In 1971, during the liberation war, our police officers from all ranks gave their lives for our independence. Many police personnel embraced martyrdom on March 25, 1971, fighting bravely with mere .303 rifles against the Pakistani invaders. The name and address of thousands of police officers of different ranks, who sacrificed their lives for the independence of Bangladesh during the liberation war, are listed.
After the emergence of Bangladesh, the existing police force of Bangladesh got modified and renamed as Bangladesh Police and assumed the role of a national police force. Bangladesh Police is primarily responsible for the preservation of peace and order, protection of life and property of the people and prevention and detection of crime within the periphery of the state.
As per the Constitution of Bangladesh, "The Republic shall be a democracy in which fundamental human rights and freedoms and respect for the dignity and worth of the human person shall be guaranteed …" (Article 31, Constitution of Bangladesh). "No person shall be deprived of life or personal liberty save in accordance with law." (Article 32)
Furthermore, "No person shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment." (Art 35(5)). Every citizen shall have the right to assemble and to participate in public meetings and processions peacefully and without arms, subject to any reasonable restrictions imposed by law in the interests of public order or health. (Article 37)
Bangladesh is also a State Party to 1966 Covenant on Civil and Political Rights (ICCPR), 1984 Convention against Torture(CAT), 1998 Rome Statute of the International Criminal Court.
Under the 1898 Code of Criminal Procedure, if a person "forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police officer or other person may use all means necessary to effect the arrest." It is also provided, however, that this does not grant "a right to cause the death of a person who is not accused of an offence punishable with death or with [imprisonment for life]." (Section 46, 1898 Code of Criminal Procedure). Section 50 of the 1898 Code prohibits an arrested person from being subjected "to more restraint than is necessary to prevent his escape." The 2013 Torture and Custodial Death (Prevention) Act criminalises torture in a detention facility.
Police use of firearms to protect property is not permissible, nor is the use of firearms to disperse unlawful assemblies. The 1943 Police Regulation of Bengal stipulated the primary responsibilities of a police officer to protect and respect the individual's fundamental rights and freedoms. These regulations govern the interaction of the police with the public and while they are either investigating or detaining people. Under the law, use of firearms can only be lawful where it is necessary to confront an imminent threat of death or serious injury or a grave and proximate threat to life. Bangladesh needs to review and adopt domestic legislation restricting police use of force and firearms in accordance with international law.
The use of firearms is governed by outdated regulations that do not conform to international law and standards. According to Regulation 153(a): The use of firearms is permitted for the following purposes only: (i) In exercise of the right of private defence of person or property. (Sections 96 -- I06, Penal Code); (ii) For the dispersal of unlawful assemblies. (Sections 127-128. Criminal Procedure Code); and (iii) To effect an arrest in certain circumstances. (Section 46, Criminal Procedure Code).
Under the law, use of firearms can only be lawful where it is necessary to confront an imminent threat of death or serious injury or a grave and proximate threat to life
In its 2017 concluding observations on Bangladesh, the Human Rights Committee identified the functioning and fulfilment of the mandate of the National Human Rights Commission as a particular concern on the basis that the commission “may not have a broad enough mandate to investigate all alleged human rights violations, including those involving state actors such as the police, military and security forces.”
The human rights committee called on Bangladesh to broaden the mandate of the commission and allow it to investigate all alleged human rights violations, including those committed by state military and security actors. The state party should also provide the commission with sufficient financial and human resources to allow it to fulfil its mandate impartially and independently in line with the principles relating to the status of national institutions for the promotion and protection of human rights.
Bangladesh police, the single institution entrusted with the responsibility of ensuring rule of law and human rights, strives to track citizen’s engagement in policing and the quest for better service, better value, and better management. It envisages a new structure erected on the bedrock of information and communication technology, skill adequacy, knowledge-based initiatives and community partnership that will be styled on a schema of cascading change to set a stage for a clear interface between police and citizenry.
It tends to explore innovative practices in addressing the challenges of the time and reorienting its mission and vision and augment its capacity towards citizen centric service, to uphold professionalism, image and visibility of the service and the value and virtue of the service to the community.
To meet the needs of an independent and developing country, the police are now required to play a significant role in the development process by providing the basic security required for sustained economic growth of the country as per the legal boundary. By confirming this they can also contribute substantially by keeping crime -- which hinder the process of development, peace, and law and order -- under control.
Fayazuddin Ahmad is an Advocate and Development Professional.
