Denial of Human Rights through the Implementation of Dark Laws: An analysis from the Legislative perspectiveof Bangladesh
Keywords:
Human Rights violation, State Power abuse, Mixed Methodology, Legal ReformAbstract
Following the independence of Bangladesh, the implementation of multiple repressive laws has significantly compromised basic human rights, freedom of expression and the rule of law. This study specifically analyses how the Cyber Security Ordinance 2025, Special Powers Act 1974, and other contemporary controversial laws are being established by the state, abusing power and exerting control over citizens, despite the government's reliance on these laws to effectively manage crises. The research was originally conducted using a mixed methodology, where data was collected from combined legal-document review, case-law analysis, news coverage, and reports issued by human-rights bodies. Furthermore, practical experience and impact have been evaluated based on interviews with multiple human rights activists and legal experts. The analysis reveals that these laws foster a culture of abuse, arbitrary arrests, and harassment of power, instil fear and self-censorship within the media, civil society, and the public at large and compare with other countries. It is imperative, based on research, to urgently revisit and amend such laws to ensure consistency with international human rights standards. Alongside, effective initiatives must be undertaken to safeguard the independence of the judiciary from executive pressure, enhance transparency in the enforcement of the law and build public awareness of citizens' rights. This study aims to promote a well-structured policy and informative discussion on building a democratic and humane state that actively plays a vital role in protecting justice and human rights.
References
Amnesty International. (2024a, August 8). Bangladesh: Interim government must restore freedom of expression and repeal Cyber Security Act.
Amnesty International. (2024b, August 8). Repackaging repression: The Cyber Security Act and the continuing lawfare against dissent in Bangladesh (ASA 13/8332/2024).
https://www.amnesty.org/en/documents/asa13/8332/2024/en/
Amnesty International. (2025, August 11). Bangladesh: Dismissal of court case against Shahidul Alam is welcome, but more progress needed on freedom of expression.
Aruna Sen v. Bangladesh, 31 DLR (HCD) 198 (1979).
Banglapedia. (n.d.). Rapid Action Battalion. In National encyclopedia of Bangladesh.
https://en.banglapedia.org/index.php?title=Rapid_Action_Battalion
Bangladesh National Women Lawyers Association v. Government of Bangladesh & Others, Writ Petition No. 5916 of 2008 (HCD, May 14, 2009).
BLAST v. Bangladesh, 55 DLR (HCD) 363 (2003).
Government of Bangladesh. (1898). Code of Criminal Procedure, 1898 (Act No. V of 1898, §§ 46, 54, 61, & 167). Ministry of Law, Justice and Parliamentary Affairs.
https://www.bdlaws.minlaw.gov.bd/act-75.html
Government of Bangladesh. (1972). The Constitution of the People's Republic of Bangladesh (Arts. 7, 22, 26, 27, 31, 32, 33, 33(4), 33(5), 34, 35, 36, 37, 39, & 94). Ministry of Law, Justice and Parliamentary Affairs.
https://www.lawcommission.gov.bd/en/constitution-of-bangladesh/
Government of Bangladesh. (1974). The Special Powers Act, 1974. Ministry of Law, Justice and Parliamentary Affairs.
https://bdlaws.minlaw.gov.bd/act-details-474.html
Government of Bangladesh. (2018). Digital Security Act, 2018 (Act No. 46 of 2018, §§ 3, 25, & 29). Ministry of Law, Justice and Parliamentary Affairs.
https://bdlaws.minlaw.gov.bd/act-367/section-24574.html
Government of Bangladesh. (2023). Cyber Security Act, 2023 (Act No. 39 of 2023). Ministry of Law, Justice and Parliamentary Affairs.
http://bdlaws.minlaw.gov.bd/act-13389.html
Halim, M. A. (2021). Constitution, constitutional law and politics: Bangladesh perspective (16th ed.). Beacon Publications.
Huda, M. N. (2004, July 29). Rapid Action Battalion: Rationale and reality. The Daily Star.
Human Rights Watch. (2021, August 30). “Where no sun can enter”: A decade of enforced disappearances in Bangladesh.
Human Rights Watch. (2024). World Report 2024: Bangladesh.
https://www.hrw.org/world-report/2024/country-chapters/bangladesh
Islam, M. T. (2024, December 16). The men in black: RAB’s 20-yr journey from extrajudicial killings to enforced disappearances. The Business Standard.
Khanam, T. (2022). Judicial control of administrative action towards administrative justice in Bangladesh. Beijing Law Review.
https://doi.org/10.4236/blr.2022.131006
Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803).
Office of the United Nations High Commissioner for Human Rights. (n.d.). International standards: Independence of judges and lawyers. United Nations.
Office of the United Nations High Commissioner for Human Rights. (2022, June). Technical note to the Government of Bangladesh on the review of the Digital Security Act.
R v. Halliday, [1917] AC 260 (HL).
Reporters Without Borders. (2024, May 3). Alarming surge of press freedom violations in Bangladesh.
https://rsf.org/en/alarming-surge-press-freedom-violations-bangladesh
Secretary, Ministry of Finance v. Masdar Hossain, 52 DLR (AD) 82 (1999).
Shams, A. (2024). Dissent under siege: Case studies of repression in the digital era of Bangladesh. Advances in Journalism and Communication.
https://doi.org/10.4236/ajc.2024.121011
The Daily Star. (2024, May 6). Bangladesh judiciary must act independently to prevent misuse of cyber laws. The Daily Star.
United Nations. (1948). Universal Declaration of Human Rights.
https://www.un.org/en/about-us/universal-declaration-of-human-rights
United Nations. (1966). International Covenant on Civil and Political Rights.
United Nations. (1989). Convention on the Rights of the Child.
https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-rights-child
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