The Thin Line between Security and Oppression: The Human Rights Implications of Preventive Detention from Bangladesh Perspective.”

Abstract

Preventive detention is a legal measure that allows the government to detain individuals without trial or formal charges for the purpose of preventing potential threats to national security, public order, or the maintenance of essential services. In Bangladesh, preventive detention is governed by the Special Powers Act, 1974, and the Constitution of 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 commonly used tool in cases of violations of Human Rights. 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 of 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. The study aims to show how rights are violated through preventive detention and how the legal authorities are abusing their powers. In my research, I want to highlight the definition and scope of preventive detention, its historical development, its nature, and our constitutional safeguards for it. I will also highlight why preventive detention is a necessary evil for our country. I will cite the leading cases relating to preventive detention in Bangladesh while emphasizing the recommendations given by the Supreme Court. And lastly, I will also give my recommendation on how we can put chains on this blackest of the black laws