Special Security Force Act, 2021: Privilege or Protection?

In 2009, the Father of the Nation Bangabandhu Sheikh Mujibur Rahman’s Family Members Security Act was enacted, granting special protection to his family members. Defined by law, this includes his daughters, grandchildren, and their spouses or descendants. The Special Security Force (SSF) is mandated to provide protection even when none of these family members holds a VVIP (Very Very Important Person) status. While the law grants exclusive protection, it raises constitutional concerns. Articles 27 and 31 of the Bangladesh Constitution guarantee equality before the law and equal protection of the law. However, these special privileges challenge this principle, contradicting Bangladesh’s democratic framework and international norms, such as Article 26 of the ICCPR (International Covenant on Civil and Political Rights). The Special Security Forces Act 2021 replaced an earlier ordinance, further solidifying security measures for the Sheikh family. Sections 8 and 9 allow SSF members to arrest or, under certain circumstances, kill any person deemed a threat near the family’s residence without a warrant. This provision is criticized for its vagueness, which could lead to misuse and violate fundamental rights, particularly Article 31 of the Constitution. The level of protection provided to the Sheikh family is reminiscent of protections given to royal families in constitutional monarchies, such as the British Royal Family. However, in the UK, protection is limited to working royals during official duties, and their legal status does not impede potential legal actions. In countries like Sweden and Norway, royal families receive security only during public duties or events. Unlike in Bangladesh, these protections do not extend into private lives or imply legal immunity. In contrast, Bangladesh’s protections could hinder legal proceedings, offering near immunity and challenging the rule of law. The comprehensive and continuous protection for the Sheikh family raises concerns about the equality of all citizens under the law.

These special protections are seen as a threat to democratic values in Bangladesh, potentially leading to unequal treatment under the law. Critics argue that such laws contradict the very essence of a democratic society, where all citizens should be equal before the law, regardless of their background or status. The protections granted could create a dangerous precedent where certain families are placed above the law, undermining the rule of law.

The Sheikh family is given great protection even though they do not hold any official post; the imprecise clauses of the Special Security Forces Act offer major openings that might be taken advantage of. The lack of judicial oversight and the potential for these laws to be used as a shield from accountability go against the core principles of democracy and equality.

But when some people are above the law, can a nation really maintain its democratic ideals? Where does the average person fit when the scales of justice lean in the direction of a few? When does this unequal treatment stop, and how can we make sure that security policies do not violate the rights of every citizen, therefore maintaining the integrity of our judicial system for everyone, regardless of position or background?

Sources:

1. Law on security of Bangabandhu family okayed | The Daily Star
2. Royal Family Security: Which Royals Get It And How Does It Work | The List
3. Reception and Securty | The Royal House of Norway
4. Gazzets Archive- Bangladesh Govt. Press
5. গণপ্রজাতন্ত্রী বাংলাদেশের সংবিধান- Laws of Bangladesh