undue involvement in politics. party by disqualifying him and important members of his party from participating in politics. During the election campaign, Nisar commented on the PML-N government and his decision to disqualify members of the PML-N on charges of contempt of court. He showed that he clearly favored the PTI and the masters of the political chessboard. Eventually, Sharif lost in Punjab and a strong anti-judiciary narrative has since been built. It will take the judiciary decades to clean the stains that have been left by Nisar's legacy. A judiciary that already has a history of always aligning with the powerful military establishment and validating unconstitutional moves like the imposition of martial laws cannot afford to actively be involved in political and judicial activism. Nisar will perhaps local venture funds as well as supportive regulatory frameworks. Institutions such as Mohammad Bin Salman College, MiSK Foundation, PIF Academy, KAUST Innovation and Economic Development and Saudi Aramco Entrepreneurship Center (Wa'ed) are enriching the entrepreneurship ecosystem. Other major government efforts to support the startup's ecosystem have been the rise of accelerators and incubators such as the BADIR Program. I have spent my life living, studying and working between Saudi Arabia and America. I am proud of Silicon Valley, which is not only the largest local pool of quality resources, but also combines them with a global resource attraction that is five times higher than the second most attractive ecosystem in the world, New York City. In 2017, a staggering $25 billion was invested into local startups. As a Saudi, I have always noticed the untapped potential of the Kingdom and its love for technology and readiness to innovate. Saudi Arabia has been easing regulatory impediments, including limits on foreign ownership that had long kept investors away, while seeking technology transfer through its $45 billion investment in Vision Fund. Source : Arab news The toxic legacy of Pakistan's retired chief justice Following the events of September 11, 2001, Islam became the centre of media attacks in many parts of the world. Persistent charges and accusations were levelled against its followers. The spurt in Islamophobia has given rise to a breed of apologists who can go to any extremes to placate fear and suspicion among others. One instance that comes to mind is the case of a Pakistani human rights activist, Ansar Burney, who, a few years back, had travelled to Amritsar, in India, to perform the Kumari Puja. Burney, who was Pakistan's former federal minister for human rights, is generally credited with being among the first to introduce the concept of human rights in his country. Among his many noteable achievements has been the establishment of the Ansar Burney Trust, which he heads and is considered to be 'a network of human rights organisations and volunteers working for the deliverance of justice, better treatment of human beings and for civil liberties. It works to raise awareness, provide free legal advice and services and humanitarian assistance where needed'. He has also championed steps towards prison reforms and prisoners' rights in his country. Coming from a country whose founding father had declared at the time of earning statehood to his people that "You are free. You are free to go to your temples, you are free to go to your Religious tolerance has its limits mosques or any other places of worship ... You may belong to any religion or caste or creed. That has nothing to do with the business of the state", Burney took matters a step further ahead. The Kumari Puja rituals are best described as a ceremony that once included the ritual defloration of selected virgins. This ideology promotes the ritual of glorifying and idolising 'young prepubescent girls as manifestations of the divine female energy'. These girls represent deities. Virgins who have not yet hit puberty are selected and worshipped on one day of the nine-day long Navratri - a festival dedicated to the Hindu deity Durga. After Burney, a Sunni Muslim, performed Hindu religious rituals praising the Hindu deity, he began a discourse on the importance of girls within a society, and how the world TaRiq a. al MaeeNa would be an empty place without them. "I think the universe is incomplete without the existence of daughters; for me, the whole universe is a girl child. If we don't evaluate the importance of a daughter then we cannot value anything in life. A girl is very important in every role, be it a mother, daughter, wife or a sister. A girl or a woman in every role is beautiful and important in The Kumari Puja rituals are best described as a ceremony that once included the ritual defloration of selected virgins. This ideology promotes the ritual of glorifying and idolising 'young prepubescent girls as manifestations of the divine female energy'. These girls represent deities. Virgins who have not yet hit puberty are selected and worshipped on one day of the nine-day long Navratri - a festival dedicated to the Hindu deity Durga. its own way," he said. 'Unfortunate incident' "The Kanjak ceremony for me is very important and pious. This teaches us that we must realise the importance of the girl child, we must love them and nurture them in a way they deserve. Like what happened with Malala Yousufzai is very disheartening and unfortunate, which shook the whole world," he continued. While I appreciate his sense of justice be remembered along with Justice Muhammad Munir (who opened the door for martial laws in Pakistan) as a man who weakened Pakistan's democracy by aligning with the invisible forces and targeting parties and governments that were not liked by the establishment. From Justice Munir to Justice Abdul Hameed Dogar and from Justice Iftikhar Chaudry to Justice Saqib Nisar, everyone has intervened in politics and given their shoulders to the invisible forces to support their efforts to undermine their opponents. Nisar removed many respected chancellors with a stroke of his pen in a single hearing and his controversial decision to remove Sharif from office and then from politics altogether without any charge being proven against him has tilted the balance of power in favor of the undemocratic forces. As the famous American author George RR Martin said, "The man who passes the sentence should swing the sword. If you would take a man's life, you owe it to him to look into his eyes and hear his final words, and if you cannot bear to do that, then perhaps the man does not deserve to die." Nisar never had the guts to listen to criticism and hid behind the shield of contempt of court in order to discourage criticism of his controversial decisions. He should have at least shown the courage to look into the eyes of the people whom he sentenced. After all, fair judgments and right actions are never afraid of criticism, nor are they are dependent on the shield of contempt of court. Source : Asia times and his efforts towards human rights, I have some difficulty reconciling his actions of performing religious rituals that include glorifying other forms of deities. This wasn't about respecting people of other faiths, which he could have done by simply being in respectful attendance at the ceremony, but by actually going through the physical steps of devotion to deities, he went a bit overboard in my opinion. Islam is very clear on the oneness of God. Burney could have promoted his message without the condescending actions of performing religious rituals that highly contradict those of his own faith. I could go to a church and revere Jesus Christ as one of our prophets, but I would not cross the limit. Such is the case of some defenders, I fear. In a bid to promote acceptance by people of other faiths, they go to the extreme of performing rituals simply to placate the fears or suspicions of others. Fearing that Islam somehow stigmatises them, they feel that there is need to be extra nice and amiable. They seem to forget that Islam does tell us to be congenial and tolerant towards people of other faiths, but we don't necessarily have to go overboard to prove ourselves. Source : Gulf news
Law & pubLic MOnDAY, JAnuARY 21, 2019 5 LegaL Query- Dear Sir, I have just completed my BBa, MBa from North South university. From my student life, I have always the choice to become a businessman. I have the plan to establish a company which will be the market leader of the production of garments accessories. Now, in order to do garments accessories business, I need to form a company. I would request you to inform me the details please, about the formation of any company. regards, Kabir ahmed, Dhaka. Legal Opinion- Thank you for your query. When considering the registration of a new company, most of the Bangladeshi companies are registered as private limited liability companies. a private limited company in Bangladesh is a separate legal entity and shareholders are not liable for the company's debts beyond the amount of share capital they have contributed. according to the Companies act 1994, any person above the age of 18 can register a company in Bangladesh. In registration process, first thing is to select the name of the company and the name must be approved (cleared) before incorporation of the company in This week Your Legal Adviser is A.B.M Shahjahan Akanda (Masum), Advocate, Supreme Court of Bangladesh. He is the Head of the chamber of a renowned law firm, namely, 'Law for Nations', which has expertise mainly in banking law, tax law, commercial law, corporate law, family law, employment and labor law, land law, constitutional law, criminal law and in conducting litigations before courts of different hierarchies. He can be reached at - cell: 01711459590, E-mail: law.abm@gmail.com. Bangladesh. Minimum two directors are mandatory. Directors must be at least 18 years of age and must not be bankrupt or convicted for any malpractice in the past. a private limited company in Bangladesh can have a minimum of 2 and maximum of 50 shareholders. you must state the authorized capital in the Memorandum of association and articles of association. you must have also to state the paid-up capital of your company for registration. Paid-up capital or share capital can be increased anytime after the incorporation of the company. The company to be incorporated must prepare a memorandum of association (Moa) and articles of association (aoa) and shareholders particulars, Director's particulars, registered address, Signed Form IX & Subscribed page are also required. Then after preparing the all documents required and submission of the documents before rJSC, you will receive a bank payment slip for paying the registration fees along with stamp duty. after making the payment in the bank, you are done. Now you will have to follow up with the rJSC for obtaining the incorporation certificate. rJSC officials will check the documents and information. If they are satisfied, they will issue the digitally signed i) Certificate of Incorporation; ii) Moa and aoa; and iii) Form XII. Then you need to apply for Trade License and Tax Identification Number. Depending on your company's business activities, you may need to obtain more business licenses. An Insight on Victimization through Facebook videos in Bangladesh "Have you seen that video where a boy is being tortured by a mob? It received 10 thousand views in just one day!" said the boy who re-shared a video online. This is what the conversations of today have turned into. More than 10 thousand people saw a video which shows a boy being beaten. and it became the talk of the town in a matter of hours. None of them was witness to the event but they just somehow, are. They have raised their voice against such inhuman activity. They re-shared it, tagged their friends and even liked it. Not literally, but 'Like' it. all that, in this one white and blue website called "Facebook" which lets you share videos from your phone, camera or tablet on its 'Newsfeed'. The site has quite recently introduced the 'video views' option, which the boy was talking about. Now, everyone would know how many times a particular video was watched. It is associated with the interest of other people, more people and the people after that to watch it. This is because; it was more than 10 thousand views. and you don't often get to see a video with 10k 'views'. "That sounds popular, so I must watch it." - said the boy before he let others know about it. There are nearly 8.4 Million Facebook users in Bangladesh today, out of which 53% belong to the 18-24 age group. Out of this 'social' congregation, 6.4 Million access Facebook through mobile phones. Smart phones allow users to record videos and share directly in Facebook. The video mentioned earlier was that of rajon. His video was recorded with a smartphone. a group of Bangladeshi men have filmed that gruesome video, in which they beat to death a 13-year-old boy accused of stealing a rickshaw van. In the clip, the terrified boy is seen crying and pleading for his life while being tied to a pole of a shop and beaten with a stick. "We will teach you a lesson today so that you can never steal in your life again," the torturers are heard saying, according to the Dhaka Tribune.[1] The video sparked rage among Bangladeshi Facebook users and others around the world. rallies, campaigns were held demanding justice for rajon. The primary offender, Muhit alam, 32, was taken into custody soon after. all this happened after the video was uploaded to Facebook. One of the examples to support the 'views' option. It helped to reach thousands. For Facebook only 3 seconds of a video of any length is considered a 'view'. It also lets its users know Minutes viewed, unique viewers, percentage of viewers and few other attractive options, adding more to their avidity. Presumably, this was the reason behind Zunayed al Imdad (a.k.a Xunayed) uploading the video of him beating another boy named Nurullah. On March 2016, Zunayed beat Nurullah, slapping and kicking him violently. The event was being recorded on a smartphone by Zunayed's friend. The video was uploaded on Facebook by Zunayed himself. Nurullah suffered severe nervous shock. In few hours, the video went viral. Zunayed believed he got what he wanted, but it all turned out to be a nightmare for him. Thousands of people united, protesting against this heinous act and demanded strong punishment for Zunayed. Zunayed after 10 days of running away from the Police, surrendered. However, this did not quite help in Farida's (assumed name) case. a fake profile uploaded a video where this 14 year old was being slapped and kicked by a 15 year old boy named ruhul amin rahul openly in the streets, on august 2015. This video too went viral, but sadly bearing negative captions targeted towards the girl. The comment section was flooded with chauvinistic remarks, putting the blame on the girl. One example, on a different occasion was the statement of the rector of Mohammadpur Preparatory School, Dhaka, who said 'Bees will come if the flower is blooming' on the rape incident of 2 children. They were raped by the canteen boy of the same school. at the Bengali New year celebration on TSC, Dhaka university on 2015, a group of young men attacked few women in the middle of the crowd. They were sexually assaulted. Several comments followed on the news, mostly blaming the girls for putting on 'indecent' clothing. On april 21 2015, two Supreme Court lawyers filed a general diary with the Banani Police Station against one of the commenter, namely arefin ahmed Shehim for declaring that he would rape any woman who shows skin on Facebook[2]. Such acts are taking place every now and then and mostly against women. Many of these stories are documented in Bangladesh news media but many remain unreported, mostly due to social stigma, exclusion and other forms of social harassment. Our Constitutional Rights and way of enforcement Md. Mamonor Rashid Most of our people even educated classes of our country don't aware of their all rights construed in our constitution. although some of them know about such constitutional rights but don't know when and how to enforce these rights. But every citizen of a country should be well familiar with his/her constitutional rights as well as exercise the same in their national life. On the other hand, it is indispensable for an independent state to make such rights and privileges accessible to its all citizens so that they can develop a liberalized and a free life. and the constitution of People's republic of Bangladesh has ensured this pledge in its Part III captioned under name 'Fundamental rights'. Fundamental rights mean when a specific number of human rights are written down in a constitution and are protected by constitutional guarantees. In our constitution, there are such 18 fundamental rights construed in article 27 to 44. In addition, about the legal enforcement of these rights is construed in article 44 and 102 of the constitution. These rights mainly based on political and civil purposes. However, our people can enjoy or exercise these rights under some reasonable restrictions attributed by law. Here I am trying to thrash out these fundamental rights in a few words. The first right construed in the constitution is equality before law i.e. all citizens are equal before law and are entitled to equal protection of law. accordingly, it is stated that state shall not discriminate against any citizen on grounds of religion, race, caste, sex and place of birth. Women have equal rights with men in the state and public life. No citizen can be restrained to access to any public place or to admit into any educational institutional on grounds of his/her religion, race, caste, sex and place of birth. But in this case state can make any special provision for children, women and backward section of citizen for their advancement. all citizens of the state have equal opportunity in government service suitable to men and women. On grounds of religion, race, caste, sex and place of birth no one will be discriminated here. But in this case, the state can also make any special provision for the backward section of citizens. every citizen and every other person for the time being within Bangladesh has right to enjoy the protection of law. everybody has the right to protection of life and personal liberty. No action shall be taken which is detrimental to the life, liberty, body, reputation or property of any person. an arrested person cannot be detained in police custody without notifying the grounds for such arrest. S/he has to be presented before a magistrate within a period of 24 hours of arrest. and without the authority of a magistrate, no person shall be detained in such custody more than 24 hours. In this regard, s/he has the right to consult with a lawyer of his choice and to be self-defended. These rights shall not applicable who is an enemy alien or who is arrested or detained under any law of preventive detention. No one shall be pressurized for forced labour. It is an offence and punishable under law. But this condition shall not apply to a lawful punishment for any criminal offence and for any law for public purposes. a person has also some constitutional rights to protection in respect of trial and punishment i.e. no person shall be convicted of any offence without lawful object, no one shall be ordered to a penalty greater than, or different the from, respective law for such offence, no person shall be prosecuted and punished for the same offence more than once. S/he has the right to be adjudicated by a speedy and public trial by an independent and impartial Court and he shall not be compelled to be a witness against himself/herself. a person cannot be tortured in such way that is cruel, inhuman or degrading punishment. every citizen has the right to move freely throughout Bangladesh, to reside and settle in any place and to leave and re-enter Bangladesh and also to assemble and participate in public meetings and in processions peacefully. But these rights are enjoyable under reasonable legal restrictions for the interests of public order and morality. every citizen has the right to form any association or union. But s/he has no right to form or be a member of any association or union which aims are to destroy the religious, social and communal harmony among the citizens or to create discrimination among the citizens or to organize terrorist acts or militant activities against the citizens, state or any other country. everyone has the rights of freedom of thought, speech, expression, and conscience. Freedom of the press is also guaranteed in our constitution. But these rights can be exercised under any reasonable restrictions imposed by law for the interests of the security of the State, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence. every citizen has the right to enter upon any lawful profession or occupation and to conduct any lawful trade or business subject to any restrictions imposed by law. every citizen has the right to profess, practise or propagate any religion. every religious community has the right to establish, maintain and manage its religious institutions subject to law, public order and morality. every citizen has the right to acquire, hold, transfer or dispose of property subject to any restrictions imposed by law and no property shall be compulsorily acquired, nationalised or requisitioned. However, compensation shall be paid for such acquisition, nationalisation or requisition but no question shall be raised in any court on the ground that such compensation is not adequate. Subject to restrictions imposed by law, every citizen has the right to be secured in his home against entry, search and seizure and to the privacy of his correspondence and other means of communication. However, all laws inconsistent with fundamental rights to be void. Therefore, for enforcement of the above-mentioned fundamental rights, article 44 has guaranteed the right to move to the High Court Division of Supreme Court in accordance with article 102 of our constitution. as pointed out by article 102, when anyone's fundamental rights are infringed by any party or any governmental body then s/he can seek remedy from the High Court Division. Besides, a citizen is entitled to the benefit of writ jurisdiction in accordance with the same article. Here the High Court Division can exercise its power of judicial review by issuing writ jurisdiction e.g. prohibition, mandamus (do it), certiorari (lack or excess of jurisdiction), quo warranto (by what authority) and habeas corpus (present the body before the court). But these fundamental rights are not fully applicable in case of disciplinary law relating to the members of a disciplined force. Finally yet importantly, in a democratic state to divest its citizens of these fundamental rights is nothing other than repression and arbitrariness of the said state. It is true that our state has enumerated these fundamental rights in the constitution but these rights should be ensured by the state effectively and legitimately. Writer: MD. ZAHID HOSSAIN, LL.B (Hons.), LL.M (CU) The Writer is an Independent Legal Researcher And a Young Columnist of Bangladesh, zahidhossainlaw@gmail.com
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