Ending discrimination through legal measures

ARTICLE 27 of the Constitution of Bangladesh entails the phrase 'equality before law'. Therefore as Bangladeshi nationals, our inherent right is to be treated equally as humans regardless of any other factor. As of 2009, National Human Rights Commission was established by National Human Rights Commission Act 2009, allowing Bangladesh conform to international human rights standards. However, at this day and age, can you imagine of a situation where you are discriminated on the grounds of your identity? Seems unlikely but unfortunately it does exist as a bitter truth for over 6.5 million people in Bangladesh.
Individuals from the Dalit – 'untouchable' community have to face such discriminations every day as a normal aspect of their lives. And as there is no specific directions against 'untouchability' in our laws, the sufferings of Dalits are unable to invoke protection from the legal system.
Generally, the misconception is that maintaining castes system exists only within the Hindus. This is far from the truth as Bangladesh's ancient cultural heritage derived from its roots upholds the 'untouchability' issue despite any cast, creed or religion. It might not be an established 'caste-system' as such but the 'caste mentality' prevails through accepted social norms of patronage and hierarchy.
Traditionally identifying as Hindus, some Dalits have converted to Islam or Christianity in recent times but it has failed to change their life of deprivation. The members of Dalit community were assigned menial jobs by the ancient dominant classes and their descendants still cannot break through to other occupations due to the inherited social stigma. Therefore irrespective of their religion: be it Hindu, Muslim or Christian, the Dalits have been deliberately exploited and oppressed throughout generations. These discriminations are so wide-spread and accepted that the society does not question the practice of it even though the constitution's ban on discrimination is not imposed. As a Dalit, you will be told of the areas you can and cannot live in, the schools you can and cannot attend the people you can and cannot mix with, and even the burial grounds you can and cannot use!
Thus, the living conditions of the Dalit community are far below the poverty line with very limited access to housing, health services, employment and education. According to a study conducted by Indian Institute of Dalit Studies (IIDS) in 2007, over 62% of the Dalit community were illiterate and it has not improved drastically in the last seven years. As poverty forces the Dalit community to maintain a stable household income, education remains as an unattainable luxury. Therefore the newer generation of Dalits are mostly unable to ensure a better future through education and continue to be the ever-newer faces of the illogical 'cast mentality' discrimination. However, majority of the Dalits who dare to achieve educational qualifications, are forced stick to their fore fathers professions due to the co-relations between employment and social standing.
In order to combat such a blatant breach of the constitutional rights in mid-2014 the Law Commission articulated a draft Anti-discrimination law. The draft law seeks to define 'discrimination'; provide legal and state protection to such disadvantaged minority groups; treat such accepted notions of discrimination as punishable crimes – up to 10 years' imprisonment applicable to both organisations  (Government and/or private) and individuals; and take positive steps to improve the general lifestyle of those minority groups – by including them in the national census. Through the draft law, complaints against discriminations may be lodged directly to the NHRC and cases can be filed to the court. It also advocates the formation of an 'Anti-discrimination crime cell'. The draft law also suggests certain conditions whereby a speedy justice may be ensured.
After a thorough reading of the draft law, it seems optimistic for the Dalits even though it acts as an umbrella law by taking into account other forms of discriminations including religion, race, gender and physical disabilities. In summary the draft law seeks to incorporate the much-awaited protection against discrimination. However in a country where equality is an aspiration, a solid Anti-discrimination law will pave the way for a compassionate and equal society.
It will work as a deterrent for individuals and organisations who have come to accept such grave breach of rights are a mere social norm. In light of this, it is very important in the sake of global development and humanity – that the government of Bangladesh applies it impartially and awards it the deserved attention thereby restricting everyday practices of social discriminations disguised as heritage.

The writer is a Barrister, Lincoln's Inn, UK.