Could Bangladesh’s former prime minister, Sheikh Hasina, be extradited to the country to stand trial?

Former Bangladeshi prime minister, Sheikh Hasina, fled to India in early August after a mass uprising forced her to step down. Her resignation followed weeks of unrest in which nearly 650 people were killed and many more injured.

Since then, at least 94 criminal cases have been lodged against Hasina and her cabinet members, followers and aides. The charges against them range from murder, torture, enforced disappearance and abduction, to crimes against humanity and genocide.

Courts do have the authority to hold a trial in Hasina’s absence. But this is unlikely to be fruitful as there will be questions regarding fairness, due process and the motive behind the trial. At the same time, implementing the court’s orders would be tough should Hasina not be present.

So, from the moment she escaped Bangladesh, there have been calls to extradite her to stand trial for the crimes that took place under her leadership. But it’s far from certain whether India would hand her over should Bangladesh seek her extradition.

Bangladesh can, in theory, request the return of Hasina from India. New Delhi and Dhaka signed an extradition treaty in 2013, which was subsequently amended in 2016 to simplify the process.

Both countries were eager for such a treaty. Two of the convicts involved in the 1975 assassination of Hasina’s father, Sheikh Mujibur Rahman, who was also the first president of Bangladesh, were at the time hiding in India. Hasina’s government wanted to extradite the men to Bangladesh for execution.

Some countries, like Canada, refuse to extradite fugitives if there is a possibility that they will be executed. However, as India also retains the death penalty, extradition was granted irrespective of whether the convicts would face execution on their return. The two men were handed over to Bangladesh in 2020

India, on the other hand, sought the handover of Anup Chetia, the general secretary of the banned United Liberation Front of Assam militant organisation. Chetia, who had spent 18 years in prison in Dhaka, was returned to India in 2015.

According to the treaty, only crimes for which the punishment is a minimum of one year in prison can be extraditable offences. And the offence must be punishable in both countries. The accusations against Hasina are prosecutable in India, and the punishments for her alleged crimes are also substantial, so she can be extradited on these grounds.

Article 10 of the treaty makes it even easier for the requesting country. It states that an arrest warrant issued from a court of law will be sufficient for the extradition without furnishing concrete proof of evidence against the offender. That said, no arrest warrant has been issued for Hasina at the time of writing.

Not a simple task

However, the treaty itself also contains several provisions that could enable India to refuse an appeal for Hasina’s extradition. It could, for example, decline to return her on the grounds that the offences are political in nature.

It is generally accepted that extradition will be refused for political or military offences. This is justified by the need for states to remain detached from political conflict elsewhere, while also protecting the right of a state to grant asylum to political refugees.

The treaty does stipulate that an attempt to commit murder, manslaughter, kidnap, false imprisonment or incitement to murder shall not be regarded as political offences. And the charges brought against Hasina so far mostly fall under these categories.

But, even then, the treaty says a request can be denied if Indian courts determine that the accusation was not made in good faith or in the interests of justice. Courts may deny extradition if they believe Hasina would face political persecution, unfair trial or inhumane treatment upon her return to Bangladesh.

This will not be easy for Bangladesh to disprove. Some of the ministers from Hasina’s government who have been arrested over recent weeks were physically assaulted by apparent bystanders when being taken to court, and reportedly did not get the opportunity to be represented by a lawyer.

Several murder cases have also been said to be registered out of anger and resentment. Some people, including cricketer and ousted lawmaker, Shakib Al Hasan, have been charged as instigators or abettors when it is unclear whether the actual culprits have been indicted or not.

As a result, there are plenty of concerns over Hasina’s security and the fairness of any trial should she be returned to Bangladesh.

If Hasina’s safety is not guaranteed, then there is a chance she will be granted political asylum in India or elsewhere. Asylum would render the discussion of her extradition pointless as people with refugee status cannot be extradited. Sheikh Hasina has successfully obtained political asylum from India before, following the assassination of her father.

But her stay in India this time around has become complex. The interim government in Bangladesh has revoked diplomatic passports, including Hasina’s.

She is now reportedly trying to seek asylum in one of the UK, United Arab Emirates, Saudi Arabia or Finland. However, her son, Sajeeb Wazed Joy, has told the press that Hasina has not yet sought asylum anywhere and will “certainly go back” to Bangladesh when elections are declared.

The treaty itself cannot guarantee extradition in all cases. In practice, it merely provides a legal framework for mutual cooperation. The ultimate decision may rely more on diplomatic negotiations and the political will of both governments than it will legal arguments.

Published on The Conversation on 5 September 2024

Reprinted in the Dhaka Tribune as Opinion on 11 September 2024 on page 4.

Galway Needs Late Night Train from Dublin

Galway, a vibrant city known for its rich cultural heritage and lively atmosphere, is home for thousands of international students like me and professionals as well. Galway residents frequently travel to the capital Dublin for numerous reasons, including but not limited to work, training, conference, social events, leisure, cultural functions, visit family and friends etc. Train is not only the most convenient means of communication from Galway to Dublin but also the route is very scenic from train while students and young adults get cheapest train ticket with student and young adult leap card who often operate on tight budgets.

However, according to the new train timetable effective from 25 August will see the last train departing Dublin Heuston station one hour later than the usual at 20:30, still poses a significant challenge for those who wish to return to Galway (Ceannt) later in the evening. As the summer days stretch longer, with sunset often occurring after 10:00 PM, the need for late-night train service from Dublin Heuston to Galway (Ceannt) becomes even more pressing.

One of the primary reasons for launching late-night train is to accommodate students, professionals and travellers who go to Dublin for afternoon and evening events. Whether attending a concert, award ceremony, birthday party or other social gathering or even simply enjoying a leisurely evening in the capital, the current train schedule forces passengers to cut their activities short or face the inconvenience and high cost of staying overnight in Dublin. Given the already expensive accommodation options in Dublin, particularly during the summer months, this becomes an unsustainable burden for many. Alternatively, they need to take a bus which is again expensive than the train.

Moreover, many passengers prefer rail than bus because of its spacious inner interior with table which provides a mini workstation for many, luxury to have food and relax, safety and for various other cause. Furthermore, environmental considerations also support the case for a late-night train. Journey by rail is a more sustainable and environmentally friendly option compared to driving or flying. Encouraging more people to use trains, especially for late-night travel, could reduce the carbon footprint associated with intercity travel between Dublin and Galway.

The introduction of late-night train service would significantly enhance the quality of life for Galway inhabitants. By extending train services until 23:00 or at least 22:30, students and others could fully engage in academic, cultural, and social activities in Dublin without the stress of an early departure for the fear of missing travel by train. In addition, a late-night train would also support Galway’s tourism industry. During the summer, Galway attracts numerous visitors who might prefer to explore Dublin during the day but wish to return to the comfort of their Galway accommodations in the evening. The lack of late-night train limits their options, potentially discouraging travel between the two cities and reducing economic activity in both locations.

Nonetheless, Iarnród Éireann in conjunction with the National Transport Authority has already taken initiative to add seven additional train service between Galway and Dublin where there will be five additional weekday, and two additional Sunday services, including a new earlier first service at 5:45 AM and slightly extended last service at 8:30 PM. Thanks to the authority for increasing the capacity on existing services, with 41 new carriages to the Intercity railcar fleet.

However, enlarging the service until 11:00 PM will assist the commuters to utilise their time more fruitfully in one hand whereas on other hand it will provide flexible commuting option to the city dwellers. As Galway continues to grow as a cultural and economic hub, it is crucial that transportation options keep pace with the needs of its residents and visitors as well. A late-night train would be a significant step towards achieving this aim. So, I would like to urge the authority concerned to operate more late-night trains from Dublin to Galway immediately.

Published in the Galway Advertiser on 22 August 2024 at page 26.

Is It a Curse Not to be an EEA Citizen?

 It seems that not being an EEA citizen is a curse for us. Why? Because we do not have free movement to the Schengen area. Migrants like me legally residing in Ireland must need a visa to travel to any of the twenty-seven countries comprising the Schengen area. I’m a Bangladeshi-origin PhD student here in Ireland and I’m ready to fulfil the requirements to obtain a Schengen visa along with the visa and document processing fees. Albeit I did not even get an online appointment to submit the application for a Schengen visa from last February.

I constantly tried for an online appointment initially for the Netherlands and subsequently for Spain but failed to manage any yet. This is not a scenario for me alone, millions of immigrants coming from 105 different countries are suffering from the same problem for a long. Getting an online appointment for a Schengen visa for most of the popular EU destinations including the Netherlands, Belgium, Spain, Austria, Sweden, Denmark, Finland, Switzerland, Italy, Luxembourg, etc becomes a nightmare for legal residents in Ireland but neither an EEA nor a privileged country citizen who have visa-free travel right there. That is why, sometimes a few of my friends suggested me to try visa shopping meaning applying for comparatively less busy countries although I have no business or intention to stay there which has negative consequences as well if revealed later.  

Whenever I tried for an appointment on the designated portal, it always showed me there is no available slot on this category of visa at this moment. Normally, people need short-term Schengen visas for travel, business, conference, etc in any of the 27 Schengen countries. It is greatly frustrating that someone couldn’t go to Europe for leisure, conference, professional training, meeting family and friends, and so on only because the visa application process service providers do not have slot for an indefinite time without explaining a valid cause! This is simply unacceptable and illogical.

Usually, the process for application of visa is unnecessarily complex and cumbersome including filling up the application form properly, taking specific measured photos early, collecting various types of documents i.e proof of address, financial statement, evidence of legal residence in Ireland; accommodation, and flight booking; confirmation of health insurance; traveling to the application centre, keeping the passport there, etc. On top of that, agents of Embassies are pushing for extra services for additional money. Now, after all these stresses online visa appointments have become invisible dramatically!

Nonetheless, it is alleged that this highly expected and precious appointment could be managed through illicit means by paying extra money and compromising private information to the online brokers who seize slots once released by the concerned authority. Interestingly, the public is not informed about the opening time of online slots either by the Embassy or third-party service provider whereas the brokers know everything magically!

Although I got the reply that keep trying for appointment on our portal while I emailed to the Spain Embassy agent BLS International! Are the Embassies really helpless to prevent unauthorized access to their system by some illegal traders or they are not at all bothered about the sufferings of millions of non-EEA citizens? Is it believable that in the era of super technological advancement, they can do nothing to make the visa appointment readily available for genuine travellers from Ireland? However, frequent visits to the Schengen area will not only benefit the trippers but also boost the economy of those countries.

It is indeed pathetic that millions of travellers are being barred from visiting the Schengen area due to a mere technical negligence of the Embassies. Thus, the member States must take immediate measures to make the visa appointment available. Alternatively, the EU and the Irish policymakers should think of an alternative travel policy for the legal residents of Ireland to visit the Schengen area visa-free. 

Published in the Galway Advertiser on 1 August 2024.

The Application of Modern Technologies in the Legal Industry

 We are living in a digital age where Artificial Intelligence (AI) emerges as the most hyped among all currently. AI creates a vibe that it is human parallel intelligence although it is not in fact. The OECD defines AI as a machine-based system which has limited autonomy to make some decisions. It can be termed as complementary to human intelligence as it is made from natural resources with human intervention.

The legal industry has also become accustomed to the recent trend of AI-powered technological tools to expedite its services. However, applications of AI tech tools are quite uncommon in the legal profession in Bangladesh yet albeit it become popular in the US, the UK, Canada, Europe, Australia, China, and many other jurisdictions to do a range of routine legal works like data mining from large volume of document, contract review, pleadings writing, predicting timeline and outcome of lawsuits, pattern analysis, case management, law firm management, evidence analysis, document analysis, replying clients’ query through preprogrammed chatbot, triaging and allocation of matters, legal research, due diligence, risk assessment and even for adjudicating cases through automatic decision-making process. Consequently, it reduces the workloads, cost, and time of both the legal professionals and litigants as the technology-based tools can work promptly and tirelessly which also reduces the possibility of human error.

Nonetheless, digitalization of the legal sector is still an ambitious aspiration in Bangladesh whereas the government was successful to popularize the theme of ‘Digital Bangladesh’ and now has a vision to make ‘Smart Bangladesh’ by 2041. The whole judiciary is still operating in manual systems while it needs immediate adoption of useful modern technologies. It should transform the traditional approaches into digital not only to cope with the vision of the government but also to deliver a better service to the nation. Basic digitalization of legal services like e-case filing, e-track allocation, e-discovery, electronic case management, etc is not yet largely introduced in our court systems. Even elementary legal research like searching case laws from leading law reports electronically is not well organized and widely accessible in the country. Inauguration of effective tech tools in case filing, hearing, serial maintaining etc can reduce corruption and enhance accountability and transparency in the judiciary.

Although there are projects going on to deploy the latest technology-based solutions in the court processes in Bangladesh, still those are not fully implemented or are unsuccessful to address the issue. Nonetheless, there are some behavioural and practical barriers behind the non-digitalization of the legal industry in the country as well whereas the earlier Chief Justice faced protest from a group of lawyers while tried to convert the paper-based cause list into fully online for the Supreme Court case hearing. 

It is undeniable that there is a visible gap between modern technologies and the understanding among legal professionals (i.e judges, lawyers, court administrators, and staff) about how these tools work and how they can impact the fundamental principles of justice including transparency, access to justice, accountability and equality before the law, the openness of justice, procedural fairness, and efficiency. As a result, the stakeholders of the judiciary require comprehensive knowledge and training to deal with both the pros and cons of new technologies in their professional lives.

The subsequent couple of paragraphs of this article are going to exemplify various uses of tech tools currently in legal practice globally to make their profession less laborious although all of them get criticism from legal scholars simultaneously.

Legal professionals regularly review piles of files that waste a lot of time to find appropriate things. Finding necessary information in time is a challenge in the present system existed in Bangladesh for both lawyers and judges and it will be obviously chaotic when everything is preserved in paper-based files. E-discovery can be a solution through AI-driven tools to get instant information in seconds. E-discovery in law is the method of collecting, storing, reviewing, and exchanging information related to a case in an electronic format instead of keeping everything in the paper file. Moreover, with the aid of AI, it is possible to use filters and specific parameters, such as geographic locations or dates, when searching for data via AI-driven tools.

Additionally, AI algorithms can perform thorough searches and scans of databases of statutes, regulations, jurisdictions, case laws, and more what were done by junior lawyers earlier. AI software is also used to generate templates to automate the process of case record creation. In this process, filling in the details without the need to write everything from scratch can produce invoices, motions, agreements, pleading, bills, etc that enable legal practitioners to craft documents that are aligned with the data-driven insights. Moreover, AI can analyse previous landmark decisions rapidly to identify patterns in judgments, which can aid in projecting potential outcomes of similar cases. This prediction can debatably be advantageous in framing a legal strategy and settlement negotiations, offering lawyers and litigants valuable insights into the feasible direction a case may take.

However, there is a tension between the usefulness and risks of using tech tools including AI, Machine Learning, Natural Language Processing devices in the justice sector as they have inherent dangers in it too such as discrimination in the algorithm, bias and fairness concern, data protection, security of confidential legal data and privacy apprehension, compliance with the complexity of legal reasoning, expensive, insufficient access to internet, possibility to assist litigants by non-lawyers etc. On top of that, overdependence on technology may lead to injustice and diminish human intelligence and efficiency gradually. Therefore, this is high time to assess the prospects and threats that AI techniques present to the legal industry extensively.

Though legal professionals are slowly coping with the trend of technology, it is presumed that the use of AI empowered tools will be increased in the coming days in the judiciary. It is also questionably anticipated that full-fledged use of technology in the legal industry will alter the traditional atmosphere of the judiciary and encourage litigants to seek redress from court more conveniently. It will also give them comfort to file and conduct cases from convenient places as it will not always necessarily require physical attendance of them. However, we must apply tech tools in the legal practice with high caution and robust responsibly to maintain the standard of the profession and uphold the fundamental principles of justice.  

Published in the Daily Sun as Op-ed on 21 May 2024 on page 7.

Published in the Daily New Age as Lead Op-ed on 28 May 2024 on page 8.

Published in the Daily Sangbad as Lead Sub-editorial on 4 July 2024 on page 6.

Beyond the Gavel: The Twists of Prenatal Sex Detection

 In a recent decision, a divisional bench of the High Court Division (HCD) has imposed embargo on pre-natal sex detection in Bangladesh in order to prevent gender biased sex identification and protect unborn babies and pregnant women. The judgment triggered broader attention among the physicians and the larger community as it promulgated before the International Women’s Day 2024. 

Most news outlets and international agencies circulated that the HCD banned gender detection of fetuses in the mother's womb, but very few reported that it takes a nuanced approach and directed the authorities concerned to adhere to the guidelines prepared by the Directorate General of Health Services (DGHS). Those guidelines discouraged the disclosure of fetal gender identification for non-medical or social reasons, but they can detect and reveal the sex for the treatment of the fetus. 

So, it is not clear what discouraged means in this context until we get a detailed judgment and link it with the National Guideline for the Prevention of Son Preference and the Risk of Gender-Based Sex Selection, 2022 of the DHGS thoroughly. We also do not know the consequences of noncompliance yet as only parliament can inflict punishment for the breach of this law. Nonetheless, it is presumed from the statements of the DGHS’s lawyer that the court does not completely ban it, rather restrict it for non-medical or social purposes. Before this, it was not illegal to know whether a parent is expecting a boy or girl in Bangladesh. 

Why take such measures?

It is contended that there are multilayer risks of revealing sex of an unborn child in our society including feticide, termination of pregnancy, forceful sex selective abortion, health hazard for expectant mother, potential physical and mental violence, abandonment, divorce, discrimination, vulnerability, gender imbalance or even death. 

There is a common perception that Asian countries like Bangladesh, India, Pakistan, China, South Korea, Taiwan, etc, prefer a male child more than female for various economic, social, cultural, and religious reasons. Thus the probability of termination of the antenatal due to the disclosure of the gender before birth is very real, even if abortion is illegal in this country. The development and wellbeing of the unborn may also be hampered, if the expecting mother goes under severe physical and mental torture from her family to give birth to a boy. It also violates the right to life, right to health and dignity enshrined in the constitution of the country.  

Can this really prevent any gender-based violence?

Now, the question is, can the prohibition or “discouragement” of this disclosure of the sex of unborn babies for non-medical reasons address the concerns of gender inequality and imbalance, women emancipation, torture, inequality, discrimination, right to life, health and dignity, and more? 

Such measures may be regarded as an easy and temporary solution and an ineffective or inhumane attitude to boost the livelihood of our mothers and daughters. There is very limited proof that bans or restrictions have an impact. On the contrary, measures to change societal norms are effective at enhancing gender equity, thereby reducing the demand for sex identification and selection.

Mere nondisclosure of the gender of the fetus cannot prevent the risk of maltreatment towards unwanted girls and their mothers in the household. Even before the evolution of technologies to detect the sex of a fetus, the imbalance in ratios was attributed to killing or neglecting female infants. Furthermore, there will be a rise of several by-lanes to avoid the ruling of the court. 

Non-implementation of law is the most obvious reason for failure in Bangladesh and perhaps that is why the court took a cautious tactic despite having a strict anti-abortion law. Albeit, it is not certain whether the present verdict outlines anything about sex selection too. With the advancement of technology, it is possible to select the sex at the time of conception and during pregnancy. Additionally, who will be responsible for the contravention of the guideline? Shall a pregnant lady who undergoes a sex identification be penalized? The woman may be penalized for something forced on her by her family.

It is also supposed that the poor will be more marginalized through this intervention as affluent sections of the country may fly overseas like Singapore, Thailand, Dubai where neither abortion nor pre-natal gender identification is illegal. Henceforth, the restriction could inadvertently force the underprivileged to explore unsafe and potentially more costly avenues for sex identification. 

No results for India

Indian Supreme Court took an identical position to prohibit antenatal sex detection in 2001 and directed to strengthen their prevailing law. Subsequently, the Indian Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act of 1994 was amended and renamed as the Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (PCPNDT Act) to forbid sex selection before and after conception, and to control the use of pre-natal diagnostic practises for detection of certain aberrations. 

The Indian court placed the onus upon the parliament whereas ours preferred bureaucracy. Nonetheless, India also couldn’t benefit from their law. There is still a high gender imbalance, discrimination, inequality, vulnerability prevalent in Indian society today. 

Beyond discouragement or legal measures, a range of other holistic initiatives can decrease male preference and sex detection in society. Major political and legal reform to alter patriarchy and establish equality among all genders; broadening the engagement of women with economic activities and providing financial incentives; establishing equivalence in employment, income, and property enjoyment; political and social efforts to alter present gender norms; societal and media advocacy etc, are mentionable among them.

What about patient autonomy?

A medical practitioner who declines to disclose satisfactory data to the patient can be found negligent, or ultimately responsible for assault in developed jurisdictions as valuing a patient’s autonomy is now a core principle of medical ethics. So how can we define value for the patient’s autonomy in the pre-natal cases? Value for the patient’s autonomy comprises acknowledging the patient’s right to their own values, preferences, interests, and plans, irrespective of them being sensitive to society. Refusing information about fetal gender to check the prospect of an abortion implies a projection about what will be done based on the information given. It is not possible to predict everybody’s preference.  

Additionally, it is reasonable to assume a correlation between unmet strong sex preference that has not been satisfied and a higher risk of perinatal depression. Therefore, informing the gender of the fetus before the birth could facilitate a period of adjustment, reducing the emotional strain faced post-delivery. Also, in the sole situation of gynaecological care, non-disclosure could lead to impressions of powerlessness and resentment, impacting both the pregnancy and the labour negatively. It cannot be denied that, in some cases, revelation of the gender of the fetus may be beneficial for the upcoming parent and eventually for the child as well. 

The verdict triggers a fundamental question about the complicated balance between preventing a projected harm and respecting a patient's autonomy. The feasibility and effectiveness of such medical measures warrant thorough consideration. A more profound societal shift, encompassing legal, political, and cultural reforms, holds the key to addressing the complex web of issues surrounding gender inequality and sex identification and selection. 

In the pursuit of a more equitable and inclusive society, it is imperative to move beyond mere prohibitions and encourage a comprehensive approach that tackles the root causes of these challenges. In navigating the contours of pre-natal sex detection, our focus should extend beyond legal measures and delve into transformative initiatives that foster understanding, equality, and empowerment, thereby fostering a more just and compassionate society for all.

Published in the Daily Samakal as Sub-editorial on 9 March 2024 at page 4.

Published in the Dhaka Tribune as Op-ed (Long Form) on 20 March 2024 at page 5.

Published in The Business Standard as Lead Thoughts (op-ed) on 29 March 2024.

Legal Analytics: A Transformative Frontier in the Legal Industry

Like any other business, the legal industry also adopts technological advancement like legal analytics which includes modern tech tools e.g Artificial Intelligence (AI), machine learning, natural language processing, pattern matching technology etc. to facilitate the process of getting justice. Albeit historically, law and technology barely collaborated with each other to abolish the misery of litigants. There was a lack of innovation suits with the industry’s demand. It is either because of the incomputable nature of law or lack of in-depth research to make technology compatible with the need of legal services. The trend has been changed especially during the time of COVID19 when intervention of technology in judicial processes got wider acceptance all over the planet.

However, the legal industry cannot resist transforming itself with the massive wave of present AI fashioned legal analytics technologies and rapidly evolving digital society. Widespread use in almost every sector coupled with speedy growth of AI creates abundant opportunities for the justice system across the globe. This latest scientific innovation can bring changes to alter the landscape of traditional legal profession by improving existing approaches to fundamental principles of justice like access to justice, transparency, accountability, fairness and so forth.

Legal analytics denotes the use of computational data analysis tools and techniques to analyse data on the operation of the legal system or on the operations of legal professionals and enterprises. Legal analytics consists of many different approaches, for example some AI systems attempt to predict the outcomes of lawsuit, identify the trend of judgments of a particular judge, analyse evidence, mining data from large chunk of documents etc. A legal analytics device is also competent to take the advisory roles by gathering evidence or estimating recidivism rates based on readily available statistics that saves huge amount of time and labour of judges. In addition, it produces accurate data which if done manually is prone to error.

Today’s tech-savvy clients expect demonstrable efficiency, quality, and better outcomes in their litigation. Therefore, basic computational technologies along with legal analytics like AI powered tools are making their way into the legal industry, from legal aid organizations and courts to large law firms, corporate legal departments, and governments as well. Frequent use of these new devices reduces the workload of lawyers and courts, minimizes the cost of litigants, and undoubtedly saves time of both which also opens a new horizon for the judiciary to become people friendly. Therefore, legal analytics tools become popular all over the world although it is mostly unknown in our judicial system due to massive lack of digitalization.

Law chambers deploy legal analytics tools in their daily functions such as legislation and case law analysis, case management, automated contract review, pleadings and contract drafting to add greater value for their clients. Apart from these, there are some access to justice tools which even support non-lawyers in engaging with legal processes. Modern computational technologies have potentials to automate the delivery of various legal services to wide spectrum of litigants. For basic legal needs, access to legal services might come in the form of smartphones or other devices that can provide consumers with a catalogue of their legal rights and obligations, as well as providing understandings and possible solutions to common daily life law related complex problems.

The installation of legal analytics tools in the legal industry presents several significant challenges concerning legal profession. Among them, whether AI run robot is going to replace human judges and lawyers in court in coming days is the most prominent. It also changes the traditional thoughts, work process and enforcement of existing law and regulation.

Nonetheless, AI possesses inherent threats and potential risks in the legal industry too. There is real danger of providing legal advice, support and guidance by a non-lawyer taking aid from legal analytics tools which may affect the interest and rights of the client. Lawyering is a highly technical, sophisticate and regulated profession by professional body which needs to maintain certain standard and expertise while dealing with a lawsuit in the court whereas the standard of service will certainly not be maintained by non-lawyers that will ultimately damage the rights of litigants. Lawyers have a duty to provide competent representation and clear information to their client which cannot be monitored in this process. Profiling of judges by finding out the trends of judgment is another substantial concern of critics which may create pressure upon the judges to perform their duties fearlessly, thus it may convey negativity about judges to the community.

Apart from the above, incorporating legal analytics technologies into legal profession creates issue relating to ethics and professional integrity, discrimination, bias, data protection, privacy etc. AI tools are usually trained by human with precedents. Consequently, AI is merely trained to think and act in accordance with the previous decisions that may have bias and discriminatory elements in it, which has potential risk of violating principles of fairness and equal protection under the law. Additionally, AI often requires access to sensitive legal data and documents. Ensuring proper data protection and preventing unauthorized access is crucial to maintaining client confidentiality and complying with privacy regulations.

The complexity of cases, and of human nature, causes people to rely on lawyers and judges to include more of an emotional, psychological level of demand. Further, AI does not yet make good use of creative thinking, which is one of the major criteria to be a good legal professional.

Weighing the mentioned points, it is clear that new computational technologies could be beneficial for the industry if we can ensure meticulous innovation and use of it in the judiciary. The notion of rule of law, respect for human rights, non-discrimination, democratic values along with robust ethical guideline and responsible use of these tools must be included in driving force from problem definition, design, data collection, and data cleaning, to training, deploying, monitoring, and maintaining products, platforms, and systems.

There is great impact in what legal analytics tools can and will do to support legal professionals in their work but beside the AI hype, there is yet a necessity to entirely alert why and how to use this technology and what are the integral dangers.

Published in the Law & Our Rights page of The Daily Star on 1 March 2024 at page 10.

Published in the Daily Bonik Barta as Op-ed on 28 June 2024 on Page 4.

Punish the Perpetrator for Publishing Personal Photo

Nicole Fox Fenlon, a 21 years old Irish lady affectionately known as Coco to her friends and family died in January 2018 by suicide after suffering years of awful physical and online abuse. Jackie Fox, her mother exposed that the physical and online bullying had continued even after Nicole had tried to take her own life in 2016. The abusers made fake Facebook pages, they pressed her all the time through Snapchat, WhatsApp and Messenger to go and hang herself. They even sent her videos of a noose, showing how to hang herself. The abusers used online platforms because they knew they would get away with it that way as there was no law to prevent and penalise online harassment then. As a result, Jackie converted her unbearable grief into changing the laws around online harm and fighting tirelessly to legislate a stringent legislation to criminalise persistent online abuse that could better protect others from online bullying, abuse, digital harassment, cyberstalking and revenge porn.

Subsequently, the Irish policy makers have enacted a new law namely the Harassment, Harmful Communications and Related Offences Act in 2020, otherwise known as Coco’s law to address a number of emerging online offences including: taking and distributing intimate images online without consent; online or digital harassment; a specific offence of stalking; an expanded offence of sending, threatening or indecent messages; and revenge pornography after years of campaign and struggle of Jackie Fox. Albeit, this new legislation was not there to safeguard Nicole Coco but it will shield others’ lives and families from having to suffer like her.

However, digital harassment like sharing or threatening to share intimate image online without consent is a global concern nowadays particularly after the evolution and popularisation of social and communication media. Almost every day male, female, transgender and children become victim of these crimes in anywhere of the world. There are many offences involved with these incidents i.e blackmailing, sextortion/extortion, fraud etc. The scenario of Bangladesh is not different as the scope and legal framework to deal with digital harassment is still narrow here.

‘I possess your intimate photos/videos and I am going to spread them if you don’t …’ is a common threat for both male and female in Bangladesh. Although incidents of online sexual harassment and/or cyber bullying are hardly reported by victims as it barely brings justice and social stigma along with the fear of victim blaming and character assassination. Limited implementation of existing laws to stop the offenders from engaging in such horrendous activities is another reason to not bring the issue into discussion.

However, there are a number of laws at present in Bangladesh i.e the Nari O Shishu Nirjatan Daman Ain, 2000 (Women and Children Repression Prevention Act); the Information and Communications Technology (ICT) Act, 2006; the Pornography Control Act, 2012 and the Digital Security Act (DSA), 2018 to deal with online harassment to some extent. Nonetheless, none of the above law is comprehensive to adequately address digital sexual harassment in social media and other online platforms. Like section 9A of the Women and Children Repression Prevention Act, 2000 states whoever wilfully snatch the reputation or character of a woman without her consent and by this directly induce the woman to commit suicide shall commit an offence of inducing suicide and he shall be punished with imprisonment which may extend to ten years and also liable with fine. The law does not specifically mention about digital harassment or online sexual violence like: sexting, online stalking, revenge porn or spreading intimate image online. It is also essential to train the staff working for the National Helpline for Violence Against Women and Children (109) to handle digital sexual crimes sensibly.  

Section 57 of the controversial ICT Act provides that anyone can be punished for any false and obscene posts online for a maximum of 10 years of imprisonment and maximum fine of taka 1 crore although it does not define the term ‘obscene’. The Pornography Control Act, 2012 makes it a crime if anybody entices any woman, man or child to participate in producing pornography and captures still images or videography of that with or without his knowledge under section 8(1). Furthermore, the Act has provision to penalize a person who harms the social or personal dignity of another person through pornography, or extorts money or any other benefit through fear, or mentally tortures through pornography recorded knowingly or unknowingly of that person (S. 8(2)). Distribution of pornography through internet, website, mobile phone or any other electronic device is also prohibited under section 8(3) the mentioned Act. Nevertheless, the Act focused only on pornography, not even revenge porn or other aspects of online sexual harassment. Again section 29(1) of the debated DSA merely penalizes dissemination of defamatory contents on online platforms whereas there is no mention about sharing or threat to sharing intimate photos or videos.

However, Coco’s law aims to prosecute the evolving forms of digital harassment by amending the previous concepts and provides anonymity to the victims of those crimes. Consequently, sharing or threatening to share intimate image online without consent and with or without intent to cause harm to the victim is a now a crime in Ireland. Intimate image denotes to a person’s underwear covered or not intimate part of body like genitals, buttocks, anal region and breasts, or a person who is nude or someone engaged in sexual activity. It is irrelevant whether the person in the image willingly took it and sent it to someone they trusted, if it is then shared with others without consent. It also includes a picture taken or content recorded without the knowledge of the person in the image. The punishment for this offence is up to seven years in prison and an unlimited fine. The law also recognizes it a crime which is often referred to as a ‘deep fake’ i.e send an intimate image purporting or claiming to be of another person even if the image is not actually of them.

The recording, distribution or publication of intimate image is also a punishable crime under the law, even if the person who records, distributes or publishes the image without consent, does not need to have intended to cause harm. It will be sufficient that the taking, recording or distribution of the intimate image seriously affected the other person’s peace and privacy or caused them harm, alarm or distress.

Now, the question is how long shall we wait for a Coco’s law in Bangladesh? Aren’t we hearing the misogyny of hundreds of thousands of victims of online sexual abuse and/or exposed intimate photo/video victims or shall we waiting for another Nicole Coco to dedicate her life to catch the attention of the legislators? In light of the sheer volume of digital sexual harassment in virtual world, a proper legislative mechanism should be considered to address the issue urgently.

It is true that there is no shame in someone's body rather it is reprehensible to threaten people by demonising their personal lives. However, this is high time to build safer digital Bangladesh by firstly recognizing these common offences happened on online platforms regularly and enact a new legislation like Coco’s law containing provisions penalizing all new forms of digital sexual harassment and a regulatory framework for prevention of these crimes from being circulated on social and communication media platforms. Moreover, the law has to create an easy and accessible complaint mechanism for all the victims of non-consensual distribution of private and/or intimate images maintaining anonymity. Additionally, the law should insert provision for conducting the proceedings in camera and ensuring that the victims do not have to undergo additional harassment from state institutions. Otherwise, the offenders will get immunity in absence of a concrete law and turn the virtual world of digital Bangladesh into a heaven for digital sexual harassment.

Published in the daily Asian Age as Op-ed on 13 October 2023 on page 7.

Published in the Desh Rupantor as Sub Editorial on 18 March 2023 on Page 4.

Published in the Dainik Bangla as Sub Editorial on 21 March 2023 on Page 8.

Published in the Progress Magazine as an Article in the November 2023 Issue.