Special Powers Act, 1974
| The Special Powers Act, 1974 | |
|---|---|
 | |
| Constitution of Bangladesh | |
| |
| Citation | Act No. XIV of 1974 |
| Passed by | Jatiya Sangsad |
| Passed | 9 February 1974 |
| Legislative history | |
| Bill citation | The Special Powers Act, 1974 (ACT NO. XIV OF 1974) |
| First reading | 29 January 1974 |
| Second reading | 6 February 1974 |
| Third reading | 9 February 1974 |
| Status: In force | |
Special Powers Act, 1974 is a law of Bangladesh. The law allows the government of Bangladesh to detain people indefinitely without charging them with anything.
History
[edit]The law was passed in 1974 to replace the repealed Security Act of Pakistan,1952, the Public Safety Ordinance of 1958 and the Bangladesh Collaborators (Special Tribunals) Order, 1972.[1] The law targets smuggling, hoarding, and damaging actions.[1] The law allows the government to detain on preventive ground.[1] Awami League dominated Bangladesh Parliament passed the law on 9 February 1974.[2] The Awami League was criticised for passing the law.[3] The law was opposed by Ataur Rahman Khan and Abdus Sattar.[2] Individuals can be up to six months without being charged and indefinitely if endorsed by the advisory board.[2] Bangladesh Nationalist Party maintained it when they came to power despite promising to remove it in their election manifesto.[2][4] Sheikh Hasina called for its removal but after becoming Prime Minister called it useful.[2]
In 1990, section 16(2) of the act was repealed through an amendment but police were filing cases under the section into 2018.[5] Bangladesh High Court ordered police to stop using the section since it was removed through an act of parliament.[6]
In December 2020, Bangladesh Police charged four under the act for vandalizing a statue of Sheikh Mujibur Rahman.[7] In 2022, the government was asked to use the act to take action against food hoarding by traders.[8]
Criticism
[edit]In 2022, Bangladesh Jamaat-e-Islami has called for the law to be repealed along with Anti-Terrorism Act, 2009 and Digital Security Act, 2018.[9] Bangladesh Nationalist Party has also called for the removal of the law.[4][10] An editorial in The Daily Star described the law as "draconian" used by governments to harass their political opponents.[11] Human Rights Watch has urged the government to repeal the law citing human right concerns.[12]
References
[edit]- ^ a b c "Special Powers Act, 1974". Banglapedia. Retrieved 2022-12-13.
- ^ a b c d e Bhuiyan, Md. Jahid Hossain. "Preventive detention law in Bangladesh: A review". The Daily Star. Retrieved 2022-12-13.
- ^ Majumdar, Badiul Alam (2018-10-01). "All that glitters is not gold". The Daily Star. Retrieved 2022-12-13.
- ^ a b "Will BNP's quitting JS help it?". The Business Standard. 2022-12-12. Retrieved 2022-12-13.
- ^ Sarkar, Ashutosh (2018-07-24). "Section 16(2) Of Special Powers Act: Scrapped yet used for arrest". The Daily Star. Retrieved 2022-12-13.
- ^ "No cases or arrests under Sec 16: HC". Daily Sun. Retrieved 2022-12-13.
- ^ "Case filed under Special Powers Act, 4 arrested over Mujib sculpture vandalising". New Age. Retrieved 2022-12-13.
- ^ "Experts for strict application of Spl Power Act - Front Page". The Daily Observer. Retrieved 2022-12-13.
- ^ "CTTC arrests Jamaat Ameer Shafiqur Rahman". The Business Standard. 2022-12-13. Retrieved 2022-12-13.
- ^ "Bangladesh's Opposition Demands Government's Resignation at Massive Dhaka Rally". The Diplomat. Retrieved 2022-12-13.
- ^ Mazhar, Farhad; Elan, Abu Saleh Mohammad. "Who's Security?". The Daily Star. Retrieved 2022-12-13.
- ^ "Letter to PM Sheikh Hasina with Recommendations to Improve Human Rights in Bangladesh". Human Rights Watch. 2009-01-29. Retrieved 2022-12-13.