Use of the Information and Communication Technology Act 2006 (amended 2009 and 2013)
33. The repressive law, Information and Communication Technology Act, 2006 (amended 2009 and 2013) remains in force. The latest amendment
to the ICT Act was made on October 6, 2013. Section 5732 of the ICT Act 2013, states that publishing or transmitting in a website in electronic form, of any defamatory
or false information is considered to be a cognizable and non-bailable offence. Moreover, punishment for committing this offence
has been amended from a
maximum of 10 years imprisonment, with no minimum; to a term of a
minimum of seven years and maximum
of 14 years imprisonment. This law
has curtailed the freedom of expression and the government is using it against human rights defenders, journalists, bloggers and activists of the opposition political parties and even the ordinary people who have alternative opinions.
34. According to information gathered by Odhikar,
in September 2016, two people were arrested
under the Information and Communication Technology
Act 2006 (amended in 2009 and 2013) for writing posts against high officials of
the government and their families,
mainly on facebook.
A case is as follows:
35. On September 1, 2016 police arrested
Siddiqur Rahman Khan, Editor of an online portal,
‘Shikhsha.com’, under the Information and Communication
Technology Act 2006 (amended 2009 and 2013). On September
2, the investigating officer of this case and Inspector of Cyber Crime and Counter
Terrorism Unit, Shawkat
Ali Sarkar, produced
him before the Chief
Metropolitan Magistrate of Dhaka, and sought a five-day remand for interrogation. It was stated in the remand application that Siddiqur
Rahman Khan had published an indecent report based on false information against the former Director
General of the Secondary
and Higher Secondary Education
Department, Professor Fahima Khatun. In a counter, his lawyer said that such report was published on ‘Shikhsha.com’ based on appropriate documents and information. Metropolitan Magistrate Maruf Hossain rejected
the remand
application and ordered
Siddiqur Rahman
Khan be sent to jail.33 It is to be mentioned that Professor
Fahima Khatun is the wife of the ruling party MP of Brahmanbaria-3, R A M Obaidul Muktadir
Chowdhury and the sister of the
Food Minister Kamrul Islam.34
32 Section 57 of the ICT Act states: (1) If any person deliberately publishes or transmits or causes to be published
or transmitted in the website or in electronic form any material
which is fake and obscene or its effect is such as to tend to deprave and corrupt persons
who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it, or causes to deteriorate or creates possibility to deteriorate law and order, prejudice
the image of the State or person or causes to hurt or
may hurt religious belief or instigate against any person or organization, then this activity
of his will be regarded
as an offence.
(2) Whoever commits offence under sub-section (1) of this section
he shall be punishable for a term of minimum of seven years’
imprisonment and a maximum
of 14 years or a fine of Taka 10 million
or both.
34 Information gathered by Odhikar.
Meetings and assemblies prohibited
Chhatra League and police barred a cycle rally brought out by online activists and students
36. On September 30, 2016 activists of Chhatra League and police foiled a cycle
rally brought out by students and facebook
activists campaigning against the construction of a coal-based power plant
in Rampal near the Sundarbans. At around 10:30am,
the rally faced the first obstacle at Central
Shaheed Minar in Dhaka, where the programme was supposed to begin. The obstruction took the form of a human
chain formed
by
members of the Chhatra
League.35 At noon, the cyclists moved forward,
defying the cordon and reached in front of the National
Press Club. On their way to the Press Club, police used water canon at the Doel Chottor area to disperse
the protesters. The protesters later hold a brief rally in front of the Press Club, where Professor
Anu Muhammad, Member-Secretary of the National Committee to Protect Oil, Gas, Mineral Resources, Power and Ports condemned the attacks carried out by Chhatra League and police.
According to an organiser and Dhaka University student Zakaria Hossain, Chhatra League activists
assaulted several
activists during the confrontation.36 One of the leaders of the National Committee to Protect Oil, Gas, Mineral
Resources, Power and Ports;
and General Secretary
of Revolutionary
Workers Party, Saiful
Huq informed Odhikar
that 25 activists were injured during
the several confrontations with police and Chhatra League activists.
35 ‘Protests for Sundarbans face police, BCL bar’- The Daily Star (online version), 30/09/2016; http://www.thedailystar.net/country/bcl-foils-cycle-rally-sundarbans-1292107
36 ‘Police, BCL men interrupt
rally against Rampal plant’ – The New Age (on line version), 30/09/2016; http://newagebd.net/254290/police-bcl-men-interrupt-rally-rampal-plant/
37. On September 2, 2016 Senbag Upazila unit BNP organised an extended meeting at Samirmunshirhat Mayabi Community Centre under Senbag in Noakhali District.
According to BNP source, the party had taken police permission to organise
this meeting two days previously. However, on the
day of the meeting when the leaders and activists
of BNP gathered
from different areas, they found that police had barricaded the meeting venue.
Police also stopped BNP’s leaders
and activist from holding
a meeting.37
38. Odhikar expresses grave concern
over the persistent interference of the government on freedoms
of opinion, expression and assembly and association of the citizens
of the country. Odhikar believes
that if any opinion
or statement of any citizen goes against the government, he or she is likely to be
arrested, persecuted or harassed by the state.
Odhikar also demands
that the
government repeal all repressive laws, including the Information and Communication Technology Act 2006 (amended 2009, 2013) immediately. At the same time, Odhikar also urges the government to refrain
from hindering people’s fundamental rights to freedom of expression and assembly.
Aggressive policy of the Indian government on Bangladesh continues
39. The Indian government is taking transit
facility through Bangladesh at almost no cost and is also taking
advantage of other business and trade facilities. At
the same time the Indian
Border Security Force (BSF) is torturing
and killing
Bangladeshi citizens
indiscriminately along
the border areas. Furthermore, the Government of Bangladesh has initiated a process to build Rampal
Power
Plant with an Indian company
near the world’s largest
mangrove forest,
the Sundarbans, located in the Southern
part of Bangladesh, which is threatening
Bangladesh’s ecology, natural heritage and the livelihood of the people of that
area. Moreover, India is depriving Bangladesh from getting
adequate water during the dry season and creating
floods over Bangladesh by opening all the
sluice gates
of the Farakka
barrage constructed on the Ganges River and the
Gajaldoba barrage constructed on the Teesta River,
during the monsoon
(rainy) season; and thus violating
international human
rights laws.
In
this way the Indian government continues its destructive policies towards Bangladesh.
Human rights violations by Indian BSF in border areas
40. According to information collected by Odhikar,
in September 2016, five Bangladeshi citizens
were gunned down by the Indian Border Security
Force (BSF). Four Bangladeshis were also injured by the BSF. Among them, three
were shot and one was injured by hurling sound grenades. Moreover, one Bangladeshi was abducted
by the BSF.
41. In the morning of September 9, 2016, some Bangladeshi cattle traders
went to
bring cows from near international pillar 915 of sub pillar 8S
at Burirhat border under Goral Union of Kaliganj Upazila in Lalmonirhat District. At that time, patrolling
BSF members of Satbhandaria Camp of India at Kochbihar border opened fire at them. One Bangladeshi
citizen named
Mohubar Rahman (38) was shot dead on the spot and two others named Selim Hossain
and Shariful Islam were shot and injured.38
Construction of Rampal Coal-based Power Plant
42. The United Nations Educational, Scientific and Cultural
Organisation (UNESCO) suggested that the Bangladesh government cancel the project
that was undertaken to build
a 1320 MW coal-fired power plant in a location at Rampal near the Sundarbans. The UNESCO
stated that if this power plant is built, it would cause irreparable damage to the forest and the project should be relocated. The three-member UNESCO expert
team which visited Bangladesh in March, made this appeal
in their report submitted to the government. The report said the Environmental Impact Assessment (EIA) report found many discrepancies between the statements of Rampal project construction firm Bangladesh-India Friendship Power Company
and the tender documents. During their Bangladesh visit, the team was only allowed to meet a limited number of experts and interaction with the local people was also organised by the company.39 The UNESCO report
highlighted four risks regarding the Rampal project. These
are, air pollution, water pollution, increased river traffic and accumulated pollution caused by industries and infrastructure coming up in the project
area. Furthermore, the report stated that the rich bio-diversity of the Sundarbans and forest animals
will be endangered; the burning of coal at
Rampal will lead to emissions of large amounts of sulphur dioxide, carbon dioxide,
nitrous oxide and mercury. Sulphur dioxide and nitrous
oxide will cause acid rain, which will be
a serious threat to Sundarban’s water biodiversity and mercury
emissions will also pollute the environment. It will enter the human body through
fish consumption and people will face the consequences of mercury poisoning.40 The UNESCO is not just saying that the Sundarbans will be protected if Rampal project is cancelled. It has also pointed
out that prolonged harm on the world’s heritage Sundarbans
has been due to the construction of the Farakka barrage on the River Ganges.41 It is to be mentioned
that the construction of Farakka barrage was started
in 1961 across the Ganges River located in Maldah
and Murshidabad of the Indian state of West Bengal and completed in 1974 at a cost of US $ 3 billion. On April 21, 1975 operations of this barrage commenced. The barrage
is about 2,240 meters (7,350 ft)
long. Due to this barrage,
the life and livelihood of the people of South-Western parts of Bangladesh has fallen
in danger during dry season
as a result of the low flowing water of the Ganges. Agricultures, irrigation, fisheries, industries,
39 “UNESCO calls for shelving Rampal project”, the daily Prothom Alo, 24/09/2016, http://en.prothom- alo.com/environment/news/122299/Unesco-calls-for-shelving-Rampal-project
40 Ibid
water transport, and water supplies of Bangladesh harmed.42 From January to
May 2016, Bangladesh received 120,864 cusecs of water less in 15 intervals.43
43. It is to be mentioned
that on July 12, 2016 an agreement of the much debated project of the Rampal Coal-based Power Plant was signed in Dhaka. The agreement was signed by the Managing Director of Bangladesh-India
Friendship Power Company
Limited (BIFPCL), Ujjal Kanti Bhottacharya; and the General Manager
of the construction company Bharat Heavy Electric
Limited (BHEL), Prem Pal Yadab. Construction of Rampal
coal-based power
plant has already commenced. The government signed
this agreement with India ignoring
protests from civil society and political
parties. The ecology of
the world largest
mangrove forest,
the Sundarbans, will be destroyed if this
power plant is established. As a result, environmentally there will be a
massive negative impact on Bangladesh.
Human rights violations on religious minority communities
44. Incidents of attacks on citizens
belonging to
minority
communities and at their places of worship
continue due to the unavailability of justice for similar incidents that took place in the past; and also due to the politicisation of these
incidents. At present, the human rights situation of citizens
belonging to minority communities is deplorable, as alleged by their representatives.44
45. On September 22, 2016 at night, some unidentified criminals came to
the
Hindu temple
at Purba Keshalidanga of Kamarpara
Union under Sadullapur
43 Munshi Abdul Mannan, ‘Destructive Barrage Farakka’,
the
daily Inqilab, 27/08/2016; https://www.dailyinqilab.com/details/34961/
Upazila in Gaibandha District
and
vandalised the effigy of the goddess
Durga.45
46. In the early morning of September
23, 2016 some unidentified criminals broke
the head of an effigy
of Lakshmi, the Hindu goddess of wealth and good fortune, after breaking the bamboo
gate of a Durga temple
in Kakina Village under Kaliganj Upazila in Lalmonirhat.46
47. Odhikar condemns
such incidents. Odhikar demands
the government bring the perpetrators to justice through impartial
and unbias investigation and ensure the security
of the citizens belonging to all religious
and ethnic minority communities; and their places of worship.
Violence against women
48. Incidents of violence against women continue;
and most of the victims are not getting justice due to a prevailing culture of impunity.
Rape
49. In September 2016, Odhikar
recorded a total number of 70 females who were
raped. Among them, 25 were women,
43 were children and the age of two victims could not be ascertained. Of the women, 12 were victims of gang rape
and four were killed
after being raped. Out of the 43 child victims, 14 were
victims of gang rape and one was killed after being raped. Six women and children were victims of attempted
rape. One example is as follows:
50. On September 15, 2016 a college student
named Helena Akhter (21) was killed
after being raped by criminals at her home in Haridrabaria Village
of Gulishakhali Union under Amtoli Upazila in Borguna District. On September
16, her brother Mizanur
Rahman filed a case with the police station accusing six persons. Police arrested Helena’s ex-husband Arifur Rahman
Shohag in
this regard. On September 27, 2016 Shohag made a confessional statement
under section 164 of the Code of Criminal Procedure before the court.47
Dowry-related violence
51. The Dowry system is deeply
rooted in society and its cruelty
takes away the lives of many brides. Dowry has become a serious social ailment,
with women in all sectors and their families being affected.
Poor women have been victims
of physical assault
and death by their husbands
and in-laws due to failure to
provide a dowry.
According to information gathered by Odhikar, in September 2016, a total of 13 women
were subjected to dowry violence. Of
45 iIbid
46 The Daily Star, 24/09/2016, ‘Hindu idol broken in Lalmonirhat temple’.
47 The daily Prothom Alo, 17/09/2016 and the daily Jugantor, 01/10/2016; www.jugantor.com/bangla- face/2016/10/01/64741/
these women, it has been alleged that eight were killed
and four were physically abused
over dowry demands and one was committed suicide.
An incident is as follows:
52. A housewife named Fatema
Begum (25) was allegedly choked to death by her
husband Shafiqul Islam and some of her in-laws over dowry demands
in Machhimpur village of Murapara Union
under Rupganj Upazila in Narayanganj District. The father of the deceased,
who by profession a farmer, Rowshan Ali said that he married
off his daughter with Shafiqul Islam of Machhimpur village 8 years ago. During the wedding, 50 thousand
Taka along with some jewelry and furniture
were given to Shafiqul as dowry. After the marriage Fatema Begum gave birth to a daughter.
Fatema’s husband Shafiqul Islam, her brother-in-law Nazrul
Islam and her mother-in-law
Masuda Begum
had been demanding one hundred thousand
taka since 2015. Of the money, 50 thousand taka was paid six months ago. After that,
the
accused were physically and mentally torturing Fatema for the other 50 thousand. In the morning of September 13, 2016 (on Eid day), Fatema’s in-
laws members,
including her husband
Shafiqul Islam,
brother-in-law Nazrul Islam and mother-in-law Masuda Begum strangled
her to death as she
refused to give further
dowry. Rowshan
Ali filed a case with Rupganj
Police Station in this regard accusing
Shafiqul Islam, Nazrul Islam and Masuda
Begum. Police are yet to arrest anyone involved in this incident.48
53. In 1980, Bangladesh passed the Dowry Prohibition Act banning
dowry. The law contains provisions for imprisonment or a fine or both for taking dowry. Section 11 of the Women and Children
Repression Prevention Act, 2000
(amended 2003) also contains provisions for punishment for dowry-related
violence. Regardless of the laws, dowry violence
is a vicious
cycle and the
root cause for domestic violence
in the country.
Acid violence
54. In September
2016, according to Odhikar documentation, a total of seven persons became victims of acid violence.
Of them, four were
woman, two
were girls and one man were victims of acid violence. One incident is
as follows:
55. On September 26, 2016 Shelly Akhtar (22) was asleep with her mother
Hosne Ara Begum (55) in a slum at the Pologround area under Kotwali Police Station in Chittagong. At around 5:00 am, acid was thrown at Shelly and her mother.
Both were admitted
to the Burn and Plastic Surgery Unit of Chittagong
Medical College Hospital. Doctors
said that 15% of Shelly’s
body and 10% of Hosne Ara’s body were burnt with acid. Injured Hosne Ara Begum said that a few years ago her daughter Shelly married
an auto-rickshaw driver Jahangir.
48 Report sent by local
human rights defender
associated with Odhikar from Narayanganj
But Shelly divorced
him one year ago and left Jahangir’s home as she could not bear the physical and mental abuse. She claimed
that Jahangir threw acid on them to take revenge.49 On September 29, 2016 police
arrested Jahangir
from Dhaka.
56. Despite the existence of the Women and Children Repression Prevention Act,
2000, the Acid Control Act, 2002 and the Acid Crime Control Act, 2002, girls and women are falling victim to acid violence due to the non-implementation
of the laws. Many men have also fallen
victim to acid attacks. Though it is a
punishable offence to buy, sell or import acid without
a licence, due to a loose monitoring system,
acid is readily
available and such violence
can be
perpetrated upon any person.
A majority of the acid attacks on women occur
due to refusal of proposal
of love, marriage or sexual
advances or over land
disputes.
Sexual harassment
57. According to information gathered by Odhikar,
in September 2016,
a total of
25 girls and women were victims of sexual harassment. Of them four
committed suicide, one was killed, three were injured, one was assaulted, one was abducted and 15 were victims of stalking. Six men were injured
by the stalkers for protesting such incidents. Some examples:
58. A youth named Milon Mondol (18) used to regularly
give love proposals to
and stalk a girl student of class X, Mitu Mondol, of Nabagram
High School on her way to and from school, in Alishakandi Village
under Kalkini Upazila in Madaripur District. As Mitu rejected his proposals,
on September 18, 2016 Milon Mondol stabbed
her when she was going to school. Milon Mondol tried
to escape
but
villagers caught
him and
handed
him over
to police.
49 The daily Prothom Alo, 27/09/2016
and a report
sent by local human rights defender associated with Odhikar
from Chittagong
Meanwhile, seriously wounded Mitu Mondol succumbed to her injuries on the way to hospital.50
59. On January 26,
2011, a Division Bench of the High Court Division of the
Supreme Court, comprising of Justice
M. Iman Ali and Justice Sheikh Hasan Arif, ordered
every incident of stalking
related harassment to be regarded as acts of ‘sexual harassment’. At the same time, the High Court Division
Bench declared inclusion of all Government
and private places in the proposed
Prevention of Repression on Women and Children Act 2000 (Amendment) as potential areas of sexual
harassment along
with the educational institutions
and work places.
Stalking through
SMS, E-mail, telephone and cell phone are also being included in the law as criminal offences. Furthermore, the Court
asked that necessary measures be taken in order
to make
registration for cyber cafés compulsory and to record the identity of users.51 The Court also delivered a judgement that a separate
cell or team shall be set up in every
police station in order to prevent
sexual harassment. The team will submit
reports on sexual harassment cases every month at the
meetings of district
level law and order prevention committee.52 Despite the High Court order, separate cells are not set up in most of the police stations.
Hindrance to human rights activities of Odhikar
60. The present government is harassing
Odhikar for being vocal against human rights violations and for campaigning to stop this. The government, after
assuming power in 2009, started the harassment on Odhikar for its reports
on the human rights situation of the country.
After that on August 10, 2013 at
50 Report sent by local human
rights defender associated with Odhikar from Madaripur
52 The daily Naya Diganta, 27/01/2011
night, Odhikar’s Secretary Adilur Rahman Khan was picked up by persons claiming to be from the Detective Branch (DB) of Police, for publishing a fact finding report on extrajudicial killings during a rally organised by the religious group
Hefazate Islam on May 5-6, 2013. Adilur and Odhikar’s Director ASM Nasiruddin Elan, were later charged under section 57(1) of the
Information and Communication Technology Act, 2006 (Amended 2009). They were detained
in prison and later, Adilur and Elan were released
on bail
after spending 62 and 25 days in prison respectively. Odhikar regularly faces
harassment by different
organs of the government.
Adilur Rahman
Khan, staff members of Odhikar and the office are under surveillance by intelligence
agencies. Human rights
defenders who are associated with Odhikar are being watched and sometimes
harassed and human rights activities hindered. Furthermore, the NGO Affairs Bureau
(NGOAB) has barred the release
of all
project related
funds of Odhikar, for two and half years, withheld renewal of its registration in order to stop its human rights activities. The Organisation is still operating
due to the volunteer services of grassroots level human rights defenders associated
with
Odhikar and their commitment to human rights
activism.
Recommendations
1.
In order to restore democracy and the voting rights of the people an
accountable government must be established through
free fair and inclusive elections under an neutral interim
government or under the supervision of the UN with the participation of all political parties;
and initiatives must be
taken to fixing dysfunctional institutions through an elected
government.
2.
The Government has to investigate and explain all incidents of enforced disappearance and post-disappearance killings, allegedly
perpetrated by law enforcement agencies. The Government must bring the members of the
security and law enforcement agencies who are involved, to justice before the
law. Odhikar urges
the government to sign and ratify
the International
Convention for the Protection of All Persons from Enforced
Disappearance,
adopted by the UN General Assembly.
3.
Incidents of extrajudicial killings
and torture by law enforcement agencies must be investigated and the perpetrators be brought to effective justice. The law enforcement agencies must follow international guidelines “Basic
Principals on the use of Force and Firearms by Law Enforcement Officials”
and the “UN Code of Conduct for Law Enforcement Officials”. The Government must ratify the Optional Protocol to the Convention against
Torture; and effectively implement the Torture
and Custodial Death
(Prevention) Act, 2013. The persons who tortured school
student Sabbir and the persons who were involved in his detention and ‘punishment’ through a
mobile court, should be brought to justice.
4.
The Ready-made garment factories need to be brought under synchronized security programmes and the factories should
be made with adequate infrastructural and other facilities. Those responsible for
explosion in
Tampaco Foils Limited must be arrested
and brought to justice.
Adequate compensation should be given to the families
of the deceased
and injured workers and an appropriate measure to be taken for treatment of the wounded workers.
5.
Interference to freedom
of expression and of the media must be stopped.
The Government must withdraw cases filed against all human rights defenders
and journalists; and it should also bring the perpetrators to justice through proper investigation. The ban on the publication of the daily Amar Desh and the broadcasting of Diganta TV, Islamic TV and Channel
One should be
removed. All persons who were detained for political reasons or for expressing their opinions and thoughts,
including, the Acting Editor
of the
daily Amar Desh Mahmudur Rahman and Convener
of Nagorik Oikko,
Mahmudur Rahman Manna should be released immediately. All repressive
laws, including the Information and Communication Technology Act, 2006
(amendment 2009, 2013) and the Special
Powers Act, 1974 must be repealed.
1. Monitoring of
the
social media and internet, leading to arrests
and harassment and human rights violations, should be stopped.
6. The Government must refrain
from repressive and unconstitutional activities
including interference on freedom
of assembly. The government should
establish democracy and rule of law by refraining from violating
civil and political rights.
7. The Government should protest
strongly against human rights violations on Bangladeshi citizens
by the Indian Border
Security Force (BSF) and take
initiatives to investigate and make the Indian Government accountable and compensate the families
of the victims. The Government must also ensure
the safety and security of the Bangladeshi citizens residing
at the border areas.
The Indian Government must stop the construction of the destructive coal- based power plant in Rampal in Bangladesh. India must also not open or
close the sluice gates of Farakka
and Gajaldoba barrages
unilaterally for the
sake of its own benefit.
8. The Government must take all measures to protect the rights of the citizens belonging to religious, ethnic and linguistic
minority communities and ensure
their security.
9. The Government must ensure the
effective implementation of laws to stop violence against
women and children and the offenders
must be effectively punished under prevalent laws. The Government should also execute
mass awareness programmes in the print and electronic media, in order to
eliminate violence against
women.
10. The case filed against
Odhikar’s Secretary and its Director
under the Information and Communication Technology Act, 2006 (Amended in 2009)
must be withdrawn. All repressive measures and harassment against
human rights defenders
associated with Odhikar should be stopped. The government must release the funds of Odhikar
to enable it to continue its human
rights
activities.