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Messages - Ferdousi Begum

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Students should take part in it.

Stress is not good in any case.

Law / Legal Entity of Rivers
« on: July 17, 2020, 10:21:18 AM »
It has been one year since the HCD of the Supreme Court of Bangladesh has declared Turag river as a living entity. There are 17 directives and many observations that have been made by the Court. Specially the one that the State and other concerned departments of the government will comply with this ruling and take necessary steps to save the river from pollution and encroachment. But still we do not see any such steps are taken. Recently though the Uttarakhand Court of India made declaration of the Ganges and Yamuna rivers as legal entity, afterwards they made the declaration void under legal ramifications to abide by the previous order of the Court. Various jurisdictions of this world declared rivers as living entity which may be seen as the legal developments of the environmental law yet there implementation may be a challenge in every jurisdiction.

Law of Bangladesh / Who owns our laws?
« on: February 17, 2020, 02:35:24 PM »
On June 25, 2019, an editorial of The New York Times was published based on the Georgia v Public.Resource.Org (a case about whether the State of Georgia can assert copyright in its annotated state code). The State of Georgia sued the Public.Resource.Org, a non-profit organisation, for scanning and uploading all volumes of annotated Georgia State Code. This, in fact, triggers a pertinent question - should not the law be made accessible for all, and in a democracy should not the people and people alone own the law? Critically, it touches a serious concern on copyright over ‘public documents’. Relevantly, I found a piece published in Spicy IP, ‘‘Shouldn’t we liberate laws from the clutches of copyright law?’’ by Dr Arul George Scaria, which in turn inspired me to write this piece. Dr Arul, explored three key questions, (a) does copyright exist in Act of the Parliament? (b) if so, who owns it? (c) finally, whether reproduction or publication would be considered as exception to copyright infringement? As I understood, on premise of right to know and access law, he aptly argued that Indian laws should be freed from the barrier of copyright and any reproduction or publication should be considered as exception to copyright infringement. I was wondering about the conditions in Bangladesh and how we could relate the similar narrative to our context.

Section 2(40) of the Copyright Act, 2000 of Bangladesh, delineates that “government work means a work which is made or published by or under the direction or control of … (b) the legislative authority in Bangladesh; (c) any court, tribunal or other judicial authority in Bangladesh’’. Section 30 fixes the term of protection for government work until sixty years from the following year of publication. Thus, laws and judicial decisions of Bangladesh are copyrightable by the government. Section 71 of the said Act outlines certain situations and conditions in which reproduction or publication constitutes copyright infringement. Section 72 lists out number of exceptions to infringement of copyright. As per the provisions of section 72(17), the reproduction or publication of Act of parliament per se without any commentary shall not be treated as exception to infringement of copyright of government. However, this would not be the case for any judgement or order of the court unless it is otherwise provided.

Acts of the Parliament and key judgements of the Supreme Court of Bangladesh are now officially made available online and accessible to all for free. Yet, the dearth of accessible up to date official or translated version of laws and judgements exists despite some paid law reports. How far the judgements of the court can be reproduced or published commercially taking advantages of copyright exemption? Regrettably, we see foreign corporation sells our judgements to us, claims copyright over it and makes money from our law schools and research institutes. The question remains should any commercial gains by the private publishers from copyright exemptions be allowed?

 The US ‘fair use’ or UK ‘fair dealing’ doctrine as transplanted in various jurisdictions of the world prohibits commercial use. It was argued by the publishers in Delhi University Photocopy Case (2016); however, the court exempted the ‘course pack’ as ‘non-commercial use’ based on its nature, scale and impact on the market on one hand and the right to education of the students on the other. In 2017, Arpit Bhargava, a petitioner filed a PIL in Delhi High Court challenging the publication of bare Act by private publishers, infringing government’s copyright and making undue profits? It was also argued that government is under legal obligation to make the laws accessible at reasonable price, if not for free, because citizens have the right to know. Similar arguments may be spelled out in our context which would reasonably include copyrighted commercial use of judicial decisions as well.

Surely, the availability of laws and judicial decisions would be useful for furthering our legal education and research to which our honourable Apex Court expressed concerns and provided guidelines (albeit on maintaining quality of it, in Professor Syed Ali Naki and others v Bangladesh and others, HCD, 2016) and Bangladesh Bar Council and others v A.K.M. Fazlul Kamir and others, AD, 2017). The accessibility of law and judicial decisions will justify the imposition of the maxim ‘ignorantia juris non excusat’ and facilitation of constitutional duties of knowing and observing the laws under article 21 of the Constitution of Bangladesh. Thus, the government should adopt initiatives such as creative commons or digital repository and/or allow private entities to make our laws and judgements accessible for free. Thus. the significant question remains, should not we revisit our copyright regime and liberate our laws?

Writer: Ataul Karim, Senior Lecturer in Law, East West University, Bangladesh.


The Research Dissemination Meeting on 'Justice for Rape: Prohibiting Character Evidence in Rape Cases' is held from 3-5 PM on Monday, 20 January 2020 at Chhayanaut Auditorium (House 72, Road 15/A, Dhanmondi R/A, Dhaka 1209) organized by BLAST. This event is part of their 'Rape Law Reform Now Campaign', through which they hope to incite discussion among relevant stakeholders about the urgent need to amend some of our discriminatory and exclusionary provisions on rape. BLAST believes it is important that university students are also part of this discourse. Therefore, around 17 students from Batch 35, the Department of Law, DIU went there as participants of that program under the guidance and supervision of Ferdousi Begum, Senior Lecturer, Dept. of Law, DIU. Students enjoyed the discussion.

Research & Publication / UAP: Call for Papers
« on: August 07, 2019, 12:21:54 PM »
University of Asia Pacific Journal of Law and Policy (ISSN 2518-024) (UAPJLP), Special Issue on Rohingya Crisis

The Department of Law and Human Rights, University of Asia Pacific (UAP) is going to publish a Special Issue on Rohingya Crisis in the University of Asia Pacific Journal of Law and Policy (ISSN 2518-024) (UAPJLP). Original research based articles in law and policy areas are invited for publication in the upcoming issue. You may submit your manuscript to the Editor-in-Chief Email: UAPJLP@UAP-BD.EDU within October 31, 2019.   

For details, you may visit the following links:
1. Guidelines for submission:
2. Latest Issue:



International Conference on Commercial Exploitation of Outer Space through Satellites: Prospects and Challenges in Green University on 23 August, 2019

Outer Space now has opened boundless opportunity for mankind especially using it commercially. The history began with launching of Telster-1 (first commercial satellite) in 1962. Since then many doors have been opened for the commercial uses of outer space including asteroid mining and space tourism. Space faring countries have already taken many actions to accrue the maximum benefits from outer space. In 2018, Bangladesh launched its first geo-stationary satellite i.e. Bangabandhu Satellite-1 (BS-1) in outer space. As a communication satellite, BS-1 reduced the dependency on foreign satellites for broadcasting, telecommunications and weather forecasting especially during natural disasters. It can prevent shelling out $14 million per year for 34 television channels in Bangladesh which are using MHz bandwidth from foreign satellites. At the same time it can earn $10 million annually from local television channels for satellite communication. Moreover, money earned by renting some of its transponders will also contribute for earing foreign currencies. However, access in outer space and its exploitation is heavy dependent on financial and technological assistance of developed countries. It is often argued that benefits from space exploitation are bagged by space faring countries. Therefore, it becomes very pertinent to measure the effectiveness of international space laws especially for commercial exploitation. Thus the challenges embark on imbalance in fundamental principles of space laws, as the practice does not always recognize the interest of all the countries. The most discussed question are whether the laws are equipped enough to safeguard the interests of non- space- faring countries and what initiatives now need to be taken for ensuring equal and equitable interests of all countries of the world keeping pace with the role of national space legislations etc.

Keeping all these issues in view, Green University of Bangladesh,consecutively second time, is going to arrange the international conference in Space Law on 23 August, 2019. The theme of the conference is "Commercial Exploitation of Outer Space through Satellites: Prospects and Challenges". This conference will provide a multi-disciplinary platform for international and national experts to discuss and learn various aspects of space activity aligned with international space law and policy. Therefore, the conference aims to bring together leading academic and non-academic researchers, legal experts, innovators, investors and students to exchange and share their experiences, concerns and challenges in the field of space law and activity.

Objectives of the conference

To highlight the recent trends of commercialization of outer space.
To focus on the recent development of Commercial Exploitation in Outer Space.
To overview international practice for regulating space commercial activities.
To discuss the possible areas of exploitations in outer space for developing nations
5. To highlight the challenges for developing nations in space activity.
To find out the means of equitable and equal sharing of benefits of space exploration.
Who Should Attend:

The conference is planned for decision makers, technical experts, researchers, educationists and students involved in space law and technology from international, regional, national and local academic institutions, governmental agencies, non-governmental development agencies and also from private industries engaged in space related activities. Experts and professional from space related institutions are welcome to attend.

Call for Papers:

Participants are kindly encouraged to contribute in the conference through submissions of their research abstracts and/or papers on the conference topics as highlighted. High quality original research articles will be published free of charge in an Edited Book or any of the 3 Green University Research Journals i.e Green University Review of Social Science, a peer reviewed international research journal (ISSN 2313-237X), Journal of Green Business School (ISSN 2522-7297); GUB Journal of Science and Engineering (ISSN 2409-0476).


The conference will be a blend of presentations by our esteemed resource persons and paper presenters. Topics of interest for submission include the following sub-themes, but are not limited to-

Benefits of Space for sustainable development goals
Commercial exploitation in Outer Space and its legal and technical challenges.
Business prospects through satellite.
Outer Space and developing nations.
Orbital slot and Transponder leasing.
Space Tourism in future global attraction.
National Jurisdiction over outer space for its commercial uses.
Academic and industrial link up in space activity.


When anybody’s name is entered in the roll of the Bar Council he/ she will be known as a Advocate but not as a Member of the Bar Council. Membership of the Bar Council is quite different thing. This is an elected position. Advocates on the roll elect from amongst themselves 14 persons as Members of the Bar Council for a term of three years. The Government may, in some extraordinary situation, nominate persons to act as Members of the Bar Council.


International Conference on the Rohingya Crisis in Comparative Perspective to be held at Institute for Risk and Disaster Reduction (IRDR), University College London (UCL), London, UK.



The Liberation War Museum is going to organize it's 6th Certificate course on Genocide and justice from July 12. The last date for application is July, 5. Students will get a concession for doing the course. anyone interested may visit the link

Women / Hindu Women's Right in the property
« on: July 02, 2019, 02:22:55 PM »
Dear All

I have published a paper on the Hindu Women's limited Interest in Bangladesh which indirectly is an obstacle to have property rights by Hindu women in the journal of Kathmundu School of Law, Nepal. You may have a soft copy if you are interested through mail.


Children / Chaild Marriage Restraint Act, 2017
« on: July 02, 2019, 02:18:38 PM »
Dear All

I have published a paper on Section 19 of the the Child Marriage Restraint Act, 2017 which indirectly is an obstacle to prevent child marriage in Khustia Islami university, Bangladesh. You may find a soft copy if you are interested through my mail.


Research & Publication / ELCOP Call for Papers
« on: May 20, 2019, 05:53:41 PM »

Empowerment through Law of the Common People (ELCOP) is going to organize its 20th Human Rights Summer School (HRSS) on “Human Rights and Rebellious Lawyering” in late September  2019 (19th – 30th September, 2019). In line with our twenty years of academic legacy, we are overwhelmed with our visionary activism that inspires us to start the process of publishing “ELCOP Yearbook of Human Rights”, the key scholarly research based reading material of the HRSS.

 We, herewith, welcome scholarly papers from academics, legal scholars as well as law students. We are soliciting unpublished original papers focusing the title of the 20th HRSS for the Yearbook.

Prologue to the 20th HRSS Publication

There is a view that our legal education produces legal mechanics rather than legal architects. The progress of law graduates has thus become central to our legal education. We are saddled with diverse limitations—conventional teaching style, old-fashioned curriculum, inadequate environment of legal research, absence of law clinics, non-simulative learning process and lack of interdisciplinary approach are a few to mention. The outcome is that our law graduates end up becoming litigant lawyers. The approach does not help changing the status quo of rule of law, democracy and human rights. The poor remain poor living under the vicious cycle of poverty and find themselves helpless in fighting the discriminatory legal system.

Human rights lawyering is experiencing multiple prospects and challenges in present days.  ELCOP provides an alternative idea of legal education against the existing dismay and challenges. It wants to produce a law graduate who would sensitize, mobilize, organise the poor to fight their poverty on the one hand, and reshape human rights jurisprudence through innovative justicing, on the other hand. This is what we call “rebellious lawyering”. The proponent of the concept in Bangladesh is famous human rights educationist Professor Dr Mizanur Rahman. According to Professor Rahman, “legal education of Bangladesh treats people – their traditions, experiences and institutions is essentially generic”. It teaches law students to approach law practice as if all people and all social life are homogenous. Professor Rahman thinks that a range of practical know-how and intellectual sophistication is necessary to change the fate of the poor justice seekers. Dr Rahman stresses on four things for a legal transformation:  firstly, working with clients, not just working on their behalf; secondly, collaborating with clients by taking their potential into account; thirdly, teaching self-help to the client by going beyond formal representativeness; and finally, building coalitions, not just being capable of filing a lawsuit. In fine, in order to represent the community, a law graduate must take training and skills that reflect (and in turn, helps produce) an idea of lawyering compatible with a collective fight for social change – a “rebellious idea of lawyering” at odds with the conception of prevailing “legal practice”.  Professor Mizan reminds us that the missionary message of our liberation war casts a duty on us to produce a new breed of drohi ainjibi or “rebellious lawyers”. They would be the catalyst for social change and would redefine law and justice to understand the sweat and tears of the many millions who are the eternal tenants of exploitation.

Keeping this lawyering philosophy in mind, ELCOP was established 20 years back by Professor Rahman and HRSS is its main enterprise. The other follow up facets of ELCOP are Street Law (Protidiner Ain) and Community Law Reform (CLR)—all as of now have received international applause, the latest being the “SILF-MILAT Award for South Asian Excellence in Legal Education 2018” from the Society of Indian Law Firms.

ELCOP’s working theme, thus, has been rebellious lawyering since its inception. The magic year—20th—is an opportunity for us to look back. As such, the aim of the upcoming 20th HRSS is to provide the young law students with a platform to critically deliberate on various contemporary issues on rebellious lawyering vis-à-vis human rights in Bangladesh and beyond.

Topics of the paper

As mentioned, our main theme of HRSS (and the Yearbook) this year is “Human Rights and Rebellious Lawyering”. The sub-themes are included, but not limited to:

Human rights and rebellious lawyering;
ELCOP, Professor Dr Mizanur Rahman and  rebellious lawyers;
Law, human rights and poverty;
Law and empowerment of the poor
Justice delivery system, justicing and judicial activism;
Human rights in the age of globalization;
The politics of constitutionalism;
Public interest litigation, social justice and development;
Human rights and technology;
Law schools and legal education in South Asia and beyond’
Lawyers’ role in global conflict and peace
You may write on any of the above topics or matters you believe should be a technical extension of the theme.


Word limit

The paper should be written in between 5000-8000 words excluding footnotes.

Presentation and Style Information

The publication will follow the Oxford Standard for Citation of Legal Authorities (OSCOLA) referencing Style. You can have a copy of it from internet as well. Footnotes should be collated at the end of each page. Footnotes to the title and author(s)’ names should be designated as *, † etc. Footnotes to the text should be designated as 1, 2, 3 etc. The asterisked footnote should give the author’s position, institutional address and any brief acknowledgements if required.


It is a condition of HRSS Publications that authors’ grant an exclusive license to ELCOP permitting it to reproduce and/or disseminate the author’s contribution or elements of it (e.g. abstract, meta data). In signing the license, the authors retain the right to use their own material and ELCOP asks that HRSS Publication is acknowledged as the original place of publication.

Submission Deadline and Rules

You should send a single hard copy of your manuscript. The envelope should be marked as “Submission for ELCOP Year Book on Human Rights” on the top. The Deadline for sending your manuscript is: 30th June 2019 (Sunday).

Articles should also be submitted as an electronic form (in word format) either in CD or as an email attachment to by the same deadline mentioned above.

All submissions should be accompanied by a statement that the material is not under consideration elsewhere, and that it has not been published or is not pending publication elsewhere.

Questions and clarifications may be addressed to:

Tapas Kanti Baul, Barrister-at-Law
Executive Director
Empowerment through Law of the Common People (ELCOP)

About the organisation:

South Asian University (SAU) is an international university established by the eight member nations of South Asian Association for Regional Co-operation (SAARC) viz. Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan and Sri Lanka. SAU started its operations from the academic year 2010.

About the conference:

Faculty of Legal Studies International Conference of South Asian University is hosting a conference on South Asia in the Era of International Courts and Tribunals, on 28–29 February 2020 at New Delhi.

The Conference is announced in the backdrop of discernibly increased activities of international courts and tribunals. Abstracts are invited that engage with the conference theme which intends to facilitate a number of streams of inquiry both within and across them. In particular, the conference theme invites engagement with a range of issues broadly falling within the following three sub-themes:

Date and place: 28–29 February 2020, New Delhi.

Topic: South Asia in the Era of International Courts and Tribunals.

Venue: FSI Hall, Akbar Bhawan, Chanakyapuri, New Delhi, India, 110 021.


1. The Composition and Competence of International Courts and Tribunals and the Role of South Asian Countries.

2.  The Strategies and Advocacy before International Courts and Tribunals and South Asian Countries.

3: The Impact of International Courts and Tribunals on the Governance of South Asian Countries.

Submission of proposals:

Interested scholars are invited to submit one abstract of 400–500 words. Full name, email address and affiliation of the applicant must be written at the top of the document containing the abstract. Proposals should identify whether they are a “young scholar” proposal. The abstract file must be submitted in .doc, .docx or .pdf format, and named “Surname_Name_SACT2020_Abstract”.

The applicant must also send a one-page curriculum vitae, including a list of most relevant publications. The curriculum vitae file must be submitted in .doc, .docx or .pdf format, and named “Surname_Name_SACT2020_CV”.

The subject column of the submission e-mail must be composed as “SACT2020 Submission – Surname_Name”.

The abstract and the curriculum vitae must be emailed to < sact2020[at]>.

Selection criteria:

Relevance to the Conference theme.
The originality of the paper.
Geographical and gender balance of the participants.

The issue of the call for papers: 28 February 2019.
Submission of abstracts (400–500 words): 30 June 2019.
Communication to successful applicants: 31 July 2019
Submission of full papers (8000–12000 words): 15 December 2019.
Last date of registration: 31 January 2020.
Conference dates: 28–29 February 2020.

Participants will be responsible for their travel and accommodation expenses.

Very limited funding may be available to young scholars (PhD candidates or those who have had the submission of their theses no earlier than three years before submission of their abstracts) working in SAARC countries to support a portion of their travel and accommodation.

However, no financial support will be given without a timely receipt of full papers.


Non-SAU PhD scholars: INR500/$10/EUR10.
Non-SAU teachers and others: INR1000/$20/EUR20.

In a perfect world, everything is steady. You can make plans that actually come true 100% of the time. You can anticipate things in advance. But as you and I both know, that’s not how life works.

In real life, a single random (and unexpected) event can suddenly screw up all your plans, goals, and good intentions to make a change. Think of…

A family member who passes away.
Getting pregnant.
Getting into a car accident.
A calamity at work that causes bankruptcy.
Falling in love.
Unplanned events can disrupt everything. I’ve experienced that several times in my life. And there’s nothing you can do to prevent unexpected events.

To be clear, when I talk about chaos, I’m not talking about adverse events. Sometimes, good things can also disrupt our focus. Life can be unpredictable.

And despite that unpredictability, we still have to function. We must wake up, treat the people in our lives with respect, do our work, and find inner calm. The way I see it, we have two choices.

We accept that life is chaos and find a way to adapt ourselves.
We refuse to adapt and become miserable because “life is hard.”
To me, it’s a no-brainer. I choose the former. But how do you adapt when life is uncertain? How do you still manage to be productive when you can’t even catch your breath before you have to deal with the next thing?

Here are 3 tips that can help you with those challenges.

1. Stay focused on your tasks
When something important interrupts your life, it’s easy to develop tunnel vision. Before you know it, your whole life can be consumed by something random. Let’s say you fall in love with someone.

And all of a sudden you can’t think of anything else but that person. You can’t focus on your work. You forget about your friends. You don’t go to the gym anymore. You just want to spend time with that person.

Even though it’s great to be in love, there’s more to life.

Sure, enjoying today matters. But we can’t allow ourselves to forget where we are going in life. We can’t neglect our work, family, friends, and health—under any circumstances.

To stay focused and not give up my ideals, I keep reminding myself of why I do what I do. I do that through daily journaling. No matter how hectic your life is, you can always find 10 minutes to sit down and reflect. No excuses.

Plus, I keep looking at my goals almost every day. That reminds me of where I want to go. And when you know where you want to go, you’ll keep going. It’s as simple as that.

2. Work in short bursts
Always be prepared to get work done. Every time you have a moment to yourself, don’t play with your phone, but instead, squeeze in some work. Even if it’s only 8 minutes.

I bring my laptop and notebook with me wherever I go. Those two things are always by my side. When my life lacks structure, I whip out the laptop at any free moment I have.

Doesn’t matter what time it is, where I am, or how long I can work—when I get the chance, I work.

But working in short bursts is not that easy. After all, you can’t truly focus. In a perfect world, you have hours of time blocked for a single important task. That’s how you do deep work.

Working in short bursts only works if you know what you have to do (Step 1).

That’s why I always keep a long list of things that I have to do. So when I work in short bursts, I know that I can’t waste my time browsing the internet or thinking, “What should I do next?”

The process is simple. I grab my laptop, look at my list, and pick one thing that I feel like doing at that time. My list consists of essential tasks. So it doesn’t matter which task gets done first.

For example, this is about the ninth time (I lost count) I’m working on this article. My life has no structure right now. But that’s okay. I still write my articles.

Remember: Your goal is not to work like this forever. When you’ve weathered the storm, get back to your regular routines.

3. Fuel yourself
Life can be demanding. You need proper fuel to handle the physical and mental stress that you endure.

I’m no diet expert. But I am an expert on my personal diet. Usually, I’m not a fan of trial and error. But when it comes to dieting, it’s my go-to strategy.

I’ve tried many different diets and eating patterns. I currently eat mostly protein and unsaturated fat as my first meal, which is around 11:30am. In other words, I skip breakfast.

That’s what they call intermittent fasting these days. There’s nothing new about that. People have been skipping breakfast for ages.

Look, I can’t give you diet recommendations because it’s different for every person. But I can share a few things you should consider:

Don’t believe everything you read from the health industry. Everybody has something to sell (I’m not only talking about products but also ideas).
Distinguish the difference between eating patterns (when you eat, how often, etc.) and diets (the type of foods you consume like protein, fat, carbs).
Be careful with experimentation. Only try things that are NOT harmful to your body (don’t starve yourself, don’t try weird diets like eating red meat only).
Keep notes on how you feel after what food you eat. Exclude things from your diet that make you feel bad.
That’s how I’ve found the ideal foods and eating pattern for me. For example, I eat rice every evening. I love it. Without eating rice, I get hungry very quickly and don’t feel as sharp. Should I stop eating rice because some random internet person says so? No, of course not.

Finding Structure In Chaos
In the past, I hated uncertainty. I think that’s something you learn as you grow up. “Get a safe job!”, is what people say.

But they don’t tell you that a safe job will ultimately make you lazy and weak. Why? Because you’re safe.

Jordan Peterson said it best in 12 Rules For Life: An Antidote to Chaos:

“Order is not enough. You can’t just be stable, and secure, and unchanging, because there are still vital and important new things to be learned.”

On the other hand, uncertainty forces action.

That’s why I’ve grown to love uncertainty. It forces me to find solutions to every challenge I face.

And once you live your life that way, you can’t even function properly without challenges. When you’ve reached that stage, know that you’re actually safe.

This post originally appeared on Darius Foroux and was published August 21, 2018.

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