the Constitution been brought to bear upon these powers of police. In such a long-standing practice of unfettered power, these two judgements laid down very exacting details regarding what police can and must do in effecting arrest and asking for remand.”23 Decisions on Arbitrary Arrest, Detention and Torture of Women and Children Women and children - their position in the class hierarchy coupled with their economic condition categorizes them as one of the most vulnerable sections of society. Women fall victim to torture in different ways. Women are manifestly subjected to discrimination and exploitation of various forms. Prevailing discriminatory practices and cultural attitudes perpetuate gender based violence against women. It is now recognised that the gender specific violence falls within the definition of torture. Custodial rape and death has been a serious problem that has been brought to people’s attention by the media. The stigma attached to rape and other forms of sexual harassment inhibits many women from making complaints against the police. Children in custody are also sometimes subjected to various forms of institutional violence.24 Section 6 of the Children Act, 1974 provides that no child shall be charged with, or tried for any 23 Shahdeen Malik, ‘Arrest and Remand: Judicial Interpretation and Police Practice’, Special Issue, Bangladesh Journal of Law, 2007, p. 289. 24 Our Children in Jail, Violence against children: the scenario in Bangladesh, A Report of Odhikar, 2001. 44

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