Democracy and Human Rights

Surendra Kumar Sinha

Senior most Judge of the
Appellate Division
and
Chairman of Bangladesh
Judicial Service
Commission.

The topic that you have selected is a pressing issue of the
day in the national as well as in international area. Democracy,
according to the dictionary definition is a form of government
in which the Supreme Power is vested in the people collectively,
and is administered by them or by officers appointed by them;
the common people; a state of society characterized by
recognition of equality of rights and privileges for all people;
political, social or legal equality
1.
Freedom and democracy are
often used interchangeably, but the two are not synonymous.
Democracy is one of the universal core values and principles of
the United Nations. In democracies, the use of arbitrary power
is considered as an anathema to the rule of law. Fundamentally,
constitutional limits on power, a key feature of democracy,
requires adherence to the rule of law. In short, democracy is
the institutionalization of freedom. For this reason, it is
possible to identify the time-tested fundamentals of
constitutional Government human rights and equality before the
law that any society must possess to be properly called
democratic.
One of the great mysteries of the twentieth century is why,
for its first forty years, there was virtual silence of

1
The Chambers Dictionary, 10
th
Edition.
September 15, 2013


2
Universal Human Rights from European intellectuals, politicians
and public figures. Even as Jews in Germany were forced out of
jobs and professions then into labour camps, even at kulaks,
then old Bolsheviks and later millions of innocent citizens were
exterminated in the Soviet gulag, still the notion of protecting
human rights was not raised either at the League of Nations or
in academic journals or the popular press. The Universal
Declaration of Human Rights was drafted by the Human Rights
Commission after receiving a detailed report on the prosecution
evidence at the Nuremberg trials. The killing of useless
eaters, the Einsatzgruppen orders to kill indiscriminately,
the gas chambers, Mengele experiments, night and fog decrees
and the extermination projects after Kristallnacht were at the
forefront of their minds and provided the examples to which they
addressed their drafts.
2
Thus the first draft of Article 3
Everyone has a right to life, liberty and security of person
(originally went on except in cases prescribed by law) until
it was realised how many had been put to death under perfectly
valid laws passed by the Nazis.
What emerged was not a legal guarantee but a declaration
made by the General Assembly, putting beyond doubt the nature
and meaning of the pledge to respect human rights contained in
Article 55c of the Charter.
3
What it did not do was to impose
any legal duty on member states to comply with human right
standards. This could have been accomplished, as several small

2
Johannes Morsink, world war Two and the Universal Declaration, HRQ 15 (1993) P.357
3
Charter of the United Nations, Chapter IX: International Economic and social Co-operation.


3
countries urged, by incorporating a bill of rights in the
Charter: the move was opposed by all the major powers, conscious
of the motes in their eyes. France and United Kingdom had no
desire at the time to grant any form of democracy to their
colonies; all the southern states of United States had Jim
Crow laws discriminating against blacks; there was millions
still consigned without trial to sovict gulags. The Super powers
did not adhere to the declaration. This vagueness was quite
deliberate; no great power was prepared in 1945 to be bound by
the international law in respect of treatment of its own
subjects. The Universal Declaration of Human Rights was adopted
by forty-eight members of the General Assembly on 10
th
December,
1948.
One man, one march, one speech, one dream that started
quest for social change by confronting United States a
differently. Martin Luther King Jr. who joined Jefferson and
Lincoln in the ranks of men whove shaped modern America. The
Dream speech, along with the Civil Rights Act 1964 and the
Voting Rights Act, 1965 allowed, finally broke the bonds of
segregation and Jim Crow that had imprisoned Americas final
dreams. On August 28, 1963 he said I say to you today my
friends.. even though we face the difficulties of today and
tomorrow, I still have a dream,..It is a dream deeply rooted in
the American Dream. I have a dream that one day this nation will
rise up, live out the true meaning of its creed; We hold these
truths to be self evident, that all men are created equal..I


4
have a dream that my four little children will one day live in a
nation where they will not be judged by the colour of their skin
but by the content of their character..
I would like to go back to the moot question as to what is
a right and what exactly is a human right. One cannot
comprehend the significance and utility of various Conventions,
Declarations or Treaties such as, The Declaration of St.
Petersburg of 1868, the first Hague Conference of 1899 followed
by Hague Rules of Air Warfare of 1923 and the Convention for the
Protection of Civilian Population Against New Engines of War
adopted by the International Law Association in 1938, brought
about semblance of some order, the Geneva Conventions of 1927
and 1949, The Treaty of Paris of 1856, The Treaty of Berlin of
1878, Polish Treaty of 1919 etc, on the subject unless one
appreciates these concepts in a proper perspective.
The ordinary meaning of the word Right in the sense we
are discussing, concerns that which a person has just claim to,
or that which belongs to a person by law, privilege, tradition
or nature. When we talk of human rights, we are talking of a
concept that draws substantially from what we traditionally
refer to as the natural rights. The concept of traditional
natural rights is larger in scope, one of which the subject of
human rights is indeed a part. Natural rights are necessarily
those rights that have been bestowed upon human beings by nature.
The very fact that A being created by nature vests in that


5
being certain rights. The most basic of these natural rights are
the right to life and the right of liberty.
Since humen are social beings, they establish for
themselves organisations known as society or, politically
speaking, the state. This naturally required a balance to be
created between individuals rights and public interest. Human
rights thus came to be evolved as those of the natural rights
which are fundamental to the very existence and growth of a
human being and which every civilized society would like to
ensure into them, albeit its own larger interest. The concept of
human rights has to be of universal application. There can not
be a different set of human rights for one part of the humanity
and another for a different part of the humanity. Prof. Louis
Henkin of Columbia University in an article describes this trait
in the following words:
They do not differ with geography or history, culture
or ideology, political or economic system or stage of
development. They do not depend on gender or race,
class or status. To call them rights implies that
they are claims as of right not merely appeals to
grace, or charity or brotherhood or love; they need to
be earned or deserved. They are more than aspirations
or assertions of the good but claims of entitlement
and corresponding obligation in some political order
under applicable law, if only in a moral order under a
moral law.


6
The right to a healthy environment is now to be found in a
number of regional human rights instruments around the globe.
Article II of the Additional Protocol to the Inter-American
Convention of Human Rights (1994) popularly known as the San
Salvador Protocol States: (a) everyone shall have the right to
live in a healthy environment and to have access to basic public
services; (b) the state parties shall promote the protection,
preservation and improvement of the environment. The Convention
of the Rights of the Child 1989, article 24(2)(c) requires state
parties in the matter of combating disease and malnutrition to
take into consideration, the damage and risks of environmental
pollution. The African Charter on Human and Peoples Rights
1981 proclaims in Article 24(1) a right to a general
satisfactory environment favourable to their development. In
the final report on Prevention of Discrimination and Protection
of Minorities listed amongst other including: (a) the right to
freedom from pollution, environmental degradation and activities
which threaten life, health or livelihood; (b) protection and
preservation of the air, soil, water, flora and fauna; (c)
healthy food and water; a safe and healthy working environment.
In the Stockholm Declaration 1972, it was declared Man has
the fundamental right to freedom, equality and adequate
conditions of life, in an environment of a quality that permits
a life of dignity and well being, and he bears a solemn
responsibility to protect and improve the environment for
present and future generations. In the United Nations General


7
Assembly, resolution No.45/94 recalled the language of Stockholm,
stating that all individuals are entitled to live in an
environment adequate for their health and well-being. All global
and regional human rights bodies have accepted the link between
environmental degradation and internationally-guaranteed human
rights. The European Convention on Human Rights has also been
invoked in environmental matters. In Europe, most of the victims
invoke either the right to information or the right to privacy
guaranteed under the Convention. Under the said Convention and
Protocol, it has been recognized that pollution or other
environmental harm can result in a breach of one is right to
privacy and family life.
In Argentina, its Constitution recognizes since 1994 the
right to a healthy and suitable environment. In Columbia, the
right to the environment was incorporated in 1991. Our
Constitution though does not explicitly provide for the right to
healthy environment, Article 31 states that every citizen has
the right to protection from action detrimental to the life,
liberty, body, reputation, or property, unless these are taken
in accordance with law. The words action detrimental to the
life also encompasses any action which is detrimental to
healthy life. There are different subordinate laws on the
subject, such as, the Removal of Wrecks and Obstructions in
Inland Navigable Water-ways Rules, 1973; The Bangladesh Wild
Life (Preservation) Order, 1973; The Bidi Manufacture
(Prohibition) Ordinance, 1975; Bangladesh Paribesh Sangrakhan


8
Ain, 1975; Paribesh Sangrakhan Bidhimala, 1997 and The Jaladhar
Sangrakhan Ain, 2000 etc.
The Preamble of the Universal Declaration of Human Rights
is of utmost importance. It envisioned the foundation of
freedom, justice and peace in the world and in the wake of
instances of barbarous acts which have out-reached the
conscience of mankind showing disregard and contempt for human
rights, the need for the advent of a world in which human
beings shall have inherent dignity and equal and inalienable
rights, enjoying freedom of speech and belief and freedom from
fear and want. The principles proclaimed in the Charter had
shown recognition of the inherent dignity and of the equal and
inalienable rights of all members of the human family as the
foundation of freedom, justice, and peace in the world. It
naturally flowed from the Universal Declaration of Human Rights
that the ideal of free human beings enjoying civil and political
freedom from fear and want could be achieved only if conditions
were created whereby everyone must enjoy his civil, political,
economic, social and cultural rights.
Article 31 of Bangladesh Constitution added that the
citizens and residents of Bangladesh have the inalienable right
to be treated in accordance with law. Environment is viewed more
as a resource basis for the survival of the present and future
generations. Man has the fundamental right to freedom, equality
and adequate conditions of life, in an environment of quality
that permits a life of dignity and well being and he bears a


9
solemn responsibility to protect and improve the environment for
the present and future generation. The persons who are
responsible to protect environment and ecosystem may be
unconcerned about the enormity of the injury which it inflicts
on the public health at large, the courts have no justification
for ignoring the seriousness of the subject.
So every person, organisation and institution has an
obligation and duty to protect environment. Every person and
institution has to play the assigned role to the best of ones
capability to save Bangladeshs forest, wetland and wild life.
Environmental degradation can be either localised, such as, the
depletion of the nations wetland, forest resources, open spaces
or global, such as destruction of the Ozone layer. There are
various laws and rules for protection and preservation of
environment, but protection and preservation of the environment
is still a passing issue of the day despite such laws. The main
cause for environmental degradation is lack of effective
enforcement of various laws. The international community has
increased its awareness of the relationship between
environmental degradation and human right abuses. Human rights
and environmental law have traditionally been envisaged as two
distinct independent spheres of rights. Now-a-days, the peoples
perception is aroused to the notion that the cause of protection
of the environment can be promoted by setting it in the
framework of human rights, which has by now been established as
a matter of international law and practice.


10
Our Supreme Court of Bangladesh, over a period of forty
one years, is growing into an institution wielding enormous
power in every sphere of human activity. After an initial
resistance, the Executive and Legislature yielded to the will of
the Apex Court of the country, which gradually attained a
position of preeminence among the three organs of the Republic.
Most noticeable aspect of the progress of the Supreme Court is
that it shed along the way of limitation inherent in the
exercise of judicial power. It, consequently, became a
powerhouse of judicial activism. The awesome power exercised by
the Supreme Court could be seen by its pronouncements
encompassing every sphere of the nations activity political,
economic, social, environmental. There was no grievance too
insignificant to attract its palliative and curative
jurisdiction. Striking down laws and executive action was part
of its prerogative. The founding fathers never dreamt that
Parliament could be rendered accountable to the Supreme Court
for exercising its plenary power of amending the Constitution,
which according to Parliament was a constituent power, by the
court evolving the novel doctrine of basic structure of the
Constitution nor did the Parliament ever contemplate that a
day could come when the Executive would no more have a
significant voice in the confirmation of the Judges of the High
Court Division contrary to the provisions of the Constitution,


11
which expressly vested the power of appointment and confirmation
in the President.
4

When the Executive fails to address the issues of the
nation, the Appellate Division took pivotal role and gave
direction to follow the rule of law. In Mohiuddin Farooque
5
it
extended the parameter of Human Rights and aggrieved person.
In the absence of any provision like The State shall endeavour
to protect and improve the environment and to safeguard the
forests and wild life of the country
6
in our Constitution, yet
the Appellate Division extended its jurisdiction taking aid of
Articles 27, 31 and 32 of the Constitution. It observed, All
citizens are equal before law and are entitled to equal
protection of law in accordance with Article 27. Article 31
gives right to a citizen to enjoy the protection of law and to
be treated in accordance with law. In particular, it guarantees
that no action detrimental to the life, liberty, body,
reputation or property of any person shall be taken except in
accordance with law.... It encompasses within its ambit, the
protection and preservation of environment, ecological balance
free from pollution of air and water, sanitation without which
life can hardly be enjoyed.
On the question of aggrieved person it observed Article
102(1) is, therefore, a mechanism for the enforcement of
Fundamental Rights which can be enjoyed by an individual alone

4
Idrisur Rahman (Md) V. Bangladesh, 61 DLR 523(FB).
5
Mohiuddin Farooque V. Bangladesh, 49 DLR(AD)1.
6
Article 48A of the Constitution of India.


12
insofar as his individual rights are concerned, but which can
also be shared by an individual in common with other when the
rights pervade and extend to the entire population and territory.
Article 102(1) cannot be divorced from part III of the
Constitution.
In an another landmark judgment, in Metro Makers and
Development Ltd.
7
the Modhumati Model Town Project under
Bilamalia and Bailarpur Moujas under Savar police station was
declared unlawful and the Metro Makers are directed to restore
the wetlands of those two Moujas to its original position. The
Appellate Division noticed that the project near Ameen Bazar
within those Moujas is situated within sub-flood flow zone, and
the Modhumati Project started filling earth in the substantial
part of the Zone with an object to implement an unauthorised
non-permitted satellite township. The Appellate Division in
unequivocal terms observed amongst others:
(a) the rivers and flood plains are the provider of water
both for agricultural irrigation and for urban uses;
(b) land development within the designated flood areas of
DMDP
8
structure plan should be controlled in order to
avoid obstructions of flood flow, otherwise there would
be adverse hydraulic effects, such as, the rise of flood
water levels and changes in flow direction any

7
Civil Appeal No. 256 of 2009.
8
Dhaka Metropolitan Development Plan.


13
development work within flood plains should be made
without restricting flood flow;
(c) land development for residential, commercial and
industrial use by raising the level of land by filling
earth should be strictly prohibited in main Flood-Flow
Zone;
(d) any person, body, organisation, company makes
development and/or changes wetland within the Master
Plan area without permission of the authority will be
treated as an offence and be punishable under section 8
of Act XXXVI of 2000............ .
The right to life has been used in a diversified manner in
Bangladesh. It includes, interalia, the right to survive as a
species, quality of life, the right to live with dignity and the
right to livelihood. However, these are negative rights, and not
positive, self-excutory rights, such as is available under the
Constitution of the Philippines. It states; The state shall
protect and advance the right of the people to a balanced and
healthful ecology in accord with the rhythm and harmony of
nature.
9
In contrast Article 32 of our Constitution states; No
person shall be deprived of life or personal liberty save in
accordance with law. Referring to the decision of the
Appellate Division in Mohsinul Islam
10
, the High Court Division
in Saleemullah
11
held that the state is bound to protect the

9
Section 16, Article II of the 1967 Philippine Constitution.
10
RAJUK V. Mohsinul Islam, 53 DLR (AD) 79.
11
SAlemullah V. Bangladesh, 55 DLR 1.


14
health and longevity of the people free from threats of man-made
hazards unless that threat is justified by law and as such,
action of authorities in converting open space for park into
residential plots is violative of the fundamental rights
guaranteed. In the same view, it has been held in Dr. Mohiuddin
Farooque
12
that the public functionaries are under an obligation
to preserve pollution free environment to protect life from all
its ill-effects and necessary direction was given to them to
take sufficient measures to control pollution by industries and
factories. For preservation of environmental and ecological
balance, the court directed RAJUK to maintain Gulshan-Baridhara
lake as per lay out plan.
13
The High Court Division found
imposition of Value Added Tax on receipts of medical and dental
treatment, pathological laboratory and fees of specialised
doctors to be ultravires Articles 18 and 32.
14

If the framers of the Constitution intended to apply the
same standard of reasonableness to a law involving deprivation
of life or personal liberty, making a separate provision as in
Article 32 was unnecessary.
In the American jurisdiction, statutes impairing life and
personal liberty are subjected to strict scrutiny by the court.
15

A law providing for deprivation of life or personal liberty must
be objectively reasonable and the court will inquire whether in

12
Dr. Mohiuddin Farooque V. Bangladesh, 48 DLR 438.
13
Human Rights and peace V. Bangladesh, 2010 DLD 125.
14
Advocate Zulhasuddin V. Bangladesh, 2010 BLD 1.
15
Lochner V. New York, (1905) 198 US 45.



15
the judgment of an ordinary prudent man the law is reasonable
having regard to the compelling, and not merely legitimate,
governmental interest. It must be shown that the security of the
state or of the organised society necessitates the deprivation
of life or personal liberty. A law is not arbitrary merely
because the authority may abuse the power.
16

Public Interest litigation is one of the many innovations
that give life to the Supreme Court of Bangladesh being the
bulwark for the maintenance of democracy and a bastion of civil
liberties. It is a patent instrument of social justice to bring
about equality in result. It is used only after careful scrutiny
of the issue in hand, and directions given only when necessary.
The only function of the court is to protect the rights of the
people, and all its actions are directed to further this
function. It must be realised that before criticizing the court,
which serves as the whip hand of the people towards any wrong
being done by the state, the other organs of governance latter
must make sure that their conduct is explanatory and without
fault, so as to deserve the trust of the people.
The final cause of law is the welfare of the society. The
rule that misses its aim cannot permanently justify its
existence. Ethical considerations can no more be excluded from
the administration of justice which is the end and purpose of
all civil laws than one can exclude the vital air from his room

16
Ahmed Noor Mohmed Bhatte V. Gujrat, AIR 2005 S.C. 2115.



16
to live. Another aspect to be highlighted is the Latin maxim
Boni judicis est ampliare jurisdictionem, that law must keep
pace with society to retain its reliance. It must continue to
govern our justice delivery system. If the society moves but the
law remains static, it shall be good for neither of them.
It is sometimes said International Laws, particularly
Customary International law over the years of the commitment has
been constituted a comprehensive legally binding system for the
promotion and protection of human rights. International law is
perceived as a law between states whereas national law applies
within a state, regulating the relations of its citizens with
each other and with that state. Neither legal order has the
power to create or alter rules of the other. When international
law applies in whole or in part within any national legal system,
this is because of a rule of that system giving effect to
international law. In case of a conflict between international
law and national law, the dualist would assume that a national
court would apply national law, or at least that it is for the
national system to decide which rule is to prevail.
17
Once a national Court has determined that international law
is in some way applicable to a matter before it, it falls to the
court to determine how that law is to sit alongside any national
law that may also be applicable. Indeed, the increasing
penetration of international law into the domestic sphere has to
an extent muddied the distinction between the two. Thus

17
Browlies Principles of Public International Law, Eighth Edn. By James Crawford P.48


17
international law is increasingly finding its way into national
courts, and judges are increasingly finding themselves called
upon to interpret and apply it or at least to be aware of its
implications.
Again, the approach of a national court to international
law will be largely determined by the rules of the jurisdiction
in question. But certain issues common to many or all
jurisdictions may be identified.
(a) Courts may be called upon to adjudicate in conflicts
between a municipal law on the one hand, and a rule of
customary international law on the other. Many
municipal systems now appear to have in one way or
another accepted customary international law as the
law of the land even where no constitutional
provision is made, but questions remain as to how it
fits within the internal hierarchy of a national
system. As a general (but by no means absolute) rule,
an extant statute will prevail over a rule of
customary international law if no reconciliation is
possible by way of interpretation. (Italics Supplied).
(b) In other (dualist) systems where the conclusion of a
treaty is an executive act, it will be for the
legislature to implement the treaty as part of
domestic law insofar as this may be required. In
such a system the treaty is applied by the courts as
mediated by the legislation, and legislation will


18
prevail, again unless the issue can be resolved by
interpretation.
(c) When applying international law rules, municipal
courts may find it necessary to develop the law,
notably where it is unclear or uncertain. This will
include consideration of how the international rule is
applicable in a domestic context, a process which has
been notable, for example, in the field of state
immunity.
(d) Even in monist systems, the court may need to
determine the extent to which a rule of international
law may be directly applied. For example, a treaty
(even if duly ratified and approved in accordance with
constitutional processes) may be held non-self-
executing, that is to say, inapplicable without
further specification or definition by the legislature.
(Italics suppliedd).
(e) A further question is the extent to which the
executive may intervene in the courts application of
international law. Thus, when considering issues such
as the recognition of states and governments, state
immunity and diplomatic immunity the courts may accept
direction from the executive. Caution must be
exercised, however, particularly in the European
context, with the European Court of Human Rights
holding in Beaumartin V. France that the practice in


19
extreme forms is incompatible with the right of access
to an independent and impartial tribunal.
(f) A court may be called upon under the rules of private
international law to apply foreign law. If it is
alleged that the applicable law is in conflict with
international law, the court may be required to
determine whether the act or law of a foreign state
is contrary to its international obligations.
(g)
Finally, the court, confronted with an intricate issue
of international law, may simply concede that it is
beyond its capacity to decide, that is, non-
justiciable. As will be seen, the doctrine exists in
England and in other common law jurisdictions.
18
Courts are not representative bodies. They are not designed
to be a good reflex of a democratic society. Their essential
quality is detachment, founded on independence. History teaches
that independence of judiciary is jeopardized when courts become
embroiled in the passions of the day and assume primary
responsibility in choosing between competing political, economic
and social pressure.
19
In all democratic constitutions, or even those Societies
which are not necessarily democratic or not governed by any
Constitution, the need for competent, independent and impartial
judiciary as an institution has been recognised and accepted. It

18
Ibid. P.57-59.
19
Dennis V. U.S. 341 US 494, 525.


20
will not be an exaggeration to say that in modern times the
availability of such judiciary is synonymous with the existence
of civilized society. There are constitutional rights, statutory
rights, human rights and natural rights which need to be
protected and implemented. Such protection and implementation
depends on the proper administration of justice which in its
turn depends on the existence and availability of an independent
judiciary. An independent judiciary is the backbone of a good
judicial governance. Rule of law and judicial review are the
basic features of our Constitution and independence of judiciary
is an essential attribute of rule of law. Administration of
justice requires judiciary committed to the Constitution and law
of the land. Judiciary must, therefore, be free from pressures
or influence from any quarter.
Courts of law are essential to act and assume their role as
guardians of the rule of law and a means of assuring good
governance. Though it can be said that the source of judicial
power is the law but, in reality, the effective exercise of
judicial power originates from two sources. Externally, the
source is the public acceptance of the authority of the
judiciary. Internally and more importantly, the source is the
integrity of the judiciary. The very existence of the justice
delivery system depends on the judges who, for the time being,
constitute the system. Faith, confidence and acceptability
cannot be commanded; they have to be earned. And that can be


21
done only by developing the inner strength of morality and
ethics.
I would like to add a few words to you all present here.
Students are architects of a nation. Your legal education will
help determine how skilled and what type of a lawyer/judge you
become. I think discussing legal education is especially
pertinent to todays topic because what education law students
receive will also deeply shape how justice will be dispensed in
the country in the years to come.
You should embrace the inter-disciplinary elements of your
education to get a well-rounded perspective on the world. Holmes
has told us in a sentence which is now classic that the life of
the law has not been logic it has been experience. But Holmes
did not tell us that logic is to be ignored when experience is
silent. Whether through your classes or your own personal
efforts, learn about history, philosophy, science, literature
and art. These disciplines will serve you well as a lawyer or a
judge. The law is grounded in history and philosophy. Many of
the biggest controversies in society today involve science.
Literature and art will help you learn that the world can be
understood in many different ways. Second, think about theory
while you are here. When you read a case dont just examine the
facts and the finding, but reflect upon the theory and context
behind the decision. There are still many areas of law that need
to be more fully explored by scholars and students. When you


22
study the theory behind the law you are learning principles you
can apply to any case.
Third, learn about law and globalization while studying law
at any level. Harold Koh asks law students to consider three
aspects of law and globalization; the law as globalization, the
law of globalization and the law in globalization.
20
Let us
examine what Koh wanted to say to the students.
The Courts of different countries look to the decisions of
other courts for guidance to a topic before them. This increased
interconnectivity brings advantages and disadvantages. It is an
advantage because we can learn from their experiences. We can
take into consideration of the reasoning of courts in similar
situations. We can become overwhelmed by the shear immensity of
information we are presented with. The development of law in
those countries may be partly relevant or not relevant at all.
It is also a learning from a globalized world that makes a good
lawyer or a judge. The globalization comes with its own unique
set of law and legal institutions, whether it is human rights,
treaties, labour law or trade law. It is imperative that we
understand and shape this emerging law.
The law as globalization means that the spread of law
worldwide is a feature of globalization just like global
communication or global culture. The sharing of legal knowledge
between countries is not new. When the Constituent Assembly
drafted our Constitution, they looked to other countries for

20
Harold Koh, Deans of Yale Law School - welcoming speech 2006, 30 August 2006.


23
inspiration. Our Constitutions political structure was
influenced by United Kingdom and India, the Fundamental Rights
by the United States and India, and the Directive principles by
India and Ireland. Law of globalization means that globalization
comes with its own unique set of laws and legal institutions,
whether it is human rights treaties or other trade law. An
increasing number of cases involve by this law of globalization.
We understand and shape this emerging law. The law in
globalization here the word law is used normatively, in that
law is not just a set of rules dictators and tyrants can
impose those through force but instead law has a moral
authority, law brings justice. We must understand how we can use
the law to blunt the harsh edges and control the dark sides of
globalization.
21

The struggle for securing human rights is an ongoing
process. It would not be wrong to call it an eternal struggle.
With all this, let us on this august occasion on the
International Day of Democracy renew our pledge to serve the
society, particularly the poor and disadvantaged sections and
ensure equal justice to all by promoting the human rights. I
express my sincere thanks to Sandra Feigning, Chief of Party-
USAIDs justice for all and Professor Shahnaz Huda, Chairperson
of the Department of Law, Dhaka University, for affording me
this opportunity to say a few words on this occasion. Thank you
all.

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Y.K.Sabharwal, C.J. My dream of an ideal justice dispensation system.