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.
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