rule of law in bangladesh assignment

Rule of Law In Bangladesh

Constitution connected with Bangladesh on the preamble proclaims rule of law Just as the prime objective of an Constitution. However, if we examine the Constitution, when i receive that the complete constitutional regime is usually aimed on achieving the signal involving law as It is understood with the offer day. The code associated with law is really a basic feature of your constitution of Bangladesh. This has been pledged in the preamble towards the constitution involving Bangladesh that it shall become fundamental aim of the state to be able to realize through the democratic program a great socialist society, free through exploitation like a society that your the rule regarding law, fundamental human rights and also freedom, equality in addition to justice, political economic and also social, is usually secured for all citizens.

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Rule of law in bangladesh

Rule of law in Bangladesh an overview Read less

1. RULE OF LAW IN BANGLADESH: AN OVERVIEW [part 2]
2. RULE OF LAW AND THE CONSTITUTION OF BANGLADESH  The rule of law is a basic feature of the constitution of Bangladesh. It has been pledged in the preamble to the constitution of Bangladesh that – ‘"It shall be fundamental aim of the state to realize through the democratic process a socialist society, free from exploitation - a society in which the rule of law, fundamental human rights and freedom, equality and justice, political economic and social, will be secured for all citizens."
3. RULE OF LAW AND THE CONSTITUTION OF BANGLADESH……  In accordance with this pledge the following positive provisions for rule of law have been incorporated in the constitution:  Article 27 guarantees that all citizens are equal before law and are entitled to equal protection of law.  Article 31 guarantees that to 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 with in 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.  Articles 44 and 102 ensured effective enforcement of 18 fundamental rights guaranteed in the constitutional.  Article 7 and 26 impose limitation on the legislature that no law which is inconsistent with any provision of the constitution can be passed.  In accordance with Article 7, 26 and 102(2) of the constitution the supreme court exercise the power of judicial review whereby it can examine the extent and legality of the actions of both executive and legislative and can declare any of their actions void if they do anything beyond their constitutional limits.  Right to be governed by a representative body answerable to the people have been ensured under Articles 7(1), 11, 55, 56, 57 and 65(2) of the constitution.
4. RULE OF LAW IN BANGLADESH: THE REALITY  First, access to law as well as equality before it, are reserved for only those who are privileged.  Second, all government in this country have claimed that there is independence of judiciary. The claim is only partially true, while the higher courts enjoy a certain measure of independence, the lower courts are under the direct control of the law ministry. The principle of separation of judiciary from executive is being violated in two ways - 1. Magistrates are performing dual function of both executive and judiciary which is not desirable in the interest of justice. 2. The service of district and session judges, their transfer, promotion etc. are controlled not by the supreme court but by the law ministry.  Third, The government of Bangladesh continued to use the Special Power Act of 1974 and section 54 of the criminal code which allow for arbitrary arrest and preventive detention, to harass political opponents and other citizens by detaining them without formal charges.  Fourth, The very principle that law should take its own course requires that in investigation and preparation and submission of the charge sheet, the investigating agency should be free from, encumbrances influences and threats of all kinds. Unfortunately, that situation does not obtain in today's Bangladesh. More over number of extra judicial killing is high.
5. RULE OF LAW IN BANGLADESH: THE REALITY………  Fifth, Another aspect of rule of law relates to the limits of law making power of the parliament itself. Our constitution quite rightly declares the people as the repository of all power and they use it through their elected representatives. However, law like special power Act of 1974, judges impeachment provision violate the limit of rule of law.  Sixth, Police is no doubt a very powerful institution for the endorsement of the rule of law. But in Bangladesh, the police has never been friendly with the public. The police serve the government and enjoys, in exchanges, the freedom to act arbitrarily and in the material interests of its own members.  Seventh, Ordinance making power can be supported only in emergency situation like national crisis, national calamity severe economic deflection etc. demanding for immediate legislative actions. But article 93 of the constitution allows the president to promulgate ordinances anytime during the recesses of parliament session.  On the other hand Article 141(A) empowers the president to declare emergency whenever he wishes. By declaring emergency in peace time the government can suspend fundamental rights and suppress the opposition movement. This mounts to avowed arbitrary exercise of power on the part of the government which is contradictory to the concept of rule of law.
6. RULE OF LAW IN BANGLADESH: THE REALITY………  Eighth, The poor people could not reach before the judges only because of mobility to meet the charge required for going through the complicated process of litigation. Thus, they prefer injustice than fatigue.
7. WHAT WE NEED FOR THE PRINCIPLE OF DEMOCRATIC RULE OF LAW  To separate the judiciary immediately from the executive ;  To appoint an ombudsman for the sake of transparency and democratic  accountability ;  To make the parliament effective and to let the law making body to do its due business in cooperation with each other government and opposition;  To reform the law enforcing agencies and police force to rid them out of corruption and to free them from political influence so that they could truly maintain the rule of law;  To forge national unity and politics of consensus built around the basic values of the constitution, namely democracy, respect for each others human rights, tolerance, communal harmony etc.

RULE OF LAW IN BANGLADESH: ‘REALITY OR MYTH?’

Introduction.

Rule of Law is one of the basic features of Bangladesh’s constitution which sets out in the aspiration section of the preamble of the Constitution of the People’s Republic of Bangladesh [1] and was also established in the Anwar Hossain Chowdhury v Bangladesh case. [2] In rule of law, everyone is under the law, no matter what his position is. It simply means the government is based on law, not on people. The WJP (World Justice Project) Rule of Law Index 2021 measures countries’ rule of law performs among eight factors: Constraints on Government Powers, Absence of Corruption, Open Government, Fundamental Rights, Order and Security, Regulatory Enforcement, Civil Justice, and Criminal Justice. [3] A fair trial is the prerequisite and also a key tool for ensuring criminal justice in respect of rule of law. [4] But what is the status of Bangladesh in terms of rule of law and fair trial of people right now?

Different Aspects of Rule of Law

The principle of natural justice is one of the major components of fair trial which means no one shall be condemned unheard. However, people have witnessed some terrible cross-fire which is logically termed as a gunfight, shoot-out, encounter as well and mob killings which turn into the shape of extra-judicial killing. A valid question comes into mind that through so-called cross-fire and mob killing, are we trying to establish a rule of law in our country? Everyone has his right to life as well as the right to get a fair trial. Eleanor Roosevelt quotes that ‘ justice cannot be for one side alone, but must be for both .’ For that, a free and fair trial is a must, none can kill without getting a chance to place his words in front of the court.

Provisions regarding Rule of Law

The Universal Declaration of Human Rights (UDHR) Poses in article 3 that everyone has the right to life, liberty, and security of person. Article 5 asserts that no one shall be subjected to torture or cruel, inhuman, or degrading treatment or punishment. Article 9 talks that no one shall be subjected to arbitrary arrest, detention, or exile. Our constitution also includes these provisions to establish rule of law here. Articles 27, 31, 32, and 33, 35 of our constitution are denoting about citizen’s right that every citizen is equal before the law and get the equal Protect of law, citizens are entitled to enjoy the safeguards as to arrest and detention, protection of the law and treated under law and not deprived of life or personal liberty, elements of a fair trial in criminal prosecution respectively. Right to be brought before the court is one of them. Article 9 (3), (5) of the International Covenant on Civil and Political Rights (ICCPR) pledge that every people have the right to be brought before the court, which is also mentioned in section 61 and 167 (1) of the Code of Criminal Procedure, 1898. These provisions talk that life cannot be taken arbitrarily either without having a proper trial.

Rule of Law and Its Current Scenario in Bangladesh

However, the current scenario of Bangladesh is completely different from our thoughts. Just a week back two suspect drug dealers were killed at Ukhia and Teknaf at Cox’s Bazar in two separate gunfights with RAB (Rapid Action Battalion). [5] In last year, the chairman of Union Parishad of Khulna was killed by RAB in a cross-fire. [6] In July, a suspect murderer was killed by police in Chittagong. It is increasing in our society alarmingly. Pointing out the way to rid of the heinous crime from society, MP of Jatiya party, Mujibul Haque Chunnu first initiated the topic of cross-fire in January 2020. [7] In addition, the death of major Sinha made us rethink about the existence of rule of law in Bangladesh. Tofail Ahmed, MP of Bhola added that not only for drug dealers but it should also apply in the incidents of rape. Sayed Nazibul Bashar, MP of Chattrogram, and some other MPs have given their support to this matter. When our policymakers can ask for crossfire to diminish the crime that is quietly opposed from the provisions of our constitution, how could we expect the existence of rule of law in our country?

Mob justice is one of the major tools to shaken down the position of rule of law in Bangladesh. It has first come to light in 2011, on 17 July when six students were killed by a mob beating at Savar near Amin bazar at Shab-e-barat’s night. [8] Recently, a single mother, Taslima Begum Renu was killed on suspicion about kidnapping when she went to the primary school of Uttar Badda to know about the admission scheme for her daughter. [9] As per Ain O Salish Kendra (ASK), a human rights organization in Bangladesh, in 2019, 65 people died across Bangladesh in mob justice, and in 2020 the number is 35 and in 2021 till August, it is 23. [10]

Odhikar, one of the human rights platforms in Bangladesh, made a survey report for extra-judicial killings and as per the report, in 2019, 391 people died over the country in extra-judicial killings, in 2020 the amount is 225 and up to March 2021, the amount is 34. [11] As per the WJP index of 2020, Bangladesh has ranked 115 th globally among 128 countries [12] and in 2019 the rank was 112 th among 126. [13]

Considering all of these statistics and scenarios, we can assume that the position of rule of law is undergoing a grim situation. The reality is quietly different from our expectations as well as from the provisions of the constitution which were made to ensure the rule of law in Bangladesh.

Author(s) Name: Anamika Modok (East West University, Dhaka)

References:

[1] Preamble, The Constitution of the People’s Republic of Bangladesh, 1972.

[2] Anwar Hossain v Bangladesh , 1989, BLD (Spl) 1.

[3] Official website of the World Justice Project, < https://worldjusticeproject.org/about-us/overview/what-rule-law >, accessed September 24, 2021.

[4] ‘The Right to a Fair Trials’, Fair Trials , < https://www.fairtrials.org/right-fair-trial >, accessed September 23, 2021.

[5] Staff Reporter, ‘2 yaba Traders Killed in Cox’s Bazar gunfights’, The Business Standards , September 12, 2021, < https://www.tbsnews.net/bangladesh/2-yaba-traders-killed-coxs-bazar-gunfights-301342 >, accessed September 24, 2021.

[6] Staff Reporter, ‘Former Khulna UP Chairman Killed in Gunfire with RAB’, The Daily Star , July 30, 2020, < https://www.thedailystar.net/former-khulna-chairman-killed-in-gunfight-rab-1938737 >, September 23, 2021.

[7] Staff Reporter, ‘MPs Call for Killing Rapist in Crossfire’, Dhaka Tribune, January 14, 2020, < https://www.dhakatribune.com/bangladesh/parliament/2020/01/14/mps-call-for-killing-rapists-in-crossfire?fbclid=IwAR3BqFH-tTQsXcq3jNo42Ezi4p5O0BglAcT8aYuYIVlOwtLyRc8rPO8Naco >, September 24, 2021.

[8] Staff Correspondent, ‘6 Beaten to Death’, The Daily Star , July 19, 2011, < https://www.thedailystar.net/news-detail-194763 >, accessed September 15, 2021.

[9] Shariful Islam, ‘Renu’s Death in Mob Beating: Police Submit Charge Sheet against 15’, The Daily Star , September 11, 2020, < https://www.thedailystar.net/frontpage/news/renus-death-mob-beating-police-submit-charge-sheet-against-15-1959217 >, accessed August 29, 2021.

[10] Official Website of Ain O Salish Kendra (ASK), < http://www.askbd.org/ask/ >, accessed September 23, 2021.

[11] Official Website of Odhikar, < http://odhikar.org/ >, accessed September 24, 2021.

[12] Rule of Law Index 2020, World Justice Project , p. 6, < https://worldjusticeproject.org/sites/default/files/documents/WJP-ROLI-2020-Online_0.pdf >, accessed September 23 2021.

[13] Rule of Law Index 2019, World Justice Project , p. 6, < https://worldjusticeproject.org/sites/default/files/documents/ROLI-2019-Reduced.pdf >, accessed September 14, 2021.

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International Federation for Human Rights

Bangladesh: government must act to address rule of law crisis.

Paris, 22 December 2021 - A new report published by FIDH paints a grim picture of the rule of law in Bangladesh and calls upon the government to address the dire situation by urgently implementing tangible legal and institutional reforms. The report, titled “Out of control - Human rights and rule of law crises in Bangladesh,” reveals a weakened rule of law characterized by a judiciary that lacks independence from the executive branch of government, widespread censorship of the press, (…)

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