Editorial
HC order against extra-judicial punishment
Law enforces and community at large need to be mobilised to stop the evil practice
THE High Court (HC) verdict declaring the practice of meting out extra-judicial punishment to people, especially women, through local level arbitration or salish, often in exercise of the so-called fatwa, an illegal and punishable offence under law is a welcome piece of news. We appreciate the highest court's bold directive in this regard.
Clearly, the HC ruling has nothing to do with the religious significance of fatwa as issued by qualified leaders and scholars on religious matters. On the contrary, the HC verdict in question has emphasised that no one has the authority to hold trial, pronounce sentence and execute that sentence in the name of local salish or the so-called fatwa, which sometimes deal with physical punishment and social humiliation of citizens, especially women.
We feel that HC's having pulled its weight behind the matter, it will go a long way in applying a brake on the unlawful practice of punishing members of vulnerable segments of society, including, women by local powerful quarters and vested groups in the name of local arbitration. In particular, such groups used their extra-judicial activities in the name of fatwa to punish women engaged in professional work outside home, or those who are conscious and vocal about their rights as well as those who want to enhance their status in society.
It has also been observed that impostors and vested groups try to play on people's religious sentiment to misinterpret religion and carry out their illegal and nefarious designs. As reported by the leader of a legal aid body, 10 to 12 incidents of extra-judicial punishment took place in the country last year. Till date, some six instances of awarding unlawful punishment through local groups have been reported this year, in one of which a person was caned at Banchharampur in Brahmanbaria.
These incidents are happening in violation of the constitutionally provided human and legal rights of the citizens. Here the HC, as it has done on many other occasions, has invoked the constitutional provisions in this respect and provided the necessary legal instrument to strengthen the hands of the law enforcers. This will help them implement the law to root out the evil practice of extra-judicial punishment.
But the existence of a law in itself is no guarantee to stop the evil practice of extra-judicial punishment in society. That depends on the sincerity of the enforcers of law to act promptly as soon any information is received or complaint lodged at their end to this effect. At the same time, the local population has to be made aware of the HC order so that they may not tolerate this kind of impromptu justice delivered through salish or fatwa, but bring those immediately to the notice of the law enforcing agencies or to that of the court. The media, the civil rights groups, the legal aid groups and NGOs need to play an energetic role to enhance people's level of awareness about the unlawful nature of the extra-judicial justice and punishment and the HC's verdict on the matter.
The government, too, should use its publicity organs and mobilise its administrative network to convey the message to the mass people.
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