Mohammad Rashed Alam Bhuiyan :

THE term ‘mob justice’ has recently been widely discussed. It refers to a situation when a chaotic mob ignores the law or the judicial system, uses force and takes the law into its own hands to try the accused. It refers to the punishment of a person by an angry or chaotic mob without the intervention of the legal system or the law enforcement agencies. The recent trend of angry local groups or chaotic crowds harassing crime suspects, raiding houses, beating them to death or snatching people from the police custody taking the law into their own hands has increased significantly. This can often include beating, torture or even murder.

The incidents are referred to as ‘mob justice’ on social and mainstream media. The tendency of citizens to bend the law to their will sometimes has deadly consequences. ‘Don’t take the law into your own hands’ is a common phrase used to discourage mob violence. But recently, unruly mobs have ignored this instruction and taken the law into their own hands. Incidents of burning houses by mobs injuring, insulting, defaming, vandalising and beating to death are all happening in the name of mob justice.

There are several reasons mob violence takes place. The absence of the rule of law, lax laws, social anxiety and dissatisfaction with the justice system, immediate emotional reaction, desire for revenge and a general distrust of justice all contribute to the increase in mob violence. It also happens when people believe that the police are incompetent, lazy and corrupt, get away with taking bribes from the powerful and the rich, or the legal system takes too long to deliver justice. Thus, when people are constantly disappointed about injustice and the lack of justice, the context for mob violence to occur is set. But this trend makes the situation bad because it is mostly based on rumours and false information. As a result, a large number of innocent people are affected and social discontent increases.

It has now become a serious social crime in Bangladesh. According to the Human Rights Support Society database, 10 people were killed in 17 incidents of lynching in February. Ain O Salish Kendra says that 16 people were killed by mobs in January. Ain O Salish Kendra claims that at least 128 people were killed in such incidents in 2024, of which 96 died in August–December. The statistics show not only how serious the issue is but also how much public morality has failed.

Analysing the recent incidents in urban areas, especially in the Dhaka city, we find indications of serious cracks in law and order and the law enforcement structure in the city. However, the underlying reasons for this are numerous. A major reason for this problem is the fragile state and inefficiency of the law enforcement agencies. After the fall of the authoritarian regime and associated political changes after August 5m 2024, the lack of credibility of the police, a somewhat easy availability of illegal weapons, unemployment and poverty have contributed to the increase in crime rates which have made people anxious. When disgruntled people fear for the safety of their life and property and are constantly subjected to robbery and violent street crimes, the ultimate expression of anger takes the form of mob violence if such crime suspects are captured.

In every society or civilisation, mob violence is socially unacceptable whatever its form or purpose is. The interim government has repeatedly made it clear through statements and speeches that moral policing and mob violence have no place. Syeda Rizwana Hasan, the environment adviser to the interim government, has recently opposed ‘mob justice’ at a press conference at the Foreign Service Academy in Dhaka on March 4.

It is an old tradition that Bangladeshis have tended to take the law into their own hands or to have suspects flogged by local mobs. But in those cases, suspected robbers and criminals were beaten up in large numbers. However, this time, there have been incidents of attacks and forced resignations of principals of educational institutions, vice-chancellors of universities and leaders or executives of other institutions as well as attacks on defendants in courtrooms and, in some cases, serious injuries and stabbing. Some vested interests are, meanwhile, trying to use people’s trial as a tool to destabilise the country and disrupt the regular functioning of the interim government.

Various vested interests have used the people against each other or in their interests. Such attacks on individuals or groups, provoking unrest and instability or achieving specific political gains through inciting such violent practices, are a crime. It threatens to tear the fundamental thread that creates peace, harmony and unity by creating social unrest. When dominance, force and the use of muscle power are deeply rooted in a community, tolerance and reason are often neglected. Anarchy and instability take root in society when people try to enforce the law themselves.

As mob violence violates the fundamental rights to life, liberty and security guaranteed by the constitution as well as social order, legal framework, international norms and standards, it is undoubtedly a serious threat to the rule of law and human rights. The right to legal protection and the right to a fair trial are guaranteed under Article 31 and 35 of the constitution, but mob violence continues unchecked. Bangladesh upholds the presumption of innocence until proven guilty and the right to a fair trial of its citizens under the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.

Mob violence is in direct conflict with these legal instruments. Furthermore, mob violence is contrary to national laws, including the Special Powers Act, the Code of Criminal Procedure, the Penal Code and the Metropolitan Ordinance. For example, the Penal Code primarily uses the term ‘mob justice’, which includes provisions on unlawful assembly (Section 141), riot (Section 146) and causing harm. This code can be used when a group of people come together to commit violent crimes against one or more people.

Given an increasing number of incidents of mob violence, lynching and harassment, immediate action is needed. The situation of human rights, justice and law and order are all mocked by a mob rule. This wave of mob violence needs to be stopped. Therefore, the state and society must take initiatives to create a sense of reason, social tolerance and adherence to the law for the overall well-being of society. This phenomenon should be investigated and stopped by the government, the law enforcement agencies and representatives of the larger society. A strong and independent court needs to be established to stop mob violence.

The trend of mob violence needs to be curbed through a multi-pronged strategy. First, concerted efforts need to be made to increase the number of personnel and capacity of the police to respond effectively to robbery and mugging. The scope of the problem can be narrowed when law enforcement authorities are fully mobilised and take full responsibility. Community policing, rapid response teams and increased surveillance are all part of this.

Social literacy and awareness effort about legal consequences of mob violence are also crucial. It is important for individuals, conscious society and non-governmental organisations to speak out against mob violence and to make citizens aware of their rights. Those who commit violence must face legal accountability. The law defines mob violence and trial as criminal offences and those who do this are legally recognised as criminals.

Secondly, it is crucial to stop criminal activities to avoid situations that create public anger. Reforms in the ongoing judicial process are the need of the hour. To ensure speedy justice, the legal system needs to handle cases more effectively. As part of a long-term plan, it is important to address the underlying causes of crime and restore public confidence in the law and law enforcement. To fight corruption, the government needs to strengthen law enforcement agencies and take strict measures.

Socioeconomic problems such as unemployment, drug addiction and juvenile gangs need to be handled through strong government initiatives. Such situations that fuel crime and reduce youth despair need to be eradicated. It is also imperative to immediately stop the deadly wave of lynching.

Mohammad Rashed Alam Bhuiyan is an assistant professor of political science in the University of Dhaka