Analysis of Decisions of the Higher Judiciary on Arrest and Detention in Bangladesh
the corporal punishment on the mental and physical state
and stature of the Child.31 The Court observed that laws
which allow corporal punishment, including whipping under
the Penal Code, Code of Criminal Procedure, Railways Act,
Cantonment Pure Food Act, Whipping Act, Suppression of
Immoral Traffic Act, Children Rules, 1976 and any other law
which provides for whipping or caning of children and any
other persons, should be repealed immediately by
appropriate legislation as being cruel and degrading
punishment contrary to the fundamental rights guaranteed
by the Constitution.
Suggestions for Legal Reform
- In order to ensure transparency and accountability of
actions of the police authorities, it is imperative that
the directives of the Supreme Court in BLAST vs.
Bangladesh and Saifuzzaman vs. State should be
implemented as soon as possible.
- Legislative reform should be initiated in line with the
recommendations and guidelines of these judgements.
- Bangladesh should implement obligations under the
Convention against Torture through adopting
necessary legislative and administrative measures and
institutional reform.
31
Writ petition number of 5684 of 2010.
49