Judicial remedies for forced slum evictions in Bangladesh

an analysis of the structural injunction

S. M. Atia Naznin, Shawkat Alam

Research output: Contribution to journalArticle

Abstract

The adoption of weak remedies, such as declarations or recommendations by the Bangladesh Supreme Court in litigations on state-induced forced slum evictions, significantly contributes to the tardy implementation of court orders. In this context, there is a growing global consensus on the structural injunction - a remedy that enables judges to monitor and bring about governmental compliance with judicial orders of social rights litigation. The Bangladesh Supreme Court faces several real and compelling challenges relating to its constitutional authority and institutional capacity that hinder remedial innovation. Through examining relevant constitutional provisions, judicial approach, and comparative examples, this article argues that the court has the capacity to overcome these constraints. Thus, it advocates judicial reform in Bangladesh to offset the state's often arbitrary interference with the basic necessity of housing of the slum dwellers.

Original languageEnglish
Pages (from-to)99-129
Number of pages31
JournalAsian Journal of Law and Society
Volume6
Issue number1
Early online date6 Jul 2018
DOIs
Publication statusPublished - May 2019

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Keywords

  • forced slum evictions
  • judicial remedies
  • public interest litigation
  • structural injunction
  • basic necessity of housing

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