Research

On

Protection of the Consumer Rights in Bangladesh

Course title: Project or Thesis

Course code: LLB- 426

Semester: Spring-2012

Submitted by

Md. Zobayer Khan

ID NO-091-26-004

To fulfillment of the requirements for the Degree

Of

LL.B (HONS)

DEPARTMENT OF LAW
DAFFODIL INTERNATIONAL UNIVERSITY 21ST APRIL 2012
Protection of the Consumer Rights in Bangladesh

RESEARCHER

MD. ZOBAYER KHAN

ID-092-26-021
DEPARTMENT OF LAW
DAFFODIL INTERNATIONAL UNIVERSITY

SUPERVISOR
DR. SARKAR ALI AKKAS
DEPARTMENT OF LAW
DAFFODIL INTERNATIONAL UNIVERSITY
 Protection of Consumer Rights in
Bangladesh

A DISSERTATION
Submitted to the Department of law, Daffodil International University fulfillment
of the requirements for the Degree of LL.B (Hons).

BY
MD. ZOBAYER KHAN
ID-092-26-021
DEPARTMENT OF LAW
DAFFODIL INTERNATIONAL UNIVERSITY
 Letter of Transmittal

To

Prof. Dr. Sarkar Ali Akkas

Department of Law

Daffodil International University

Re: Submission of Monogram

Dear Sir,

It is a great pleasure to submit my thesis on Violation of Womens Rights in

Bangladesh. I have try to best efforts to finish the monogram with relevant
information that I have collected from various sources. I have concentrated my
efforts to achieve the objectives of the work and hope that my endeavor will serve
the purpose. I shall be grateful and obliged if you kindly accept my monogram and
evaluate it.

Yours sincerely

..

Md. Zobayer Khan

ID: 092-26-021

Department of Law

Daffodil International University

 Abstract

Consumer rights are integral part of human rights. Over the years, these rights have
gained importance towards safeguarding the interests of consumers at large from
the clutches of business monopoly and trade malpractices. In the face of unequal
bargaining power, regulating products and services, practices or standards of
manufacturers, sellers and advertisers in the interest of buyers is crucial. In the
ultimate equation, protection and promotion of consumer rights is the desire of a
sound economic system vis--vis national interests.

Previously, the principle of Caveat Emptor had the tendency to exempt the seller
from the compulsion of unearthing the quality of the product. In addition, the
personal relation between the buyer and seller was one of the major factors in their
relations. But with the growth of trade and globalization, the rule is no longer
substantive. It is now impossible for the buyer to examine the goods before hand
and most of the transactions are done virtually. Further, on account of complex
structure of the modern goods, it is only the producer/seller who can assure the
quality of goods. With manufacturing activities becoming more organized, the
producers/sellers are becoming stronger and organized whereas the buyers are still
vulnerable and unorganized. In the age of revolutionized information technology,
Internet and with the emergence of e-commerce related innovations, consumers are
further exploited to a great extent. As a result, buyers are being misled, swindled
and deceived every now and then. Consumption activities has over the time
developed into a sound footing through national consumer organizations striving to
aid and protect the consumers by exerting legal, moral and economic pressure on
producers of goods and service providers, especially in some of the developed
countries. In comparison, consumer protection in our country is still in its infancy
stage.

The positive side is that Consumer Association of Bangladesh (CAB) has been
working to promote consumer protection for over two decades and the civil
movement they instituted has ripened into a law, namely, the Consumer Rights
Protection Act 2009, enacted by the Government of Bangladesh on 06 April 2009.
Though the enactment of the law was a signicant development in the journey,
awareness and effective implementation is still a big challenge. To protect
consumer rights, the best possible solution is that the consumers must be aware of
their rights, work together with consumer organizations, assert against exploitation
and seek redress for their grievances. A kind of self-vaccinating culture has to be
developed to produce the best harvest from the Consumer Rights Protection Act
(CRPA), 2009. In our country, consumer awareness is low due to the apathy and
lack of education among the masses. The efforts to educate them about their rights,
quality concerns, price mechanisms, access to justice etc are limited due to varied
reasons. The producers of goods and services providers are reluctant to give due
consideration to the interest of consumers. To strengthen the consumer movement,
under BQSP, European Union and NORAD have engaged UNIDO to support CAB
in publishing the important provisions of CRPA 2009 so that people at large are
able to know about their rights and responsibilities.

I do hereby recording profuse thanks to the learned editors who worked hard to
prepare this material. Last but not least, we do acknowledge and recognize the
contribution of the Government of Bangladesh towards implementing the
Bangladesh Quality Support Programme for the betterment and protection of the
consumers.

MD. ZOBAYER KHAN

ID-092-26-021
DEPT. OF LAW
DIU
 Acknowledgement

I would like to express my deepest sense of gratitude to my respectable

teachers and supervisors, Dr. Sarkar Ali Akkas, Department of Law and Justice for
his proper guidance, valuable suggestions and constant encouragement during the
whole period of research work. Without their help it would not be possible for me
to carry out this research.
Special thanks are due to some institutions, namely BIDS, FEMA, CCHRB,
SEHD, Election Commission of Bangladesh, Central library of Rajshahi
University, Central library of Dhaka University, Central Public Library, Daffodil
International Universitys Library, for giving me opportunity to collect
information, which are used as the secondary data for the study.
I wish to express my deepest sense of gratitude to the Consumer Association
of Bangladesh for Kindly helpness to carry out this research work.
I wish to express my deep sense of gratitude to all teachers of the Department of
Law, Daffodil International University, who helped me in various ways in
completion of this work.

I express my special indebtedness to Dr. Abdur-Rahim Lecturer, and Dr.

Mazharul Islam, Department of Law. I express my thanks to all the friends of my
Department. Who are helped me in various ways.
Last but not the least, I offer my cordial thanks to those of my friends, relatives and
well wishers, who encouraged and helped me in various ways in compilation of
this research work.

Md. Zobayer Khan

ID-092-26-021
 TABLE OF CONTEN

Letter of Transmittali

Abstract...........ii

Acknowledgement ..iii

CHAPTER-1

INTRODUCTORTY PART
1:1 Introduction .1

1:2 Statement of the problem....3

1:3 Objectives of the research.3

1:4 Research methodologies ...4

1:5 Sources and materials.5

1:6 Importance of the research...5

1:7 Review of literature..6

1:8 Scope and limitation of the research...8

CHAPTER-2

To clarity the concept of consumer and consumer

protection
[

2:1 Introduction.9

2:2 Definitions of Women Rights..9

2:3 Constitutional Rights of Womens.10

2:3:1Fundamental Rights..10

2:4.Womens Rights in Bangladesh under Muslim laws.15

2:4:1 Succession and right to property..15

2:4:2 Marriage, Divorce and Connected matters......17

2:4:3 Maintenance..24

2:4:4 Freedom of Religion..26

2:4:5 Freedoms of Conscience and Conviction..26

2:4:6 Guardianship of Children...26

2:4:6 The Right to Justice.28

2:4:7 Right to Liberty..28

2:4:8 Right to Participate in Election..28

2:5 Womens rights in Bangladesh about marriages28

2:6. Grounds for Decree on for Dissolution of Marriage.29

2:7. Rights to Dower not to be affected30

2:8 Conclusions .31

CHAPTER-3
To identify the legal problems related the protection of
consumer rights

3:1. Introduction..32

3:2. Deprival of Inheritance Rights..32

3:3. Reproductive Rights.33

3:4. Forced Marriages....35

3:5 Naming the Problem....35

3:6 Courts and Legal Systems..35

3:7 Sources of the Problem..36

3:7:1 Connections37

3:7:2 General37

3:7:4 Governments and Government Institutions37

3:8 Conclusions.39

CHAPTER-4

To evaluate the measure for enforcement of consumer

rights
4:1. Introduction..40

4.2. Major Reasons for Violation of Womens Rights41

4.2.1 Lack of Self-defense...41

4.2.2 Acid Assault:..41

4.2.3 Community Violation.44

4.2.4 Murders:..........45

4.2.5 Abuse by Law Enforcement Agencies....47

4.3 Intermediary Reasons.48

4.3.1 Dowry:....48

4.3.2 Lack of Education..49

4.3.3 Lack of Economic Independence and Income....50

4.3.4 Lack of Security for Women..52

4.4 Underlying Causes.53

4.4.1 Poverty:..53

4:4:2 Child Marriages.54

4:4:3 Religious Conservatism.....55

4:5 Consequences for Violation of Womens Rights..57

4:5:1 Health Consequences..58

4:5:2 Social consequences:..59

4:6 Conclusions...61

CHAPTER-5

GENERAL CONCLUTION
5:1Introduction73
5:2 Major Finding of the study....73
5:3 Suggestions for protection of womens rights.......74
5:4 Concluding Remark...75

Bibliography....77