The New Nation - Internet Edition

Dr. Asma Siddiqua

(From previous issue)

The Government should take initiative to establish an independent Human Rights Commission. The jail situation in the country is beyond description. It is difficult to follow the provisions of the jail Code strictly due to overcrowding of the jails. A commitee may be set up to study and recommend necessary reforms, amendments, or overhaul of the institutions and laws guiding their performance.

Intolerance: The political culture in Bangladesh is charaterised by a very high degree of intolerance towards views, opinions and actions that differ from one's preferred political party. Yet there are instances when these biter rivals agree and make collective decisions with surprising ease. Political leaders in Bangladesh have shown strong solidarity in some areas, which the common people wish they had not Even in the boycoting sessions of Parliament, members of the opposition shown up for passing bills to increase their own salaries and allowances and there was great unity in accepting perks to import expensive cars without having to pay import duty on them. Politics has become intransigent An honest criticism is looked into with rancour. There is litle opportunity for meaningful exchange of ideas and information let alone debate on burning national issues. Bangladesh pledges democracy but in power it remains authoritarian. The opposition views and opposition parties have always remained unheard and unnoticed. They demonstrate on the street, but their voices are not respected through implementing their views. The media are often controlled by the ruling party. No government so far has shown any enthusiasm in including the opposition in a process of consensual policy making. When politics becomes confrontational, partisanship becomes intense. It leads to immunity for the party followers even for their worst excesses and corrupt practices, and encourages them to acts of vengeance on the opponents. Intolerance among political parties may arise from a sense of distrust, insecurity, misunderstanding, greede corruption or even for losing touch with reality. Intolerance and corruption is also a result of abuse of democracy. Tolerance is a binding principle and rule of law is an instrument of democracy. There is a need to undertake a thorough review of government policy to make serious atempts for power balance between the party in power and the opposition.

Public awareness and belief: The people of Bangladesh are accustomed to struggle for the cause of the country but they are to a great extent unaware of the appropriate role of a citizen to prevent social chaos or corruption. There are many sections of people in Bangladesh to whom knowledge and practice of democracy are not clear. The hard working poor people remain engrossed in their daily livelihood specially the majority of rural people. The role of newspapers, radio, television and other mass media can play a significant role to create awareness among the public. The majority people of Bangladesh is loyal to socio-cultural and religious belief. The concept of democracy needs to be examined in the context of the socio-cultural and religious belief of the majority of the people. Bangladesh is overwhelmingly a Muslim populated country. Islam and democracy are compatible. Many democratic features and institutions are in conformity with Islam. A number of democratic features like participation, representative Parliament, consultation and debate, voting, human rights, popular government, welfare activities, accountability are also the potential features of Islamic political ideology. Realising the importance of Islam, an amendment was made by which Islam as an ideology was incorporated in the Preamble of the Constitution. All later governments maintained the amendment without any modification. The Imams of the mosque, religious teachers, social workers of different communities, etc. could be trained to create democratic awareness or rights and responsibilities of citizens among the public along with the media. Democracy and rule of law would be more effective and understandable to the mass people if awareness programme is conducted keeping in view of the socio- cultural and religious belief of Bangladesh. This will change the character of politics in the real sense as the focus of power will shift to the people who alone will elect the legitimate government

Democracy is neither the best doctrine nor is it a perfect system, yet it is the best system so far invented by mankind. Democracy as an institution is still fragile in Bangladesh. Over the last three decades Bangladesh has witnessed several political tumults. The poor state of democracy in Bangladesh could not make use of the potential of its hard working people. The strength of democratic ideals have waxed and waned in Bangladesh and the political parties so far exploited the ideals of 'rule by the people' to legitimate their power: If fair candidates are chosen as members of Parliament, it is obvious that they will fight corruption, encourage the public to reject and hate corruption, and provide legal and judicial protection to individuals and institutions involved in fighting corruption thereby support the development of democracy. Such person shall fight against injustice, forceful eviction and all wrongs.

An independent judiciary is an indispensable requisite of a free society under the rule of law. Independence of judiciary means that judges are in a position to render justice in accordance to their oath of office without submiting to any kind of pressure or influence. The present stand of the government will provide separation of the judiciary from the executive but it should also ensure its full independence. The judiciary is beyond comparison with any other organs of the State. There will be no liberty if judicial power is not made independent The provision regarding appointment of higher judiciary must be reviewed. Alternative institutions like. Ombudsman and Human Rights Commission should be established. This will give more breathing space both to the overburdened judiciary and the public.

Politics is an art of compromise. Democracy falters if the political parties do not return for what they have earned. Mutual exchange, compromise, dialogue, understanding are the merits and force of democracy. When the political parties fail to draw a rule of the game of politics democracy hinders. Ambition, avarice, personal animosity, party opposition, and many other motives, are the characteristics of political parties. Human shortcomings will always lean on general politics and morals. But other qualities of human nature which has a rational dimension pointing towards freedom, peace and security must be nurtured. That has to be forced upon by the government by amending the laws on election and some other laws which are opposed to rule of law. For the same reason Ordinance making power of the President should be reviewed. Fair candidates are supposed to be more rational than candidates swept away by greed. People should not be punished for opposing the government Public opinion should be allowed to assess national opinion on government proposals and particular events. Tolerance in political activities should be encouraged. The people of Bangladesh want the present government to remain focused on the delivery of democracy. The means to deliver should be sharp and on target It should be borne in mind that means should not threaten the end.

Democracy in true sense will be achieved if men of unimpeachable integrity and character, fearless, thoroughly impartial and not purchasable at any cost come up to uphold rule of law. Rule of law is neither a rule nor a law, but a persuasive guide for the legislature, executive and the judiciary to mitigate the theoretic deficiencies in the Constitution, and mould it into a living democracy. Democracy for Bangladesh should be a democracy based on its socio-cultural and religious beliefs, for which the Government will take initiative to make all sections or people aware or it, and it will be acceptable to all.

(Concluded)