MOB JUSTICE IN BANGLADESH

 

Md. Nayon Sarder 
Md. Nayon Sarder 


“ They beat him, fed him, then killed him” this is not an ordinary headline  of a news-paper rather it is a cruel as well as unacceptable & horrific incident  of mob killing of a man named Tofazzol. Tofazzol was brutally killed by a mob inside residential area of Dhaka university. How can a country uphold justice where it’ s future leaders are killing someone like this manner! Yes, we are talking about mob justice (?). According to Justices Centre of Uganda “Mob justice is a form of extra judicial punishment or retribution in which a person suspected of a crime or wrongdoing is typically humiliated, beaten, sometimes undressed and in many cases these are usually done by a crowd.” There are different forms of mob justice such as lynching, public beating and extra judicial killing.

 

The institutions of Bangladesh are weak. The legal system of Bangladesh is very slow and often alleged of corruption. Millions of pending cases, the police, one of the main parts of the legal system, are not properly accountable, trust deficit among people in criminal judiciary system. That raises distrust on judiciary. As a result, the judiciary is not functioning properly.

Poverty, lack of  education, ignorance of values, social unrest and insufficient access to essential services lead to feelings of frustration and disillusionment, which drive mob justice. Individuals in lower socio-economic levels frequently have little reliance in the sluggish and hard-to-reach legal systems. Furthermore, in the absence of collective efforts by political leaders and clergymen, mobs are often manipulated by social media. The lack of legal knowledge, consciousness, and factual thinking frequently leads them to engage in mob justice.

The impact of mob justice is gruesome. Firstly, that is weakening the rule of law & role of law enforcement agencies.  In addition, division and hatred among people on religious & ethnic basis culminating to national disintegration & violence. Furthermore, this is tarnishing the image of Bangladesh as a communal & chaotic country in world stage which is seriously concerning.

There are some laws regarding mob justice. Mob justice is a clear violation of human dignity & Universal Declaration of Human Rights. ‘Article 27’ of the constitution of Bangladesh refers that ‘all citizen of Bangladesh equal before the law & entitled to equal protection of law. Also, according to ‘article 31’ every citizen has the equal right to enjoy protection of law. In addition, ‘article 32’ says, no person shall be deprived of life or personal liberty save in accordance with law. ‘Article 35(5)’ says no person shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment. Furthermore, though the Penal Code of Bangladesh has no particular section about mob justice, mob justice could be dealt with under section 300 & 302, pertaining to murder.

Then what is the way out of mob justice? Firstly, a rigorous and speedy way for dispensation of justice. Secondly, raising legal awareness about justice among people. Thirdly, bona fide will of politician as well as clergymen to reduce this heinous crime. Some law may be taught from early stage of education, the mass media should come forward to make public awareness.

Mob violence is a dangerous phenomenon that erodes the very foundation of a civilized society. To curb this menace stronger law enforcement, transparency in legal system, fair trials & swift justice, harsh penalties should be immediately established. And only then Bangladesh can hope to overcome this scourge and uphold the principle of justice and human dignity for all of its citizen. And we can hope for our dreamt Bangladesh free from all kinds of injustice.

 


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