Mob justice entails the random dispatching of justice by crowds without any legal right as being prompted by some feelings such as rage. Mob Rule, being devoid of political objectives, functions beyond the legal framework, infringes on fundamental rights, including the right to life and a fair trial, and results in criminal charges in all legal jurisdictions. Can we justify mob justice in the name of revolution? This is a pressing issue. The increase in mob justice threatens to undermine the true spirit of revolution, and addressing this issue is crucial to preserving both justice and the integrity of revolutionary ideals.
Revolutionary movements arise in response to systemic injustices, authoritarian rule, or oppressive regimes, often aiming to secure basic rights and freedoms when peaceful reform is unavailable. Such movements can be deemed lawful under international law if they comply with the right to self-determination, Article 1.1 , as outlined in the International Covenant on Civil and Political Rights. Historical examples like the American and French Revolutions and the Arab Spring illustrate movements seeking democratic change and human rights. Revolutionary legitimacy is tied to its alignment with international norms, especially when challenging regimes that violate human rights, while ensuring their proportionality. In contrast, mob justice is unlawful, condemned for violating human rights and undermining the rule of law through arbitrary, violent actions without legal authority.
On the other hand, mob justice is generally condemned in international law as it violates basic human rights, such as the right to life and a fair trial, as outlined in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights . The consequences are mostly murder, assault, or destruction of property and disregard for the rule of law, with actions often deemed anarchical or lawless.
Judges sometimes need to exercise their judicial power in special emergencies or extra-legal matters, and Bangladesh is facing such a situation. Section 141 (unlawful assembly), Section 146 (rioting), and Section 302 (murder) of the Penal Code, 1860, are crucial in this context. These laws must be interpreted stringently to curb mob activities, and courts should order the highest punishment for anyone convicted of acts against public tranquility. Courts can issue public orders condemning extra-judicial killings, specifying appropriate punishments, as seen in Oali Ahad v Bangladesh where even slight connections between prohibited acts and public danger were enough to determine punishment.
The judiciary must also address police corruption and failure, which fuel mob justice, by ensuring swift responses, as seen in the UAE where the president pardoned all 57 Bangladeshis convicted of rioting when they were first arrested and then released after being unjustly convicted. Similarly, Bangladesh’s judiciary must take this approach to restore public confidence. The court must also ensure fair and prompt adjudication of cases, backed by transparency and reasoned judgments, offering legal remedies to victims of extrajudicial killings. Finally, the judiciary must protect the right to protest peacefully, ensuring the government or law enforcement agency does not unfairly interfere, as witnessed many times in our country. Even recently, during the Ashulia garment protests, where one person died in a clash between law enforcement and garment workers and two others received medical treatment, police inaction could lead to mob retaliation against factory owners.
Enhancing police capabilities following our neighbor India, through human rights training and evidence handling, can improve the management of sensitive cases like mob violence. Establishing special courts to fast-track such cases, coupled with strict penalties, will deter mob justice. Special tribunals are established under various laws to address specific types of crimes, ensuring focused and expedited legal proceedings. Similarly, dedicated tribunals should be introduced to handle cases of mob violence, enabling swift justice for victims and enhancing the efficiency of legal processes in such cases. There can be new legislation introduced, for example, the ‘Prevention of Mob Justice Act’ by the government.
Introducing victim and witness protection programs and anonymous reporting systems can safeguard individuals involved in legal proceedings. Our National Human Rights Commission can best do this. The National Human Rights Commission (NHRC) of Bangladesh plays a vital role in addressing mob justice and safeguarding human rights. Under the National Human Rights Commission Act, of 2009, Section 12, the NHRC can investigate human rights violations, including failures of law enforcement in preventing mob violence. Under Section 18 the Commission can also recommend actions against government officials who fail to protect citizens’ rights. However, Section 16-17, its power is limited to making recommendations, with no binding authority over the government or law enforcement agencies, affecting its overall effectiveness in holding officials accountable and preventing mob justice.
Strengthening Alternative Dispute Resolution (ADR) mechanisms ADR in CPC 1906, such as village courts and mediation, can effectively reduce the incidence of mob justice in Bangladesh. Establishing community-based mediation centres with trained mediators can help address disputes before they escalate into violence. The Village Courts Act 2006, Section 6-8, empowers these courts to resolve local disputes, promoting accessibility and community involvement. Additionally, under Section 15 enhancing the capacity of mediators through specialised training can improve their effectiveness in handling sensitive issues.
Thus, in fostering legal integrity, Bangladesh can uphold revolutionary ideals of justice, ensuring that dialogue prevails over violence and that every citizen’s rights are protected and respected.
About the author :
Rabiya Ahsan Era is an LLB graduate student at the Department of Law and Justice, Jahangirnagar University. She is passionate about human rights, business and corporate law, and environmental advocacy. With a passion for legal research, she has experience as a legal intern at Vertex Chambers, Dhaka, and Bangladesh Forum for Legal & Humanitarian Affairs (BFLHA).