View with images and charts Causes of Crimes in Bangladesh; A Socio-Politico-Legal Study Chapter 1 INTRODUCTION
Crime has been a vital problem ever since the dawn of human civilization and man’s efforts to grapple with this problem have only partially succeeded. 1 Since a long era a lot of scholars are giving a lot of significant reasons about the causes of crime. Again criminologists have always differed in their views regarding crime causation. Bangladesh is a country still largely depends on agriculture; Bangladesh became independent in 1971 after a costly struggle started almost 40 years back. After independence, different governments tried to establish heavy industries, but yet to get expected industrialized foundation. This country has the largest rate of population growth, every twenty tears the population is becoming double. This country6 has new more than 14 crores people. Because of varied reasons Bangladesh is lagging behind. Two hundred years colonial legacy, poverty, lack of good governance and rule of law, lack of policies are causes of it’s being backward. Around 65 percent of the population lives below the poverty line. The rate of literacy is low and average income is 400 dollars per year. The growth of population has created pressure on cultivable agricultural land there is no employment in the agricultural sector. Direct and disguised unemployment is in the agricultural sector. Direct and disguised unemployment have become very severe in the village. Because of unemployment and poverty thousands of people are migrating from village to urban areas. But cities cannot provide them properly. 2 In this context frequency of crimes is increasing. Serious types of crimes are taking place more and more. People are becoming victims of new types of crimes. The law enforcers encounter tougher challenges in controlling and preventing the tougher challenges in controlling and preventing the occasion of crimes. The number of police is less in proportion to the populations of this country. The police do not have good training and they lack sufficient logistics support. Moreover, politico police criminal triumvirate becomes active in the whole of Bangladesh. Because of these reasons police cannot play strong role in controlling and preventing crimes.3 Crimes need to be defined and classified at first. According to the nature, crimes may be serious and light. The nature may vary from time to time and country. Broadly crimes are classified into two categories those related to human body and those related to property. These two types of
1
N.V. Paranjape Criminology and Penology, 12th ed. (Allahabad: Central Law publication, 2007),
0
49. 22
B.L. Das, Oporadhabiggan, Theoretical Criminology, Volume - 1, 2nd ed. (Dhaka: Kamrul Book House, 2001), p. 316. 3 Ibid.
.
p.
crimes are common in almost all the countries and societies. The penal law defines crimes and prescribes and societies. The penal law defines crimes and prescribes penalty for every type of crime. The criminal procedure code provides the process to identify the real offenders, who have committed the crime. Socio economic condition determined what types of crimes would take place in the society. We shall see the nature of crime is different in rural and urban areas. Socio economic and political reality lies at the root of this difference. The crimes committed in the rural areas are murder, robbery and docility, burglary and theft. Socio economic reality of urban areas is totally different from rural areas; hence the type soft crimes are different. Ass the banks, shopping centers, government offices are situated in the cities. People carry hard currency, females wear valued ornaments, and huge amount of money is transacted for business purpose. All these realities create huge opportunities to commit different types of crimes, which are not possible in rural areas, people of cities experience two types of realities, one during day time, and another at night. As soon as night comes, the drug dealer’s starts selling contraband drugs, prostitutes become active to have their clients. In mega cities like Dhaka and Chittagong, number of professional criminal gangs commit various types of delinquencies, which finally translated into corers of money. 4 AN ABSTRACT STUDY OF CRIME
Definition of Crime Crime is a theory which is known that exactly which has no established definition. However the scholars of different segment of the society try to give the definition of crime. Black’s law dictionary defines crime as a positive or negative act in violation of the penal law, an offence against the state.5 Edwin H. Sutherland provided a definition of criminology, which is widely accepted: Criminology is the body of knowledge regarding crime as a social phenomenon.6 According to Paul W. Tappan, “crime is an intentional act or omission in violation of criminal law committed without defense or justification and sanctioned by the state as a felony or misdemeanor.”7 According to Blackstone, crimes are public wrong and involve a violation of the duties due to the whole community.8 In Halsbury’ Laws of England, crime is defined in these words, “crime is an unlawful act of default which is an offence against the public and renders the person guilty of the act or default liable to the legal punishment. While a crime is often also an injury to private person, who has remedy in a civil action, it is an act or default country to the order. Peace and well being of society that a crime is punishable by the state.’9 44
Sheikh Hafizur Karzon, Theoretical And Applied Criminology, (Dhaka: Palal Prokashoni, 2008), pp. 334 -36.
5
Black’s Law Dictionary. Edwin H. Sutherland, 2nd ed.Principles of Criminology,P.4 Philadelphia Lippincott, Publishers, 1934, p. 4 Kader, monzur and Hussain, Md. Muajjem, Crimiology, (Dhaka: Suchona publishers, 2008), p. - 21. Ibid.
6 7 8 9
According to Donald Taft, crime is a social injury and an expression of subjective opinion varying in time and place.10 According to Adler, Muller and Loafer, A crime is any human conduct that violates a criminal law and is subject to punishment.’11 According to Osborn, crime is an act or default which tends to prejudice of the community, and forbidden by law on pain of punishment inflicted at the suit of the state.� Sutherland defines crimes as a symptom of social disorganization. The tendency of modern sociological penologists is, therefore, to treat crime as a social phenomenon, which receives disapprobation of the society.12 Concept of crime It is very much clear that, from the beginning or world there is a common habit of human in committing crime randomly through a chronological process. So that’s why deferent scholars say thatCrime is an act which violates criminal law in case of an organized state), or norms of a society (in case of a tribal community or most of the earlier human societies which did not have formal law and state) and is subject to punishment. Why does a society consider some wrongs as crime and allow other wrong to be settled in private? Natural law philosophers, for centuries, believed in universal rightness and wrongness of some human behaviors and accordingly viewed some behaviors as innately criminal, for which all the societies denounced them equally. Homicide and theft are said to be categorized as crime by all the societies, but surprisingly this is not the case. Roman law of twelve tables, Babylonian code of Hammurabi and other early legal systems did not list homicide or ordinary theft among crimes. The perpetrator could be exonerated by giving compensation or by surrendering to the injured clan as a substitute worker for the victim clan. For societies that had not developed the concept of property, theft was not a problem. Socioeconomic condition of a society, therefore, determines which acts are crimes and need to be controlled by law or by any other mechanism of social control. In the modern sense of the term earlier societies had no legal system, yet they had their mechanism to punish the offenders and to control the wrongdoing. The economic, social, and environmental reality of a society is reflected in the crime category made by it. In the Inca society of Peru, the destruction of a bridge was the most serious crime as it was a country, which was crisscrossed by ravines and canyons and bridges were the only ways of communication. A person without a horse or a blanket was in danger of death among North American plains Indians so theft of a horse or of a blanket was the most heinous crime in that society. In the ancient Germanic tribes honey was the only source of sugar for food and dried. As beehives produced the honey, if anybody stole a beehive he was punished seriously.13 10 10 11 12
Ibid, p. 22. Ibid, p. 23. Ibid. Ibid.
11 12 13
Sheikh Hafizur Rahman Karzon,, Theoretical and Applied Criminology (Dhaka: Palal Prokashoni, 2008), pp. 5 - 6.
1
Bangladesh perspective Nothing is published of so well thought about nature, kinds, relief and prevention to abolish crime from Bangladesh. There is a hardly of standard books. Not only is that, in this country there cruises of standard statistics also. Because of these crimes in the country, only a small part is reported about crime. A report is depended on the person, family, law enforcing authority whether the report will be or not. It is dependable on the conscious, communication and the role of media. As long as we are not getting skilled researcher and research this country is bound to depend upon police system, co-operative system, weekly media and other media. If a question arises that what is the reason of crime in Bangladesh then we can say that it is of sexual, mental, economic, social, geographic, institutional, and others than it is possible to know about the crime situation in Bangladesh. These are the general information about crime in this country. At last it can be said that, as a cause of crime in Bangladesh the socio-economic condition, mental and political condition is vitally responsible. It became possible to know about a hints of a causation of crime in Bangladesh but this information is not enough and reasonable to justify the causes of crime in Bangladesh and any other country. 14 Scholar’s overview on causes of crimes Crime has been a vital problem ever since the dawn of human civilization and man’s efforts to grapple with this problem have only partially succeeded.15 Since a long era a lot of scholars are giving a lot of significant reasons about the causes of crime. Again criminologists have always differed in their views regarding crime causation. Heredity and Crime Lombrosian anthropologists through their biological and anthropological researches succeeded in establishing a correlation between heredity of the criminal and his criminogenic tendencies. The psychiatrists, on the other hand, located crime in mental depravity of the criminals. The psychologists explained crime in mental depravity of the criminals. The psychologists explained crime in terms of personality deviation.16 Lombroso was the first criminologist to correlate crime with the heredity of the criminal. His influence on contemporary criminologists was so great that they also accepted Lombroso’s view that heredity was the sole cause of criminal behavior of the offender. Lombroso asserted that there are certain criminals who imbibe criminality by birth. He called them atavists and held that such criminals were incorrigibles. He attributed this atavistic tendency in them due to hereditary influences. 17 14
Borhan Uddin khan, Oporadh Biggan Porichiti.3rd (Dhaka; Provati Prokashoni, 1995), pp.213 -15.
15
N. V. Paranjape, Criminology Penology, (Allahabad. Central Law publication, 2007), Ibid., p. 49.
16
Ibid. Ibid , p. 50. Ibid , p. 51. N.V. Paranjape, ibid, p. 51.
17 18 19
It must be stated that Lombrossian theory equating propensity to commit crime with physical built up has long been discarded. 18 Mental Disorder and Criminality The term mental disorder is also referred to as mental abnormality. It denotes that the mind is a state of confusion or is suffering from some disease. Studies have showed that that there is no evidence to prove that the crimes committed by criminals were induced by their mental disorder. On the contrary, crime statistics showed that quite a large number of criminals were persistent offenders and more than 66 percent of them had a past criminal record and 44 percent of them had previously been in prison undergoing sentence. But that as it may, law does take mental illness or insanity into account while determining the criminal liability of the offender. It is also taken into account in sentencing offenders where they are subjected to clinical treatment rather than being sentenced. Insanity has been recognized as a defense in most penal laws. The rules are recognizing the defenses of insanity in criminal law were first laid down in 1843 in the historic M’ Nag ten’s case.19 M” Naghten”s Rule of Criminal Responsibility In M” Naghten”s case A political maniac who wanted to shoot Britian”s foreign Minister Robert Peel instead killed his Pribate Secretary Drumond on 20th January, 1843 in daytime. The killer was declared to be mentally insance by the medical experts.20 Bio-physical factors and criminality Biological differences in human personality also account for criminality in human beings. The logic behind biological explanation of crime is that structure determines function and persons behave differently owing to the fact that they are somehow structurally different. Prof. Franz Joseph Gale to develop the doctrine of phrenology showing person. He first published his work on this topic in 1791. His disciple John Ghpser Spur he carried this doctrine to England and United States in early twenties of nineteenth century. An American criminologist Dr. Caldwell showed keen interest in phrenology and published his Elements of Phrenology in 1824. The doctrine underlined three basic propositions:(1) The exterior of the skull conforms to the interior, and to the shape of the brain; (2) The mind consists of faculties ‘and (3) These faculties are related to the brain and skull.21 Intelligence Testing and Crime There are two distinct types of mental defect, namely, amentia and dementia. Amentia literally means lack of mind and describes person who is born with a low intellect.
18 19 20
Ibid.
21
N.V. Paranjape, ibid, p. 54.
Robinson has suggested that retarded persons may be grouped as (1) mildly’ (2) moderately; (3) severely; and (4) propounded retarded persons. Criminality is mostly attributed to person with retarded intellect and not with severely or pronouncedly retarded ones. Alfred Binet carried out experiments in psychological laboratory on the persisting problem of retardation due to individual differences and introduced the concept of ‘Mental Age’ and ‘Intelligence Quotient and its influence on criminal behavior. Prof. German, an American psychologist worked further on the researches of Alfred Binet and observed that the idea of mental age is twelve years age can comprehend and tackle more difficult and abstract problems than an average young person. The same is equally true for other ages as well. With each year of age, ability continues to grow and develop constantly. Thus Intelligence Quotient is simply the ratio of mental Age divided by chronological age multiplied by 100 for each of numerical representation. Thus, the formula for determining intelligence Quotient is.22 Freud’s theory of Criminal behavior According to Freud, the ego does not exist at birth, but it is something the individual learns. For example, a baby learns that it is fed only after carrying and child learns to say please’ in order to obtain thing which he wants. Gradually ‘ego’ develops and starts controlling the temper i.e., id. The super- ego is largely part of the unconscious personality. It is the conscience which exists in the unconscious areas of mind. The super-ego thus characterizes the fully socialized and conforming member of society. It is the impact of moral and ethical attitudes of parents with whom the child has his or her earliest contacts and relationships which helps in formation of the super-ego.23 Thus, it would be seen that id demands pleasure, while the super-ego demands control and repression and both push ego towards its own as a result of this, there is conflict which is difficult to resolve.24 Psychological concept of crime Psychologists treat crime as a behavior learns by the criminal in course of his contact with different persons. Thus like sociologists, they seek to explain crime in terms of environmental circumstances. Lombroso attributed criminality to atavism which meant that criminals have savagery ancestral history and criminality in them is hereditary. Sutherland prefers to call as differential association, asserts that crime is learnt in association with other. It is clearly connected with Trade’s theory of imagination, that is, all men tend to imitate each other, the extent of imitation, however, depending upon how close are their contacts.25 Aristotle’s Four Laws of Association As to the law of similarity, Aristotle holds that persons following similar criminal traits come closer and associate themselves into bigger gangs. Again, the beginners learn patterns of their 22
23 24 25
Ibid., p. 55. Ibid, p. 58. Sigmond Freud, A General Introduction to Psycho-Analysis, (New York, 1935), p. 232. N.V.Paranjape, ibid, p. 58.
seniors and associate themselves with their criminal activities. Thus the psychological tendency to at in a similar ways by observing of imitating the behavior of other can make persons follow criminality in life. Likewise, contrast between criminals and non criminals as to their association and behavior also leads to strafes and clashes which ultimately aggravate crime. Law, of succession in time, Aristotle suggests that human conduct is a phenomenon that persists through unbroken links. That is to sat, various behavioral norms are followed from generation to generation in succession. Although with the change in time and circumstances these patterns may undergo a change, nevertheless, their basic values remain unchanged. Aristotle asserted that criminality is one of such norms which have been continued all over the world from ages although in varying degrees with changes in time and place. Finally he stressed that it is the desire for co-existence which causes delinquents to from their associations for helping each other in their criminal pursuits. Evidently, these trends have psychological effect which lends a person into criminality. 26 Juvenile Delinquency in Bangladesh Juvenile delinquency in Bangladesh The numbers of juvenile delinquents are increasing in Bangladesh; the rate is alarming in Dhaka city. One responsible source of police claimed that, 40 percent of the arrested criminals are juveniles. They are involved in theft, robbery, hijacking and extortion and they are involved in theft, robbery, hijacking and extortion and they possess different types of deadly weapons including fire arms. They are even involved in killing. In two months of 2002. The police arrested 40 young offenders, who were associated with hijacking. Moreover, young offender, committed robbery and extortion, were arrested. They were arrested with adult offenders. Arrested juveniles are members of organized criminal gangs. Not only hijacking and extortion, juvenile are involved in killing. Shihab, student of Motijheel School and Ambear Shamsi, another school student of Dhaka city were killed by young offenders. After kidnapping some of his class mates killed Amabar Shamsi, a student of class VII. Highly placed source of police informed that, juveniles are extensively utilized in the drug business. Drug dealer’s user the youngsters in carrying and selling drugs. 27 Causes of Juvenile Delinquency in Bangladesh Social transition, poverty, migration, broken family, surrounding environment, lack of parental control, impact of action movie are responsible for causing juvenile delinquency n Bangladesh. Many young children are migrating from villages to Dhaka and other large cities because of domestic trouble, rural poverty, landlessness, and violence. They are picked up by pick pocket gangs, shop keepers, hotel owners, pimps, and hooligans. Street children are exploited by elderly children, adults and others in position of authority. Another serious problem is the trafficking of children both within and outside the country. Moreover, the
26 27
Ibid., p. 59. Sheikh Hafizur Rahman Karjon, ibid., p. 369.
children of sex workers, orphans, and other who are social outcast are considered very vulnerable. 28 Social transition The growing industrialization and urbanization gave rise to the problem of juvenile delinquency in Bangladesh. Sociologists and criminologists consider delinquency as a result of transitional phase, a process through which majority population is transforming from peasants to industrial labor class. Mainly Bangladesh is still agro based country. Industrialization has not taken expected pace. In its transition from agriculture to industrialization, Bangladeshi society is undergoing rapids social change.29 Poverty Many people of this country are very poor. They live below poverty line in terms of the true indicators of poverty. Around 65 million out of 130 million people and they are amongst the world’s poorest. Bangladesh is the most densely populated country in the world with 900 people per km. Half of the population of Bangladesh are living in extreme poverty and are consuming less than the equivalent of 1,805 kilo calories per day. The human deprivation profile in Bangladesh is very high. Because of huge economic disparities large number of people in Bangladesh live below minimum subsistence lived. This economic pressure couples many children to invade in delinquent activities. Many sociological studies show that the lower one’s economic status, the greater he is vulnerable to arrest and incarceration. Living conditions in and around villages and cities were bevel very good. Rapid growth of population, a high rate of urbanization outpacing the development of resources and provision of facilities and services, had caused further deterioration. 30 Problematic Family Problematic family constitutes a principal cause for the deviation of the juveniles. Absence of father or mother due to death or divorce, lack of parental control, lack of home discipline, bad relation between father and mother, presence of criminal among the members of family are the principal indication of problematic family. Due to these problems the mental development of children remains incomplete, for which their behaviour become abnormal. The children of 8-14 age group take resort to crime when their parents fail to guide them properly. The parents and teachers should be more careful of the children so that they cannot get any chance get any chance to commit crime. Children and adolescents tend to follow bad activities of where if their families and environments are not healthy. 31 Migration People are migrating from villages to cities because of loss of land by river, and unemployment. They take shelter in slum areas, pavements and streets and remain deprived 28 29
Ibid. Ibid.
30
Sheikh Hafizur Rahman Karjon. Theoretical and Applied Crikinology, (Dhaka.; Palal Prokashoni, . 2008), p. 370. 31
Sheikh Hafizur Rahman Karjon, ibid., p. 372.
of basic necessities. Father and mother go out to earn their livelihood. Leaving their children uncared and attuned. In this situation politicians used children in dawn to dusk strike, and the children either picket or ransack cars of glasses of shops. Moreover, the criminals utilize children in pick pocketing and petty thievery. 32 Action Movie Action movie and satellite have negative impact on the mind set of the young boys and girls. The violence and sex depicted in the movies incite juveniles to go brother and to commit unauthorized activities.33 Chapter 3 SOCIAL CAUSES OF CRIMES IN BANGLADESH
What is Social Cause? The sociologists in the early twentieth century argued that the crime takes place in a society and crime is the product of social forces. Society is very basic to every individual in that different social institutions mould up and influence his behavior. Sociological theories consider society instrument to explaining all the behavior, with particular focus on criminal behavior. Their outlook is very wide and they bring almost all the social institutions, namely, family, education, economy and government to give meaning to deviation and delinquency. Some theories ponder over all the human behaviors are learned, criminal behavior is not an exception to it. This type of theories cast light on the process by which the learning of criminal behavior takes place. Cultures and subcultures, containing ideas supportive of criminal behavior, are also covered by those theories. Social cause is the general historical background of present day crime in terms of the social processes by which the criminality developed. This is, for the most pear, in the nature of hypothesis rather than demonstrated fact. Furthermore, the assumption is made that the actual incidence of crime is much greater than is indicated by the various statistics. As was mentioned earlier, much criminality is not prosecuted, and this lack of prosecution is biased in favor of the crimes of the well to do classes. This is partly because the well to do class are socially and politically powerful and can protect themselves against prosecution, and partly fraudulent crimes of this class as against the more direct and immediate crimes which have been in existence for centuries. These acts, however, are properly regarded as crimes and are probably much more prevalent and much more injurious to society than the robberies, burglaries, kidnappings, and murders which are direct and personal. 34 Initial Reasons of Crime in Society
32
Ibid, p. 373.
33
Ibid.
34
Sheikh Hafizur Rahman Karzon, ibid., pp. 150 -51.
Due to several reasons people from individual to group commit crime in a society. Because of some basic needs people commits such crime as like as lake of – 1. Food 2. Cloth 3. House 4. Education 5. Treatment Other reasons Poverty, parent’s infliction, economic decreasing, morality abolish, misguiding, local political misuse, broken Family, uncultured environment, social control etc. Individuals who are more strongly attached to parents, more involved in conventional activities, have more to loss from criminal behavior, and have stronger beliefs in conventional moral values, will tend to commit less crime. The restraints on an individual’s behavior that are found in the person’s immediate environment, self control theory focuses on certain stable characteristics that people have after age eight or so. People with low self control, and therefore a higher tendency to commit crime, tend to be impulsive, insensitive to other, oriented toward physical rather than mental activities, prone to take risks, shortsighted, and nonverbal. Labeling theories, by contrast, argue that people who become involved in the criminal justice system tend to be labeled as criminals by that system, rejected by law abiding people, and accepted as criminals but other criminals. All of this results in their taking on a criminal self concept, in which they come to think of themselves as criminals. Nature and Scope Family and crime Modern social scholars and psychologists are emphasizing on the role of the society to express personality and mind. Because of the experience and education from family of children and juvenile age becomes vital in his future life. Family teaches him about social regulation and social valuation what becomes significant in his future life. A child learns to evolutes his society from his parents, relatives, and preceptor. Child born in his family and becomes their. The family is the formal academy and life strength build their. A child born in his family and die also their. So the important things is where family is the institution to build up of child and to maintain a child if such maintenance becomes violate then the child falls in criminal tendencies because of several reasons, where family is the most important institution to restrain a child from criminal tendencies. But for various reasons family become fail to maintain such responsibility. 35 Different offence from different family Inadequate family 35
Borhan Uddin Khan, ibid., pp. 162-63
There are some families where there are not enough opportunity to overcome a life with ordinary mental expression. Such family can be said as inadequate family. 36 Poverty stricken family Recently we said that, economic week condition is responsible for the criminality. So it can be said that a poor family is responsible for criminality. In such family the parents of this family almost in maximum time stay out of house so the discipline, mental expression, necessary food, and enough treatment do not become in such kind of family. Lake of so important necessity such family members become bound to grow a criminal tendencies. 37 Broken family Many of the social scientists make liable the broken family to interpret the crime. Broken family means parentless little age’s child break of marriage, a family without father or mother one more marriage of father or mother. In such kind family normal mental expression is impossible. Because in such family children’s become rejected from love and lake of peace is regular in so family. 38 Inadequate paternal control There are a lot of family where the parents are so much conservative that they controls their children’s in so conservative way by which such children may be enough controlled or out of control. Any of both effects may fall upon them. 39 Criminal family There are a lot of families where the senior member of that family is engaged with some criminality. So in maximum time the children of such family become bound to engage themselves in criminality. Ultimately they break the law of the state. Here an important thing is the child is well known with the behavior and movement of the senior member of his family.40 Higher ambition and crime In a society almost all of the peoples have more or less one ambition that they will be higher classes of people by earning enough money. This is the most important reason to fall a person in illegal way. Though the ambition is not illegal but to reach in such destination in maximum time people becomes bound to run on illegal way which is crime from different focus.41 36
Ibid.
37
Ibid.
38
Ibid.
39
Ibid., p. 167.
40
Ibid.
41
Ibid.
Court prison and crime People face the court for justice. Again some peoples are faced the court for injustice. Many times the judgment of the court may divert from justice to injustice or contrary with the wish of the party. That time the justice seeker person after not getting justice may involve himself in criminality for injustice.42 Cultural conflicts In a dynamic society social change is an inevitable phenomenon. The impact of modernization, urbanization and industrialization in modern dynamic society may sometimes result in social disorganization and this may lead to culture conflicts between different sections of society. The difference may be between old and new values, local and imported values and traditional values and the government imposed values. The shift of population due to migration or immigration quite often affects the crime rate of a given place. The culture conflict between inhabitants and immigrants results in deviant behavior. In a recent study Ruth and Caver found that Eskimos who wee free from the problem of crime until recently, now frequently indulge into deviant behavior such as, loitering, drunkenness and sex offences due to their migration to urban areas and social contact with non Eskimos. The killing of thousands of people in Srilanka since 1986 due to ethnic riots and confrontation between the Liberation Tigers of Tamil Ealm and the militant forces the government is yet another illustration on this point. The Tamils in the country are fighting against discrimination for integration with Sinhalese population. 43 Political causes of crimes in Bangladesh Politics and its defects in Bangladesh Since the events of March 1971, Bangladesh has seldom been free from violence. While much of the recent attention revolves around religious extremism and militancy, political violence, as this paper argues, is a larger problem for Bangladesh. At every level of society, Bangladesh has had to confront with acts of violence. Lack of governance impedes the polity from effectively controlling violence, organized and unorganized, against different sections of society. Prolonged military rule, the perennial problem of political intolerance and growth of religious extremism have contributed to this trend. Violence is prevalent across the society but the state remains inert.44 Political Violence in the New Bangladesh 42
Ibid.
43
N. V. Paranjape, ibid., p. 73.
44
Kamrun Nahar, The testimony of the Past In An Evil power of Political violence in Bangladesh.2004 . [www.mukto-mona.com/Articles/Kamrun-nahar/bombing150206.htm> last visited on 23 June 2010]
The birth of Bangladesh and violence are intertwined in such a fashion that it is hard to separate the two. An estimated one million Bengalis died in the military repression that lasted until the defeat of Pakistan in December. Since then, violence has remained inseparable from Bangladeshi politics and society. If the struggle for liberation from West Pakistani domination raised the expectations of a free and non-oppressive state, postwar conditions proved to be conducive for violence and social unrest.45 Unfulfilled popular expectations resulted in the alienation of different sections of society from the mainstream and popular discontent. Previous history In independence war of 1971, freedom-fighters used bombs and mines to destroy culverts, barrages, police stations etc. aiming at the damage of communication system among the foes. There is the evidence that they used hand-grenades too in some operations. Thus people got the test, thrill and training of using bombs to show negative power. From then until now, innumerable incidents of bombing have occurred in our country, though the attackers were from different parties in different time. During the years of 1972-75, evidences of bombing incidents in different places of the country were found in the then newspapers. Government supporters and communist extremists attacked with bombs on each other in clashes, strikes, on party offices, government buildings, newspaper offices etc. Bomb attacks accelerated from January to March 1975 in Dhaka and many other places of the country. In the ruling period of Late President Ziaur Rahman, bomb-attacks continued in various places of the country. During the government of President H.M. Ershad, lethal weapons were made available in the hands of student wings of the then ruling party Jatiya Party; so bomb explosions became common on the campus of Dhaka University in 1985. Again, blasts occurred in strikes while opposition movements geared up in order to overthrow autocratic ruler Ershad in November 1990. After 1990, these incidents somewhat lessened for some years but gain.46 Recent IncidentsKadiani Mosque: Blast was targeted at the Mosque of Quadiyani community in Khulna in October. Quadiyani community is a minority sector in Bangladesh. In the recent years, incidents of bombing have increased drastically and dramatically. Those are not only taking huge lives, but creating fear also inside the hearts of people. A chronicle of major incidents is listed here.Udichi Concert: Time–bombs were exploded at Udichi Concert in Jessore in March. It took 10 people’s lives.47 Bomb-blasts occurred in/at CPB Rally at Paltan Maydan in January. (Several people were killed.) Ramna Batamul in Pahela Baishakh. (10 innocents were killed.) Baniachar Mission in Gopalganj. Narayanganj Awami League Office (19 died in June.) AL Rally at Mollarhat in Bagerhat in September. An Election Rally of AL Leader Suranjit Sengupta. 45 46 47
Ibid. Ibid. Daily Prothom Alo. ( March 7, 1999)[www.prothomalo.com last visited on 12 June 2010]
These are the worst of attacks conducted by religious extremist in the country in last few years. Their target is only the secular minded people and the political party and they also want to extinguish the spirit of the liberation war 1971.48 The major explosions occurred Roxy Cinema Hall and a circus party in Satkhira. (3 persons died) Cinema Halls in Mymensingh in December (19 innocent people were killed) Bomb-blasts occurred atThe Pagla Pir Mazar at Sakhipur in Tangail. A Madrasa Mess in Dinajpur in February. The Shrine of Hazrat Shahjalal (R): Two deadly blasts occurred – one on January 12 and the other on May 21. Oros (A Muslim Ceremony): There was a Muslim ceremony in the shrine of Hazrat Shahjalal (R) on January 12. Powerful bombs were kept secretly under the ground where lying about 200 camps of people. At night, explosions started, which took 3 lives (another 1 wounded person died later) and the number of the injured was more than 50. British High Commissioner Anwar Choudhury, newly appointed in Bangladesh, whose origin is from Sylhet, came to the shame shrine on May 21 to take part in the Friday prayer. After his prayer, when he came out of the Mosque of the Mazar, someone threw a grenade towards him. It dashed against his belly, rebounded and exploded. By chance, he saved his life. But 8 people died and more than 100 including British High Commissioner were wounded. Mass-Meeting of Suranjit Sengupta: There went on a meeting of Suranjit Sengupta, a central leader of Awami League in Dhirai of Sunamganj on June 21. Grenade attacks on that meeting caused 1 person dead and more than 50 people injured. Cinema Halls: Another incidents of bombing occurred in two cinema-halls in Sylhet named Manika and Rang-mahal on August 5. Gulshan Hotel: In the night of August 7, a strong bomb-attack (though later diagnosed as grenade attack) was staged in front of the Gulshan Hotel in Taltala in Sylhet, targeting the city mayor named Badar Uddin Ahmed Kamran. Though he could save his life by chance, about 30 persons were wounded. The severely injured leader of Awami League―Ibrahim Ali died later. The Anti-Terrorism Mass-Meeting of Awami League: On August 21, an anti-terrorism meeting of Awami League was going on in front of the Awami League Office standing on the Banga-Bandhu Avenue in Dhaka. A series of Grenades, measured up to 13, was thrown targeting Sheikh Hasina, former Prime Minister, from the top of the near building. 20 people including some central leaders of Awami League died and over 200 were injured. Bomb-Blasts in 63 Districts: It was the largest blast-incident in the history of Bangladesh, which simultaneously broke out in 63 districts out of total 64 at a time in the 17th August. Different newspapers published different number of bomb-blasts and of the injured. According to four largest national newspapers, these incidents of 300-500 blasts resulted in 2 killings and 100-200 injured. 48
Ibid.
All bombs were targeted to intimidate government and people, and placed in places of importance like the stair of Zia International Airport, Hotel Sheratan, the Supreme Court (Dhaka) etc, but mainly aiming at courts and government establishments. With all bombs, leaflets were left in the name of a government banned Islamic militant group named Jama’atul Mujahidin Bangladesh (JMB) demanding to the government for the replace of country’s democratic judiciary with the Islamic Law. Bomb-Attack on two judges: A deadly bomb-attack took two valuable lives of two judges cruelly on November 14. They were Senior Assistant Judges of the District Judge Court of Jhalakati one named Sohel Ahmed Chowdhuri (35) and the other named Jagannath Pare (32). On that day at 9 am, they were waiting for another judge by sitting in a microbus in front of the Judges’ Quarters located in Officers’ Para of Jhalakati District City for going to the court. The attacker Mamun, later arrested, threw a strong bomb inside the vehicle from a very close distance. He was later identified as a member of the suicide-squad of a banned Islamic49 Banned political Violent Groups Militant organization named Jama’atul Mujahidin Bangladesh (JMB) Suicide Bomb-Attack in the Court-Areas of Chittagong and Gajipur: Members of the suicidesquad of JMB attacked on lawyers, police, and ordinary people in the court areas of Chittagong and Gajipur at the same time on November 29. 10 persons including policemen, lawyers and attackers died. The number of the injured was over 150. Suicide Bomb-Attack at the Office of District Administrator: The Islamic militants piloted suicide-bomb attack at the entrance of the office of District Administrator called Deputy Commissioner (DC) in Gajipur on December 1. This incident took 1 human life and injured 30 including 3 journalists, 7 policemen and 8 lawyers. The young attacker was in the disguise of a traveling tea-seller with a tea-flask, inside of which he was bearing deadly bombs. Blast in front of Udichi and Shatadal: A blast occurred in front of the offices of two cultural organizations named Udichi and Shatadal in Netrakona district at 10:30 am on December 8. In this incident, 7 persons died and 50 were injured. A Letter of JMB was recovered from the spot of blast in which JMB demanded to replace Islamic Law with Democratic judiciary in Bangladesh.50 Religious Extremism Over the last decade, more specifically in the past few years, Bangladesh is evidently becoming more religious than ever before. The notion of being Islamic has gained increasing acceptance, legitimacy and popularity. In the post-Mujib phase, military dictators sought legitimacy through religion but since 1991, religious parties that were previously banned have gained much ground and have played an important role in different governments. Jama’at and Islami Oikya Jote are partners in the present BNP-led government. In tune with the growth of religious credence, even the secular Awami League has transformed itself. It is now subscribing to religious symbolism, a trend that was actually started by Bangabandhu 49 50
Ibid. Ibid.
himself. During the 2001 Jatiya Sangsad elections, the Awami League promised not to enact any legislation contrary to the Quran and pledged to establish.51 Terrorism and Islamic Extremism According to the Awami League report on ‘Growing Fanaticism and Extremism in Bangladesh’ released in February 2005, there have been 34 bomb blasts between 1999 and February 2005. Since the first major bomb blast in Udichi on March 6, 1999, such attacks have increased considerably in recent times and there were 16 such blasts in the last two years, of which the two most significant ones were on Sheikh Hasina at a rally in August 2004 and on SMAS Kibria on January 27, 2005. One can discern certain distinct patterns in the recent terror attacks that have taken place in Bangladesh. First, the bomb attacks were often aimed at causing huge casualties and hence the attackers targeted crowded places like cinema halls, cultural gatherings, and political rallies (mostly Awami League rallies). Second, such blasts have taken places at gatherings, which are often labelled by the Islamists as ‘un-Islamic.’31 The recovery of bombs from Jamatul Mujhahideen groups in Gaibandha in November 2004, were believed to be intended for a cultural gathering at Bogra.32 Also, all the recent bomb blasts have, according to senior investigation officers, seen the use of similar type of bombs.33 Moreover, people from different walks of life but with a common secular orientation have become the principal target of violent attacks. Those targeted pursue a secular lifestyle or are involved in cultural activities. They include the first Muslim British High Commissioner and other Awami League personalities such as Sheikh Hasina, Suranjit Sengupta, the Mayor of Sylhet and many other Awami League leaders.34 The sudden departure of the World Bank Country Director in Bangladesh, Christine I. Wallich, in mid-2004 was preceded by a death threat she received from unidentified Islamic militant groups. Though she has since returned to Bangladesh, the incident reflects the prevailing security situation in Bangladesh. Despite the increased violence against individuals, it is pertinent to note that none of the leaders of the ruling BNP or its alliance partners have been the target of such attacks. 52 Since the Udichi attack which took place when the Awami League was in power, Sheikh Hasina has accused the BNP and its Right-wing allies of condoning and encouraging external militant and terrorist groups inside Bangladesh. Given the escalation of terror and violence since the BNP victory in October 2001, the opposition, especially the Awami League, has intensified its accusations against the BNP-led alliance of turning a blind eye to the growing presence of Islamic extremism in Bangladesh. It is widely recognised that a number of transnational Islamic terrorist groups including the Al Qaida, have established a presence in Bangladesh.35 For instance, Indian investigations into the January 22, 2002 attack on the US Consulate in Kolkata, revealed international linkages between the Jaishe- Mohammed (JeM), Lashkar-e-Toiba LeT) and the Harkat-ulJihadi-Islami (HUJI) branches of Pakistan and Bangladesh. Indeed, the Asif Reza Commando Force (ARCF), which initially claimed responsibility for the attack, is essentially a criminal group allied to the HUJI in Bangladesh. 51 52
Ibid. Ibid.
The negative reactions to Islamic extremism have compelled the Jama’at, the principal beneficiary of the growth of Islamic undercurrents in Bangladesh to respond. Though the main ally of the ruling BNP, the Jama’at has the potential to emerge as an alternative to the two personalitydominated, family-oriented and feud-ridden political parties that dominate Bangladesh today, it is not prepared to undermine its painstakingly secured political legitimacy. At the same time however, concerns over the extremist leanings and linkages of Jama’at come against the background of the religious party making significant political gains.53 White Collar Criminality White collar crimes in BangladeshIn Bangladesh white collar crimes, in contrast to blue collar crimes, are on the rise. Here politics has criminalized and corruption has taken strong hold. Transparency International, a German based non governmental organization, has identified Bangladesh as the most corrupt country in the world for consecutive five years. People of upper socio economic class, ruling elites and people of different groups are committing white collar crimes. They are making huge amount of money by corruption, manipulation and abuse of power accusing severe detriment to national economy. The latest size of black money in the country stands at least taka 60,000 crores, a volume which is equivalent to one third of the gross national income. Their crimes are insufficiently focused, most of the time undetected and remain beyond the domain of legal process. They are very influential in terms of power and money. 54 Corruption of Politicians Politicians are the elected representatives of the people, repository of public confidence. As policy makers of the country, they are supposed to lead the nation towards a positive direction, to equip us for twenty first century. They should ensure good governance and for twenty first century. They should ensure good governance and true development of Bangladesh. Instead of dispensing their proper role., they are alleged to be involved I corrupt practices. As a class, politicians have been identifi8ed as the most corrupt section in many countries; Bangladesh is not an exception to this. In 2005, among the people involved in corruption 8.1 percent were elected representatives. Among them 43.5 percent were UP chairman, 27.1 percent were UP member, 11.8 percent were municipality chairman, 8.2 percent were members of parliament, 4.7 percent wearer ministers, 1.8 percent were ward commissioners, and 1.2 percent was city mayors. 55 Government high-ups in Bangladesh are involved in huge corruption, manipulation and abuse of power. Reports of newspapers have revealed series of corruption of the ministers of successive governments. As an outcome of their accusations against each other, politicians of major two political parties, Awami League and Bangladesh Nationality Party, constitute the largest class of white collar criminals. Their accusations reveal their involvement in ministers of Awami League government to have involved in corruption. On January 23, 2003 the four party alliance government irregularities, abuse of power and graft took place in different
53 54
55
Ibid. Sheikh Hafizur RahmanKarjon, ibid., p. 178. Transparency International Bangladesh, Corruption Database 2005, (July 5. 2006), p. 51.
ministries, including the office of prime Minister and all senior ministers of the government during 1996-2001.56 One Ward Commissioner of Chittagong City Corporation occupied government land of taka 30 crore by fraud and fake documents. 57 In the city area of Nowgaon some people have occupied government land of taka 20 crore. The people are patronized by influential political leaders.58 After wheat and oil scam, one Parliament member was involved I sugar scam. 59 Allegations were raised as to the financial irregularities of five crore in the construction of a Sluice Gate at Gomastapur upazila of Chapainawabgonj district.60 Corruption of Government Officials Corruption, bribery, and abuse of power are not related to any specific government of Bangladesh. BNP and Awami League governments cannot only be blamed for that, rather they have become inevitable part of the corrupt state mechanism and political culture. The amount of bribery and misappropriation of 24 ministries were 15 thousand crores taka during the last seven years. This was revealed in a report on February 4,2002 submitted by the comptroller and auditor general of Bangladesh. During the said period police took bribery of an amount of 2 thousand 66 crores taka and officials of lower judiciary 11 hundred 35 crores taka. In one of their report in 2002 , transparency International identified police department of Bangladesh as the most corrupt among all the departments. Lower judiciary placed the second position, public health sector third, education sector fourth and electricity sector fifth. 61
In 2005, among the people involved in corruption, 64.1 percent were government officers and staffs.62 During the last ten years, ten stare owned financial organizations did huge financial irregularities and corruption. In terms of money the irregularities were equivalent to taka 17 thousand 5 hundred crore.63 Corruption of Judges 15 judges were punished for their proved involvement in corruption. Out of them 4 judges were given forced retirement, four were recommended to be sacked. Permission of the High Court Division was sought to file departmental calls against seven judges. Among the judges two held posts equivalent cases against seven judges. Among the judges two held posts equivalent to District and session judge, four were additional district and sessions judges, seven were joint district judger and two were senior assistant judges. 64 The Bureau of anti corruption and intelligence branch had received allegations against eight judges about their involvement in taking bribery and corruption. 65 WEEK LEGAL SYSTEM, RESPONSIBLE FOR CRIME CAUSATION 56 57 58 59 60 61
The Daily Star, (January 24, 2001) [www.star.com last visited on 10 October, 2010] The Daily Dinkal,( December 6, 2002) [www.dinkal.com last visited on 10 March, 2010] The Daily Dinkal, (November 17, 2002) [www.dinkal.com last visited on 28 January, 2010] The Daily Janakantha,( November 21, 2002) [www.janakantha.com last visited on 10 February, 2010] The Daily Sangbad,( November 20, 2002) [www.sangbad.com last visited on 10 June, 2010] The Daily Inqilab, (April 23, 2004) [www.inqilab.com last on 20 March, 2010]
62
Transparency International Bangladesh, Corruption Database 2005, ,( July 5, 2006), pp. 47-51.
63
The Daily Janakantha,( January 11,2003) [www.janakantha.com last on 18 May, 2010]
64
The daily Sangbad,( December, 2004) [www.sangbad.com last on 10 June, 2010]
65
The Daily Bhorer Kagoj,( March 15, 2004) [www.bhorerkagoj.com last on 12 June, 2010]
More laws, less application This is one of the most import ant thing that, Bangladesh is a country where there are about 1500 of laws, but another impotent thing is that the lowest application in this country also. In spite of so many laws Bangladesh is the most failed country to apply the laws. I thing this is the most important matter of sorrow for this nation. For the proper laws a lot of country cannot maintain their crime causation but despite of having so many significant laws Bangladesh cannot stop their crime activities inside of the country. However some important reasons are behind for not being the application of law in this country. The problems of police The spurt of socio economic activities in has brought about revolutionary changes in the patterns of society. In the modern age of economic ac trinities no political awakening, the police have to perform arduous task of law enforcement and preservation of peace with utmost care and caution. Its main purpose is to protect the innocent from the depredation of criminals. This involves two main tasks is to act as the watch and ward to present crime and to chase out criminals who have committed crime and bring them before a court of law for trial and punishment. The criminals always try to outsmart the police and the police make efforts to find out the culprit by using scientific means. In this process the police are confronted with a number of problems. The problems faced by police during investigation render their job difficult, particularly because of lack of public cooperation and support. People are generally not wiling to testify against the offender due to risk of threats and violence and tiresome criminals law procedure. Secondly, people are most unwilling to help police in crime detection and apprehending the offender due to fear of possible harassment at the instance of police officials. Police has a very low profile in the eyes of public and there is a general distrust for them. Thirdly, the lack of sense of social responsibility among people is also one of the reasons for their apathy and callousness in not coming forward to help the police. Even in serious accident cases the Victim is not immediately removed to hospital till the arrival of police on the spot. Fourthly, the recent crime analyzation of politicians’ involvement provides undesirable protection to professional offenders and all sports of pulls and pressures are exerted on the police to e lenient with the offender and sometimes they are even compelled to drop the proceedings against the criminal. This has a demoralizing effect on police force which goes to the advantage of offenders. Fifthly, there is a general tendency on the part of courts to look with suspicion the evidence put forth by police. The provision contained in section officer is not admissible as evidence in a court of law. At times creates hardships to the police in the investigation work and establishing the guilt of the accused. The police organization is functioning under the police Act. The mounting problems of law and order and increasing incidence of violence have badly shattered the efficiency of the police administration. It is for this reason that the National Police commission in its report submitted in May, 1981 has suggested for a new draft police Act to cope with the new challenges but unfortunately nothing seems to have been done in this regard so far.
With a view to revitalizing the police administration, a number of states appointed commissions to suggest reforms in police working. But nothing substantial could be achieved because of a general feeling that police is an unproductive and unrewarding necessity. However, the appointment of the National Police on November 15,1977 was a welcome step which demonstrates beyond doubt that the Government are seized of the problem on a national level. The commission in its Eighth report has suggested valuable reforms in Police working. 66 Obstacles in The Way of Enforcement There are so many obstructions in this country to enforce law. In Bangladesh the Political parties are mostly responsible our foe enforcement of law I Bangladesh. It is because which parry becomes ruling party in the power session applies their abuse of power upon the rogation which apply law in different way. Especially executive are mostly becomes under the pressure of ruling political party to enforce law according to the wish of the leaders of ruling political party. This is why the employees of executive do that for the protection of their job. Again not only the political parties’ leaders are not responsible for this but also this situation is happened by the corruption in the concern higher executives. Conclusion Recommendation To combat crime correctional system should be introduced as a system of punishment. Rehabilitation should be ensured. To combat juvenile crimes family banding should be improved. Sometimes drastic punishment should be inflicted. Political nourishment must have to be stopped. Period of adjudication should be reduced. Punishment which has been declare should be inflicted properly. Corruption among the judges should be presented. Concluding Remark The causation of crime is an abstract matter. This is ever changing competing with the policies of the government. In countries like Bangladesh it is not different. Though the causation of crime is changeable, besides that some common causation of some crimes has been sought. In Bangladesh most of the crimes are occurring for poverty. Some religious extremists are committing some heinous crime like blasting bombs. Some foreign intelligences are using intentionally the religious sprit of the people of Bangladesh to destroy the acceptability of the state in International affairs. Most of the political leaders are corrupt and they use the professional criminals to gain political objects. This is why law enforcing agencies fail to combat crime in expected method. Political nourishment is the vital cause of crime in Bangladesh. If political nourishment could be cut, then 75 percent crime would be controlled. So the willingness of the government is a matter to curb crime. REFERENCE List of books: 66
N. V. Paranjape, ibid., pp. 290 - 91.
Borhan Uddin Khan, Oporadh Biggan Porichiti. 3rd (Dhaka: Provati Prokashoni, 1995). B.L. Das, Oporadhabiggan, Theoretical Criminology, Volume - 1, 2nd ed. (Dhaka: Kamrul Book). Edwin H. Sutherland, Principles of Criminology, 2nd ed. (Philadelphia:Lippincott Publishers, 1934) Kamrun Nahar, The testimony of the Past In An Evil power of Political violence in Bangladesh, 2004. Kader, Monzur Hussain and Md. Muajjem, Crimiology, (Dhaka: Suchona Publishers, 2008). N.V. Paranjape Criminology and Penology, 12th ed. (Allahabad: Central Law Publication, 2007). Sheikh Hafizur Rahman Karzon, Theoretical and Applied Criminology, (Dhaka: Palal Prokashoni, 2008). Sigmond Freud, A General Introduction to Psycho-Analysis, (New York: American Psychological Association, 1920). Journal 1.Transparency International Bangladesh, Corruption Database 2005, ( July 5, 2006), pp. 47-51. List of Newspapers The Daily Star The Daily Sangbad The Daily Janakantha The Daily Bhorer Kagoj The Daily Dinkal The Protham- Alo List of Web Addresses 1. 2. 3. 4. 5. 6. 7.
www.janakantha.com www.sangbad.com www.bhorerkagoj.com www.dinkal.com www.inqilab.com www.prothomalo.com www.mukto-mona.com