Criminalising Civil Wrongs in Bangladesh: Compatibility with the ICCPR

Md. Towhidul Islam; Fahim Abrar Abid

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Chapter 4 Criminalising Civil Wrongs in Bangladesh: Compatibility with the ICCPR

In: The Asian Yearbook of Human Rights and Humanitarian Law

Authors:

Md. Towhidul Islam

Md. Towhidul Islam
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Fahim Abrar Abid

Fahim Abrar Abid
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Type:: Chapter

Pages:: 107–140

DOI:: https://doi.org/10.1163/9789004748736_005

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Abstract

Colonial rule in the Indian subcontinent ended long before, but Bangladesh’s legal system failed to abandon its practice of criminalising civil wrongs inherited from British colonial laws. The persistence of such practices in statutes like the Negotiable Instruments Act 1881 and the Penal Code 1860 exposes Bangladesh’s shortcomings in complying with contemporary international legal standards. In fact, the ‘colonial mentality’ continues to exist as recent laws like the Bhumi Oporadh Protirodh o Protikaar Ain 2023 raise similar concerns over constitutional and human rights violations. Against this backdrop, this article examines the intersection of civil and criminal law in Bangladesh, focusing on criminalising civil wrongs such as cheque dishonour, land disputes, and defamation. Critiquing the existing legal framework of Bangladesh, the research highlights the country’s non-fulfilment of its international obligation with regard to the International Covenant on Civil and Political Rights (ICCPR). To compare the present scenario in Bangladesh with the global perspective, the article provides a comparative analysis of legal systems in the UK, USA, India, Germany, Australia, South Africa, and the European Union, highlighting the global divergence in handling civil wrongs. Showing that Bangladesh’s judiciary plays an important role in shaping the legal interpretation in the country, the article proposes a structured approach emphasizing the need for clearer distinctions between civil and criminal matters. It suggests that cases need to be assessed initially to determine if they should proceed as civil or criminal matters based on the gravity of the injury, intentionality of the accused, and criminal history. It recommends legislative reforms, judicial training, and legal oversight to prevent the over-criminalization of civil disputes. By aligning domestic laws with international standards, the article advocates for a more just and equitable legal system in Bangladesh that respects human rights and adheres to the international law obligation of the country.

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The Asian Yearbook of Human Rights and Humanitarian Law

Volume 9

Series: The Asian Yearbook of Human Rights and Humanitarian Law, Volume: 9

Cover The Asian Yearbook of Human Rights and Humanitarian Law

E-Book ISBN:: 9789004748736

Publisher:: Brill | Nijhoff

Print Publication Date:: 05 Dec 2025

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Chapter 4 Criminalising Civil Wrongs in Bangladesh: Compatibility with the ICCPR

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The Asian Yearbook of Human Rights and Humanitarian Law

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