A viral video has recently captured the attention of social media: a young woman, voice trembling with emotion, stands at a police station, demanding a public confession from a man accused of sexual harassment. Her plea? To have him face a mob’s wrath for just ten minutes. The scene, raw and intense, raises unsettling questions: Is this a cry for justice, or a dangerous step toward vigilante retribution?
Undoubtedly, this act of “mob justice” is not only illegal but also violates numerous fundamental rights of the accused, guaranteed by both the constitution and international law. Ironically, after the video went viral, the girl herself became the target of a social media mob. She was trolled, slut-shamed and subjected to character assassination, facing a media trial for her unlawful demand and her behavior with military personnel. It is important to note that when an individual accused of a crime is beaten by a crowd or group of people, it is referred to as mob justice. Such was the case with Tofazzal, who was accused of theft, brutally beaten, and subsequently died from his injuries. When such incidents occur entirely on social media, with widespread public condemnation, it transforms into a form of ‘mob media trial,’ where social media platforms essentially take on the role of a courtroom. Both instances—mob justice and mob-driven media trials—are equally unacceptable, violating fundamental human rights. While both taking the law into one’s own hands, mob justices hurts both physically and mentally as well as caused detrimental to life, media trials harm mental health and damage reputations. Article 31 of the Constitution of Bangladesh protects not only life but also reputation, both of which are fundamental rights.
These actions infringe on individuals’ right to a fair trial (Article 35), right to defense (Article 33), protection of law (Article 31) as protected under constitution. In addition, the presumption of innocence until proven guilty is also protected under Article 11 of The Universal Declaration of Human Rights (UDHR) and Article 14 of the International Covenant on Civil and Political Rights (ICCPR) guarantees the right to a fair trial. Collectively, these provisions highlight that justice must be pursued through lawful processes, and not through public condemnation or social media trials, which bypass legal scrutiny. Moreover, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) emphasizes the importance of legal frameworks that protect women from violence and discrimination, particularly in cases of gender-based violence, where mob justice often intensifies injustices against women. For instances, Farokul and his associates harassed several women at Cox’s Bazar beach in front of a crowd, forcing them to perform sit-ups while holding their ears, which was subsequently shared widely on social media.
In the standard criminal justice process of Bangladesh, the trial system begins with a complaint or FIR, followed by an investigation to verify the allegations according to Code of Criminal Procedure (CrPC). The case proceeds to trial only if sufficient evidence supports the claim, where both sides present their evidence and witness statements, ultimately leading to a final verdict by judge. In a mob trial, however, an accusation is made and before any investigation or legal proceedings take place, the accused is judged by the public, often condemned as guilty even if innocent. There is no investigation, no court, no judge, no hearing, no evidence—just a mass public verdict.
According to Constitution of Bangladesh, a person has both the right to free speech (Article 39) and fair trial (Article 35). However, when one’s excessive use of freedom of speech infringes upon another’s right to a fair trial, a violation occurs as it is not unrestricted right. In this era of exposure, it is easy to make false allegations against someone and initiate a public “expose” campaign on social media. However, due to widespread circulation, victims face a dangerous reality: social media platforms become battlegrounds where allegations, whether true or false, can destroy someone’s life without due process. The accused’s right to be heard is completely violated and even attempts to defend can lead to further trolling and harassment. The core principle of a fair trial that a person is innocent until established guilty is completely disregarded. Personal vendettas and public shaming are being used as tools to deliver punishment, denying the accused their right to access justice. The accused are publicly boycotted, hated and subjected to cyber bullying, defamation and mob justice.
In this digital age, the impact of mob media trials on mental health cannot be overstated. The trauma inflicted by online harassment, trolling, and public shaming can be more severe and long-lasting than physical harm. Unlike mob lynching, which causes direct physical harm, mob media trials cause indirect gradual mental anguish, leaving scars that may never heal. The accused, even if later found innocent, often live with the mental trauma of having been unjustly condemned by society, causes him to suffer every day, stunting his personal growth, which is no less than a gradual cessation of life and in extreme cases, even lead to suicide.
To control mob justice , the police officer can take reasonable steps under Section 149 of CrPC to prevent any cognizable offense. Even police are authorized to arrest individuals without a warrant as per Section 54 of the Code of Criminal Procedure (CrPC), addressing extra-judicial killings by mobs. The Contempt of Court Act 2013 prevents the publication of any material that could prejudice ongoing legal cases. Moreover, Cyber Security Act 2023 covers defamation (Section 29), the spread of false information (Section 25), and inciting violence or hatred through digital platforms (Section 28). These provisions, along with Section 499 of the Penal Code of 1860, which addresses defamation, allow the government to take legal action against individuals who use social media to harm the reputation of others or spread harmful content. However, the Mental Health Act 2018 is still underdeveloped and the recognition of mental well-being as a fundamental right has yet to emerge.
The WHO’s Mental Health Action Plan for the South-East Asia Region (2023-2030) emphasizes a human rights-based approach to mental health, recognizing mental well-being as essential for a fulfilling life. Ignoring mental health makes the protection of human rights incomplete, especially when individuals are subjected to mob media trials. Mental trauma also interferes with other fundamental rights, such as the right to work, education and the right to live with dignity. Thus, it is time for society to acknowledge the devastating impact of these mob practices and work towards protecting the human rights.
About the author :
Jeba Mobashwira is an LL.M student at Bangladesh University of Professionals and an independent researcher. Her research interests encompass, but are not limited to, constitutional law, environmental law, and human rights.