Daffodil International University
Faculty of Humanities and Social Science => Law => Topic started by: sirazi on November 24, 2015, 05:53:46 PM
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The case of Masdar Hossain allows the seedling of policy activism to be grown as a full-bloom tree under which the nation’s entitlement to the socio-economic rights seems to get a meaningful genre. We can realize the ramifications of these developments by looking closely at the core of the attitude of our judiciary towards the realization of fundamental principles. In the recent case of Advocate Zulhash Uddin, our judiciary has come to shield the health rights of the masses by declaring excessive imposition of VAT over medicine and health service as unconstitutional being contrary to the right to life and fundamental principle of state policy.
In conclusion, we can find that the judicial activism in favor of the realization of socio-economic rights in Bangladesh has been passing a transition from complete passivity to the growing activity. Though in India the directive principles are also not judicially enforceable, interestingly, the Supreme Court issued a number of directions to the government and administrative authorities to take positive action to remove the grievance which have been caused by non-implementation of the directives.
Thus in comparison with that of India, the role of our judiciary has been nugatory.
However, the constitution of Bangladesh has created an enhanced and productive scope of judicial activism in favor of the socio-economic rights. And by this time, we have already passed the phase of nurturing the seeds; allowing the seedling to be grown like trees. So let’s long for the fruits.
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Let's see.