The recent incident, involving the beating up of several young persons by the police during an anti-drug clampdown operation, has justifiably reignited the debate about what the police can and cannot do.
At the same time, the need to exorcize colonial phantoms hovering over the force has gained traction.
There are several videos about the operations, which have gone viral, triggering public backlash and an online furore.
Beating is strictly prohibited
While the anti-narcotic drive is always welcome, the way it was carried out cannot be endorsed because several of the actions by the law enforcers were in violation of the constitution.
A simple search of the law of the land reveals that as per clause 35(5) of the constitution, the police cannot legally torture or beat an arrested person.
To prevent a person under suspicion from escaping, restraint is permitted but the law clearly prohibits degrading behaviour, usage of demeaning language and cruel treatment.
Amidst all the hullabaloo, four policemen have reportedly been closed, although the term “closed” possibly has very little meaning to the lay person. Cynical as it may sound, this is more like a “stay out of sight” for a few days, come back when the pandemonium is over.
Be that as it may, to get an objective assessment of what had taken place during the clampdown, I spoke to a few people who had seen the viral videos several times.
When asked to objectively and impartially deconstruct the events as seen in the viral clips, Faizul Bari, a social observer and political analyst, said: “In one video, we see the police speaking to a university student where the latter’s assertive voice seems to irk the law enforcers.
“In this particular video, the student’s confident and bold stance was possibly taken as an act of impudence which triggered a sudden assault on the person by uniformed policemen,” contends Bari.
Arpita Chowhan, a Dhaka University student, welcomes the anti-narcotics drive but raises questions about the beatings along with the demeaning language. In another video, a very polite person, caught with cannabis, is seen telling the police, looking mortified, that he was smoking the substance to ease the pain of incurring a loss in his business venture.
Since cannabis is a banned item, no excuse can be permitted but, in this clip, what was disturbing was the patronizing air, bordering on a supercilious attitude, of the law enforcers.
“It’s evident that the person caught with the substance understands he has broken the law but repeatedly questioning him as to how smoking cannabis mitigates mental angst seems perverted,” stated Arpita.
In another video, a teen is seen speaking about rights but in return gets a slap and further ridicule.
Speaking on the three videos, Shahnoor Karim, a veteran journalist observes: “These individuals have broken the law, there’s no question about it, but their transgressions can never justify the beatings, the derision and the condescending language.”
In one video, the young university student is bold and assertive, so he gets the beating. In the other, the person is courteous and forthcoming, which earns him patronising language. So, what is the right way of facing law enforcers?
Tracing the colonial spectre of policing
During the colonial period, policing was deliberately laced with intimidation and fear. Crush the will of the common person, create perpetual fear in them so they will not be able to stand up to imperial power -- that was the motivating factor.
In such a repressive environment, the Rowlatt Act was passed in 1919 allowing the police to detain someone without a warrant and keep that person imprisoned without trial for up to two years.
The colonial strategy, demanding a civilian to cower while facing the police, remains in our country it seems. Anyone defying it either faces the rebuke or, in some cases, the baton.
In one viral video, a person is asked as to why there’s a hammer in his bag. A crime can be committed with a hammer but then, someone can be smothered and killed with a pillow, a small match box can be used to light a fire to destroy something, and an innocuous pair of scissors can be also used as a weapon.
Almost half the items we use in everyday life can be turned into a weapon to harm, says Abdullah Al Bake, a journalist, adding: “If I am caught with tapes, wires, scissors, a torch, and a knife, I may not be planning something sinister but going somewhere to help set up wedding lights or decoration for a party.”
But the law says the police have the right to question -- and every citizen will agree to that. What people will not agree to is the intimidating/belittling tone of questioning.
Of the viral videos, the one where a university student is seen speaking confidently, needs further discussion.
He was forthright and, perhaps, as a student leader, knew his rights as a citizen and therefore, refused to be intimidated, which triggered the other law enforcers, carrying sticks.
While the sticks were used recklessly, the unspoken rage seemed to stem from sentiment: How dare you speak with such conviction when you are supposed to wilt and be subservient?
Maybe, if he had used the word “sir,” the beating would not have taken place, quipped Nazia Prima, a student of the Institute of Fine Arts.
But in this new Bangladesh, “sir” has to be earned, not forced out of anyone, she added.
“If someone hasn’t broken the law then that person surely has the right to be bold, secondly, if the police wants to shed the ignominious reputation it earned during the last regime as a politicized tool, it must change its approach, in all areas.”
Robust action to clamp down on drugs will be lauded but then, apply the same approach while nabbing the drug king-pins.
Those who loiter about in an open area are the small- time sellers and the young users. Beating them up and assaulting young people won’t stop the trade. Be overzealous when you nab the kingpins.
A cultural overhaul needed
During the interim government, much debate was held on having a separate commission to oversee operations of the police and to ensure accountability.
If the new government wants to transform Bangladesh, such a body is essential, states Zahirul Islam, a journalist for an English daily.
“To earn the respect of the people and to shed the years of disgrace which had tarnished their image, law enforcers need to interact directly with the young, civil society members and the media in open platforms aired on television,” maintains Zahirul.
Change will come when the police decide to have no holds barred dialogue with the public and society in general, adds Alvi Saquib, an artist.
“The law enforcers should come forward to ask the people: What are we doing right and what do we need to change?”
An independent commission, answerable directly to the top authority, must be formed to ensure proper oversight of law enforcers, asserts Mazhar Islam, a broadcast journalist.
In dealing with young people, especially teenagers, the strategy must include firm reprimand laced with avuncular affection, says Sabbir Hossain, another journalist.
But Sabbir also feels that if large open areas are illuminated at night with security ramped up, drug sellers will automatically be deterred.
Exorcise the colonial ghost, otherwise, change of uniform will just be cosmetic while rhetoric at seminars will remain hollow.
Towheed Feroze is a writer and former journalist.