I am Md. Arif Rayhan, an Advocate at the Sylhet District and Session Judge Court. I hold an LL.M. Professional degree in International Law from Bangladesh University of Professionals (BUP) and an LL.B. Honours degree from Metropolitan University, Sylhet.
My unwavering commitment is to ensure comprehensive justice for all. Working at the Sylhet District Bar Association, I have a daily impact on those seeking legal redress.
My passion lies in legal research and writing. I've contributed to esteemed legal journals, exploring a wide range of topics, from advocating for justice for sexual assault victims to examining economic, social, and cultural rights enforcement in Bangladesh and India. I've also delved into intellectual property law protection and the role of public interest litigation in shaping Bangladesh's legal landscape.
My dedication goes beyond the profession; it's a calling. I am actively shaping the course of justice and remain steadfast in my goal to champion justice comprehensively for all. Phone: +8801676956361 Address: Sylhet- 3100, Bangladesh
Indian Journal of Law and Legal Research, Volume IV, Issue I, ISSN: 2582-8878 , 2022
The Constitution is regarded as a 'higher law' to regulate the affairs of the State, which prescr... more The Constitution is regarded as a 'higher law' to regulate the affairs of the State, which prescribes the structure of the government; along with governing the fundamental rights and duties of the citizens. Different countries worldwide have placed some human rights that are civil, political, economic, social and cultural in nature in their constitutional framework to ensure freedom, security and worth of human life for the individuals living in the jurisdiction of particular countries. However, while incorporating these human rights in constitutions, countries vary in respect of enforceability or justiciability of these rights, particularly economic, social and cultural rights (ESCRs). Both Bangladesh and India have written constitutions where numbers of ESCRs have been placed along with civil and political rights (CPRs), with the difference of judicial enforceability of two sets of rights. Realisation and enforcement of these ESCRs are subject to the available resources, ample wealth and capacity of countries; and as such, both these countries have termed them either as 'fundamental principles' (Bangladesh) or 'directive principles' (India); rather than 'rights.' However, over the years concept of judicial enforceability of constitutional principle of ESCRs has been subjected of judicial interpretation and case laws in both constitutional contexts of two countries have been evolved in this regard. This article aims to have a comparative study upon the constitutional context of Bangladesh and India regarding the scope of negative enforcement of ESCRs, or in other words, the judicial enforcement of the constitutional principle of ESCRs.
Present Bangladesh was once a part of the British Empire for almost two hundred years, which beca... more Present Bangladesh was once a part of the British Empire for almost two hundred years, which became East Pakistan (a part of the State of Pakistan) after separation in 1947. After the proclamation of independence on March 26, 1971, Bangladesh finally emerged as an independent nation on December 16, 1971, through the liberation struggle, which was sparked by the Bengali nationalist and self-determination movements. The Constitution, which is the solemn expression of the people’s will and the supreme law of the Republic, was adopted on November 4, 1972, based on fundamental principles like nationalism, socialism, democracy, and secularism. For the realization of the aims stated in the preamble, a number of fundamental rights have been incorporated into the Constitution, and the state is duty-bound to secure such rights through a democratic process. Moreover, fundamental principles of state policy were also narrated, and a socialist society was envisioned, setting economic, social, and political goals for governance. These principles are fundamental to governance and shall be applied in making laws, interpreting the Constitution, and forming the basis of the state's works. Since the adoption of the Constitution, several amendments have taken place, depending on changing situations, political needs, and developments; still, there is room left for modifications. Fundamental Principles of State Policy, Fundamental Rights, and Constitutional Amendments—all these factors have a great social impact on bringing about social changes. This paper aims to find out how these three factors influence social changes, along with their impact and acceptability; whether there remains harmony between constitutional amendments and social changes in Bangladesh; and lastly, to suggest some operative measures to direct the way of social changes caused by the above-mentioned factors in a positive way as much as possible for attaining the principle aims and ideals of the Constitution.
Humans have been living in the environment since the very dawn of civilization.Both the concept a... more Humans have been living in the environment since the very dawn of civilization.Both the concept and definition of ‘environment’ are broad and multi-dimensional.and sometimes depend upon the fact that from which perspective and for whatobjective ‘environment’ is being defined. At present, ‘environment’ has becomesuch a major issue that separates areas of law, i.e., ‘environmental law,’ alongwith ‘environmental jurisprudence’ and ‘environmental justice’ having emerged. The world community's emphasis on environmental issues accelerated due tothe frightening rate of environmental pollution and degradation, which causesglobal environmental catastrophes. Being a developing country, Bangladesh is non-immune from the curse of environmental pollution, which is a threat topeoples’ lives. Technically, the Bangladesh Environment Conservation Act,which includes some development measures, was enacted in 1995, which wasone of the milestone steps toward protection, conservation, and development ofthe environment. However, the exhaustiveness of this Act is sometimes questioned.and this particular act is not free from criticism. This article aims to analyze: critically evaluate the Act and find out certain deficiencies. This paper alsosuggests some operative measures to overcome those lacking mentioned here.
After witnessing massive destruction caused by World War II, the United Nations (UN) was establis... more After witnessing massive destruction caused by World War II, the United Nations (UN) was established with the global endeavor of maintaining international peace and security, reaffirming faith in fundamental human rights, dignity, and the worth of human lives, and saving future generations from the scourge of war. Depending on the objectives mentioned in the Preamble of its Charter, the UN has an obligation to prevent international crimes affecting international peace and security, which include crimes of genocide, crimes against humanity, mass atrocities, etc. In light of the current humanitarian crisis of Rohingya in Myanmar, the effectiveness of the UN in preventing international crimes like genocide has been questioned, as it has failed, in some aspects, to implement policies addressing such a serious issue, despite having a substantial amount of UN-created policies intended to eradicate genocides. Behind this failure, some factors like geopolitics, a lack of the court's jurisdiction, and the weaknesses of international law played a dynamic role. However, the UN has proved its effectiveness to some extent; Gambia’s case against Myanmar in the ICJ is a good example. Still, there are some prospects on the part of the UN that can be effective in solving this issue.
Indian Journal of Law and Justice, Vol. 11 No. 1 (Part I), 2020
Present Bangladesh was once a part of the British Empire for almost two hundred years, which beca... more Present Bangladesh was once a part of the British Empire for almost two hundred years, which became East Pakistan (a part of the State of Pakistan) after separation in 1947. After the proclamation of independence on March 26, 1971, Bangladesh finally emerged as an independent nation on December 16, 1971, through the liberation struggle, which was sparked by the Bengali nationalist and self-determination movements. The Constitution, which is the solemn expression of the people’s will and the supreme law of the Republic, was adopted on November 4, 1972, based on fundamental principles like nationalism, socialism, democracy, and secularism. For the realization of the aims stated in the preamble, a number of fundamental rights have been incorporated into the Constitution, and the state is duty-bound to secure such rights through a democratic process. Moreover, fundamental principles of state policy were also narrated, and a socialist society was envisioned, setting economic, social, and political goals for governance. These principles are fundamental to governance and shall be applied in making laws, interpreting the Constitution, and forming the basis of the state's works. Since the adoption of the Constitution, several amendments have taken place, depending on changing situations, political needs, and developments; still, there is room left for modifications. Fundamental Principles of State Policy, Fundamental Rights, and Constitutional Amendments—all these factors have a great social impact on bringing about social changes. This paper aims to find out how these three factors influence social changes, along with their impact and acceptability; whether there remains harmony between constitutional amendments and social changes in Bangladesh; and lastly, to suggest some operative measures to direct the way of social changes caused by the above-mentioned factors in a positive way as much as possible for attaining the principle aims and ideals of the Constitution.
Fundamental rights have been inserted into the Constitution along with an effective procedure of ... more Fundamental rights have been inserted into the Constitution along with an effective procedure of enforcement when any violation is made to them by any act or omission of either executive or legislative, which is an independent fundamental right and without which the existence of fundamental rights in the Constitution would have been meaningless. If any fundamental right enumerated in Part III of the Constitution is violated by any act of public authority or any law, then the aggrieved person can make an application to the High Court Division to enforce the same, and once HCD finds that fundamental rights have been violated, it’s under constitutional obligation to grant relief and to give orders or directions to enforce the same. The right to move to HCD for the enforcement of fundamental rights is itself an independent fundamental right guaranteed by Article 44(1) of the Constitution of the People’s Republic of Bangladesh, and no restriction can be imposed upon this right. An aggrieved person can make an application to the HCD in the form of a writ petition for enforcing fundamental rights under Article 102(2).
Rape is definitely one of the most damnable crimes committed against the human body. To ensure in... more Rape is definitely one of the most damnable crimes committed against the human body. To ensure inclusive justice, punishment, and deterrence several rigid laws have been enacted; however, the rate of rape, both against women and children, is increasing which is a frightening phenomenon. Moreover, the admissibility of character evidence under section 155(4) of the Evidence Act, which is itself a black section, creates a barrier in guaranteeing justice by shifting focus to the character of the victim. This paper aims to find out some major defects existing in section 155(4), describing procedural barriers created by said legal provision while serving justice to the rape victims and to suggest measures as to how the deficiencies can be overcome, especially when a fiduciary relationship exists between perpetrator and victim.
Indian Journal of Law and Legal Research, Volume IV, Issue I, ISSN: 2582-8878 , 2022
The Constitution is regarded as a 'higher law' to regulate the affairs of the State, which prescr... more The Constitution is regarded as a 'higher law' to regulate the affairs of the State, which prescribes the structure of the government; along with governing the fundamental rights and duties of the citizens. Different countries worldwide have placed some human rights that are civil, political, economic, social and cultural in nature in their constitutional framework to ensure freedom, security and worth of human life for the individuals living in the jurisdiction of particular countries. However, while incorporating these human rights in constitutions, countries vary in respect of enforceability or justiciability of these rights, particularly economic, social and cultural rights (ESCRs). Both Bangladesh and India have written constitutions where numbers of ESCRs have been placed along with civil and political rights (CPRs), with the difference of judicial enforceability of two sets of rights. Realisation and enforcement of these ESCRs are subject to the available resources, ample wealth and capacity of countries; and as such, both these countries have termed them either as 'fundamental principles' (Bangladesh) or 'directive principles' (India); rather than 'rights.' However, over the years concept of judicial enforceability of constitutional principle of ESCRs has been subjected of judicial interpretation and case laws in both constitutional contexts of two countries have been evolved in this regard. This article aims to have a comparative study upon the constitutional context of Bangladesh and India regarding the scope of negative enforcement of ESCRs, or in other words, the judicial enforcement of the constitutional principle of ESCRs.
Present Bangladesh was once a part of the British Empire for almost two hundred years, which beca... more Present Bangladesh was once a part of the British Empire for almost two hundred years, which became East Pakistan (a part of the State of Pakistan) after separation in 1947. After the proclamation of independence on March 26, 1971, Bangladesh finally emerged as an independent nation on December 16, 1971, through the liberation struggle, which was sparked by the Bengali nationalist and self-determination movements. The Constitution, which is the solemn expression of the people’s will and the supreme law of the Republic, was adopted on November 4, 1972, based on fundamental principles like nationalism, socialism, democracy, and secularism. For the realization of the aims stated in the preamble, a number of fundamental rights have been incorporated into the Constitution, and the state is duty-bound to secure such rights through a democratic process. Moreover, fundamental principles of state policy were also narrated, and a socialist society was envisioned, setting economic, social, and political goals for governance. These principles are fundamental to governance and shall be applied in making laws, interpreting the Constitution, and forming the basis of the state's works. Since the adoption of the Constitution, several amendments have taken place, depending on changing situations, political needs, and developments; still, there is room left for modifications. Fundamental Principles of State Policy, Fundamental Rights, and Constitutional Amendments—all these factors have a great social impact on bringing about social changes. This paper aims to find out how these three factors influence social changes, along with their impact and acceptability; whether there remains harmony between constitutional amendments and social changes in Bangladesh; and lastly, to suggest some operative measures to direct the way of social changes caused by the above-mentioned factors in a positive way as much as possible for attaining the principle aims and ideals of the Constitution.
Humans have been living in the environment since the very dawn of civilization.Both the concept a... more Humans have been living in the environment since the very dawn of civilization.Both the concept and definition of ‘environment’ are broad and multi-dimensional.and sometimes depend upon the fact that from which perspective and for whatobjective ‘environment’ is being defined. At present, ‘environment’ has becomesuch a major issue that separates areas of law, i.e., ‘environmental law,’ alongwith ‘environmental jurisprudence’ and ‘environmental justice’ having emerged. The world community's emphasis on environmental issues accelerated due tothe frightening rate of environmental pollution and degradation, which causesglobal environmental catastrophes. Being a developing country, Bangladesh is non-immune from the curse of environmental pollution, which is a threat topeoples’ lives. Technically, the Bangladesh Environment Conservation Act,which includes some development measures, was enacted in 1995, which wasone of the milestone steps toward protection, conservation, and development ofthe environment. However, the exhaustiveness of this Act is sometimes questioned.and this particular act is not free from criticism. This article aims to analyze: critically evaluate the Act and find out certain deficiencies. This paper alsosuggests some operative measures to overcome those lacking mentioned here.
After witnessing massive destruction caused by World War II, the United Nations (UN) was establis... more After witnessing massive destruction caused by World War II, the United Nations (UN) was established with the global endeavor of maintaining international peace and security, reaffirming faith in fundamental human rights, dignity, and the worth of human lives, and saving future generations from the scourge of war. Depending on the objectives mentioned in the Preamble of its Charter, the UN has an obligation to prevent international crimes affecting international peace and security, which include crimes of genocide, crimes against humanity, mass atrocities, etc. In light of the current humanitarian crisis of Rohingya in Myanmar, the effectiveness of the UN in preventing international crimes like genocide has been questioned, as it has failed, in some aspects, to implement policies addressing such a serious issue, despite having a substantial amount of UN-created policies intended to eradicate genocides. Behind this failure, some factors like geopolitics, a lack of the court's jurisdiction, and the weaknesses of international law played a dynamic role. However, the UN has proved its effectiveness to some extent; Gambia’s case against Myanmar in the ICJ is a good example. Still, there are some prospects on the part of the UN that can be effective in solving this issue.
Indian Journal of Law and Justice, Vol. 11 No. 1 (Part I), 2020
Present Bangladesh was once a part of the British Empire for almost two hundred years, which beca... more Present Bangladesh was once a part of the British Empire for almost two hundred years, which became East Pakistan (a part of the State of Pakistan) after separation in 1947. After the proclamation of independence on March 26, 1971, Bangladesh finally emerged as an independent nation on December 16, 1971, through the liberation struggle, which was sparked by the Bengali nationalist and self-determination movements. The Constitution, which is the solemn expression of the people’s will and the supreme law of the Republic, was adopted on November 4, 1972, based on fundamental principles like nationalism, socialism, democracy, and secularism. For the realization of the aims stated in the preamble, a number of fundamental rights have been incorporated into the Constitution, and the state is duty-bound to secure such rights through a democratic process. Moreover, fundamental principles of state policy were also narrated, and a socialist society was envisioned, setting economic, social, and political goals for governance. These principles are fundamental to governance and shall be applied in making laws, interpreting the Constitution, and forming the basis of the state's works. Since the adoption of the Constitution, several amendments have taken place, depending on changing situations, political needs, and developments; still, there is room left for modifications. Fundamental Principles of State Policy, Fundamental Rights, and Constitutional Amendments—all these factors have a great social impact on bringing about social changes. This paper aims to find out how these three factors influence social changes, along with their impact and acceptability; whether there remains harmony between constitutional amendments and social changes in Bangladesh; and lastly, to suggest some operative measures to direct the way of social changes caused by the above-mentioned factors in a positive way as much as possible for attaining the principle aims and ideals of the Constitution.
Fundamental rights have been inserted into the Constitution along with an effective procedure of ... more Fundamental rights have been inserted into the Constitution along with an effective procedure of enforcement when any violation is made to them by any act or omission of either executive or legislative, which is an independent fundamental right and without which the existence of fundamental rights in the Constitution would have been meaningless. If any fundamental right enumerated in Part III of the Constitution is violated by any act of public authority or any law, then the aggrieved person can make an application to the High Court Division to enforce the same, and once HCD finds that fundamental rights have been violated, it’s under constitutional obligation to grant relief and to give orders or directions to enforce the same. The right to move to HCD for the enforcement of fundamental rights is itself an independent fundamental right guaranteed by Article 44(1) of the Constitution of the People’s Republic of Bangladesh, and no restriction can be imposed upon this right. An aggrieved person can make an application to the HCD in the form of a writ petition for enforcing fundamental rights under Article 102(2).
Rape is definitely one of the most damnable crimes committed against the human body. To ensure in... more Rape is definitely one of the most damnable crimes committed against the human body. To ensure inclusive justice, punishment, and deterrence several rigid laws have been enacted; however, the rate of rape, both against women and children, is increasing which is a frightening phenomenon. Moreover, the admissibility of character evidence under section 155(4) of the Evidence Act, which is itself a black section, creates a barrier in guaranteeing justice by shifting focus to the character of the victim. This paper aims to find out some major defects existing in section 155(4), describing procedural barriers created by said legal provision while serving justice to the rape victims and to suggest measures as to how the deficiencies can be overcome, especially when a fiduciary relationship exists between perpetrator and victim.
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Papers by Arif Rayhan
The world community's emphasis on environmental issues accelerated due tothe frightening rate of environmental pollution and degradation, which causesglobal environmental catastrophes. Being a developing country, Bangladesh is
non-immune from the curse of environmental pollution, which is a threat topeoples’ lives. Technically, the Bangladesh Environment Conservation Act,which includes some development measures, was enacted in 1995, which wasone of the milestone steps toward protection, conservation, and development ofthe environment. However, the exhaustiveness of this Act is sometimes questioned.and this particular act is not free from criticism. This article aims to analyze: critically evaluate the Act and find out certain deficiencies. This paper alsosuggests some operative measures to overcome those lacking mentioned here.
The world community's emphasis on environmental issues accelerated due tothe frightening rate of environmental pollution and degradation, which causesglobal environmental catastrophes. Being a developing country, Bangladesh is
non-immune from the curse of environmental pollution, which is a threat topeoples’ lives. Technically, the Bangladesh Environment Conservation Act,which includes some development measures, was enacted in 1995, which wasone of the milestone steps toward protection, conservation, and development ofthe environment. However, the exhaustiveness of this Act is sometimes questioned.and this particular act is not free from criticism. This article aims to analyze: critically evaluate the Act and find out certain deficiencies. This paper alsosuggests some operative measures to overcome those lacking mentioned here.