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Chapter-One: Introductory

human rights


1.1 Introduction: Human rights are the tights which are possessed by all human beings irrespective of their race, caste, nationality, sex, language etc. simply because they are human beings. As pointed out by Fawcett, “Human rights are some times called fundamental fights or basic rights or natural rights. As fundamental or basic rights they are those which must not be taken away by any legislature or any act of Government and which are often set out in a constitution. As natural rights they ate seen as belonging to men and women by their very nature. Another way to describe them would be to call them ‘common rights’ for they are rights which all men and women in the world should share, just as the common law in England, for example was the body of rules and customs which, unlike local customs governed the whole country”. As pointed out by Lauterpacht since human rights are not created by any legislation, they resemble very much the natural rights. Any civilized country or body like the United Nations must recognize them. They cannot be subjected to the process of amendment even. The legal duty to protect human rights includes the legal duty to respect them. Members of the U.N. have committed themselves to promote respect for and observance of human rights and fundamental freedoms.

Today, the term ÒHuman rights” are used in connection with those rights which have been recognized by the global community and protected the international legal instruments. Human rights reflect the moral conscience of the world and the highest common aspiration that everyone should leave free from want and fear and have the opportunity to develop and dignity. U.N. has recognized the link between human rights and development in various conferences. People living in poverty are in double jeopardy. They suffer a violation of their economic right but they are also at risk discrimination and a denial of other civil and political rights.

Freedoms of the press and media are the guaranteed right in our constitution subject to some limitation for the interest of the security of the state and securing the administration of justice. Even where such press freedom is constitutionally guaranteed the question may arise what is meant arise what is meant by such freedom? It must no doubt include printed matter of all kinds and not merely newspaper but it also include other printing and or reading material ÒIncluding books, pamphlets, small poster, magazines, booklets etc.) which are of may be printed in the press. This freedom extends to the editorial comments, discussion of the government affairs, conduct of the public authorities the from of government and the affairs conduct of the public authorities the from of government and the manner in which the is to operate.

In democratic society press and the media play contemporary role for mobilizing the opinions of the people to ensure justice. Article 39 (2) of the constitution of Bangladesh guaranteed the right to freedom of thought and conscience, of speech or expression and freedom of press subject to reasonable restriction imposed by law in relation to contempt of court. These rights ensured by the constitution are inalienable right of every citizen. In our constitution ensures freedom of speech and freedom of press and media under article 39 if the constitution. It is an in alienable right of every citizen and it is.

only subject to a reasonable restriction imposed by law and subject to contempt of court. It has been held that freedom of speech is a valuable right to every citizen in a democratic policy but it is not an unfettered right but subject to creation limitation and reasonable restriction imposed by law.

No doubt about to say role of press is inevitable in modern society. It plays a significant role as a Òwatch dog” for the law enforcement machinery of the republic and the role of law. Former chief justice Latifrur Rahman in a article title a Ò Accountability of judges” published in 1999 BLD 96 reconfirmed the role of the press and media as a watch dog over the judiciary. Should refrain from publishing anything which demeaning, lowering the prestige and integrity of the judiciary. Now the judiciary is independent that’s why independence of judiciary and administration of justice should be treated with utmost respect and deference by all concerned. The dignity, prestige and image of the judiciary and that of supreme court must be dept, maintained and protected by avoiding any comments demeaning it or lowering it in the estimation of the public at large.

Freedom of press and in now very Frankly speaking one works as a check and balance of other. The press is recognized as a sentinel of public interest and a dynamic actor in the protection and promotion of human rights in all democratic nations around the word. It has a great responsibility to protect and promote human rights by projecting the issue concerning human rights in is news and investigative reports. Freedom of press and media becomes an issue because it is an important condition without witch advancement and protection of human rights will be impossible. It is right to every citizen to know about the happening which surrounding them and the more reliable sources from which they get it press. It is the duty of the press to publish true, authentic reports news based on facts not in fiction. It is also a duty of the every citizen as well as press to uphold the dignity of the judiciary and not publish any thing which malicious and libelous. According to Art 39 freedom of speech, press is tolerated so long as it is no malicious or libelous. This restriction imposed sole purpose of that everybody should maintained and respect the independence of judiciary dignity, prestige and image of the court. If any malicious and libelous act is published then the confidence over judiciary is prelude down which is never be expected.

Some may wish to argue that restriction on freedom of press may freedom of press may prevent society from ascertain the truth on matters of individual’s right to moral independence.


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