An Assignment on Human Rights Violation in

Bangladesh

Prepared by,
Istiak Ahmed
Department of Public Administration
Islamic University, Kushtia, Bangladesh

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Abstract
In this paper I have discussed human rights violation in Bangladesh elaborately. I
included how human rights are being neglected & violated in every spheres and
involvement of law enforcement agencies in it. Emphasis is placed in civil and political
rights, social and economic rights and violation of these rights in Bangladesh. Some
specific cases of extrajudicial killings, forced disappearance, rape & murders, arbitrary
arrest, violence against women & girls have also been added. I also demonstrate the
role and activity of law enforcement agencies of Bangladesh.

Keywords: Human Rights, Violation, Article, Government, Torture, Law enforcement

agencies.

Introduction
Human rights are the rights that all people born with them and owned it as human
being; regardless of nationality, gender, ethnicity, religion or any other status . These
are a set of basic standards that everyone needs to live a full life. Violation of human
rights means any action or inaction which despoil an individual or group of any of their
legal rights, as evidently in law or in regulations. This violation is the disaccord of the
freedom of thought and movement to which all humans legally have a right. When
human rights are purposefully prohibited or not protected, they are violated. Arresting
someone for their peaceful speech or preventing someone from getting a job or an
education because of their race, religion or gender are all examples of human rights
violation. Violation of Human rights in Bangladesh is increasing at an alarming rate.
Bangladesh gets UN Human Rights Council membership four times previously and
recently for fifth time1, but violations of human rights are not decreased here. Human
rights are the integral part of establishing democracy and good governance. It is not
possible to establish democracy and good governance by violating human rights. It
has been recognized internationally that human rights are being violated in
Bangladesh. As for Bangladesh’s current situation I can say “Law is there, but its not
enforced”. There are numerous instances of human rights violation across the world

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as well. Late U.S President John F. Kennedy said- “The rights of every man are
diminished when the rights of one man are threatened”2.

Objective
The primary objective of this assignment is to illustrating the current situation of
human rights violation in Bangladesh. Here are some specific objectives :
i. To carry out accurate understanding about Human Rights Violation.
ii. To bring up present scenario of Human Rights Violation in Bangladesh with
some latest cases and statistics.
iii. To assess the action of law enforcement agencies against Human Rights
Violation in Bangladesh.
iv. To demonstrate concerned articles about Human Rights.

Significance of the Study

This study will be a significant endeavor to understand Human Rights, Human Rights
Violation. Human Rights Violation is a threat and curse to the humanity. It makes
democracy vulnerable and fragile. This analysis will help us to know more about
Human Rights Violation’s affect on society, democracy, politics and humanity. We will
able to explore the relevant scenario of Human Rights Violation in Bangladesh through
this study.

Methodology of the Analysis

This analysis is directed on the basis of qualitative research method and content
analysis method. This analysis is not exploratory. The main information and data are
collected from secondary sources such as books, online articles, newspaper, journal
which are related to Human Rights and it’s Violation.

Concept & Types of Human Rights Violation

Human rights violation is the disallowance of the freedom of thought and movement
to which all humans legally have a right. It means any action or inaction, which
deprives the person served of any of his or her legal rights, as articulated in law or in

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these regulations or in other applicable Department
Regulations. Human rights violation involves denying
human beings their basic moral entitlements. Some
examples of human rights violations, also called “crimes
against humanity” include killings, torture, rape, slavery,
detracting freedom of speech and expression etc. These
violations have been part of human history and only in the
last century has a universal consensus emerged that they
are unconditionally wrong.
❖ Types of Human Rights Violations:-

1. Directly or Intentionally:
Violations can either be intentionally performed by the state and or come as a
result of the state failing to prevent the violation. When a state engages in
human rights violations, various actors can be involved such as police, judges,
prosecutors, government officials, and more. The violation can be physically
violent in nature, such as police brutality, while rights such as the right to a fair
trial can also be violated, where no physical violence is involved.
2. Failure by the state to Protect Rights:
It occurs when there's a conflict between individuals or groups within a
society. If the state does nothing to intervene and protect vulnerable people
and groups, it's participating in the violations.

Article concerning Human Rights & Violation

Basic human rights recognized around the world declared by United Nations through
Universal Declaration of Human Rights (UDHR). These declaration held by United
Nations General Assembly at the Palais de Chaillot in Paris, France on 10 December
1948. The Universal Declaration contains 30 Articles. Out of these 30 Articles, 1 to 21
Articles deals with civil and political rights while 22 to 30 deals with economic and
social rights.
❖ The UDHR 30 articles
• Civil and Political Rights

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 Article 1: We are all born free and equal
Article 2: Freedom from Discrimination
Article 3: Right to Life
Article 4: Freedom from Slavery
Article 5: Freedom from Torture
Article 6: Right to Recognition Before the Law
Article 7: Right to Equality Before the Law
Article 8: Right to Remedy
Article 9: Freedom from Arbitrary Detention
Article 10: Right to a Fair Trial
Article 11: Presumption of Innocence and International Crimes
Article 12: Right to Privacy
Article 13: Freedom of Movement
Article 14: Right to Asylum
Article 15: Right to Nationality
Article 16: Right to Marry and to Found a Family
Article 17: Right to Own Property
Article 18: Freedom of Religion or Belief
Article 19: Freedom of Opinion and Expression
Article 20: Freedom of Assembly and Association
Article 21: Right to Democracy
• Economic, Social and Cultural Rights
Article 22: Right to Social Security
Article 23: Right to Work
Article 24: Right to Rest and Leisure
Article 25: Right to Adequate Standard of Living
Article 26: Right to Education
Article 27: Right to Cultural, Artistic and Scientific Life
Article 28: Right to a Free and Fair World
Article 29: Duty to Your Community
Article 30: Human rights can’t be taken away

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❖ The Concerned Articles on Human Rights in the Constitution of Bangladesh
Fundamental guiding ideas of public policy are found in Part II of the Constitution,
which runs from Articles 8 to 25. The UDHR's economic, social, and cultural rights are
primarily outlined in Article 15 of this document. The articles 13(b), 17, 19(1), and 23
also represent communist human rights. The following are the UDHR's ambitions for
these articles:
1. Article 13(b) and (c) of the Constitution admit, accordingly, cooperative ownership
and private ownership. According to Article 17(1) of the UDHR, everyone has the right
to own property alone as well as in association with others.

2. According to Article 15(a) of the Constitution, it is the state's fundamental

responsibility to provide citizens with basic necessities of life such as food, clothing,
shelter, education, and medical care. This constitutional right resembles Article 25 of
the UDHR, which says that everyone has the right to a standard of living adequate for
the health and well-being of himself and of his family, including food, clothing, housing,
medical care, and necessary social services.

3. Article 15(b) of the Constitution recognizes the right to work. It states that it is the
state's fundamental responsibility to ensure citizens' right to work, that is, the right to
guaranteed employment at a reasonable wage based on the quantity and quality of
work. The right's origins can be found in Article 23(2) of the UDHR, which states that
everyone has the right to equal pay for equal work without discrimination.

4. . Article 15(c) of the Constitution states that it is the state's fundamental

responsibility to ensure citizens' right to reasonable rest, recreation, and leisure. This
resembles the right given in Article 24 of the UDHR, which provides that everyone has
the right to rest and leisure, including reasonable limitation of working hours and
periodic holidays with pay.

5. Article 15(d) of the Constitution provides that it shall be a fundamental

responsibility of the state to secure to the citizens the right to social security, that is
to say, to public assistance in cases of undeserved want arising from unemployment,

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illness, or disablement, or suffered by widows or orphans, or in old age, or in other
such cases. Articles 22 and 25(1) of the UDHR provide for almost the same. Article 22
says that everyone, as a member of society, has the right to social security; and Article
25(1) says that everyone has the right to security in the event of unemployment,
sickness, disability, widowhood, old age, or other lack of livelihood in circumstances
beyond his control.

6. Article 17 of the Constitution arranges for free and compulsory education for all
children. Article 26(1) of the UDHR says similarly that everyone has the right to
education; education shall be free, at least in the elementary and fundamental stages,
and elementary education shall be compulsory.

7. Article 19(1) of the Constitution provides for equality of opportunity for all citizens.
This is a reflection, though slightly, of Article 21(2) of the UDHR, which says that
everyone has the right to equal access to public service in his country.

8. Article 23 of the Constitution says that the state shall adopt measures to conserve
the cultural traditions and heritage of the people and so foster and improve the
national language, literature, and arts that all sections of the people are afforded the
opportunity to contribute towards and participate in the enrichment of the national
culture. Article 27(1) of the UDHR says in the same line that everyone has the right
freely to participate in the cultural life of the community, to enjoy the arts, and to share
in scientific advancement and its benefits.

❖ Human Rights as Fundamental Rights in the Present Constitution of Bangladesh

17 of the 18 essential rights protected by Part III of the Bangladeshi Constitution,
which range from 27 to 44, are derived directly from the 1948 Universal Declaration of
Human Rights. Six of them are applicable to and pleasurable for all people alive today,
whether they are citizens or not or remaining inside the boundaries of the nation. The
remaining 12 are solely available to citizens. The following are the six fundamental
rights that are similar to the UDHR's Articles-

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1) The right to life and personal liberty, save as provided by law [Constitution Article
32 and UDHR Article 3]
2) Right to safeguard as to arrest and detention [Constitutional Article 33 and UDHR

Article 9]

3) The right not to be subjected to forced labor [Constitution Article 34 and UDHR

Article 4]

4) Right to protection in respect of trial and punishment [Constitution Article 35, and

UDHR Article 10]

5) Right to freedom of religion subject to law, public order, and morality [Constitution

Article 41, and UDHR Article 18] and

6) Right to the enforcement of fundamental rights [Constitution Article 44, and UDHR

article 8]

In accordance with the UDHR's Articles, Bangladesh’s 12 basic rights, which are

exclusively applicable to and enjoyed by its inhabitants, are as follows:

1) The right to equality before the law and to equal protection of the law [Constitution

Article 27 and UDHR Article 7]

2) Right not to be discriminated against on grounds of religion, race, caste, sex, or

place of birth [Constitution Article 28 and UDHR Article 7]

3) The right to equality of opportunity in public employment [Constitution Article 29

and UDHR Article 21.2]

4) Right not to accept any title, honor, award, or decoration without the prior approval

of the President of Bangladesh [Constitution Article 30, from outside the UDHR]

5) Right to legal protection and treatment in accordance with the law [Constitution

Article 31 and UDHR Article 7]

6) The right to freedom of movement is subject to reasonable restrictions imposed by

law [Constitution Article 36 and UDHR Article 13]

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7) The right to assembly is subject to reasonable restrictions imposed by law

[Constitution Article 37 and UDHR Article 20(1)]

8) The right to form associations or unions, subject to reasonable restrictions imposed

by law [Constitution Article 38 and UDHR Article 20(1)],

9) Freedom of thought and conscience, as well as the right to freedom of speech and

expression and freedom of the press, subject to reasonable restrictions imposed by

law [Constitution Article 39 and UDHR Article 18]

10) Right to engage in a lawful profession or occupation subject to any restrictions

imposed by law [Constitution Article 40 and UDHR Article 23(1)]

11) Right to acquire, hold, transfer, or dispose of property subject to any restrictions

imposed by law [Constitution Article 42 and UDHR Article 17] and

12) The right to be secured at home and the privacy of correspondence and other

communication are subject to reasonable restrictions imposed by law [Constitution

Article 43 and UDHR Article 17]

Discussion on Violation of Human Rights in Bangladesh

Bangladesh is a South Asian country with a parliamentary democracy where the Prime
Minister holds the supreme powers. But as a democratic country, here the people
should holds the supreme power. Instead of that in all fields, human rights breaches
are more severe in Bangladesh. Access to social, health, education, housing, work,
economic, and cultural rights—all of which are regarded as essential human rights are
denied to a sizable portion of Bangladesh's poor population. Twelve UN human rights
treaties and four optional protocols have been ratified by Bangladesh, which joined
the UN Human Rights Council in May 20063. Human rights breaches, however, have
not lessened in numbers.
Reports of various national or international human rights organizations, including
Amnesty International, Human Rights Watch, and the US State Department, electronic
media, news tv channels, related articles on internet and magazines on the violation
of human rights in Bangladesh are as follows:

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1. Freedom of Expression:
Right now, Bangladeshi citizens do not have the perfect freedom of expression. The
authorities cracked down strongly on peaceful protests and dissent. Criticism of the
government’s response to the Covid-19 pandemic and other issues led to arrests and
ill-treatment of journalists, cartoonists, writers and critics family members. The death
in prison of a writer, after he was tortured and detained for 10 months under
Bangladesh’s draconian Digital Security Act, stirred protests across the country calling
for a repeal of the law.
The authorities imprisoned 433 people under the Digital Security Act, the majority of
whom were held on allegations of publishing “false or offensive information” under
Section 25.1 This represented a 21% year-on-year increase in the number of people
detained under the Act. As of 11 July, the longest-serving prisoner detained under the
Act had been held since 24 December 2018. Section 25 (publication of false or
offensive information), Section 29 (publication of defamatory information) and
Section 31 (offence and punishment for deteriorating law and order) of the Act were
used systematically to target and harass dissenting voices, including those of
journalists, activists and human rights defenders. These actions contravened
Bangladesh’s commitments under the ICCPR as well as its domestic constitutional
obligations.
➢ In May, the authorities arrested human rights defender Shahnewaz Chowdhury on
charges of attempting to “deteriorate law and order” for sharing his personal
opinion in a Facebook post. Released on bail on 16 August, he was facing up to 10
years in prison if convicted.
➢ On 17 May, the authorities arrested Rozina Islam, a senior journalist, on allegations
of stealing confidential documents and espionage.2 No concrete evidence
suggesting a recognizable criminal offence was provided.
The government also shut down websites, including five Indigenous and human rights-
related news portals. These included Hill Voice, an online news portal on the rights of
Indigenous peoples in Bangladesh, published in Canada.

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➢ In October, Bangladesh’s Rapid Action Battalion arrested Nusrat Shahrin Raka,
sister of exiled journalist Kanak Sarwar. Four days before her arrest, she filed a
complaint with the police about a fake Facebook account that was created using
her information, which criticized the government. Instead of investigating her
complaint, the authorities arrested her under the Digital Security Act and Narcotics
Control Act. Her brother said that she was targeted in retaliation for his criticism
of the government.

2. Enforced disappearances:
‘Enforced disappearance’ is particularly a heinous violation of human rights and an
international crime. It affects victims in many different ways, including constant fear
for their lives. Their families go through an emotional rollercoaster of hope and
despair, waiting for news that might never come. The disappeared person is removed
from the protection of law, a fundamental right.
In recent years, instances of enforced disappearance are on the rise in Bangladesh.
People are abducted and disappearing from various places in broad day light by the
men claiming to be members of law enforcement agencies.
During the most recent Universal Period Review, Bangladesh's law minister, Anisul
Huq, denied that enforced disappearances occurred in Bangladesh. He added that "in
many cases, the perceived victims had reappeared, proving the allegations of the so-
called enforced disappearance false4 .The working Group on Enforced or Involuntary
Disappearances reported in May 2020 that it had at least 60 active cases of forced
disappearances from Bangladesh in its database5. Odhikar, a local human rights
organization, reported that 18 people were allegedly subjected to enforced
disappearance in the first nine months of the year.
➢ Concerns of a forced disappearance by the authorities were raised when
Bangladeshi photojournalist Shafiqul Islam Kajol went 53 days without being seen
after he left his office on March 10, 2020. His son filed a case of disappearance
with the Chalkbazar Police Station in Dhaka on March 18, 2020. Instead of
investigating his suspected enforced disappearance, Shafiqul Islam Kajol was
arrested under the Digital Security Act 53 days into his disappearance. Despite
assuring an unequivocal and no-impunity stance regarding the involvement of law

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 enforcement agencies in abduction, Bangladesh still has not acceded to the
International Convention for the Protection of All Persons Against Enforced
Disappearance.6

3. Torture and other ill-treatment:

Bangladesh acceded to the Convention against Torture and other Cruel, Inhuman, or
Degrading Treatment or Punishment in 1998. The State Party was supposed to submit
an initial report within a year, but Bangladesh finally submitted its first report for
assessment 20 years later, in July 2019.
➢ Amnesty International has documented allegations of torture and other ill-
treatment against a cartoonist and a writer who were detained in May 2020 under
the country's draconian Digital Security Act for posting satirical cartoons and
comments on the Bangladeshi government's response to the COVID-19 pandemic
on social media.7
➢ On 10 March, 2021 political cartoonist Ahmed Kabir Kishore filed a case with the
metropolitan sessions judge’s court in the capital, Dhaka, under the Torture and
Custodial Death (Prevention) Act 2013.8 He accused state security agencies of
torturing him in custody.3 He had been detained along with writer Mushtaq Ahmed
in May 2020 under the Digital Security Act, for posting satirical cartoons and
comments on Facebook, critiquing the government’s response to the Covid-19
pandemic. Mushtaq Ahmed died after 10 months in prison without trial. The
government’s investigative committee concluded that he died of natural causes.
He had been denied bail at least six times. Ahmed Kabir Kishore told Amnesty
International that he was forcibly disappeared from his Dhaka residence at least
three days prior to the date stated in official records of his arrest. He added that
both he and Mushtaq Ahmed were tortured in custody by state security agents.
The cartoonist required a hearing aid after losing the hearing in his right ear.

4. Extrajudicial executions:
Extrajudicial killing is an arbitrary or unlawful deprivation of life and simply a murder.
Bangladesh has earned notoriety in carrying out extrajudicial killings. The rights to life
and personal liberty are under threat in Bangladesh, despite the fact that they are

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guaranteed by the Constitution of the People’s Republic of Bangladesh. Article 32
says: “no person shall be deprived of life or personal liberty, save in accordance with
law”. According to the International Covenant on Civil and Political Rights adopted in
1966 and ratified by Bangladesh in 2000, “every human being has the inherent right to
life”. The Covenant also says: ‘this right shall be protected by law. No one shall be
arbitrarily deprived of his life.” Different terminologies have been used by the law
enforcement agencies to distract from extrajudicial killings; such as, deaths during
‘cross-fire’, ‘encounter ‘, ‘gunfight’ etc.
➢ According to Ain o Salish Kendra, at least 80 people were subjected to extrajudicial
“shootouts” or “crossfire” and seven others died after they were subjected to
physical torture.9
➢ On 13 November 2021, state minister Kamal Ahmed Majumder told high-school
students: “I’m in favour of crossfire because hundreds of thousands of people
pass sleepless nights because of criminals. Those criminals have no right to
live.”10 His statement indicated that “crossfire” was used by the authorities to
mean extrajudicial execution, as opposed to retaliation in self-defence.

5. Despoilment of Voting Rights:

The right to vote is the constitutional right of the people of Bangladesh. But it is being
violated by the ruling party in the last few national elections. Ballot box stuffing, illegal
vote counting, illegal vote casting, voting by intimidation of certain leaders etc are the
common scenario of Bangladesh since last decade. In the wake of Bangladesh's 11th
general election, opposition coalition and pro-democracy activists expressed
disappointment with alleged episodes of vote manipulation going largely unreported
in the local media. But several journalists argue that fear of government reprisals led
many media outlets to avoid publishing stories about the alleged wrongdoing.
➢ "The level of vote robbery in the December 30 general election was unprecedented
in world history. Ahead of conducting the massively rigged election, the
government introduced some black laws, like the Digital Security Act, to shackle
the media," BNP senior joint secretary Ruhul Kabir Rizvi Ahmed told VOA news.11
➢ During some past national elections, the Journalists got a chilling message that if
they flouted the guidelines they would face serious retribution from the

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 government. In such a terrifying situation, the rigging-related activities went largely
unreported.11
➢ They are facing severe pressure on many fronts, including arbitrary arrests and
beating by police, forced disappearances and tough criminal defamation and
online security laws that have put many in jail," said Steven Butler, Asia Program
coordinator of the New York-based Committee to Protect Journalists (CPJ).11

6. Violence against women and girls:

Gender-based violence remains a serious challenge in Bangladesh. According to
the Bangladesh National Woman Lawyers Association, more than 240 complaints
of rape were reported in the media between January and May, 2021. According to
human rights organizations (BNWLA), while reported rape incidents have increased
in recent years, the conviction rate is extremely low, owing to a lack of timely and
effective investigations. Many women and girls were reluctant to report rape to the
authorities. Survivors of rape were required to prove that force was used against
them, including having to undergo a physical examination.
Reports indicated a rise in the number of incidents of sexual harassment and
violence against women compared to previous years. According to Ain o Salish
Kendra, 224 women were murdered by their husbands, alongside other incidences
of violence against women including physical assault by male partners or family
members. Section 155(4) of the Evidence Act 1872 allows defence counsels to
raise questions regarding the character of a woman who files a complaint of sexual
violence. Calls for reforms to the legislation and justice system from rights
activists were not addressed during the year 2021.

7. Women and children trafficking:

Human trafficking is one of the large ongoing illegal global trades. Human
trafficking could be considered as postmodern slave trade. The main domain of
human trafficking is forced labor and sex trafficking. Women, adolescent girls and
children are the primary constituents of sex trafficking. Fifty percent of total
international migrant populations are women according the study of International

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Migration Organization (IMO). Amazingly, only five percent of international
migrants from Bangladesh are women. In a way to facilitate the illegal migration to
overseas, human trafficking reemerged and expanded over the years.
Internationally, women and children from Bangladesh are trafficked to Middle East
via India and Pakistan for commercial sexual exploitation or forced labor.
Rohingyan refugees also are subjected to human trafficking in Bangladesh. Illegal
migration has been happening for many years, but the number of people attempting
this journey is on the rise.
If we investigate demand of the seen and unseen global labor market-There are
demands for bondage labor, rented soldiers, sex workers. Only women and children
are more compatible with these demands. Factually, women and children are easy
and highly desired target of human trafficking.

8. Corruption:
Human rights and corruption have usually been linked to illustrate the negative
effect of corruption on society and individuals. Evidence has shown that all human
rights can be restricted by corrupt practice be the economic, social, cultural, civil
or political rights.
However the impact of corruption on human rights will vary in each case. Often
corruption will lead to human rights violations but will not itself violate a human
right. Corruption in this cases is a factor fueling human rights violation, but it can
only be distantly linked to the infringement upon human rights. However corruption
is directly connected to a violation of human rights when the corrupt act is
deliberately used as a means to violate the right. For example a bribe offered to a
judge to affact the independence and impartiality of that judge, and hence the right
to a fair trial is violated. In other cases corruption directly violates a human right by
preventing individuals from having access to the right.

9. Other Human Rights violation:

There are more example of human rights violation in Bangladesh. Violation of
consumer rights is one of them. It affects on citizens fundamental rights like right

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to have basic necessities of life. Child marriage, child labor, gender discrimination,
dowry and related violence etc are some kind of human rights violation.

Statistics: Human Rights Violations

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Source: Human Rights Violation Monitoring Report on Bangladesh, 2022; Odhikar

Human rights organization based in Bangladesh

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 ❖ Government:-
National Human Rights Commission of Bangladesh
❖ Non – Government:-
Ain o Salish Kendra
Alliance for Bangladesh Worker Safety
Bangladesh Hindu Buddhist Christian Unity Council
Bangladesh Rehabilitation Centre for Trauma Victims
Committee for Civil Liberties and Legal Aid
Odhikar

Role of Law Enforcement Agencies in Protecting Human Rights

Violations

The term "law enforcement agency" refers to the people whose responsibility is to
uphold the rule of law.11 A legally recognized federal, state, or municipal government
institution 23 charged with preventing and detecting illegal conduct is known as a law
enforcement agency.12 Law enforcement agencies prosecute criminals and maintain
public order. In defending human rights in society, law enforcement agencies perform
a crucial role. In this regard, Bangladesh has a number of law enforcement agencies.

The main law enforcement agencies in Bangladesh are- Bangladesh Police, Rapid
Action Battalion (RAB), National Security Intelligence (NSI) etc. Law enforcement
agencies are a crucial part of the justice system. They are in charge of ensuring the
safety and security of all citizens as well as delivering services to them. In accordance
with Article 27 of the Bangladeshi Constitution, all citizens are equal.

Equal protection is one of their essential rights, and they are subject to the law. This
essential duty of protection is the responsibility of the Law Enforcement Agency,
which is in charge of seeing to it.

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