Friday | 10 January 2025 | Reg No- 06
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Friday | 10 January 2025 | Epaper
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Bangladesh police must wean itself off colonial legacy

Published : Friday, 10 January, 2025 at 12:00 AM  Count : 164
Barrister Sumaiya Anjum Kashfi; Shafiul Alam Shahin
The Bangladesh Police still operate under the colonial-era Police Act of 1861, a law introduced during British rule in the Indian subcontinent. This Act was created after the 1857 Great Rebellion to maintain colonial control, not to protect citizens' rights.

The Act has preserved a colonial mindset in the police force, treating officers as enforcers of state authority rather than public servants.This approach weakens trust between the police and communities, reducing cooperation. The law enforces a strict, top-down structure, limiting transparency, accountability, and community-based policing, which is essential for public trust in a democracy. It also gives the government excessive power over the police, making the force vulnerable to political misuse.

Under Sheikh Hasina's rule, the police have increasingly acted as tools of political control, often suppressing dissent through arrests, torture, and abuse. During the July Revolution, police actions resulted in hundreds of deaths and thousands of arrests across the country.

Why Reform is Urgent?
For years, civil society and legal experts have called for reform of this antiquated law. The interim government's establishment of a Police Reform Commission offers a rare opportunity to bring about transformative change. Reforming the Police Act is not merely a legislative matter; it is essential for ensuring human rights, fostering public trust, and aligning with international standards.

Bangladesh's global commitments to human rights demand a modern, service-oriented police force. The existing Act's vague language fails to address contemporary challenges such as digital forensics, human trafficking, and organized crime. Furthermore, it lacks clear mechanisms to hold officers accountable for misconduct, leaving room for corruption and abuse.

Current Situation Analysis: The Bangladesh Police continues to function under the colonial-era Police Act of 1861, designed to uphold state authority rather than serve the public. This outdated law enforces a rigid, hierarchical structure that limits transparency, accountability, and community engagement. As a result, the police often struggle to build trust and cooperation with citizens, undermining their role as protectors of public safety.

The Police Reform Commission (PRC), established by the interim government, aims to reshape the force into a pro-people, service-oriented institution. While progress, such as finalizing a new police logo, has been made, significant structural changes are necessary. Public trust remains low due to past abuses and a rigid, hierarchical system. Reforming the Police Act is essential to modernize the force, safeguard human rights, and align with democratic and international policing standards.

Key Recommendations: After the July Revolution, the interim government formed a commission to reform the Bangladesh Police. Here, we present some recommendations to the Police Reform Commission based on experts. Firstly, we need to adapt our Police Act of 1861, as it provides minimal guidance on addressing modern challenges. It lacks provisions for digital forensics, managing electronic evidence, or standardized procedures for tackling crimes such as human trafficking and organized criminal networks. The law's vague and outdated language falls short of meeting contemporary criminal justice standards.

A major shortcoming of the Act is its lack of effective accountability mechanisms to address police misconduct, abuse of power, extrajudicial actions, and corruption, which are persistent issues in Bangladesh. Contemporary police reforms globally emphasize enhancing civilian oversight, strengthening internal accountability, and providing legal recourse for victims of police misconduct-principles entirely absent from the Police Act of 1861. Since Bangladesh has ratified international human rights treaties, including those related to civil liberties, the provisions of the Police Act increasingly contradict these commitments. The Act lacks clear protections against torture, unlawful detention, and discrimination, resulting in frequent human rights violations.

Furthermore, in today's global context of human rights advocacy, a law like the Police Act of 1861, originally designed to support a repressive colonial regime, is undeniably outdated.
We need to reintroduce community policing. If we look at the police system in the United Kingdom, we see that they have multilayered policing structures. They have community officers who regularly engage with local communities and exchange views. They use a victim-centered approach, referring to interviews rather than interrogations. During these interviews, a lawyer must be present. This approach is completely absent in Bangladesh.

There is also a need to review the Bangladesh Police Medal system. Over the last fifteen years, there has been unhealthy competition among police officers to win this award, leading some to fabricate false cases.

Along with it, we need a mental health program for the police to help clear their minds. This program should include regular counseling by experts. A healing circle should be arranged, where police officers and victims can share their experiences with each other. This would be the first step toward establishing restorative justice.

A Call to Action: The time for incremental changes has passed. Modernizing the Police Act of 1861 is not just about drafting a new law; it is about reimagining the role of the police in a democratic society. By prioritizing human rights, fostering accountability, and building community trust, Bangladesh can set a precedent for meaningful reform in South Asia.

The interim government has a historic opportunity to ensure that the police serve the people, not the state. Reforming the colonial-era Police Act is not just an option; it is an obligation.

Barrister Sumaiya Anjum Kashfi, Advocate, Supreme Court of Bangladesh, Executive Director, Nordic Initiative for Sustainable Development (NISD) and ShafiulAlam Shahin,Executive Director, International Institute of Law and Diplomacy (IILD)


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