| The Special Powers Act, 1974 | |
|---|---|
 | |
| Constitution of Bangladesh | |
| |
| Citation | Act No. XIV of 1974 |
| Passed by | Jatiya Sangsad |
| Passed | 9 February 1974 |
| Legislative history | |
| Bill citation | The Special Powers Act, 1974 (ACT NO. XIV OF 1974) |
| First reading | 29 January 1974 |
| Second reading | 6 February 1974 |
| Third reading | 9 February 1974 |
| Status: In force | |
Special Powers Act, 1974 is a law of Bangladesh. The law allows the government of Bangladesh to detain people indefinitely without charging them with anything.
The law was passed in 1974 to replace the repealed Security Act of Pakistan,1952, the Public Safety Ordinance of 1958 and the Bangladesh Collaborators (Special Tribunals) Order, 1972. [1] The law targets smuggling, hoarding, and damaging actions. [1] The law allows the government to detain on preventive ground. [1] Awami League dominated Bangladesh Parliament passed the law on 9 February 1974. [2] The Awami League was criticised for passing the law. [3] The law was opposed by Ataur Rahman Khan and Abdus Sattar. [2] Individuals can be up to six months without being charged and indefinitely if endorsed by the advisory board. [2] Bangladesh Nationalist Party maintained it when they came to power despite promising to remove it in their election manifesto. [2] [4] Sheikh Hasina called for its removal but after becoming Prime Minister called it useful. [2]
In 1990, section 16(2) of the act was repealed through an amendment but police were filing cases under the section into 2018. [5] Bangladesh High Court ordered police to stop using the section since it was removed through an act of parliament. [6]
In December 2020, Bangladesh Police charged four under the act for vandalizing a statue of Sheikh Mujibur Rahman. [7] In 2022, the government was asked to use the act to take action against food hoarding by traders. [8]
In 2022, Bangladesh Jamaat-e-Islami has called for the law to be repealed along with Anti-Terrorism Act, 2009 and Digital Security Act, 2018. [9] Bangladesh Nationalist Party has also called for the removal of the law. [4] [10] An editorial in The Daily Star described the law as "draconian" used by governments to harass their political opponents. [11] Human Rights Watch has urged the government to repeal the law citing human right concerns. [12]
The history of Bangladesh dates back over four millennia to the Chalcolithic period. The region's early history was characterized by a succession of Hindu and Buddhist kingdoms and empires that fought for control over the Bengal region. Islam arrived in the 8th century and gradually became dominant from the early 13th century with the conquests led by Bakhtiyar Khalji and the activities of Sunni missionaries like Shah Jalal. Muslim rulers promoted the spread of Islam by building mosques across the region. From the 14th century onward, Bengal was ruled by the Bengal Sultanate, founded by Fakhruddin Mubarak Shah, who established an individual currency. The Bengal Sultanate expanded under rulers like Shamsuddin Ilyas Shah, leading to economic prosperity and military dominance, with Bengal being referred to by Europeans as the richest country to trade with. The region later became a part of the Mughal Empire, and according to historian C. A. Bayly, it was probably the empire's wealthiest province.
Politics of Bangladesh takes place in a framework of a parliamentary representative democratic republic, whereby the Prime Minister of Bangladesh is the head of government and of a multi-party system. Executive power is exercised by the government. Legislative power is vested in both the government and parliament. The Constitution of Bangladesh was written in 1972 and has undergone seventeen amendments.
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