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Bangladesh: Ruling on extra-judicial punishments by beating and lashing in Shalish

Submitted by wluml on Mon, 08/24/2009 - 23:00
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WLUML Networkers
The High Court today issued a Rule Nisi today on the Government and the Inspector General of Police as follows:
To show cause why their failure to act in a timely manner and to comply with their legal and constitutional duties to take effective measures to prevent the imposition and execution of extra-legal penalties including by way of framing and adopting and disseminating appropriate guidelines, directions or orders to all concerned authorities to report any information regarding the occurrence or likely occurrence of such incidents should not be declared to be without lawful authority and of no legal effect and /or violative of fundamental rights as guaranteed under Articles 27, 31, 32, 35(5) and 43 of the Constitution, and as to why the Respondents should not be directed to frame and adopt such guidelines, directions or orders as appropriate and to disseminate them through Bangladesh Television and Bangladesh Betar”
The Court also issued an interim order upon the Government and the law enforcing agencies and all Union Parishads and Paurashavas to take immediate measures to investigate promptly any report received of the issuance and imposition of an extra-judicial penalty such as beating or lashing by any person or body, including a Member of Chairman of any Union Parishad or Paurashava, and to take appropriate measures against any person found responsible, also to provide security and protection to any victim.

The High Court also directed the Ministry of Local Government to inform all Union Parishads and Paurashavas of this order.

A Division Bench comprising Justice Mahmud Hossain and Justice Quamrul Islam Siddique issued the Rule and order.The writ petition was filed jointly by the Bangladesh Legal Aid and Services Trust (BLAST), Bangladesh Mahila Parishad, Ain o Salish Kendra(ASK), BRAC and Nijera Kori.

Source: WLUML networkers

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BACKGROUND: The Rule was issued in a public interest writ petition filed by five human rights, women’s rights and development organisations, in the context of a series of reports of women and men being subjected to extra-judicial punishments including whipping and caning during the course of rural ‘shalish’, often in the presence of or with the active participation of Members or Chairmen of Union Parishads.

The petition described incidents in June where a woman and man were lashed 101 times on orders of village elders in Nobigonj, Habiganj in a ‘shalish’ held in the presence of a Chairman; a woman in Srimongol being lashed 101 times for speaking to a man from a different community; a woman in Sirajgonj being caned 100 times and fined for daring to file a complaint of rape with the court; a woman being whipped in public in August after refusing a relative’s sexual advances.

The petitioners challenged the failure of the Government to prevent the imposition of such extra-judicial penalties, or to provide information to the public that such penalties are wholly without lawful authority and unconstitutional and in violation of fundamental rights to life, liberty and equality and non-discrimination, as well as the right to be treated in accordance with law and to be free from cruel and degrading or inhuman treatment or punishment. They sought urgent preventive measures as well as information to be issued to the public and to concerned bodies regarding their duties to prevent such incidents.

For further information, please contact:

Ayesha Khanam (President, Mohila Porishod) 01717 363647
Sultana Kamal (ASK) 01714025180
Dr. Faustina Pereira (BRAC) 01715 007470
Khushi Kabir (Coordinator, Nijera Kori) 01711565152