THE police, tasked with maintaining law and order, preventing crime, and protecting citizens, their role extends beyond traditional law enforcement to safeguarding fundamental human rights. In a democratic society, the police are not only enforcers of the law but also guardians of justice and equality. Upholding human rights lies at the core of modern policing, ensuring that individuals are treated with dignity, fairness, and respect, irrespective of their circumstances.
Human rights are universal, inalienable, and inherent to all individuals. These rights include the right to life, liberty, security, equality before the law, and freedom from torture or inhumane treatment, as enshrined in international instruments such as the Universal Declaration of Human Rights and regional frameworks like the Cairo Declaration on Human Rights in Islam. Policing, as a public service, must be firmly anchored in these principles.
The police expected to play a crucial role in upholding human rights while enforcing laws and maintaining public order. Their primary duty is to protect life and property, ensuring individuals鈥� security and safeguarding them from violence and crime. Law enforcement must be impartial, treating all individuals fairly regardless of background, thereby fostering trust and justice. When managing public assemblies, police must balance public safety with the right to peaceful protest, ensuring freedom of expression while preventing disorder. During arrests and investigations, they must uphold due process, respect the presumption of innocence, and protect suspects from excessive force or custodial abuse. Preventing torture and inhumane treatment of detainees aligns with international human rights standards and preserves the integrity of the justice system. Additionally, community engagement through outreach programmes and inclusive policing strengthens relationships between law enforcement and citizens, particularly marginalised groups, promoting cooperation and social harmony.
The police in Bangladesh play a vital role in upholding and safeguarding fundamental human rights as enshrined in the Constitution, especially in providing security, justice, and equality for all citizens. As the primary law enforcement agency, the police are responsible for upholding the right to life, liberty, and personal security by preventing and responding to crimes, protecting individuals from violence, and maintaining public order. They must ensure that all individuals, regardless of background, are treated equally before the law, as guaranteed by Article 27 of the Constitution. Additionally, the police are tasked with safeguarding freedom of speech, assembly, and movement while ensuring public safety, aligning with constitutional provisions such as Articles 36 to 39. In the criminal justice system, they play a key role in ensuring due process, protecting individuals from arbitrary arrest and detention, and preventing custodial abuse, in compliance with Articles 31 and 33. By adhering to legal and ethical standards, engaging with communities, and maintaining transparency and accountability, the police contribute to strengthening democracy, upholding human rights, and fostering public trust in Bangladesh.
The right of private defence, as outlined in Sections 96 to 106 of the Penal Code, 1860, allows individuals in Bangladesh to protect themselves or others from imminent harm when law enforcement assistance is unavailable. This safeguard preserves life, liberty, and property by permitting necessary and proportionate defensive actions in response to threats such as theft, robbery, and assault. However, the use of force must be reasonable and directly related to the level of threat faced, as excessive or retaliatory actions are not protected under the law. The principle ensures that individuals are not left defenceless in dangerous situations while maintaining a balance to prevent misuse or abuse.
This right also extends to law enforcement officers, who may need to use reasonable force in self-defence or to protect others while fulfilling their duties. However, given their role in upholding justice and human rights, police officers are held to a higher standard of accountability. Any misuse of force, even under the claim of private defence, can erode public trust and undermine the legitimacy of law enforcement actions. To maintain social order and justice, it is crucial to educate both citizens and law enforcement personnel about the legal boundaries of private defence. Promoting awareness and accountability ensures that this right serves its intended purpose鈥攑rotecting individuals while fostering a just and harmonious society.
The use of force by the police is a crucial but sensitive aspect of law enforcement, necessary for protecting public safety, preventing crime, and maintaining order. However, this power must be exercised judiciously, proportionately, and within legal and ethical boundaries to uphold public trust and human rights. Both national and international frameworks regulate police use of force, ensuring it remains a last resort and is applied only when necessary. In Bangladesh, relevant laws such as the Police Act 1861, the Code of Criminal Procedure听1898, and the Police Regulations 1943 establish guidelines for their lawful application. Globally, the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (1990) emphasise necessity, proportionality, and accountability to prevent misuse.
To maintain legitimacy, police officers must be trained in de-escalation techniques and alternative conflict resolution methods. The improper or excessive use of force can undermine public confidence, violate human rights, and erode the integrity of law enforcement institutions. Effective oversight mechanisms, including transparent investigations and accountability measures, are essential to ensure that officers adhere to the principles of necessity and proportionality. By following established legal and ethical standards, law enforcement agencies can balance their duty to maintain order while respecting individual rights and freedoms.
To be continued
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Dr Md Motiar Rahman is a retired deputy inspector general of police.
