Thu 14 Sep 2006
Piya Muqit is Drishtipat’s first intern and currently working with ASK. She is a barrister and worked USA and in London specialising in Public Law. She is currently specialising in Asylum and Immigration Law, Judicial Review and Islamic Family Law and has appeared in both the Inner and Outer House of the Court of Session. She is also a door tenant at Plowden Chambers in
Newcastle. Notable case: Syed v Ahmed 2006 SC 165.
Good luck, Piya !!
Her blog can be read regularly at the DP blog or directly at this link
Here is a description of the projects that she will undertake.
Partner: Ain O Shalish Kendro
Duration September 4th - December 5th 2006
Description
(a) Developing a Position Paper on Addressing Medical Negligence through the Law in Bangladesh. In Jan 2006 ASK filed a writ petition to ensure proper monitoring of medical services in private clinics and laboratories.
The writ petition covers private sectors only. But in fact medical services in Bangladesh are provided by both public and private sectors. We are looking to develop a thorough research document on medical negligence that also covers public hospitals and medical centres. Apart from the issue of professional negligence this research should cover a parallel issue, that of medical waste management. Basically, we need a holistic view of the entire system of medical service so as to bring it under a uniform monitoring system. The broad aim is to ensure accountability in medical sectors and thus protect the fundamental right of citizens. The Position Paper will look at provisions and practices in other jurisdictions, including India. The more immediate aim is to strengthen our present Writ Petition.
(b) Developing ASK’s Petition on Release of Under-trial Prisoners - In November 2005, ASK filed a writ petition demanding the release of 1013 prisoners languishing in various jails. These prisoners have not been produced before the court even for a single day in the last five (5) years!
While ASK works out how the pending cases against them can be brought under speedy trial and/or, whether bail can be sought for them, and seek interim orders, we would like to have a thorough comparative research of best practices in other jurisdictions. While the short term aim of this research would be strengthen ASK’s petition, the overall aim would be to identify present legal and procedural loop-holes and work out a comprehensive mechanism for speedy trial of undertrial prisoners.
(c) Developing a Paper that sets out clarifications on specific questions on the Muslim Family Laws Ordinance (MFLO) 1961. These questions have arisen in the course of implemenation and practise of the Ordinance. They are very specific questions, but would require some indepth research or flagging of existing research on the issue for a proper response.
(d) Writing up short pieces for ASK’s website on judgments obtained through ASK litigation, various interventions and strategies adopted etc.
This will be accompanied by some field visits and also Court visits.
September 19th, 2006 at 3:49 am
Barrister Piya,
Very nice plans, esp. the first one. We need a comprehensive work on medical negligence. It seems that not a particular statute, but a forceful judicial pronouncement can develop a good precedent and safeguard in this regard. That would open the way. We lack that in comparison to India.
However, as an aspect I think the position of tortuious liablity in Bangladesh juridiction will come as a necessary element. In this regard may I suggest you that you may need to write on the applicability of tort law in Bangladesh. Indeed, this is an area which remained largely unexplored. I think Barrister Piya will do a substantial work in this reagard.
By the by, Piya, I have another comment and urge to you which I have written at your first blog. Plz see it. I look forward a response from you.
Masum Billah,
Dhaka