Enforcing shutdown while ignoring transmission chances

States can enforce laws and restrict public movement in order to protect public interest. Starting from 2020, there have been several lockdowns declared and enforced by the government of Bangladesh. Recently, from 1 July, upon the recommendation of NTAC, Bangladesh went on a 14-day strict lockdown with a new name this time, ‘shutdown’. Currently, due to Eid preparations, the government decided to withdraw the restrictions and enforce them again from 23 July.

It is pretty obvious that maintaining social distance is extremely crucial in order to restrain the growth of transmission. But on whom does the liability rest when the enforcement mechanism itself seemingly fails to accommodate the requirements? The discussion gets pretty contradictory.

While the lockdown was being enforced, a report from a national news portal went viral that those breaching the lockdown were taken into police custody, due to violating the laws. They were not getting room to even stand in the courtroom and thus were kept in prison vans. A total of 646 of them were taken into Chief Metropolitan Magistrate’s court. Usually there are 2-3 types of prison vans that are used to transport the prisoners. There are vans like buses, which have the capacity of containing around 40-60 persons altogether. Vans like trucks have the capacity of maximum 40 persons and vans like semi-trucks have the capacity of holding 30-40 persons at once. Surprisingly, no fixed capacity was mentioned about the said prisons. It needs no telling how unhygienic the environment of the courtrooms as well as the prison is, let alone the prison vans.

Article 3(1) of the Prisoners Act 1984, includes any jail or place used permanently or temporarily under the general or special orders of the government for the detention of prisoners as prisons and includes all lands and buildings apartments thereon. Section 1 of the Prison Security Act 1992, states that, any person, who, due to the violation of any existing law of the territory, has been confined in jail or prison under a lawful order of a competent court or tribunal, shall be called a prisoner. Article 35(5) of our constitution states that, "No person shall be subjected to torture or to cruel, inhuman or degrading punishment or treatment."

Shouldn’t it fall under the state's liability to ensure an atmosphere for the prisoners where there is no chance of transmission while enforcing restrictions over public movement while taking them into police custody? Otherwise, the whole custodial and enforcement action proves gets impractical and ambiguous.

Being a densely populated country, Bangladesh already received warnings from health experts regarding a massive outbreak. Till 19 July, a total of 1,103,989 Covid cases were confirmed, while 225 new deaths are to be added to the total losses.

The International Committee of the Red Cross (ICRC) in Bangladesh has been working with the Prisons Directorate to strengthen the support to prisons in view of COVID-19, renovating and reequipping three COVID-19 isolation centres. But according to sources, still there is only one doctor for every 10,000 of the prison population. The insufficiency is no different than our entire health sector.

The Standard Minimum Rules for The Treatment of The Prisoners, widely known as Mandela Rules laid down the requirements in Rule 45 (2) and (3), where it has been made clear that in terms of Removal of Prisoners, providing adequate amount of light and ventilation is required and it shall fall into the administration’s liability to bear the expenses while providing equal conditions for each of them.

While maintaining social distance, it is extremely important to stay at least 1 metre away from the next person in order to reduce the risk of transmission while coughing, sneezing or speaking, while maintaining a greater distance has been encouraged.

Breaching laws for once does not make this fair enough that they would be taken into even riskier conditions. The prisoners' rights have failed to reach the attention of the concerned for so long. The world has just celebrated Mandela International Day on 18 July, the sole purpose of which is to increase awareness regarding the prisoners' rights as well as to promote humane conditions of imprisonment. Thus before the next shutdown starts, authorities must be urged to ensure more prison vans to carry the custodians considering the nature of the disease and also to consider the transmission chances in courts. Only then a proper and meaningful 'shutdown ' can be ensured.

Munirah Jahan is a student of the law and Bangladesh University of Professionals. She can be contacted at munirahjahan71@gmail.com