Criminalization Of Political Protests And Public Assembly Under Penal Code
Criminalization of Political Protests and Public Assembly under the Penal Code
In Bangladesh, political protests and public assemblies are often subjected to legal regulation, primarily under the Penal Code, 1860 and the Code of Criminal Procedure (CrPC). While the Constitution of Bangladesh (Article 37 and Article 39) guarantees freedom of assembly and expression, these rights are subject to restrictions in the interest of public order, morality, or security.
Common sections of the Penal Code used to criminalize protests include:
Section 141–145: Deals with unlawful assembly and rioting.
Section 149: Imposes liability on every member of an unlawful assembly for offenses committed in prosecution of a common object.
Section 268: Public nuisance.
Section 186: Obstructing public servants in the execution of public duties.
Section 505: Statements conducive to public mischief.
Section 153A: Promoting enmity between groups (used occasionally in protests with communal overtones).
Authorities often invoke these provisions to control, disperse, or prosecute political demonstrations.
1. Case: Khaleda Zia Supporters’ Rally (Dhaka, 2013)
Facts:
Supporters of the BNP (Bangladesh Nationalist Party) organized a street rally in Dhaka demanding election reforms. The police intervened, claiming that the rally caused public disorder and blocked traffic. Several protesters were arrested under Sections 144, 141, 143, and 186 of the Penal Code.
Legal Action:
Section 144 of CrPC was invoked to prohibit public gatherings without permission.
Charges under Section 141 (unlawful assembly) and Section 186 (obstructing public servants) were framed against 25 protesters.
Outcome:
Most arrests were temporary; cases were later dropped after court mediation.
However, some political leaders faced fines and warnings.
The case demonstrated how laws designed to maintain public order can be used to criminalize political mobilization.
Significance:
This case shows the tension between constitutional freedom of assembly and public order restrictions under the Penal Code.
2. Case: Hefazat-e-Islam Protest (Chattogram, 2013)
Facts:
Members of Hefazat-e-Islam organized a large demonstration demanding government policy changes. Violence broke out during the protest, including vandalism and clashes with police.
Legal Provisions Invoked:
Section 149 (every member of unlawful assembly liable for common object)
Section 324 (voluntarily causing hurt with dangerous weapons)
Section 143 (unlawful assembly)
Court Proceedings:
Dozens of protesters were arrested and charged.
The prosecution argued that the gathering escalated to rioting.
The defense cited constitutional protection of peaceful assembly, but the court emphasized that the violence exceeded lawful protest.
Outcome:
Many accused were convicted and sentenced to short-term imprisonment.
A few cases were later suspended through community mediation with police.
Significance:
This case highlights how political protests can be criminalized when they turn violent, even if initially lawful.
3. Case: Dhaka University Student Protest (2018 – Quota Reform Movement)
Facts:
Students of Dhaka University protested for reform in public service recruitment quotas. The protest involved marches, sit-ins, and road blockades. Police invoked Sections 144 and 341 (wrongful restraint) to control crowds.
Legal Action:
Police filed FIRs against leaders under Sections 143 and 147 (rioting).
Several students were accused of obstructing public officials and creating public nuisance (Section 268).
Outcome:
Most charges were withdrawn after negotiation with university authorities and police.
Some student leaders were temporarily detained.
Significance:
Demonstrates how even peaceful student movements can face criminalization under broad provisions of the Penal Code.
Highlights the fine line between lawful protest and public order offenses.
4. Case: Garments Workers Protest (Narsingdi, 2019)
Facts:
Garment workers organized a strike and road blockade demanding wage increases. Police intervened citing public disruption and traffic obstruction.
Charges Filed:
Section 143 (unlawful assembly)
Section 268 (public nuisance)
Section 186 (obstruction of public servants)
Court Proceedings:
Employers filed additional complaints claiming property damage.
Workers argued constitutional rights under Article 37 (freedom of assembly).
Court recognized the right to protest but upheld charges related to violence and obstruction.
Outcome:
Some workers received minor fines.
Strike leaders were warned against future illegal road blockades.
Significance:
Highlights how labor protests are often criminalized, even when demands are legitimate.
Shows the penal code’s flexibility to curb protests perceived as disruptive.
5. Case: Opposition Political Rally (Khulna, 2021)
Facts:
During the municipal elections, BNP supporters held a rally without prior permission. Police used Section 144 CrPC and Sections 141 and 149 of the Penal Code to disperse the crowd.
Legal Action:
Several protesters were charged with participating in an unlawful assembly.
Leaders were accused of inciting violence and blocking roads.
Outcome:
Court proceedings lasted several months.
Many cases were eventually settled through police mediation, but some activists were convicted for minor offenses.
Significance:
Illustrates how political opposition protests are particularly vulnerable to criminalization under broad public order laws.
Analysis of Trends
Broad Sections of the Penal Code (141, 143, 149, 268) allow authorities to criminalize almost any public protest if deemed disruptive.
Temporary detention and FIRs are frequently used as a deterrent, even for peaceful demonstrations.
Violence or property damage increases the likelihood of convictions.
Negotiated settlements or community mediation sometimes reduce penalties, reflecting informal restorative justice mechanisms.
Conclusion
The criminalization of political protests and public assembly in Bangladesh reflects a balance between constitutional freedoms and state interest in public order.
While peaceful assembly is constitutionally protected, the Penal Code provides wide-ranging tools to prosecute protesters under charges of unlawful assembly, rioting, obstruction, and public nuisance.
Courts often interpret these provisions strictly in cases of violence, but minor, peaceful protests are sometimes penalized through temporary detentions or fines.
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