AN UNHEALTHY culture of taking law into one鈥檚 hand has surfaced after the student-mass uprising. Revolution by nature breaks down the status quo, resulting in drastic changes in political, social and legal spheres. It is apparent that uprising in Bangladesh has led to a change in power, bringing with it both hope and turmoil. Although some people have perceived the uprising as an opportunity to bring positive changes in society, some others have taken advantage of the chaos to pursue personal vengeance and settle scores. Uprising often fuels impassioned demands for swift justice, but it is fundamental to understand that such acts represent gross rights violation.
After Sheikh Hasina鈥檚 downfall and departure, millions of Bangladeshis rejoiced at the end of her authoritarian rule. In some parts, however, the celebrations turned into violence, resulting in death and injuries as protesters wanted to punish the people they believed had backed Hasina鈥檚 government. Several public buildings of historic import, police stations and party offices and houses of Awami League leaders were burnt and scores of Awami League activists were attacked. The Hindus, mostly affiliated with the Awami League, were also targeted in with assaults, arson, destruction and vandalism. Even, the Ahmadiyyas, dargahs and ethnic minorities were also targeted.
On August 15, former adviser to the deposed prime minister and former law minister were arrested. The Detective Branch, which听 had them in custody, produced them before in the chief metropolitan magistrates court, where an angry crowd, including lawyers affiliated with various political parties, threw eggs and shoes at them. On August 20, former social welfare minister and former deputy minister for sports were assaulted when they taken to court. The border guards are reported to have detained a former justice on August 23. A mob, which include several lawyers, attacked him on court premises in Sylhet. On August 26, former information minister of the Awami League was arrested. The president of the Workers Party of Bangladesh was arrested on August 22. They both faced assault on Dhaka鈥檚 chief metropolitan magistrates court in Dhaka. A significant number of teachers faced assaults and were compelled to resign after the fall of the Awami League government.
The action of the vigilante grossly violates rights as provided for under the international and domestic human rights laws. The UN charter is recognised as the first international document addressing the protection of rights and fundamental freedom. The term 鈥榟uman rights鈥� appears seven times in the charter, highlighting its importance as a core purpose and the guiding principle. One of the objectives outlined in Article 1 of the charter includes promoting and encouraging respect for rights and fundamental freedom for all, without discrimination. The Universal Declaration of Human Rights guarantees various rights universally recognised and safeguarded. The instrument affirms rights to life, liberty and personal security, freedom from torture and degrading treatment, right to fair public hearing as well as the right to property.
Likewise, the Bangladesh constitution has incorporated these fundamental rights into its legal framework. The protection of the right to life and personal liberty has been guaranteed. It has been stipulated that no one will be deprived of life or personal liberty save in accordance with the law. Although deprivation can be covered by the constitution, the framers included this particular provision because of the degree of seriousness of deprivation. The right to life and personal liberty is the most fundamental and basic of all rights and the exercise of any other right is dependent on the protection of these rights. Moreover, the constitution guarantees a cluster of rights in respect of trial and punishment. Protection against ex post facto laws has been provided by protection against double jeopardy, guarantee for a speedy and fair trial by an independent and impartial court, the privilege against self-incrimination, and protection against torture and cruel, inhuman, or degrading punishment or treatment.
When it comes to rights to life, security, property and dignity, such vigilante action in the form of vandalism, assault, arson and extrajudicial punishment are gross violations of fundamental rights guaranteed under the international rights laws, the constitution and other laws of Bangladesh. Such vigilante action also fosters a climate of fear and uncertainty, which weakens the foundation of rights even more. Beyond just causing short-term physical harm, violence and arson can cause long-term stress in communities, erode social cohesiveness and threaten the rule of law.
The rule of law is crucial for a just society, guaranteeing that everyone adheres to the same legal standards and that justice is fairly administered. After an uprising, it is crucial to maintain this principle to avoid chaos and violence. On the contrary, vigilante justice is arbitrary, often driven by anger or misinformation, bypassing fair trials and leading to disproportionate punishments.
The judiciary serves as the foundation of a fair and just society. Courts are in place to weigh the evidence, examine mitigating circumstances and maintain proportionality between penalty and crime. People charged with crimes or suppression should be tried in the court of law. Only through a fair and transparent judicial process can one be rightfully punished for offences. In the absence of this process, a basic human right 鈥� 鈥榯he right to protection of law鈥� guaranteed by the constitution 鈥� would be compromised.
Article 31 of the constitution states: 鈥楾o enjoy the protection of the law, and to be treated in accordance with law, is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular, no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law.鈥�
The clause guarantees that all individuals, irrespective of nationality, have the right to legal protection. It stipulates that any measures impacting a person鈥檚 life, liberty or property must be based on lawful authority and subject to judicial review. Such protection is crucial in safeguarding against arbitrary action by either the state or private parties that could unjustly cause harm.
The flip side is that people who systematically take the law into their own hands are also in breach of the law. Certainly, assaulting individuals or destroying property is a crime. The Penal Code specifically stipulates various forms of punishment for such offences. The fact that the people targeted might have committed crimes does not justify the unlawful vigilante action. Thus, by acting outside the legal system, vigilantes erode the justice they seek to enforce. They must be held accountable through the legal channels that they are trying to bypass.
If vigilante justice is allowed to go unchecked, it can have a major impact on society. People may lose faith in the legal system and turn to violence to resolve disputes outside law and order. When individuals lose confidence in the legal system and turn to violence to resolve disputes, social stability will grossly deteriorate. Such an environment of lawlessness will fuel more unrest and establish a violent cycle that will be almost impossible to break. This situation will not only endanger lives and property but also disrupt the unity and development of the nation. Given the recent uprising, it is crucial to uphold the rule of law and ensure that justice is carried out only in accordance with the law and through the proper legal channel.
The growing trend of vigilantism in post-uprising Bangladesh poses a significant threat to rights and the rule of law. Although seeking justice is justified, it should be conducted within the bounds of established legal procedures. Offenders need to be held to account, but this must happen through the judicial system and according to the law. Vigilantism undermines individual rights and disrupts the justice and fairness essential to a stable society. For Bangladesh to secure a fair and stable future, it is imperative to maintain the rule of law and guarantee that all individuals, irrespective of alleged crimes, are provided with their rightful legal protection.
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Md Shahid Hossen is a legal support assistant at the International Organization for Migration.
