Mob Justice and the Rule of Law

The term "July revolution" has been the most searched term for Bangladesh on the internet in recent months.

Years of political unrest and inequality, repressive rule, deteriorating democracy, widespread corruption, and unbridled authoritarianism in Bangladesh have stoked a growing sense of resentment and frustration, which in turn sparked the July Revolution, the overthrow of the authoritarian government, and a re-march towards freedom, equality, and democracy.  

Bangladesh is currently experiencing an unanticipated judicial revolution following the popular July uprising. Not a well-trained legal mind or a well-organized courtroom, but a completely new justice system, "mob justice" that does not call for proof, due process, or legal representation. 

It is an easy process. Step 1: Charge someone with immoral behavior. Second, organize a mob. Step three: Administration of "justice" It's as simple as 1-2-3 and yields amazing results. No more long-winded inquiries or unnecessary cross-examinations. The crowd is prepared to take action and is aware of who is at fault. Additionally, anyone can work from home as a virtual judge, jury, and executioner using social media.

But the question is, can we justify mob justice in the name of revolution? The fact is, mob justice undermines the true spirit of revolution. 

Movements for human rights and democratic transformation are shown by historical events such as the Arab Spring and the American and French Revolutions. Alignment with international principles, particularly when opposing human rights-violating regimes while maintaining their proportionality, is essential to revolutionary legitimacy. Mob justice, on the other hand, is illegal and is denounced for enforcing human rights violations and undermining the rule of law through capricious, violent acts that lack legal legitimacy.

According to legal theory, mob justice exacerbates lawlessness and is a flagrant violation of human rights, especially the rights to life, liberty, and personal security guaranteed by the Constitution and international human rights treaties to which Bangladesh is a signatory. The right to legal protection is guaranteed by Article 31 of the Constitution, which states that all citizens have the right to only be treated in conformity with the law. A fair trial is further guaranteed under Article 35, which also protects against self-incrimination, double jeopardy, and ex post facto laws. The frequency of mob justice in Bangladesh, however, stands in sharp contrast to these constitutional protections.

Furthermore, the presumption of innocence and the right to a fair trial are expressly protected by the "International Covenant on Civil and Political Rights" and the "Universal Declaration of Human Rights." The state's refusal to stop or punish mob justice can be interpreted as a breach of its duties under these treaties, which mandate that Bangladesh guarantee the rights guaranteed by these international agreements to every person under its control.

Thus, a diversified strategy is needed to combat the emergence of mob justice in Bangladesh. First and foremost, strengthening the judiciary's independence and ability is crucial to ensuring prompt and fair case adjudication. Second, in order to avoid and respond to mob violence more effectively, law enforcement organizations need to undergo reform. Third, through community involvement and public awareness initiatives, a determined effort must be made to inform the public about the perils of mob justice and the significance of following the law. Lastly, the underlying social and economic injustices that fuel the growth of mob justice must be addressed by legislative reforms.

Creating special courts to expedite these cases and enforcing severe punishments will discourage mob justice. To handle these cases, special tribunals ought to be established, which would allow victims to receive prompt justice and improve the effectiveness of the judicial system in these situations. The government may adopt new legislation, such as the "Prevention of Mob Justice Act."

Bangladesh's National Human Rights Commission (NHRC) needs to take the lead in combating mob violence. Section 12 of the 2009 NHRC Act gives the NHRC the authority to look into human rights abuses, including when law enforcement fails to stop mob violence. The Commission may also suggest measures against public servants who violate citizens' rights under Section 18. Sections 1617, however provide no binding authority over the government or law enforcement authorities and are only authorized to make recommendations, which limits NHRC's ability to hold officials accountable and stop mob justice. The government should take immediate actions on this. 

Another useful strategy is to make Alternative Dispute Resolution (ADR) procedures stronger. ADR in CPC 1906, like mediation and village courts, can successfully lower the number of mobs. Putting up community-based mediation centers with qualified mediators can assist in resolving conflicts before they turn violent.

Nonetheless, because mobs weaken the rule of law, resulting in injustices, endangering public safety, and upsetting the sociopolitical order, Bangladesh should keep promoting legal integrity by upholding the rule of law and guaranteeing that the rights of all citizens are safeguarded.

Sent- In by Tanim Jasim

Assistant Professor, Department of Bangla, University of Dhaka

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