PREVENTIVE DETENTION AND VIOLATION OF HUMAN RIGHTS IN BANGLADESH

Bangladesh is one of the few countries in the world that allows preventive detention, even during non-emergency periods. Since independence, preventive detention has been the most used tool in cases of human rights violations. Irrespective of any form of government that has been in power in Bangladesh, this has been used as a means of political exploitation. Each of them has failed miserably to stop the endemic problem regarding preventive detention. However, this is against the spirit of our constitution, democracy, and the rule of law Despite various legal safeguards against preventive detention, the practice of malicious preventive detention is rampant in Bangladesh. This study shows how rights are violated through preventive detention and how the legal authorities are abusing their powers. This research highlights the definition and scope of preventive detention, its historical development, its nature, and our constitutional safeguards for it. Besides, it also highlighted why preventive detention is a necessary evil for countries like Bangladesh. Further, this investigation enlisted the leading cases relating to preventive detention in Bangladesh while emphasizing the recommendations given by the Supreme Court. And lastly, given some recommendations on how we can put chains on this blackest of the black laws.

Publication Details

Journal
Figshare
Published
2025-01-01
DOI
https://doi.org/10.6084/m9.figshare.29651288.v1
Primary Topic
Bangladesh Politics, Society, and Development
Type
article
Field-Weighted Citation Impact
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PREVENTIVE DETENTION AND VIOLATION OF HUMAN RIGHTS IN BANGLADESH

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Bangladesh Politics, Society, and Development
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PREVENTIVE DETENTION AND VIOLATION OF HUMAN RIGHTS IN BANGLADESH

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Abstract

Bangladesh is one of the few countries in the world that allows preventive detention, even during non-emergency periods. Since independence, preventive detention has been the most used tool in cases of human rights violations. Irrespective of any form of government that has been in power in Bangladesh, this has been used as a means of political exploitation. Each of them has failed miserably to stop the endemic problem regarding preventive detention. However, this is against the spirit of our constitution, democracy, and the rule of law Despite various legal safeguards against preventive detention, the practice of malicious preventive detention is rampant in Bangladesh. This study shows how rights are violated through preventive detention and how the legal authorities are abusing their powers. This research highlights the definition and scope of preventive detention, its historical development, its nature, and our constitutional safeguards for it. Besides, it also highlighted why preventive detention is a necessary evil for countries like Bangladesh. Further, this investigation enlisted the leading cases relating to preventive detention in Bangladesh while emphasizing the recommendations given by the Supreme Court. And lastly, given some recommendations on how we can put chains on this blackest of the black laws.

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Peace, Justice and strong institutions
Openalex Percentile: Top 46%
Bangladesh Politics, Society, and Development
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PREVENTIVE DETENTION AND VIOLATION OF HUMAN RIGHTS IN BANGLADESH · Figshare (2025) | TGRS Research Map | TGRS