Reviewing The Views
Banning communal politics
Attacks on Bangladesh minority continue"(BBC), “minorities at receiving end in Bangladesh violence” (www. Indianewsheadlines.com) these are some recent international news regarding the current condition of minorities in Bangladesh. This is the most unexpected and disgraceful moment for us which is alarming the ongoing situation which needs to be cured and handled with most concern.
"The state shall not discriminate against any citizen on grounds of religion, race, caste, sex or place of birth" (article 28, of The Constitution Of republic Of Bangladesh). This is a constitutional promise from the state for its people, its citizen. Bangladesh is a secular state comprising of Muslims, Hindu, Buddhist and Christians. So when we mention the word “people” it includes men of all religion belonging to the state. With the mentioned article of our constitution, we are not saying that our state is discriminating but we have to admit that the state to some extent has failed to provide sufficient safety for our minority groups. And it is not only the failure of state but it is the breaking down of our mentality to develop an equal margin for all communities. From 1971 till 2013 in all crises our minority community becomes the victim of communal grip. After 1971, the biggest attack on Hindus was in 2001. Hindus in Bangladesh are generally tended to vote for Awami League, being the most liberal political party. And that is the main reason why they have been the main target by the supports of parties opposing Awami League. After the general election on 1st October 2001, Hindu people living in Barisal, Bhola, parts of Pirojpur, Khulna, Satkhira, Jessore, Commila, Goplalgonj have suffered the worst. Their homes were burnt, people were beaten, their properties were looted, a reported number of Hindu girls were abducted (Nohata in Shreepur of Magura District) and most sensitive part was the Hindu women were raped in an increasing number. One of another major communal violence occurred in 2012. It was probably the first attack on Buddhist minorities of Bangladesh. Buddhist communities who have had a peaceful coexistence with Muslims and Hindus for centuries have seen the horrible and aggressive face of some fundamentalist Muslims who burnt 12 temples, damaged 50 houses. Now the questions are why these minority groups are always targeted, who are the wrongdoers, do they belong some alien force or they are some of our own people? Probably we all know the answer. There are same names and same faces that have been controlling the remote control of this destruction from 1971 till 2013. The recent atrocities have been treated as the reflection of the anger of their defeat in 1971. They are the people who politicize religion for their personal benefits. They are far away from notion and true morality of Islam but for want of power and position they are using the tag of religion as nothing but a weapon. They are the groups who are using the word “Islam” with their name just to utilize the sentiment of some innocent people since Pakistan period. To reveal the truth we have to start from the history of 1971. After 1947 when Indian subcontinent was divided we got a new identity, a new state was born named "Pakistan" comprising East Pakistan and West Pakistan. And in spite of 1200 km distance, different language, different culture, Bengal was added with Pakistan just on the basis of religion. But religion was not sufficient to build a bridge between the people of two provinces. And that is why after all kind of exploitation and discrimination from the rulers of West Pakistan just within 24 years we could realize that we want our self-identity, we could feel the thirst for freedom. In 1971 with the great leadership of Bangabandhu Seikh Mujibur Rahman and great bravery and heroism of our freedom fighters, we achieved our independence. During the Pakistan period there were mainly four political parties active against the liberation of Bangladesh, Theses were- Jaamat-e-islami, Nezam-e-islami, Pakistan Muslim League and Pakistan Democratic Party. And these political parties opposed our independence war. They formed auxiliary bodies like: "Peace committee", "Al-Badr", "AL-Shams" and "Razakars". Peace committee was an organization which was set up by the local collaborators and most important to mention that Ghulam Azam was one of the members of whom led from the front. Then Al-Badr recruited its members from public schools and madrasas and this unit was mostly used for special operations. Al-shams was a paramilitary wing of several Islamic parties of East Pakistan and it was basically an establishment by Nezam-e- Islami and Muslim League. And finally the most powerful creation against the freedom fight and the freedom fighters were "Razakars". "Razakar" is an Urdu word which means volunteer and they proved the meaning of their name. These razakars provided great assistance to the Pakistan army force in all manners. From capturing our women and providing them to the Pakistani army for sexual pleasure till the massive killing of our intellectuals on 14th august shows their loyalty towards Pakistan. That is how they betrayed and drawn a shameful chapter in our history. So literally all the members of these anti liberation force were from the Islamic political parties and after the liberation war most of them were either escaped, or left Bangladesh. But the people of independent Bangladesh demanded their punishment, punishment for their conducts during the liberation war in 1971. Through the nine months of liberation war we had to pay priceless cost through the life of our 30 lac innocent people through the untold sufferings of our 2 lac sisters, daughters and even mothers who were raped by the Pakistan armies. And in theses ultimate disaster these razakars, al-badr, al-shams were equally responsible and guilty of atrocities. So their punishment became an ultimate need and demand of all of us. Under the Presidential Order No 8 of 1972; The Bangladesh Collaborators (Special Tribunal) Order 1972 came into force. Before 1973 we did not have our national parliament started, that's why this was done by a Presidential Order which was later approved by the parliament on 1973 and the Order was designed to punish those who had collaborated with, or otherwise provided aid as well as abated with the Pakistan armed forces. 37000 people were arrested under The Collaborators Act, 1972 for trail and punishment. And later on The International Crime (Tribunal) act, 1973 was passed on 20th July, 1973. This act was passed to provide for the detention, prosecution and punishment of persons for genocide, crimes against humanity, war crimes and other crimes under international law. On 30th November 1973 the government of the People's Republic of Bangladesh declared a general mercy for the accused people charged with petty crimes and the number of such people coming under the amnesty was approximately 26,000. But very few people knows the most imperative side of this declaration that "the persons who were convicted under section 302(murder), section 304(culpable homicide), section 376(rape), section 435(damage by using explosive and bullets) section 436(burn homestead) and section 448(set fire in water transport and explosion) shall not be subject to general mercy by the government. So, 11,000 accused war criminals were still held behind bars for trial but after The Collaborators Act, 1972 was repealed by President Ziaur Rahman on the 31st December, 1975, left portion of war criminals were set free and therefore were given all political and civic rights.
After being politically and socially rehabilitated by the military regime of General Zia, they again started their propaganda. As a result, unttill 2013 we have witnessed many heinous communal activities by the evil forces. But we were helpless and had to resist the bitterness of their existence because after the independence these political parties were never banned. But a very strong point can be raised that a political party holding the name of a specific religion may become contradictory with our constitutional provision. Because if we look at our constitution Aticle 12 of the Constitution states- "the principle of secularism shall be realized by the elimination of-(a) communalism in all its form (b) the granting by the state of political status in favour of any religion (c) the abuse of religion for political purpose (d) any discrimination against, or prosecution of, persons practicing a particular religion. All the provisions and especially (c) is more important to focus on. Article 38 of the Constitution also becomes relevant where politicization and terrorize of religion is prohibited. That's the reason that there have been a demand from different societies to ban the political parties engaged in communal activities and in last few days it has become a demand of the nation. The political party which is accused of being involved in crime against humanity during 1971 according to the International Crimes Act (Tribunal) 1973 may come under this consideration, because there are precedents of banning organizations under a similar circumstance. During the trail of the War Criminals of The Second World War, the Nuremberg Tribunal (The International Military tribunal) banned the Nazi Party, The Reich Cabinet, The Schutzstaffel (SS), Sicherheitsdienst (SD), The Gestapo, The Sturmabteilung (SA) and The “general staff and the high command”, comprising several categories of senior military officers, for their involvements and conducting war crimes in The Second World War (1938-1945). In a democratic country it is very obvious and general to form religion based party. It is also a part of democratic practice but that must not be the reason to destroy communal harmony among the citizens.
In this juncture, when the Hindu minorities in the country have been the target of the communal forces, the state should vigilantly stand beside them and afford constitutional protection to them. Because our history witnesses that we believe in standing with each other rather than standing in front of each other. We have to abolish the bushfire of communal politics and ensure the protection of the minority community in line with the vision of our liberation war.
The writer is Lecturer of Law, Uttara University, Dhaka.
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