Bangabandhu's Family Protection Law Repealed

The "Protection of Family Members of the Father of the Nation Act, 2009," a law designed to safeguard the family of Bangabandhu Sheikh Mujibur Rahman, has officially been repealed. On Monday, September 9, President Shahabuddin promulgated the "Security of Family Members of the Father of the Nation (Repeal) Ordinance, 2024," putting an end to the 2009 law.

This decision followed the approval of the draft ordinance in an advisory council meeting on August 29. During the meeting, it was argued that the law created a special provision for a single family, which constituted blatant discrimination. The interim government, in light of the recent student-led anti-discrimination movement, vowed to eliminate all such unequal measures.

Since the country is currently without a parliament, the repeal was executed via presidential ordinance, subject to final approval by the Legislative and Parliamentary Affairs Department.

Notably, the Special Security Forces Act 2021, which provided the same level of protection to the family of Bangabandhu Sheikh Mujibur Rahman as VVIPs like the President and Prime Minister, has also been amended. This change effectively revoked the special security and housing facilities previously granted to former Prime Minister Sheikh Hasina, her sister Sheikh Rehana, their children, and grandchildren.

Enacted during the Awami League's tenure in 2009, the Protection Act had provided lifelong SSF security to the two surviving daughters of Bangabandhu, ensuring their safety as VVIPs. Under this law, SSF personnel were authorized to use force if necessary and could arrest individuals deemed a threat, with immunity from prosecution unless sanctioned by the government.

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In the aftermath of Sheikh Hasina’s resignation on August 5, amid a wave of public protests, a writ was filed in the High Court challenging the constitutionality of sections from both the 2009 Act and the 2021 SSF Act. The writ called into question the legality of providing such extensive protections exclusively to the family of Sheikh Mujibur Rahman.

Sections 2(b), 2(c), 8(1), 8(3), 8(4) and 9(2) of the “Protection of Family Members of the Father of the Nation Act 2009” and “Special Security Forces Act 2021” in the writ; Writs have been filed to declare them unconstitutional and invalid where the family members of Father of the Nation Bangabandhu Sheikh Mujibur Rahman are written.

The defendants named in the case include the Law Secretary, Home Secretary, Finance Secretary, Director General of Special Security Forces, and several family members of Sheikh Mujibur Rahman, including Sheikh Hasina and her relatives.