Navigating Turbulence - The Bangladesh Crisis and the Role of New Judicial Judgments

The Liberation War of 1971 which gave birth to a nation

In the Bangladesh crisis it lies the fallout of the painful episodes of 1971 year when East Pakistan of the time pressed for independence from its western arm which is now Pakistan in present. The atrocities of this distinct activity, also known as the Bangladesh War of Independence, were marked by genocide, mass rape, and mass exodus. The war culminated in the winning of the war and creation of Bangladesh as a sovereign nation on December 16, 1971 almost after a nine-month long war.

The 1971 war legacies continued to mark the national identity of Bangladesh and spill over into the political dynamics of the state. The demand for justice and against the war crimes perpetrated during this war is an important part of the history of crises in Bangladesh. The historical grievances were partially addressed with new decisions from the International Crimes Tribunal securing justice for several individuals implicated in war crimes.

Political Instability and Weaknesses in Governance

Political conflict and weak governance Bangladesh’s history since independence has been marked by chronic conflict. Assassinations, coups and military rule were the first decade of the country’s existence. The assassination of Sheikh Mujibur Rahman in 1975 plunged Bangladesh into a deep abyss from which people could not escape until 1991, when democracy returned after years of military dictatorship. However, political rivalry between the two main political parties, the Awami League and the Bangladesh Nationalist Party, often leads to conflict, which in turn causes problems in Bangladesh. The country face weak connections, governance as well as independent institutions to be slowly eroding in the country. In this context, the judiciary should be seen as the final step towards the salvation of the country in the eyes of all. Recent new rulings aimed at curbing corruption and strengthening the rule of law have strengthened the judiciary's role as a key player in reducing violence in Bangladesh.

Human Rights Violations and Judicial Interference

Human rights violations in Bangladesh have become a threat to the country and have led to widespread violence in Bangladesh. There are Arbitrary arrests, enforced disappearances as well as reports of violations of freedom of expression have drawn worldwide attention. History has proven that this is simply a state practice and behaviour that seeks to curb people’s rights for the sake of national security and culture. This new punishment is important in bringing law enforcement officials responsible for human rights violations to justice. For example, in 2017, the Bangladesh Supreme Court issued a landmark ruling rejecting the controversial Sixteenth Amendment to the Constitution, which allowed Parliament to abolish the Supreme Court. The new order has been hailed as the triumph of an independent judiciary and a step towards solving the problem caused by the destruction of democracy in Bangladesh.

The Refugee Crisis of the Rohingya

The unfolding of the humanitarian crisis in the country had strategic implications for the crisis history of Bangladesh, as the Rohingyas poured into the country being persecuted from neighbouring Myanmar. Almost 700,000 Rohingyas in total have been poured into Bangladesh since 2017 as making the unfolding disaster one of the worst in history. Coordinating a government-run, managed humanitarian effort and negotiating safety for their return have not been without obstacles.

The judiciary has also tried to address the legal perspective of the crisis faced by the Rohingya. New judgments are coming from the Bangladesh High Court recognizing refuge rights and humane treatments. In 2020, the High Court gave a landmark judgment when it ordered the government to provide birth certificates to Rohingya children born in Bangladesh, officially recognizing their right to identity and access to basic services.

Bangladesh's Environmental Battle: A Climate of Crisis

Bangladesh's journey towards development has been inextricably linked to a growing environmental crisis. As a low-lying delta nation, it is acutely vulnerable to the impacts of climate change, including devastating floods, cyclones, and rising sea levels. This environmental pressure has compounded the challenges faced by the country, creating a complex interplay between economic growth and ecological sustainability.

Courts have increasingly recognized the urgent need for environmental protection and have issued landmark rulings to safeguard the nation's natural resources. By imposing strict regulations on polluting industries, mandating the restoration of damaged ecosystems, and protecting vital waterways, the judiciary has emerged as a powerful advocate for environmental justice.

The Digital Security Act and its Impact on the Country

The Digital Security Act (DSA) has cast a lasting impression on Bangladesh's independence. Broad and often vague laws are used to silence dissenters, intimidate journalists, and limit the fundamental right to freedom of expression. Although some decisions raised concerns that the law could be abused, others followed the letter of the law, creating legal confusion. This underlines the urgent need for a full review of the DSA to ensure that it meets international human rights standards and guarantees fundamental freedoms.

Bangladesh is grappling with a complex, interconnected set of crises that have their roots in its past and contribute to its current challenges. The country has suffered greatly, from the trauma of the 1971 War of Independence to ongoing human rights violations, conflicts and environmental destruction. Judges have begun to alleviate these problems by addressing historical injustices, upholding the rule of law, protecting human rights and ensuring environmental justice.