USA vs Rauscher

Principle: when an accused is extradited the the receiving state must try him for that specific offence for which his extradition was sought for. This is called the Rule of Speciality.

Facts: Respondent, a citizen and resident of Mexico, was forcibly kidnaped from his home and flown by private plane to Texas, where he was arrested for his participation in the kidnaping and murder of a Drug Enforcement Administration (DEA) agent and the agent's pilot. After concluding that DEA agents were responsible for the abduction, the District Court dismissed the indictment on the ground that it violated the Extradition Treaty between the United States and Mexico (Extradition Treaty or Treaty), and ordered respondent's repatriation. The Court of  Appeals affirmed. Based on one of its prior decisions, the court found that, since the United States had authorized the abduction, and since the Mexican Government had  protested the Treaty violation, jurisdiction was improper.

Issues: 1. Whether a offender could be tried for an offence which is other the the specific offence for which the offenders extradition is sought for?

Judgment: Supreme court of United States quashed the conviction and ordered the release of the prisoner.

Reasoning: the supreme court of USA observed the weight of authority and of sound principle are in favor of the proposition that a person who has been brought within the jurisdiction of the court, by virtue of proceedings under an extradition treaty can only be tried for one of the offences described in that treaty and for the offence with which he is charged in the proceedings for his extradition, until a reasonable time and opportunity have given to him, after his release on trial upon such charge, to return the country from whose asylum he had been forcibly taken under those proceedings.

Factor vs Lubenheimer

Principle: specific offence for which the extradition is sought for must be an offence in the state requesting for extradition and the state extradited accused.

Fact: proceedings were taken by the British authorities for the extradition of j.Factor on a charge of receiving in London money which he knew to have been fraudulently obtained. At the time when extradition was sought for, Factor was residing in the state of Illinois by the laws of which the offence charged was not an offence in Illinois.

Issues:
1. Whether Factor can be extradited on the following case?
2. Whether rule of double criminality applies on this case?

Judgment: supreme court of United States held that, the offence with which the plaintiff was charged was an extraditable crime even though it was not punishable by the law of state of Illinois where the plaintiff was taken in custody.

Consequences of Non-Recognition of a State

International Law:

1. A non-recognised state cannot sue in the courts of the state which has not recognised.

Example: "Russian Socialist Federal Soviet Republic vs Cibraria"

2. The unrecognized state neither establish diplomatic relations nor enter into a treaty with the states which have not recognised it.

3. Diplomatic representatives of an unrecognized state do not possess privileges and immunities which are generally accorded to the recognised states.

4. An unrecognized state is also not entitled to claim its property situated in a foreign country.

Example: "Bank of China vs Wells Fargo Bank and Union Trust Co"

Doctrine of "Pacta Sunt Servanda"

International Law:

It is a doctrine borrowed from the Roman and its Latin meaning is "agreement must be kept"

It has been adopted as a basic principle for governing treaties in international law. Article-26 of the Vienna Convention on the law of Treaties says,

"every treaty in force is binding upon the parties to it and must be performed by them in good faith"
this is known as 'Pacta Sunt Servanda'

The theory is one sided for many usages and customary rules of international law on states apart from any agreement.
Anzilotti regard,

 "the doctrine Pacta Sunt Servanda is the basis of the binding force of international law".

 Many writers classify the maxim "Pacta Sunt Servanda" as a general principle of law, but it is in any event not to be doubted that the rule has all characteristics of a customary rule.

Documents which are re-registerable? Or when the question of re-registration arises?

Section-23A of the Registration Act(1908) says about those documents which are re-registerable. Under this section, when a document requiring registration has been presented or submitted by a person not duly empowered to do same (here empowerment means authorization or power of attorney) and registered there to.

when such re-registration has to be challenged?

From the date of being awarded or informed and within four months.
 

By whom it can be challenged?

Any person claiming under such document:
1. Duly empowered person,
2. Persons having power of attorney,
3. Receipiant of the document and
4. His legal heirs.

In the case of "Abdul Hakim" [PLD 1965 Azad J & K], it was stated that,
"document registered at wrong place, may be registered at the right place at any time-no limitation for re-registration"

it was also established,
"document validly presented for registration within 4 months of execution must be registered"

What are the provisions regarding the documents executed out of Bangladesh?

Registration Act(1908)

Section-26 says about the documents executed out of Bangladesh and have not been presented for registration within due time.
 

Meaning of "Executed out of Bangladesh":

all or any of the parties are residing out of Bangladesh.
 

Prescribed time:

time mentioned in Section-23 of the Registration Act(1908) for respective documents (3 months)
 

Pre-condition:

a. Instrument was so executed.
b. It has been presented for registration within 4 months after its arrival in Bangladesh.
 

Decision:

the registering officer may on payment of proper registration fee, accept such documents for registration.

What provisions are avialable in Registration Act, for unavoidable circumstances regarding presenting a document?

Section-25 of the Registration Act(1908) says about the delay due to unavoidable circumstances in presenting a document in registry or sub-registry.

Reason of delay:

owing to urgent necessity or unavoidable circumstances.

Which documents?

Any document executed or copy of a decree or order made in Bangladesh. If any document has not been presented for registration within the prescribed time. (it is the time as mentioned in Section-23 of the Registration Act for respective documents)

Pre-condition:

where the delay in presentation does not exceeds four months.

Decisions:

The registrar may direct for registration upon payment of a fine not exceeding 10 times.

As for example, "X" is a sale deed(document compulsorily registerable). Presume, its registration fee is 500 taka, in such case fine would be 500*10=5000.
So, fine may be fixed upto 5000 taka not more than this.

In this regard court stated that,
"right of the registrar to condone delay is exclusive and civil court cant question it" [7 DLR 235]

in another case it was established,
"the district registrar is the sole and final authority, and the question of district registrar accepting the document out of time cant be agiated in a civil court"

Legal effects of Recognition

International Law:

although recognition is political diplomatic function and depends upon the discretion of recognising state, once recognition is accorded, certain legal effects ensue:

1. The recognised state becomes entitled to sue in the courts of recognising state.

2. The courts of the recognising state give effect to the past as well as present legislation and executive acts of the recognised states,

3. In regard to the property and diplomatic relations, the recognised state can claim certain immunity,

4. The diplomatic envoys of the recognised state get a number of privilleges and immunities in the recognising state.

Provisions for the acquisition of the interest of certain rent-receivers

land Laws of Bangladesh:

Using Section-3 and Section-20 of the State Acquisition & Tenancy Act 1950 the power of the land lords as a rent receiver has been decreased. This two section enable the provincial government to acquire all the rent-receiving interest and in fact, by several notifications, Government has acquired such interests and to totally wiped out the intermediate estates. Specifically this was done by Section-3 of the State Acquisition & Tenancy Act 1950. Again in Section-20 of the said Act also provides provisions for those lands or interests which can be retained in the possession of rent-receivers with certain conditions. And both of this sections also have some consequences. Ultimately we can say that:

1. The interest which can be taken by the Government are mentioned in Section-3 of State Acquisition & Tenancy Act 1950,

2. The interest which can be retained in the possession of rent-receives are mentioned in Section-20,

3. Consequences of this acquisition and retention is mentioned in both Section-3 and Section-20 of the State Acquisition & Tenancy Act 1950.

It was stated in the case of "Jibendra Kishore Vs Province of East Pakistan",

"the intention of the provision of this Act was to eliminate all rent-receiving interests in all the lands in the province and to create a uniform class of tenants directly under the provincial Government"

What are the provisions regarding the "time for presenting documents" under Registration Act (1908) ?

Under Section-23 of the Registration Act its been mentioned that, following the provisions of section-24, 25, 26 a document except will shall be presented for registration to the proper officer with 3 months from the date of its execution.
And in case of decree or order it shall be registered within 3 months on the day when it was made or where its appeal able, within 3 months from the day on which it becomes final.

Time for presenting a Will deed:

under Section-27 a will may at any time be presented for registration or deposited in manner hereinafter provided.

It was established in judgment that,
"time for presenting documents-for the purpose of registration a document need not be dated and parol evidence may be given as to the date of execution" [1 CLJ 126]

Effect of non registration of documents required to be registered under Registration Act (1908)

No document required by Section-17 of the Registration Act(1908) or by any provision of the Transfer of Property Act(1882) to be registered shall-

a. Affect any immovable property comprised therein, (create, declare assign, limit or extinguish, whether in present or in future any right, title or interest, whether vested or contingent)

b. Confer any power to adopt, unless its been registered.[this provision is specifically mentioned in Section-49 of the Registration Act 1908]

in the case of "Jana Vs Saida" [PLD 1952 Pesh 68], it was stated that,

"a person who has been put in possession of the property as a result of an unregistered document can protect his possession by the production of that document and not suit the person who has executed he and has actually put him in possession of the property"

in another case it was stated,
"an unregistered document could be received evidence in a suit for specific performance" [8 DLR 611]

again it was established,
"an unregistered (in case of lease) may be used for the purpose of showing the nature of possession though not of proving title"

Reasons for which some jurists do not regard International Law as true law

1. Under international law, there is no impartial tribunal which can adjudicate upon the disputes between the states having binding force or authority.

2. It cant be termed as true law as there is no support or certification by any sovereign authority behind the law.

3. ICJ has no real power to enforce its declared decision(Paton). Any sovereign state can accept it even they can deny it on their own wish.

Article-59 of the ICJ makes clear that the common law notion of precedent doesnt apply to the decisions of ICJ. The courts decision only binds the parties to to that particular controversy.

4. There is no sanctionary power to enforce the international law. As there is on specific sovereign power, sovereign states often gets the  influence opportunity to violate the provisions of international law.

5. The provisions of international law aren't binding on states and if any of the provisions gets violated there is neither any sanction nor any remedy against the violation.

6. The orders of international law cant be higher than the sovereign.Thats why it is not any sovereign order but termed as law of positive morality. (Austin)

7. international law isn't codified through (sovereign) legislative machinary. It means international law has no legislature and no executive.

Lord Salisbury, observed it in the case of "Queen vs Keyn" that,

"international law is an inexact expression of law"

as there is no valid sovereign authority it is inexact, uncertain and insufficient. And that is why some jurists do not consider international law as a true law.

Principles of the case "Jibendra Kishore Vs Province of East Pakistan" [1957 9 DLR (SC) 21]

one principle says about the properties which can be acquired by the government:

"state can acquire wakf and debutter property like other properties
and they only have to qualify and restrict such acquisition in the
manner provided in sub-section-5 of section-20" <of State Acquisition
and Tenacy Act 1950>

another principle says about the consequences of State Acquisition and
Tenancy Act 1950:

"the intention of the provision of the Act, was to eliminate all
rent-receiving interest in all the lands in the province and to create
a uniform class of tenants directly under the provincial government"

Differences between Company and Partnership

The major differences between a company and partnership are as follows:

1. As to definition: a Company may be defined as an association of a number of persons, formed for some common purpose. It has a common seal and perpetuity.

On the other hand Partnership is the relationship of the persons who have agreed to share the profits of a business on by all or any of the acting for all (Section-4 of Partnership Act 1932)

2. Legal entity: a company has a separate legal entity distinct from the members who constitute it.

But partnership commonly called a firm, has no legal existence apart from its members. This means that partners and firm are one and same.

Partners work individually as per their agreement according to the
provision of the Partnership Act 1932

3. Liability: the liability of a share-holder is limited to the nominal amount of the shares held by him.
But the liability of partner is co-extensive with the whole of his property. Every partner in a firm is jointly and severally liable for all the debts of the firm.

4. Transfer of shares: except private companies the shares of public companies are freely transferable.

But a partner cant except by agreement with his co-partners; substitute another for himself.

5. Perpetual succession: a company has perpetual succession. Death, insolvency or the exit of share-holder does not affect the existence of the company. It comes to an end only when it is liquidated according to the provisions of the Act.

But the death or retirement of partner dissolves the partnership in absence of a contract to the contrary.

6. Number of member: in a public company there is no limit or the maximum number member while in a private company, the number members shall be restricted to fifty excluding its present and past employees.

On the other hand, in the case of a partnership carrying banking business, the maximum number of partners can be ten and in the case of any other business it is 20.

7. Contract: a share-holder may enter into a contract with a company, whereas a partner cant enter into a contract with his firm. However, a partner can enter into a contract with other partners.

8. Property of Institution: in the case of company, property belongs to the company and not to its members.
Whereas, the property of a partnership firm belongs to individual
partners comprising the firm [Re Geogre Newman & Co (1895)]

9. Power to Bind: except as may be allowed by the articles, a share-holder has no power to bind the company nor to other share-holders,
but in case of partnership a partner can bind the other partners for
the act done by anyone of them during the course of business.

10. Management: in a company, the share-holders do not interfere in affairs of the company directly. It is managed by the board of directors, whom are elected by the share-holders.
But a partnership is managed by all partners or any of them acting for all.

11. Creditor: creditors of a company are not the creditors of individual share-holders. The can proceed against the company alone. Creditors cant hold the share-holders directly liable for their amounts.

On the other hand, the creditors of a partnership firm are the creditors of individual partners and a decree obtained against a firm can be enforced against them.

12. Agent: a share-holder is not an agent of the company whereas a partner is an agent of his firm in connection with partnership business.

13. Alteration of basic document: the company is bound by its articles and memorandum of association. The power to alter there documents may exercised to a limited extent as per law.

But in case of partnership firm agreement being the basic document, may be liable to be altered on the wish of the partners.

14. As to Registration: company being a legal entity its registration
is a must but in case of partnership its not compulsory.

15. Statutory obligation: a company is strictly controlled by the Companies Act. But there are no such statutory obligations in a partnership.

Defining Immovable Property under Registration Act(1908) in context of Bangladesh

Immovable property is defined in at least three Bangladeshi enactments namely, The General Clauses Act, Transfer of Property Act and the Registration Act.

Under Section-3 of Transfer of Property Act, it simply says that,
"immovable property does not include standing timber, growing crops or grass"

Under General Clauses Act its been mentioned,
"immovable property shall include land, benefits arise out of land and
things attached to the earth"

The definition of "Immovable Property" given in Registration Act is
actually the combination of these two definitions along with some
other conditions. Under Section-2(6) of the said Act it says that,

"immovable property includes land, building, benefits to arise out of
land and things attached to the earth or permanently fastened to the
earth, hereditary allowances, right to ways, lights, ferries and
fisheries but doesnt includes the followings:

a. Standing timber, growing crops, or grass whether immediate
severance thereof it intended or not.

b. Fruit upon and juice in trees whether in existence or grow in future.

c. Machinery embedded in or attached to the earth, when dealt with
apart from the land."

In the case of "Fatmabibi Vs Arrfana Begum" (AIR 1969 All 394), it was
stated that,

"the word 'standing timber' includes the Babul tree, shisham, Nimb,
Pipal, Banyan, Teak, Bamboo etc. They do not include the fruit bearing
trees like Mahua, Mango, Jack fruit, Jamun etc"

In another case court gave a definition of immovable properties in its
judgment which seems quite specific. Court stated that,
"any thing which cant change its position without loosing its general
characteristics is considered as immovable property" [6 Mad. HCR
71(DB)]

Differences between Serial Killer and Mass Killer

* serial killers kill several people over a period of several days, weeks, months and even years. On the other hand mass killers kill several peoples in a matter of hours.

* serial killers commits in several crime scenes but mass killers commit crimes in a single crime scene.

* serial killer has multiple victims in various events but mass killer has various victims in an events.

* serial killers kills in several episodes with very specific methodology on the other hand, mass killers kill in an episode with no specific methodology.

* serial killers kills victims through plans and repeating the process several times where victims came of same nature but mass killer kills victims more spontaneously and kills a wife variety of people generally at once.

Defining Criminology

The word "Criminology" came from the Latin term "crimen" which means crime or accusation and Greek term "logos" which means science or study. The term "Criminology" was first coined by Italian law professor Raffael Garofalo in 1885. In Italian it is called "Criminologia". In the year of 1887, a French anthropologist used this term in French. According to the New Encyclopedia Britannica,

"Criminology is the scientific study of non-legal aspects of crime. In its wider sense embracing penology, it is the study of the causation, correction and prevention of crime. In some countries its scope is broadened to include so-called criminalistics, the science and practice of criminal investigation"

This definition indicates that, there are legal and non-legal aspect of crime. Legal aspects pertain to define crime by substantive law and enforces victims right also punishes offenders through following the provisions of procedural law. Non-legal aspects of crime are concerned with studying crime from various aspects other than legal.

Edwin H. Sutherland provided a definition of Criminology which is widely accepted,

"Criminology is the body of knowledge regarding crime as a social phenomenon. It includes within its scope the process of making laws, of breaking laws and of reacting towards the breaking laws. The object of Criminology is the development of a body of general and verified principles and other types of knowledge regarding this process of law, crime and treatment or prevention"

So, after discussing all these facts we can say that, Criminology is a discipline which concentrates upon forms of crime, causes and definition of crime, social reaction to criminal activity and study of victims.

The study of Criminology requires through understanding of crime, criminology and criminal law. Criminology explains criminal behaviour, tries to find the causation of crime and its control. In other words Criminology studies crime and the social reaction to crime

Defining Crime (Criminology Studies)

Crime is an act which violates criminal law or norms of a society and is subject to punishment.

From the above definition we can see that crime can also be defined in legal and sociological aspects. Under its legal aspect Paul. W. Tappan defined it as,

"crime is an intentional act or omission in violation of criminal law, committed without any defense or justification and sanctioned by the state as felony or misdemeanor"

on its social basis Raffael Garofalo defined it as,

"crime is an immoral and harmful act which offends two altruistic sentiments of common people, namely sentiments of probity and pity"

people become sympathetic(pity) to the victim of any crime and develop a sense of justice(probity) when property rights are violated.

According to Redcliff Brown,

"crime is violation of usage which requires the use of penal sanction"

more correct definition which suits criminology is given by Stephen,

"Crime means an act which is both forbidden by law and revolving to the moral sentiments of the society"

after discussing all these aspects of the definitions we can say that, Crime is form of conduct which is declared to be socially harmful in a state and which is forbidden by law under pain of punishment.

Which document are not required to be compulsorily registered?

Any document not required to be registered under Section-17
specifically in Section-17(2) of Registration Act(1908) may also be
registered under this Act. [ This provision is specifically mentioned
in Section-18 of the Registration Act(1908)]

In the case of "Province of East Pakistan Vs Abdul Jalil Molla" [20 DLR 1223], It was stated that,
"there is no need of registration of an instrument creating tenancy
for one year"

Document of which Registration is compulsory under Registration Act(1908)

The law of Registration deals with the registration procedure of document of transfer of property and which documents are compulsory and optional document for registration in the eye of law.

The following documents shall be registered in a certain district where the property relates is situated and if they have been executed before or after the commencement of this Act, namely:

1. Instrument of gift of immovable property. - Section-17(1)(a)
[here Gift means the transfer of ownership in an existing immovabale property without any consideration(under Section-122 of the Transfer of Property Act), even Transfer of Property Act also says that gift of immovable property shall become valid after the process of registration(under Section-123 of Transfer of Property Act)]

2. Declaration of Heba under Muslim Personal Law- Section-17(1)(aa)

3. Other non-testamentery instrument which may capable of being in force whether in present or future, whether vested or contingent(summarized)- Section-17(1)(b)

4. Receipt of any consideration of a deed other than mention in clause(b) of Section-17(1) of the Registration Act- Section-17(1)(c)

5. Instrument of mortgage referred to Section-59 of the Transfer of Property Act 1882- Section-17(1)(cc)

[here the word "Mortgage" means the transfer of an interest in specific immovable property for the purpose of securing pecuniary liability (under Section-58 of the Transfer of Property Act)

# Conditions of Mortgage
=> property has to be immovable.
=> it should be for a certain time.
=> here consideration should be "Mortgage money"
=> Mortgage deed.
=> here the debtor is Mortgagor and creditor is Mortgagee.

Transfer of Property Act also says that Mortgage of deposited title deed shall be effective after registration process (Under Secton-59 of the Transfer of Property Act)]


6. Lease of immovable property from year to year, or for any term exceeding one year or reserving a yearly rent- Section-17(1)(d)

[ here the word "lease means transfer of a right to enjoy immovable property made for a certain time or in perpetuity (under Section-105 of Transfer of Property Act)

# Elements of a lease
=> the parties (lessor and lesse)
=> subject matter- immovable property.
=> the consideration (Rent or Premium)
=> for a certain time.
=> right to possession ]


7. Non-testamentery instrument transferring or assigning any decree or order of a Court or any award when such decree or or order or award purports or operates to create declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether tested or contingent, or in immovable property.- Section-17(1)(e)


8. Instrument of partition of immovable property effected by persons upon inheritance according to their respective personal laws- Section-17(1)(f)


9. Instrument of sale in pursuance of an order of the court under Section-96(Pre-emption) of the SAT Act 1950- Section-17(1)(g)


10. Authorities to adopt a son, executed after the first day of January 1872 and not conferred by will, shall also be registered- Section-17(3)


11. A contract for sale of an immovable property shall be subject to be registered within 30 days of the execution of the said contract- Section-17A

[a contract for sale of immovable property is a contract that a sale of such property shall take place on the terms settled between the parties (under Section-54 of Transfer of Property Act 1882)]

Case laws:

1. "MS Eagle Star Insurance Co. Ltd" [21 PLD Karachi 133]
 -
"mortgage by deposite of title deeds purporting to create in present interest in favour of plaintiff such document is compulsorily registerable"
<sec-17(1)cc>

2. "Zainab bai vs Ibrahimji"[ PLD 1962(WP) Karachi 209 ] -
"dissolution of partnership, relinquishment of share in partnership by one partner, deed must be registered" <sec-17(1)c>

3. "Faqirullah vs Mir Khan" [PLD 1958 Azad J & K 19(DB)] -
 "If any Muslim desires to transfer his property in the name of somebody he can do so only by a registered deed" <sec-17(1)f>

4. "37 CWN 33 Cal 610" - "in an ejectment suit possession under unrecognized lease may be relied on"

How human rights has been violated in the context of the land rights of the aboriginals in Bangladesh?

Human right is indispensable rights of every human being. Its nature is inherent; it cannot be alienated or cannot be obtained by power or force. The concept of human rights has been established on the basis of human dignity. This dignity is acquired only when gets one’s rights properly. In spite of this, the Charter of United Nation, International Human Rights have been adopted.

Aboriginals have the same right as the ordinary people of the world. The UN and world community have given special emphasis on developing the human rights of the aboriginals. But it is emphatically true that aboriginals are being deprived of their rights. Literally, they are considered as human beings, but very often they receive subhuman treatment.

In Bangladesh the history of aboriginals is the history of oppression and deprivation of human rights. The reason is of the following;

1. Customarily the aboriginals have the rights to land. Article 27 of the UDHR states that,

“Everyone has the right to own property alone as well as association with others”. Article 11 and 12 of the International Labor Organization 1969, “the right of ownership, collective or individual of all the members of population traditionally occupy shall be recognized”.

Bangladesh ratifies UDHR and ILO, so it is the duty of Bangladesh to recognize the right to ownership and possession of the aboriginals. Though article 13 and 42 of the Constitution of Bangladesh recognizes the right of ownership and of property. But problem arises towards the aboriginals. Where the Preamble states that “the society will be free from exploitation and must ensure the rule of law, fundamental human rights, equality and justice, will be secured for all citizens [here the term all citizens also includes the aboriginals cause they are within the territory of Bangladesh]” and article 2 states the territory of Bangla

2. Aboriginals have the right like other people in Bangladesh to occupy, transfer etc. land. Since 1947 or even after independence of Bangladesh, aboriginals had their cultivable lands, homestead, cattle, fowls and even some of them farm house. But, they never felt to keep their papers for the records of rights for their lands and properties. Local people taking advantage of their illiteracy and simplicity got their names recorded in places of aboriginals. Finally, the aboriginals were ejected from their own properties and homesteads 

3. In the present Constitution the aboriginals are treated as “backward section of people instead of indigenous people”. Aboriginals have the right to get nationality but they did not get even their citizenship is in doubt. In Govt. of Bangladesh vs. M.S. Ispahani [40 DLR (AD) 116, it was stated that “citizenship is distinct from nationality.” Where article 15 of the UDHR states everyone has the right to a nationality and no one shall be arbitrarily deprived from this right

4. Transfer of any of the aboriginal property is restricted by the laws of land in Bangladesh, if there be any such transfer, these may be done by taking permission of district authority. In presence of such laws, how the aboriginals are becoming rootless? All these transfers have been made fraudulently and by exercising undue influence on the authority. Many of the aboriginal have transferred their properties due to acute poverty or threat of local people. They cannot stand before the court or cannot get assistance by law, where article 7 of the UDHR and 27 of the Constitution of Bangladesh states, “everyone has the right to be treated equally before the law and are entitled without any discrimination to equal protection of law.” And it becomes the total violation of human rights against them.

1.    5. In Northern districts of Bangladesh, people settled in the areas of aboriginal. Aboriginal seem to be rather suspicious of refugees, who are known to make use of any tactics to divest local people of their properties. The refugees have joined economically more powerful local groups who exploit the aboriginals in various ways. The aboriginal find it very difficult to understand how their land- which they have been cultivating for generations and paying taxes regularly- can become vested property of others or how khas land which they have been enjoying for years is now suddenly taken on lease by non-aboriginals.

    6. It has been mentioned in article 107 of the Convention of ILO,” the land of aboriginal must be protected they shall never be deprived of their right to property. If their lands are acquired for any public purpose in that case they must be given adequate compensation.” Bangladesh ratified the ILO convention of 1972, Department of Forest has been trying to evacuate 5000 aboriginals from Madhupur Hill Area, in the name of creating a National Park there. At Rajshahi a huge land have been illegally declare “vested property” under Vested Property Act, ignoring their rightful ownership

      Lastly, the aboriginal people in Bangladesh are marginalized as a result of the lack of respect for their culture, customs and traditions. They do not have the right to self-determination, control over their own land and territories, and full and effective participation in their decision making. The overall justice system in Bangladesh has long been seen to provide a deteriorating service to the population in general and for aboriginals is in particular. The right, both in human and fundamental, in aboriginal peoples been in adequate in their outreach and largely intensive to questions of cultural distinctiveness.