On August 5, Bangladesh underwent a significant political upheaval as the government was overthrown in a revolution. On the same day, former Prime Minister Sheikh Hasina resigned and left the country. Protesters' demands led to the establishment of an interim government, with Dr. Muhammad Yunus serving as Chief Advisor. The public, filled with anticipation for a new era, widely hoped that this new administration would eradicate vandalism, discrimination, looting, corruption, and violence while restoring the rule of law. However, a disturbing wave of mob justice has shaken the country instead of bringing stability, leaving the public deeply disillusioned.

Does mob justice establish justice or the rule of law in society? The answer is no; it does the opposite. When mob justice becomes the norm, the stability and integrity of the entire country are jeopardised. Such lawlessness threatens to plunge the nation into civil unrest, pushing it closer to the brink of a failed state. 

The rule of law is a cornerstone of governance, establishing state legitimacy through accountability, transparency, and protecting citizens' human rights. Without implementation, these rights would remain mere rhetoric. However, the rise of mob justice, where individuals bypass legal processes to exact swift punishment on suspected offenders, directly threatens this principle. 

Mob justice not alien to Bangladesh

Undoubtedly, mob justice in Bangladesh is a significant threat to the rule of law and human rights as it violates the fundamental rights to life, liberty, and security that the Constitution of 1972 and international conventions guarantee. Although Article 31 of the Constitution 1972 guarantees the right to legal protection, and Article 35 guarantees the right to a fair trial, pervasive mob violence persists unabated. This directly opposes Bangladesh's obligations under the Universal Declaration of Human Rights 1948 and the International Covenant on Civil and Political Rights 1966, guaranteeing the right to a fair trial and the presumption of innocence. Mob justice violates national laws, too, such as the Penal Code 1860, Code of Criminal Procedure 1898, Special Powers Act 1974, Metropolitan Ordinances, and Cyber Security Act 2023.

Is mob justice an alien concept in Bangladesh? The answer is no. In the past, alleged thieves and robbers were subjected to violent mob beatings. But this time, there have been incidents of forcibly making teachers of educational institutions, university vice-chancellors, and heads or officials of various institutions resign, driving them away through beatings, attacks on defendants in court premises, vandalism of places of worship of people with opposing views, destruction of mausoleums, and even killings by beating and stabbing on university campuses. The alarming trend has brought the term "mob justice" into sharp focus. An enraged mob desecrated and destroyed a grave in a particularly shocking incident. Such acts raise serious concerns about the state of social order and the extent of lawlessness in the country. As these incidents continue to unfold, they highlight a growing crisis in which not even the sanctity of the dead is respected, posing urgent questions about the state of collective morality and justice in Bangladesh.

Mob justice can be understood through Tylerian procedural justice theory and liberal democratic theory. Tylerian theory suggests that people resort to mob justice when they experience procedural injustice, as fair treatment by authorities fosters respect and compliance. Liberal democratic theory posits that citizens follow laws when the government is accountable and upholds legal principles, which lends legitimacy to the legal system. When this trust is absent, people may bypass the judicial system, perceiving it as unfair or inconsistent, and take justice into their own hands.

Conflicting messages from government

Following the recent revolution, Bangladesh established an interim government that appears to align with the aspirations of the revolutionaries. Yet, a troubling rise in mob justice overshadows the transition. Dr. Muhammad Yunus, the head of the interim government, has urged citizens to refrain from taking the law into their own hands. This surge in vigilantism raises critical questions: Why are people losing faith in the current criminal justice system despite having their preferred government in power? What drives them to bypass legal channels and assert control? Do they feel entitled to disregard the law, or is this a sign of deeper dissatisfaction, signalling a desire to challenge the government's authority and test its resilience in these early days?

The Attorney General of Bangladesh recently announced, "From July 36 (August 5) to today (September 21), no one in Bangladesh has been a victim of extrajudicial killing. The primary credit goes to our esteemed professor, Dr. Asif Nazrul, under whose leadership this has been achieved." This statement appeared to celebrate a significant milestone for the interim government. However, just days earlier, on September 19, Dr Asif Nazrul, the Law Adviser, condemned recent incidents of mob violence (killing) at two prominent universities, Dhaka University and Jahangirnagar University, warning that such acts would not be tolerated and that the government would take a firm stance against them.

These seemingly conflicting messages may raise questions: Does the government’s rejection of extrajudicial killings extend to mob justice? Will these kinds of discrepancies allow the offenders to take the law into their own hands? If responsible officials fail to take decisive action against offenders, the problem persists.

The current government came to power with promises of systemic reform and state reorganization. However, the alarming rise of mob justice across Bangladesh suggests a shift from reform to revenge. Since the police returned to duty on August 11, 21 people have been beaten to death in 38 days, with only eight arrests. This highlights the failure of law enforcement to curb mob violence. If the government continues with warnings but no concrete action, the situation could spiral into civil unrest. As trust in state protection erodes, people may take justice into their own hands, risking a cycle of violence that could lead to civil war. The government must act decisively to prevent further destabilization.

Risk of descent to mob rule 

This culture of lawlessness has infiltrated every sector, with people taking matters into their own hands whenever dissatisfied while the government remains passive. Even court premises, once seen as the safest place for justice, have been violated, as defendants are attacked under police watch. These incidents erode public trust in the judiciary and threaten the collapse of the legal system.

Despite a clear understanding of the growing threat of mob justice, the authorities appear reluctant to take decisive action, confining their response to issuing threats. This hesitation raises crucial questions: What prevents the government from taking strong measures to curb mob violence? Why, despite full awareness, do they avoid addressing these issues head-on? Does sympathy toward certain groups or factions drive this inaction?

These concerns demand urgent attention. If the army’s deployment with magisterial powers fails to control mob justice, Bangladesh risks descending into chaos and mob rule. The government cannot ignore this reality. Failure to act will overshadow any progress made and without decisive action the country’s immense potential could be lost, leading to its collapse into a failed state.

(The author is a PhD student of criminology, at the University of Manchester, UK. Views are personal. She can be contacted at moniranazmijahan@yahoo.com)