Legal constraints give law enforcement free reign

The National Human Rights Commission (NHRC) Chairman Kazi Reazul Hoque’s statement that the commission is powerless to take action against human rights violations is an understatement. In a courtesy call on the finance minister at his secretariat office, the chairman of the human rights body mentioned yesterday that due to legal restrictions, the NHRC was not empowered to directly investigate instances of human rights abuses by members of law enforcement agencies.

To put the matter in perspective, let us just remember a few recent instances. We remember the video that went viral on social media last year where a cop was seen brandishing his gun and threatening to kill a man because of a minor altercation regarding traffic matters on the road. Through January to November 2016, there have been allegations of 111 ‘crossfires’ before arrest and 32 in custody according to Ain o Salish Kendra. Similarly, the number of allegations of extra judicial killing, enforced disappearances, and torture in custody has been truly horrific. On top of that, role of law enforcement agencies have been worrying in cases of the communal attacks on minorities. And, for most of these cases, we have seen no further follow up or investigation.

Who do we turn to when the protectors of law are party to human rights violations? Our constitution guarantees that it is the state’s obligation to protect each and every citizen. Even in cases of criminals, due process, including proper trials, is guaranteed. However, it seems law enforcement agencies have enjoyed an almost free reign when it comes to getting away with all sorts of violations.

It is surprising that even though the NHRC can investigate public servants, the law enforcement agencies have been kept out of its jurisdiction. Any well functioning democracy depends on a check and a balance of power. The NHRC, ideally, should be one of those balances. But, another point made by the chairman of the body worries us further. The NHRC has only 48 employees. The figure, considering that Bangladesh has a population of 16 crore, gives the word understaffed a whole new meaning.

It has been reported that the NHRC has sent a proposal to the law ministry for increasing its manpower and plans to recommend for the amendment of the law to increase the scope of its power. The need for a watchdog to check the activities of the police is immense.

It remains to be seen what the recommendations from the NHRC come to. The general people already do not see the police as the protector of their rights. Let us not forget, besides the obvious violations of human rights, it is also the public trust in the state that is at stake here.