Abstract

The Torture and Custodial Death (Prevention) Act, 2013 [হেফাজতে মৃত্যু নিবারণ আইন, ২০১৩] was enacted in the midst of protest by the law enforcement agencies. This law safeguarded the fundamental right guaranteed under Article 35(5) of the Constitution. This Act is a protection as against inhuman, cruel and degrading treatment in custody. There is track record of custodial torture, abuse and death by the law enforcement agencies in our jurisdiction. In the landmark judgment of BLAST vs. Bangladesh, reported in 69 DLR (AD) 63, the Apex Court praised the enactment and the provisions of this law. This law specifically provided the definition of mental torture, lodging complaint by the victim, judicial inquiry and safeguard to the complainant and punishment for the perpetrators. This law is the first of its kind in this sub-continent. The due observance of the provisions of this law would certainly ensure the fundamental rights guaranteed under the Constitution.