Application of Constitutional Tort Law in Bangladesh: A Step Forward towards the Enforcement of Fundamental Rights

The provisions relating to fundamental rights have been inserted from article 26 to 44 in the constitution of People’s Republic of Bangladesh and ensured under art.102 by invoking writ jurisdiction in High Court Division. But it was not known clearly in our legal arena to protect fundamental rights by providing remedy under the law of tort. Now the apex court in the case of CCB Foundation vs Government of Bangladesh and Md Ruhul Quddus vs Government, compensation has been provided under the Law of Tort by petitioning through writ jurisdiction due to the violation of right to life, mentioned in article 32 of the constitution of People’s Republic of Bangladesh. The court has applied the constitutional tort law directly for the first time whereas the govt. has given compensation for the negligent act of its local body by referring the rule of vicarious liability. As a whole, by judicial activism (judge made decision based on their own view) court has paved the way to go forward to enforce the new dimension of enforcing fundamental rights by exploring the compensation based fundamental rights. This paper initiates how fundamental rights have been ensured by applying constitutional tort in Bangladesh by the court of Law.