Judicial Remedies for Forced Slum Evictions in Bangladesh: An Analysis of the Structural Injunction

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...

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Bibliographic Details
Published in:Asian journal of law and society 2019-05, Vol.6 (1), p.99-129
Main Authors: NAZNIN, S M Atia, ALAM, Shawkat
Format: Article
Language:English
Subjects:
Citizen suits (Civil procedure)
City planning
Compliance
Constitutional law
Evictions
Homeless people
Human rights
Politics
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Summary: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.
ISSN:2052-9015
2052-9023
DOI:10.1017/als.2018.1