Confession in police remand

Remand and confession are most important phenomena in our police activities. In most of the cases this power of police has been questioned as persons apprehended on suspicion that they have committed crime or may indulge themselves in future in the commission of crime are being tortured by police in remand. However, police may arrest anybody without warrant on the basis of reasonable suspicion of committing an offence under section 54 of the Code of Criminal Procedure. Such person must be produced before the Magistrate within 24 hours from the arrest. In the police custody, the person is treated with brutality which is completely contrary to article 31 of our constitution. It provides that every person has the right to enjoy the protection of law and to be treated in accordance with law, and this is the inalienable right of every citizen, wherever he may be and of every other person in Bangladesh for the time being …

According to the annual report of Odhikar, 238 people were killed at the hand of law enforcers in 2004. Now-a-days, custodial violence is very common in Bangladesh.

Section 167(2) of Cr.P.C. prescribes that detention can be ordered in such custody for a term not exceeding 15 days. So the Magistrate has unrestricted power to make such order. Again the code itself mentions that the Session Judge can allow remand if it appears likely that further evidence may be obtained by a remand.

Theoretically, the police custody is believed to be a safe area. But the real picture of our country indicates the persons in custody of police were compelled to embrace physical torture.
Section 24 of the Evidence Act states that a confession made by any accused is irrelevant in criminal proceedings if it appears to the court as has been caused by an inducement, threat or promise having reference to the charge against the accused person, proceeding from a person in authority and sufficient, in the opinion of the court, to give the accused person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him. Thus, the Evidence Act does not permit the use of any inducement, influence, and force in making a person confess. Apart from the Act, Cr.P.C. has provided a stringent impediment against involuntary confession. The Magistrate recording statement or confession under section 164 in course of investigation before the commencement of inquiry and trial will ensure that no person accused shall be subjected to torture or cruel or inhuman treatment. The confession by the accused must be made voluntarily and willingly. Such confession must not be made whilst he is in the custody of police officer unless it is made in the immediate presence of a Magistrate. But if there is a great doubt on the voluntary character of the confession, the confession is clearly unable to be admissible in evidence.

Abuse of power under section 54 and 167 by the police and Magistrate has been elaborately discussed by the High Court Division in BLAST vs Bangladesh 55DLR 363. In this case the Court has given 15 directives to the government and suggested that interrogation may be made while the accused is in jail custody, if interrogation is at all necessary, but not in police custody and no torture or inhuman treatment is allowed during this period.
In a democratic state, the confession in police remand is placed within the purview of sense of humanity. So the laws in Bangladesh should be reformed in compliance with the need of time for securing the investigation in the police remand. However the following initiatives would be adopted:

The person arrested will be made aware of the right to have someone informed of his arrest as soon as he is put under arrest or detention.
The person arrested should at his request be medically examined by a trained doctor.
The person arrested may be permitted to meet his lawyer during interrogation though not throughout the interrogation.

The human rights organisations should arrange more discussion, workshops, seminars to focus the issue in a meaningful way for the purpose of creating awareness among grassroots level people.

Finally, stopping illegal arrest and inhuman treatment in the police remand was a matter of time only if the government wished. However the government has a legal obligation and wide scope to implement such directives given by HCD. More than three years have passed since the judgment was pronounced by the High Court, but the government implemented none of the directives given in the judgment. So it is mandatory for the government to secure justice for an arrested person aiming at restoring and maintaining a safe police custody curbing illegality and inhumanity.

Personal rights of women in Hindu laws

Hinduism is considered as one of the most ancient religions in the world and that is why it is also called “Sanatan Dhormo”. Like all other religions it embraces all segments of human life including the rights, duties, liabilities of a woman. Though it is hard to find in particular the position of women in the ancient Hindu social system but it is clear from the old writings that with the end of the matriarchal system and introduction of patriarchy, women have become dependent on their male counterparts to a large extent. Since then Hindu women have been deprived of the right to property of their father and/or husband for survival. They remain dependent on parents during their childhood, on husband in youth and on children in old age. Therefore, for the betterment of the condition of Hindu women it is felt that Hindu family laws need to be reformed. Initiatives to such reforms always face opposition from a segment of Hindu community who are rigid in upholding “Sanatan Ain” (traditional customary law) because they are convinced that the laws originating in supposedly divine source cannot undergo a change. But it is noteworthy that our neighboring country India, where the Hindu law actually originated, has already introduced a lot of modifications and alterations in the family law system in order to make it compatible with the changing society.

Situation in BangladeshHindu community is the second largest religious community in Bangladesh. According to 1991 census 11.5 per cent of the population of our country belong to the Hindu Community. Their social and family affairs all are very intensely controlled and influenced by their religious doctrine. In Bangladesh, Dayabhaga school is followed in Hindu Family Law.

Unfortunately the religious element in Hindu Family Law has been greatly exaggerated in our country. Very little has been done towards reformation of Hindu personal law as it is same to Muslim Personal Law in India. Therefore, Hindu women have no right in Bangladesh. They are deprived of their parent's\husband's property as well as right to divorce and right to adoption etc. The government has not yet considered amending the personal laws though it ensured equality of the citizens in the eye of the law by the constitution. The reason behind perhaps is that thinking any self-initiatives of amendment may give rise to communal tension in the country.

Comparative review Inheritance: According to Bangladesh Law Hindu women only get a limited share. They inherit life interest in the property. There are five female Sapindas according to the Dayabagha law, namely the widow, the daughter, the mother, the father's mother and the mother of father's father. No other female relation is recognised as heir by the said school. Moreover a daughter cannot receive any property, even she cannot get life interest in the presence of son, grand son and great grand son. Although in neighbouring India laws in this regard have been updated since independence in 1947, in Bangladesh the pre-1947 laws are still prevailing. In India laws have been framed and amended that have established women's rights on the property of father and husband.

A wife's right to her husband's property is elaborately mentioned in Article 8 of Indian Succession Act. It is stated that if a Hindu man fails to distribute his property through a deed or testament, the inheritance will be determined based on Article 8 of the Hindu Inheritance Law and according to the list described in that law. In this way, a Hindu widow can demand the property of her husband under this law. Article 25 of Hindu Marriage Law states that a Hindu divorcee woman will receive subsistence allowance from her former husband. It is also stated that if the divorcee woman does not marry again, does not engage herself in adultery, and does not earn enough, she is entitled to receive subsistence allowance for the rest of her life from her former husband. Woman's limited estate has been abolished and whatever property has been or shall be inherited by a Hindu female will be or shall be her absolute property.
Marriage: According to Hindu social customs, Hindu marriages are solemnised through religious rituals. There is no marriage registration system for Hindus in Bangladesh. There is also no Hindu marriage law or Hindu marriage registrar in the country. So, if any Hindu woman suffers in the hands of her in-laws, she does not get legal help.

As per a 1946 law, Hindu women can file cases with courts to only regain the rights to conjugal life. Besides, the Hindu women can file cases under Family Court Ordinance 1985, Dowry Act 1980 and Women and Children Repression Act 2003. But these laws are too inadequate to protect the Hindu women's rights. But the situation is very different in neighboring India. There are laws in that country to protect the rights of Hindu women such as Widow Marriage Act 1856, Racial Inability Remission Act 1850, Child Marriage Prevention Act 1929 (Amended 1938), Earned Property Affairs Act 1930, Inheritance Act 1925 and Hindu Women's Rights to Lands Act 1937. Besides, new laws have been made in India after independence in 1947. These include Hindu Marriage Act 1955, Immature Children's Property Act 1956, Hindu Adoption and Maintenance Act 1956, Hindu Inheritance Act 1956 and Special Marriage Act 1960. It would be pertinent to mention the remarkable changes in ancient Hindu Law in India through the Hindu Marriage Act-1955:
1. Inter marriage between persons of different castes is not prohibited.2. Monogamy which is essentially the voluntary union for life of one man with one woman to the exclusion of all others is now enforced by legislation.3.Bigamy has been made punishable as an offence.4.The conditions and requirements of a valid marriage have been considerably simplified.5. Several matrimonial reliefs e.g., restitution of conjugal rights, judicial separation, nullity of marriage and divorce have been provided in this Act.
It is a matter of great regret that the Hindu women of our country fail to avail this kind of opportunity due to the lack of proper legislation.
Divorce: The concept of divorce is not recognised under the orthodox Hindu Law. Manu believed that the duty of a wife continues even after death. She can never have a second husband. The reason is that a marriage from the Hindu point of view creates an indissoluble tie between husband and wife. Unless divorce is allowed by the custom neither party to a marriage can divorce the other party. However, through the passing of Hindu Marriage Act 1955 in India some revolutionary changes have been introduced regarding marriage and divorce. After the passing of the Act the idea of marriage as an indissoluble union has been abolished and it is almost converted to a civil contract just like Muslim Law. The option of Divorce is the most significant part of this Act. Section 13(1) declares the right of divorce to both the parties. The grounds are as follows:

Adultery; treated the other party with cruelty; deserted the other party for a continuous period of not less two years immediately preceding the presentation of the petitioner; conversion to other religion; if one party becomes incurably of unsound mind or has been suffering continuously or intermittently from medical disorder of such a kind and extent that other party cannot reasonably be expected to live with the respondent.
Four grounds are available only to wife: Bigamy; Rape, sodomy; Non payment of maintenance decreed to the wife; Wife was under 15 when she was married and has repudiated the marriage before she is 18.

Unfortunately in Bangladesh any legislative enactment is yet to be introduced allowing a Hindu to divorce his/her spouse. Hindu women in Bangladesh are the worst sufferer due to this lack of provision of divorce. Very often they have to undergo physical and mental torture for dowry from their husband but can't divorce him since there is no such option in our country.
Adoption: Adoption is the transplantation of a son from the family in which he is born to another family where he is given by the natural parents by way of gift. The power of a Hindu female to adopt a son is very much restricted in Bangladesh. She can't adopt by herself but only with the consent of her husband. She has no right herself, she is deemed to act merely as an agent, or representative of her husband. A wife can but no other female can adopt. However, in India a woman enjoys a lot of rights conferred by the Hindu Adoption & Maintenance Act 1956. The Act has made the following changes in the law relating to adoption:
A female may also be adopted(Sec:7&8)
A virgin, divorcee, or widow is entitled to adopt and wife can also adopt in certain circumstances.(Sec:8)
A male can adopt only with the consent of wife or wives, if any. (Sec:7)
The father without the consent of mother can't give a child in adoption except in certain circumstances.(Sec:9)
The ceremony of “Datta Homam” is not essential. (Sec:11)

From the above discussion it can be said that the Hindu women in Bangladesh are deprived of equal rights due to existence of the non-amended personal law which doesn't allow equal rights of women in different aspects of life even though constitutionally women are bestowed with equal right in social and political arena of Bangladesh. With the realisation of the concept that "man is not for law but law is for man", the world's civilizations has always brought about necessary changes in their respective laws and customs to adjust to the changing scenario. But in Ban-gladesh the scope of freedom of Hindu women is clogged by the crude provisions of Dayabhaga School that stands like a wall in the way of advancement and empowerment of Hindu women. This situation needs to be changed at any cost and there-fore following recommendations are suggested to bring a constructive change in the Hindu Family Law and thereby upheld the dignity of Hindu women:

Polygamy should be prohibited through law.
Marriage registration should be made compulsory along with the traditional ritual of marriage ceremony.

Right to divorce of both man and woman should be ensured under equal condition.
Maintenance should be given to the wife and children as per Guardianship and Ward Act,1898.
Guardianship right should be entitled to both the parents.
Adoption right should also be given to women.
Finally, women should get equal share from the property of both father and husband.

Indigenous peoples' human rights

Injustice suffered by the victims of minority discrimination and related intolerance is well known in the world including Bangladesh. Limited employment opportunities, segregation and endemic poverty are only a few. The disadvantages faced by them in society are also familiar: lower pay for work of equal value; high illiteracy rate; and poor access to health care, etc.

The minority, immigrant, and ingenious people having limited employment opportunities are at the bottom of the labour market. Maurice Gledle-Ahanhanzo, the special investigator on the subject of the UN Commission on Human Rights, studied the situation of indigenous women in the labour market when he visited Brazil in 1995. He concluded that, “black women receive the lowest salaries (four times lower than that of a white one), are employed in the most unhealthy locations, work a triple working day and face threefold discrimination.”
Who are ingenious people?Indigenous people are the people living in an area prior to colonisation by a state or the people living in an area within a nation state, prior to the formation of the nation state, but who do not identify with the dominant nation or the descendants of either of the above.

The UN Commission on Human Rights has provided the following definition: “Indigenous people are composed of the peoples who inhabited the present territory of a country wholly or partially at the time when persons of a different culture or ethnic origin came there by conquest”.
Indigenous peoples in New WorldIn the New World, the White European colonizers arrived and settled suddenly, with drastic results. The indigenous people were pushed aside and marginalised by the dominant descendants of Europeans. Modern estimates place the 15th century, or pre-Columbus, population of North America at 12 to 15 million. By the 1890s, it had been reduced to approximately 3000000. In parts of Latin America, the results were similar; in others, there are still majority indigenous populations. They still face the same obstacles as indigenous peoples elsewhereprimarily, separation from their lands.

Indigenous people in Bangladesh In Chittagong Hill Tracts, the term indigenous people or Adivasi(in Bengali) applies to eleven montagnard or hill peoples: Bawm, Chak, Chakma, Khumi, Khyang, Lushai, Marma, Tanchangya, Tripura. They are mainly known as Pahari. In the central and north-western parts of Bangladesh, the Koch, Rajbangshi, Munda and Santhal live.
Steps taken by United Nations

UN Universal Declaration of Human Rights 1948 states the rights for indigenous people: All human beings are born free and equal in dignity and rights. And all are equal before the law and are entitled without any discrimination to equal protection of law.
ILO Convention No. 107 of 1957 provides the promotion of improved social and economic conditions for indigenous peoples.

In 1970, the Sub-Commission on Prevention of Discrimination and Protection of Minorities (a subsidiary body of the Commission on Human Rights) commissioned special Rapporteur Martinez Cobo of Ecuador to undertake a study on “The Problem of Discrimination against Indigenous Populations”.
The report found that some governments denied indigenous peoples existed within their borders. Other denied existence of any kind of discriminationin contradiction to the reality encountered. It described cases where the government authorities unwittingly betrayed their badly discriminatory thinking.

The establishment of the UN Working Group on Indigenous Populations in 1982 was a direct result of the Cobo Study. Consisting of five independent experts, the Working Group meets annually in Geneva, and until now, has been the only arena in the United Nations system in which indigenous people could state their views.
The United Nations International Decade of the World's Indigenous Peoples (1995-2004) has helped to focus efforts in the United Nations system on two primary goals: The creation of a Permanent Forum on Indigenous Issues, and the drafting of a Declaration on the Rights of the Indigenous People.

The ECOSOC and the United Nations Charter body to which the commission on Human Rights reports took steps to establish the Permanent Forum on Indigenous Issues, which will consist of eight governmental experts and eight indigenous representatives.
Indigenous peoples' rights in Bangladesh The Constitution of the People's Republic of Bangladesh provides the similar rights as fundamental rights stated in UN Universal Declaration of Human Rights of all citizens in Bangladesh and article 28(4) of the Constitution enables the state to enact special provisions for advancement of any backward sections of citizens.
On 9August 1993, the Bangladeshi Indigenous peoples while celebrating the International year of the World's Indigenous Peoples, demanded constitutional recognition of their cultural integrity. The impact of the international events was realised within this country in various ways.*The UN events led to the forging of greater unity among the country's indigenous peoples.* It instilled a greater sense of pride in their indigenous identity.*It led to the growing currency of the term “indigenous” and “adivasi”.

Though the indigenous peoples constitute a considerable part of the country's population they are denied to play a role in state-formation and nation building. They cannot exercise their rights in the case of land alienation. Again they are suffering from the non-acknowledgment of their right to self-determination and the district and regional councils are indifferent in this respect.
What can be done? To protect the rights of the indigenous people and to resist the discrimination against them, some recommendations must be adopted, such as
Good governance plays a vital role in involving minorities in society and protecting their rights and interests. Through recognition, dialogue and participation, all the citizens of a diverse society can form a greater understanding of one another's concerns.

Education and the media have important roles to play in this regard, as do political representatives and community leaders.

Positive action by states can include legislative measures that introduce higher maximum penalties for minority motivated crimes.

State authorities need to ensure that minorities enjoy the fundamental right to equality both in written legislation and in society at large. The roles of local government, civic organisations and non-governmental organisations are important in this respect.

The government should take some effective initiatives to increase the employment of persons of minority origins in fields where they are under-represented, and establish human rights institutions.

Other recommendations include monitoring hate speech, promoting empowerment through education, and ensuring adequate housing and access to health care for the indigenous people.