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RISS 인기검색어
- 검색키워드
- 저자 : Sheikh M Solaiman (검색결과 2 건)
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Sheikh M Solaiman 한국법제연구원 2022 KLRI journal of law and legislation Vol.12 No.1
Sexual crimes are prevalent worldwide, however, some countries are more affected than others. Rape is rampant in Bangladesh and India, which are reliant on their 1860 colonial legislation with no or some modifications. Their laws are examined viewing through their modern equivalents in New South Wales, Australia (NSW) and the United Kingdom, with a view to identifying weaknesses mainly in the laws of Bangladesh. Findings suggest that Bangladesh needs a radical overhaul of its rape law, and the laws of India, the United Kingdom and NSW are also deficient in some respects. Notably, NSW has further modernised its law in December 2021, which proffers timely guidance for others on how to address their legal inadequacies in combating rape. In analysing the issues involved, we will pay due attention to the 2021 changes made in NSW. It concludes with specific recommendations to reform laws relating to actus reus including consent elements of rape primarily in Bangladesh, however, some recommendations apply to other jurisdictions as well, which will be succinctly mentioned where appropriate.
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Sheikh M Solaiman 한국법제연구원 2021 KLRI journal of law and legislation Vol.11 No.1
The Road Transport Act 2018 of Bangladesh (RTA2018) has been swiftly enacted to appease public unrest triggered by the tragic death of two teenagers in the capital city. Bangladesh is an emerging economy in South Asia, which is currently striving to attain the United Nations Sustainable Development Goals (SDGs) by 2030. Road safety comes within the scope of SDGs (Goal 3) and its achievement has proven futile amidst conflicting demands of the transport sector and the general public, following deaths of thousands of people on the road every year. Bangladesh has a population of over 170 million people and an alarming record of the lowest number of vehicle-users against the highest number of accidents in the world, as revealed from a recent report compiled by several international agencies. This article critically examines specific provisions of the RTA2018 and the Penal Code 1860 (PC1860) which directly apply to the deaths caused by offensive driving. It finds that the relevant provisions of both the RTA2018 and PC1860 are flawed in their actual definitions of ‘offences,’ making enforcement and conviction inherently difficult, and the punishments prescribed for the convicts are considered notably soft and hence ineffective deterrents. This paper submits specific recommendations to address these identified flaws, with the intention that other countries with poor road safety regulations may also be able to benefit from this analysis and implement measures to reduce casualties. Both doctrinal and comparative methods have been used in conducting legal analysis, relying on mostly primary materials and scholarly works under the theoretical underpinnings of public interest and deterrence theories.
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