Revising Police Laws for a ‘New’ Police Force

by Fayazuddin Ahmad

To keep democracy moving and to protect human rights, Bangladesh needs to establish the rule of law. The success of the rule of law, the very foundation of a sound democratic system depends on the effective and modern law enforcing agency equipped with up-to-date technicalities and facilities of a country and how far they are inclined to show respect and patronize the rule of law and human rights at large.

Bangladesh is obliged to uphold the Universal Declaration on Human Rights 1948, the International Covenant on Civil & Political Rights 1966,? and the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment 1984. In addition, Standard Minimum Rules for the Treatment of Prisoners 1955, Body of Principles for the Protection of All Persons under Any form of Detention or Imprisonment 1988, Code of Conduct for Law Enforcement Officials 1979, and UN Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules).

In ‘Section 54 Guidelines Case’, the High Court recommended a set of directives as per the State’s international obligations in exercising power under section 54 and 167 of the Criminal Procedure Code, 1898 and section 33 of the Special Powers Act 1974. In Saifuzzaman vs. State [56 DLR (HCD) (2004) 324] addressing Article 33 (i.e., safeguards as to arrest and detention) and Article 35(5) (i.e., subjected to torture or cruel, inhuman, or degrading punishment or treatment), more guidelines have been issued regarding the police behaviour.

Transparency International Bangladesh identified one of the recognized reasons against the police for violating human rights is that they are used for political interest by the government. In the last two decades or more during which ‘democratically’ elected governments are in power, it is seen how blatantly the government use the police as its party cadre to oppress the opposition. Enactment of some politically motivated laws, namely: the Special Powers Act, Section 54 of the Code of Criminal Procedure – the government provided an opportunity for the police to misuse these laws for personal interest, added Transparency International Bangladesh.

Laws related to police in Bangladesh are centred around the Police Act 1861, Police Regulations of Bengal 1943, and respective Metropolitan Police Acts. The Rapid Action Battalions, the elite force was created through the Armed Police Battalions (Amendment) Act 2003. In addition, Cheetah and Cobra were formed as special units of the detective branch. There are also Industrial police, Highway police, CID, SB, Railway Range, the Special Women Police Contingent et al.

The legal structure of the Bangladesh Police is centralized under the Police Act 1861, where the entire Bangladesh Police structure is placed under an Inspector General of Police (IGP). Apart from this, according to the administrative structure, the offices are identified as Range, District, Circle, and Thana. However, the IGP is responsible for the overall control and functioning of the police force, and the subordinate units are similarly bound to implement his directives.

Conversely, the Police Regulations of Bengal have provided legal instructions regarding various powers, responsibilities, and punishments of various police units and rank-wise police officers under the IGP. However, an examination of Bangladesh's different metropolitan legislation reveals that the creation of the metropolitan has somewhat dispersed the country's centralized police force.

Following the Police Act 1861, even in these laws, the Police Commissioner has been made the focal point of exercising the power of the metropolitan area. Additional Commissioners, Deputy Commissioners of Police, Additional Deputy Commissioners of Police, Assistant Commissioners, and all the subordinate policemen under the Commissioner are practically engaged in implementing the objectives set by the Commissioner of Police.

According to the Police Act 1861, the responsibilities of the subordinate institutions of Bangladesh Police IGP have not been distributed. Later, according to the Police Regulations of Bengal, various ranks under the IGP and the responsibilities and powers of the police officers of those ranks were distributed. Alternatively, according to the various metropolitan laws of Bangladesh, duties, and powers have been distributed, starting from the police commissioner to his subordinate police officers.

The laws of Bangladesh Police have bound the jurisdiction within a specific limit, i.e., limited the power of the police. There is no overlapping jurisdiction for anyone other than the IGP alone. That is, respective agencies are responsible for incidents within their respective jurisdictions, and police officers or police units are empowered to exercise their powers within those limits.

Police Regulation of Bengal 1943 was last reformed during the British period. It became a PRB of Bangladesh after the independence of Bangladesh in 1971 through a bitter war. When it was reformed in 1943, it was prepared to keep in mind the time's social, economic, and state context. However, the last 81 years have seen many changes in the global social, economic, and political structure.

The 1943 Regulation stipulates 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 while they are either investigating or detaining people. It defined the positions entrusted with fulfilling the responsibilities mentioned above by dividing the force into administrative (district/sub-district/circle/police station) areas. In Chapter II it chalked out the force’s relationship with other departments.

Under 13a The Commissioner as the local head of the administration, shall exercise supervision and control over the action of the District Magistrate in police matters. Any order received from the Commissioner either directly or through the District Magistrate shall be promptly executed by the Superintendent, who shall, however, report it through the Deputy Inspector-General of the Range to the Inspector-general if it is unusual. (13b) The Deputy Inspector-General of a Range shall keep in close touch with Commissioners and District Magistrates regarding the maintenance of peace and the prevention and detection of crime in their respective charges and shall do all in his power to establish harmonious cooperation between the police and the magistracy. (14a)

Chapter III describes the Powers and Duties. The Inspector General is authorised to issue, without reference to the government, standing or general orders either on matters of routine or to simplify or explain previous orders, but shall issue no standing order that deals with a point of law until it has been approved. The Deputy Inspector General of a Range is responsible for maintaining the strictest discipline and the highest possible standard of by efficiency in the police force under him. A Superintendent shall without delay or demur carry out any instructions given to him by the Deputy Inspector-General of the Range. He shall keep in constant touch with his officers. He shall be accessible to them and encourage those who are called by duty to headquarters to report in person on the state of their charges and to discuss their difficulties with him. The law also covered Case Diaries, Touring, Supervision of Cases, Inspection, Confidential Reports, Privileges et al.

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 under 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).

Dhaka Metropolitan Police started its journey in 1976 as Bangladesh's first Metropolitan Police. This policing system established through the Dhaka Metropolitan Police Ordinance in 1976 includes all clauses incompatible with the modern policing system. On the other hand, most of the Metropolitan Police Acts that followed the Dhaka Metropolitan Police have been made following the Dhaka Metropolitan Police Ordinance. For this reason, the important things left out in the Dhaka Metropolitan Police of 1976, are left out in the Barisal Metropolitan Police Act 2009, or the Sylhet Metropolitan Police made 35 years later.

It is necessary to redefine the duties and responsibilities of the Police as per the Police Regulations of Bengal. Bangladesh Police Acts need to be reformed to accommodate modern services. Current law in Bangladesh requires the attendance of candidates in all cases, with a few exceptions. However, in the modern policing system, most policing services have been taken online. The use of technology has brought police services into the hands of the people. Therefore, the existing Bangladesh Police Law needs to be reformed to ensure technological inclusion.

Arguably one of the most significant reform initiatives of the Caretaker Government (2006-2008) was the drafting of the Police Ordinance 2007 to replace the (still) existing 1861 Police Act. This initiative came out of the long-felt need to replace the 150-odd-year-old police legislation that was intended for a subject population. The outdated Act failed to recognise the policing needs of a modern democratic society as well as reflect the realities of the day. New legislations are intended to transform them from a law-enforcing force to a service that upholds the law.?

Bangladesh's existing policing laws must be reformed to introduce polycentric security governance to achieve the SDGs. If the polycentric system is introduced without creating a legal basis and obligation, the question of its jurisdiction will arise and create various problems in its implementation in a country like Bangladesh. For this reason, existing legal challenges of the Bangladesh Police should be overcome to achieve SDGs, and the existing law, administrative structure, distribution and arrangement of powers, and area of accountability of the current police should be expanded more.

It is time to move towards democratic policing in Bangladesh. It is much more than only ‘maintaining law and order’. It is about establishing and nurturing a healthy relationship with the common citizens, based on mutual respect, and understanding. But unless there is a cultural shift, a shift in mindset, this will not happen. The emphasis should be on providing a service to uphold the law.

It will be critical that the police accept self-improvement ensuring affirmative response to citizen’s complaints, support victims, and taking strong measures against organised crimes. For this, it would be important to enhance the transparency in the process, develop human resources, and reduce the burden by introducing digital means and additional personnel.

At the same time to increase professionalism, and increase focus on performance with the transformed vision of serving the citizens – it will be necessary to deploy specialised and qualified personnel in the management of the police force. Laws need to be changed to solicit the voluntary participation of the citizens. And to enable police to act proactively to usher in a culture of the rule of law it is high time to introduce the manifold accountability measures and independence from the District Magistrate’s oversight at the district level.

To bring the police force in line with the present-day needs is a great challenge. We require a vibrant civil society, NGOs, and donor agencies to create pressure upon the government to initiate strategic reforms. Moreover, with institutional changes in respect for human rights, the rule of law and good governance should also be the safeguards for human rights in the domestic regime. Then the police force can be made accountable and friendly to the common people.

(The Author is an Advocate, Socio-Legal Researcher, and Development Professional)

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