Monday, December 31, 2012

Punishment for rape under Bangladeshi laws

Rape is not a new issue but recently the number of committing rape has been increased. So every people of the country should know about the punishment for rape.

What is rape? Generally speaking rape is a sexual intercourse with a woman without her consent. According to section 375 of the Bangladeshi penal code 1860 (Act XLV of 1860) - A man is said to commit "rape" who except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the five following descriptions:
Firstly, Against her will.
Secondly. Without her consent.
Thirdly. With her consent, when her consent has been obtained by putting her in fear of death, or of hurt.
Fourthly. With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.
Fifthly. With or without her consent, when she is under fourteen years of age.
Explanation. Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.
Exception. Sexual intercourse by a man with his own wife, the wife not being under thirteen years of age, is not rape.

Punishment for rape: punishment for rape has been described both The Prevention of Oppression against Women and Children Special Act 2003 ( Nari O Shishu Nirjatan Daman Bishesh Ain 2003) and The Bangladeshi Penal Code 1860.

Punishment for rape under The Nari O Shishu Nirjatan Daman Bishesh Ain 2003):
According to section 9 of this Act -
i. Whoever commits rape with a woman or a child shall be punished with rigorous imprisonment for life and with fine.
Explanation: Whoever has sexual intercourse without lawful marriage with a woman not being under fourteen years of age, against her will or with her consent obtained, by putting her in fear or by fraud, or with a woman not being above fourteen years of age with or without her consent, he shall be said to commit rape.
ii. If in consequence of rape or any act by him after rape, the woman or the child so raped, died later, the man shall be punished with death or with transportation for life and also with fine not exceeding one lac taka.
iii. If more than one man rape a woman or a child and that woman or child dies or is injured in consequences of that rape, each of the gang shall be punished with death or rigorous imprisonment for life and also with fine not exceeding one lac taka.
iv. Whoever attempts on a woman or a child to cause death or hurt after rape, he shall be punished with rigorous imprisonment for life and also with fine.
b) To commit rape, he shall be punished with imprisonment for either description, which may extend to ten years but not less than five years rigorous imprisonment and also with fine.
v. If a woman is raped in the police custody, each and every person, under whose custody the rape was committed and they all were directly responsible for safety of that woman, shall be punished for failure to provide safety, unless otherwise proved, with imprisonment for either description which may extend to ten years but not less than five years of rigorous imprisonment and also with fine.

Punishment for rape under Penal Code:
According to section 376 of this Code -
Whoever commits rape shall be punished with imprisonment for life or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, unless the woman raped is his own wife and is not under twelve years of age, in which case he shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Saturday, December 29, 2012

What are the Objectives of International Organisation?

International Organisations are defined by reference to their legal functions and responsibilities, with limited field of activity. Each constitution sets out aims and objects and is accordingly provided to achieve those objects. There are disputes among the states of the world causing threats. International Organisations are aimed to reduce the possibility of those threats and aggression. The League of Nations was established to maintain international peace and security but the League could not survive for long. The responsibility undertaken by the League did not die with its demise; the United Nations took over responsibility. The process of keeping peace and security is material might be disruption but the ongoing mechanism of the introduction of I/Os shall keep it alive with the creation of another organisation. International Organisations are created to further political and national security on the one hand and economic and social welfare on the other. The development of political and national security involves the organisation in the prevention of armed conflict activity directed toward economic and social welfare is undertaken whether problems in these areas are related to the peace or not International Organisations, as a whole, have two main objects:
(i) Furtherance of political and national security of the world; and
(ii) The advancement of economic and social welfare of the world.

What is Ethics and Professional Ethics?

 Ethics is the part of philosophy that talks about good and evil. Ethics tries to answer questions like:
  • What actions are good? What actions are evil?
  • How can we tell the difference?
  • Are good and evil the same for everyone?
  • How should we make hard decisions that might help or hurt other people?
  • How our actions effect others?
Some philosophers call ethics the "science of morality". Morality is what someone thinks or feels is good or bad. There are many different moralities, but they share some things. For example most people think that murder (killing somebody) is wrong. Some philosophers hope to find more things that moralities share. They think that ethics should use the scientific method to study things that people think are good or bad. Their work can be used to test the fairness of a situation, such as how people should treat each other. An example of this kind of thinking is the categorical imperative. Many countries have laws based on this idea of fairness.
Other philosophers think that ethics is separate from morality. They do not think that ethics can be studied using the scientific method and they think it is closer to metaphysics. Some of them think like Platonists about what is good and bad.
Another group of philosophers believe that ethics is subjective. This means that they think that what is right for me is whatever I say is right. This means that ethics is just a person's own morality. These philosophers do not think that ethics is the same for all people.

Professional ethics: 
Professional ethics are standards or codes of conduct set by people in a specific profession. A code of ethics is a part of the expectations of those involved in many different types of professions. People in a profession don't want to condone bad, dishonest or responsible behavior if it does occur by someone in their field. By setting out expected behaviors in the form of professional ethics, professionals work together to try to uphold a good reputation. Professional ethics are commonly known as ethical business practices. Respect and honesty are the two main components of professional ethics. All employees are expected to represent a business ethically as they are a part of it. This is why businesspeople traditionally speak of "we" or "us" rather than the more personal "I" for the most part. For instance, if an employee must mention company policy to a customer, he or she may say "I'm sorry, but this is our company policy in these situations." Policies are another type of preferred standards in how business is done, and everyone in a company is expected to represent them.
It should be noted that people within each profession are expected to be respectful and honest in their personal dealings as well. For instance, it would be unethical for law enforcement professionals to also be criminals in their time off the job. Professionals are also expected to uphold professional ethics by not getting involved in any type of conflict of interest. A conflict of interest situation may occur when an individual tries to accomplish personal goals as a result of being in a certain profession. For example, a politician who uses government resources to get work done on his personal home could be seen as being involved in a conflict of interest.
Professional ethics training is often included in career education programs. For instance, medical assistants are trained on the many ethics issues regarding patient confidentiality. It is both unethical and unlawful to discuss a patient's health records with others who are not involved in the medical care of the individual.
Engineering, journalism, religious organizations and many other professions have professional ethics. These ethical codes or rules must never go against laws, but rather often coordinate with them as in the case of medical record confidentiality. In general, professional ethics always include upholding honesty and respect in the profession over personal needs, conflicts or biases. A bias is a personal belief such as prejudice toward a certain group of people.
"Legal ethics" in the United States is generally understood to primarily apply to lawyers, while codes of professional responsibility also apply in a derivative sense (indirectly) to non-lawyers who work with lawyers, such as paralegals or private investigators. In the United States, the practice of law is regulated by the governments of the individual states and territories. As a whole, federal law does not control legal ethics.
Each state or territory has a code of professional conduct dictating rules of ethics. These may be adopted by the respective state legislatures and/or judicial systems. The American Bar Association has promulgated the Model Rules of Professional Conduct which, while formally only a recommendation by a private body, have been influential in many jurisdictions. The Model Rules address many topics which are found in state ethics rules, including the client-lawyer relationship, duties of a lawyer as advocate in adversary proceedings, dealings with persons other than clients, law firms and associations, public service, advertising, and maintaining the integrity of the profession. Respect of client confidences, candor toward the tribunal, truthfulness in statements to others, and professional independence are some of the defining features of legal ethics.
Law schools in the United States are required to offer a course in professional responsibility, which encompasses both legal ethics and general matters of professionalism that do not present ethical concerns.

What is Consequentialism?

This array of alternatives raises the question of which moral theories count as consequentialist (as opposed to deontological), and why. In actual usage, the term ’consequentialism‘ seems to be used as a family resemblance term to refer to any descendant of classic utilitarianism that remains close enough to its ancestor in the important respects. Of course, different philosophers see different respects as the important ones. Hence, there is no agreement on which theories count as consequentialist under this definition.
To resolve this vagueness, we need to determine which of the various claims of classic utilitarianism are essential to consequentialism. One claim seems clearly necessary. Any consequentialist theory must accept the claim that I labeled ‘consequentialism’, namely, that certain normative properties depend only on consequences. If that claim is dropped, the theory ceases to be consequentialist.
It is less clear whether that claim by itself is sufficient to make a theory consequentialist. Several philosophers assert that a moral theory should not be classified as consequentialist unless it is agent-neutral (McNaughton and Rawling 1991, Howard-Snyder 1994, Pettit 1997). This narrower definition is motivated by the fact that many self-styled critics of consequentialism argue against agent-neutrality.
Other philosophers prefer a broader definition that does not require a moral theory to be agent-neutral in order to be consequentialist (Bennett 1989; Broome 1991, 5-6; and Skorupski 1995). Criticisms of agent-neutrality can then be understood as directed against one part of classic utilitarianism that need not be adopted by every moral theory that is consequentialist. Moreover, they argue, the narrower definition conflates independent claims and obscures a crucial commonality between agent-neutral consequentialism and other moral theories that focus exclusively on consequences, such as moral egoism and recent self-styled consequentialists who allow agent-relativity into their theories of value (Sen 1982, Broome 1991, Portmore 2001, 2003).
A definition solely in terms of consequences might seem too broad, because it includes absurd theories such as the theory that an act is morally right if it increases the number of goats in Texas. Of course, such theories are implausible. Still, it is not implausible to call them consequentialist, since they do look only at consequences. The implausibility of one version of consequentialism does not make consequentialism implausible in general, since other versions of consequentialism still might be plausible.
Besides, anyone who wants to pick out a smaller set of moral theories that excludes this absurd theory may talk about evaluative consequentialism, which is the claim that moral rightness depends only on the value of the consequences. Then those who want to talk about the even smaller group of moral theories that accepts both evaluative consequentialism and agent-neutrality may describe them as agent-neutral evaluative consequentialism. If anyone still insists on calling these smaller groups of theories by the simple name, ‘consequentialism’, this narrower usage will not affect any substantive issue.
What matters is only that we get clear about exactly which claims are at stake when someone supports or criticizes what they call “consequentialism”. Then we can ask whether each objection really refutes that particular claim.

What is the Emergence and Development of International Organisation?

The emergent process of International Organisation did not happen in a day or overnight, but it took long time to come into present-day’s shape. The initial shape of present-day’s International Organisation began in the form of treaty. It may be dealt with as under:
1. Ancient Treaties: The First Step:
Third party requires for amicable disposition of any dispute in the form of negotiations, mediations, conciliations, and finally treaties. Gerald J. Mangone: The treaties of the past were the first steps towards the emergence and development of International Organisation.
2. Theories of Inter-State Relations by the Ancient Greek:
The ancient Greeks have founded the rudiments of International Organisation by establishing inter-city-state relationship activities. The Amphietyonic League was the first formal organisation in 6th century B. C. for regulating relations between city-states. A confederation, Delos, was created between maritime states of the Aegean islands who contributed ships and men to maintain a common navy. Seventy Greek states formed the Achaean League of the Hellenes. These were the prototype of the regional inter-governmental organisation of today.
3. The Christian Powers Alliance:
With the decline of the Roman Empire, the Christian Church became prominent. In 1305, a French lawyer, Pierre Dubois, proposed an alliance of Christian powers. The Church, through the papacy provided a kind of universalism to counter the decentralising tendencies of feudalism and other forms of political fragmentation. Constance, called “the most spectacular international congress of history”, assembled in 1414 to consider claims to the papacy and to try and shape the political as well as the spiritual future of Europe. Though never successful to temporal power, the Roman Church remains a powerful inter-governmental organisation.
4. Swiss-Confederation:
In 1315, a treaty among the Swiss cantons of Uri, Schwyz and Unterwalden gave rise to a confederation, which was later joined by five other cantons; this was the nucleus of the modern Switzerland
5. Peace Plans for International Relations:
In 17th and 18th centuries, the best-known plans to peaceful international relations were put forward. Among these were the ‘The Great Design’ for peace formulated by the Duc de Sully at the time of Henry IV of France. For stability in Europe political entities of 15 states were created. Each would be equal in status, territory and material powers. Some would be ruled by hereditary monarchs, Others would have elective monarchs, and 4 would be republics. These states would form a federation. A federal state or council would determine quotas of forces. The federal states of Europe would be governed by a general council or senate consisting of 66 delegates. The senate would deliberate on any affairs that might occur: pacify the quarrels, determine all civil, political and religious affairs of Europe, whether within itself or with its neighbours. There would be 6 regional councils, and appeals from their decisions could be made to the supreme council, the senate.
6. Parliament of Europe Plan:
This body would establish laws and settle disputes between the princes. The parliament would make decisions on territorial adjustments.
7. Project to Bring Perpetual Peace in Europe:
In 1712 “Project to Bring Perpetual Peace in Europe” was proposed by the Abbe de Saint-Pierre. A union of the 24 Christian states of Europe for the Project. A senate sitting permanently in Utrecht would be composed of two representatives from each member state with a rotating presidency. Expenses of the union would be met by contributions determined monthly based upon the revenues of the states and the needs of the organisation. Some decisions would be taken by a three-fourths vote, others by a majority.
The objective of the union was to give security to the sovereigns for their personal reigns and for the preservation of their independence and territory. The senate would also serve as a tribunal to assure the execution of treaties and to settle disputes. Resort to war, conclusion of treaties inconsistent with the union, or failure to abide by decisions of the senate would bring enforcement action by the members. On the eve of French Revolution, in 1793, Jeremy Bentham published his “Principles of International Law”. One section of which was entitled “A Plea for a Universal and Perpetual Peace.” Bentham developed the idea that peace was indivisible and the world could not remain half slave and half free with any hope for the achievement of peace. Theme of Jeremy Bentham was further developed by Immanuel Kant in “Perpetual Peace” in 1795. Kant laid down principles for the conduct of interstate relations, which he expected would reduce the possibilities of war. He laid down conditions for perpetual peace. First, he called for the establishment of representative government in all the states. Secondly, there should be a federation of free states, but not a super state. This federation would seek to end war forever. Finally, there would be free intercourse among peoples of the world, including travel and communications.

What is Role of International Organisations?

(1) Development of international law through the relationship of international organisation and states:
The International Organisations are based on their constitutions and follow the general principles of international law, enrich the development of international law; but apart from the law and practice of such bodies, there is another direction in which they may influence the development of international law. As years progressed, international law begins absorbing dimension of its scope, which was traditionally confined only to states. In addition to states, this has been done with the inclusion of international organisation as the subject of international law. The relationship between international organisations themselves and states has opened the door of further development of international law.
This was done with the conclusion of the Vienna Convention of 1986 on the law of treaties between states and international organisations or between international organisations themselves. As to relations between states and international organisations, in 1948, there arose the question whether in respect of injuries suffered by its agents in Palestine; the United Nations could claim compensation. International Court of Justice (ICJ) decided in 1949 that the UN an international organisation was entitled to bring such a claim.
(2) Through the relationship between the organisations themselves:
The practice of International Organisations in concluding agreements with each other enriches rules of law and procedure concerning international transactions.
(3) Through the relationship between the organisation and individuals:
The relationship between international organisations and individuals, like that of between states and individuals, has also developed the growth of important new principles of international law. The Palestine issue has provided by reconciling the dual position of agents of the United Nations, as servants on the one hand of the organisation, and as nationals on the other hand.
(4) Improving human welfare the common purpose:
The true nature and purpose of present-day I/Os is that certain of these bodies represent one kind of instrumentality whereby states are associated with in a common purpose of improving human welfare.
(5)Through passing Conventions
Although there is no world legislature, but various kinds of legislative measures may be adopted by international organisations some of the important examples are:
         Conventions on Sea Law, 1958;
         Conventions on Diplomatic Relations, 1961;
         Vienna Conventions on Contract Law, 1969.
In fact, all the plenary organs of the international organisations of the world are empowered to play such kind of role. Six of the specialised agencies are largely regulative organisations, namely, the ILO, the WHO, the WMO, the ICAO, the ITO, and the IMO. Following special legislative or quasi-legislative techniques of these bodies are:
a. The adoption of regional Regulations or operating ‘Procedure’, for example, by regional meetings of the ICAO.
b. The participation of the non-governmental representatives in the legislative processes, for example, workers’ and employers’ delegates in the ILO Conference, and private operating agencies at Administrative Conferences of the International Communication Union.
c. The approval of codes or charters of guidelines for domestic implementation by the governments of member states; e.g. the International Code on the Marketing of Breastmilk Substitutes approved in 1981 by WHO.
(6) Playing role in the creation of customary international laws:
The international organisations play vital role in creating customary international laws. Proposals, declarations or decisions taken unanimously by many of the International Organisations are considered to be abided by those organisations, and these play significant part in the creation of rules and regulations of international laws. Universal Declaration of Human Rights, 1848, Declaration on the Granting of Independence to Colonial Countries and Peoples, 1960, are mentioned in this respect.
(6) Through internal administrative rules:
In practice, the International Organisations are entitled to frame some specific conventions, rules and regulations for the internal administration and smooth running of the organisations. These internal administrative rules and regulations create significant impact in the development of international law.