Tuesday, 13 November, 2018, 6:38 AM
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Employ public nuisance laws

Published : Tuesday, 27 March, 2018 at 12:00 AM Count : 654
Rizwana Naznin

Rizwana Naznin

Rizwana Naznin

Imagine, you have an exam starting from 12 o'clock, or have a job appointment at 12 o'clock! Without a doubt, you will have to plan your journey at least taking 2-3 hours at hand! Still who knows if you can attend your exam or can pursue a better career after a successful job interview.We are so used to it and for obvious reason we adapted ourselves with this ailment. How many of us ever raised our voice to break this system! None, obviously- that includes me. We do not even know that there is a legal provision related to public nuisance, which can offer us some remedy. 

Coming to the point, the question is- what made us late for our exams or job interview? The obvious answer would be- party political gatherings, strikes or any other meetings which blockade the roads. We never realize one simple gathering for an hour may cost huge in return! One may fail to attend the exam, one may fail to attend his/her job interview, one may die in the traffic crying for some medical assistance, one may miss his/her bus, train or flight so on and so forth. One who failed to sit an exam may need to wait for a year to sit again, one who failed to attend his/her job interview may get upset and may get addicted to drugs, one who missed his/her bus, train or flight may also missed his/her golden opportunity.  Once again, consider- say the doctor asked your 70 years old father to have some sound sleep at night, you have some migrant or other medical issues and cannot tolerate noise at all when you sleep, you have to run for your office/class/exam at the early morning, or even your father died and you are leading a funeral or waiting for funeral and reciting some holy rituals to convey some benedictions to your father's departed souls.

Again, what stop us from having a sound sleep? The common answer would be a late night party, a late-night marriage ceremony gathering, wide-ranging sounds discern from loud mikes in special occasions such as mikes use in a traditional late-night religious gathering etc.We never realize how important it is for a 70 years old person to have some sleep at night, someone may have important meeting/exam at the morning or someone trying to recite some religious rituals over his/her loving one's dead body but cannot concentrate. To clarify, I am not saying against any of the public or political gatherings those do not obstruct or cause public nuisance. Moreover, I am not opposing the use of mikes or loud music in special occasions or for religious purpose, however it should not cause public nuisance or breach someone else's right.

In my view, there should have a zero-tolerance rule and after 12 am no one should be allowed to use loud music either through mike or any other means. In the same way, no-one should be allowed to obstruct the roads for whatever reasons may be unless it is provided by the law and it is for the greater benefit of society.Thus, it is my request to everyone that please raise your voice and seek law enforcement agencies attention every-time you come across any such public nuisance! Employ the public nuisance law as provided in section 268 of the Penal Code of Bangladesh.

The writer is a Barrister-at-Law and working as an Associate at Supreme Law Chambers



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