The New Nation - Internet Edition

Unfounded allegations

INDIAN police reportedly suspects that Harakat-ul-Jihad of Bangladesh might be involved in the recent bomb attacks in Jaipur. A section of Indian news media is making propaganda pointing fingers at Bangladesh. The Adviser for Foreign Affairs has requested the Indian media not to jump to hasty conclusion before thorough investigations have been made. Harkat had been blamed for series of attacks within the country in the past. Bangladesh banned this group in October 2005. Dozens of its activists including its main leader have been arrested and it is now a non-entity in Bangladesh. What is above all doubts is that this terrorist organisation is in no way backed by Bangladesh that has banned the organisation and arrested its key leaders. Rather, the Indian media might be reminded that the armed groups of the Shanti Bahini had come out of their hideouts in India to surrender to the Bangladesh government after the signing of the peace accord in 1997.

Terrorists have no borders today. Therefore, there is little ground to blame a particular country for any act of cross-country terrorism. The Indian media must not forget the existence of different ethnic, political and religious militant groups in that country. The 'Indian Mojahideen' that has claimed the responsibility of the Jaipur attacks is purely an Indian organisation. It is expected that the Indian media would shun propaganda based on preconceived notions and refrain from blaming a friendly country. The danger with such a mindset is that the real perpetrators might remain out of sight. The people of Bangladesh want that India to be in peace, and at the same time, is desirous of a reciprocal attitude from their closest neighbour. It is hoped that Indian media would better promote cordial relationship between the two countries.

The worsening power crunch

THE special assistant in charge of the energy has been assuring people from time to time about relief from their agonies related to the poor power supply position. Residents of Dhaka city and other urban areas who are habituated to be heavy users of electricity but have been facing great difficulties due to its inadequate supply, were somewhat happy to learn from a statement more than a month ago that their distresses would soon be over significantly.

He informed that the reduced supply of electricity to urban areas due to its greater diversion to rural areas for irrigation needs, would come to an end from early May as supplies of electricity would be redirected towards the cities following the end of the Boro season when the need to run irrigation pumps would be minimal. But farmers have nearly reaped the boro crops and the need to water their lands with irrigation pumps has ceased. But supply of power is seen to be worse in the urban areas.

At least some hours of load shedding free period of bliss used to be experienced by most of Dhaka's residents from midnight till the early morning before May. So, people could pass the night in relative comfort. But now they are facing horrors from summer heat and darkness as power shut-offs are suffered for long periods frequently after midnight. More disquieting has been recent newspaper reports that the urgently set up rental power plants to add at least 240 megawatt to the grid by May, would not become operational by the current month as required under contract. The deadline is about to expire but none can say when these could go into operation. The government should take account of persons in positions of responsibility for their awful inefficiency and sloth.

Buddhism and humanism: A reflection

Professor Dr. Sukomal Barua

Today is the Sacred Buddha Purnima, the full-moon day of Vesakha blessed by the birth, Enlightenment and Passing way of the Buddha. The day in very significant and important to the Buddhist world. It brings peace, integrity brotherhood, non-hatred, universal love, compassion and full humanism of the mankind of the world.

We know, humanism is a system of thought or action originating in Western Europe in the 15th century which gives more importance to the affairs of man or human life as against medieval traditions of scholastic theology or philosophy. It was a kind of movement against intellectual or scholastic authority of the middle ages and gave rise to modern intellectual, scientific, and social developments. It insists on the dignity of man and it refuses to find in the divine, anything external and superior to mankind. It concerns itself with mankind and the dignity of mankind. The name of the French positivist philosopher Comte (1798-1837) is associated with this idea of humanism. Comte was known for his interest in the welfare and betterment of humanity. He believed in a religious order of a secular nature and a providential order of human development. He believed that the organization to the Catholic Church divorced from its supernaturalism, might provide an ideal structural and symbolic model for the new positivist society. For the Catholic God Comte substituted the worship of Great Being, namely humanity past, present and future. He called his new faith "the religion of humanity." It was a kind of a system of social ethics. His religion of humanity stimulated the rise of secular religious movements like humanism. When the evils of Industrial Revolution become too pronounced, humanistic ideas and the philosophy of Comte got a fillip.

Against this background of "humanism" we have to consider what Buddhism is. Buddhism, being a religion of the sixth century B.C. had its origin much earlier to ideas of "humanism" of the Middle Ages of Comte's philosophy. Nevertheless, humanistic ideas were part and parcel of Buddhism and in a milieu which was far ahead of industrialization of society. Nevertheless it represented a bread-away from scriptural authoritarianism. Buddhism is a religion of man and it is concerned with the true nature of man and things around him. It emphasizes on a spirit of enquiry for each human being irrespective of caste creed or station in life. It is a kind of universal religion which is the property of mankind as a whole.

Buddha's salvation or 'Nirvana' is not the prerogative of a privileged few but of all human beings. Human beings can reach the height of perfection unbound and unhampered by any rigid convention of tradition. It only suggests the goal of spiritual advancement of man. There is on dependence on the supernatural or on any miracle. Development can come only by the progress of man in respect of things within him. It gives importance to individual human beings and on their thinking. Buddha did not proclaim himself to be a messenger or prophet of God or supernatural being. The progress or development of man, according to the principles enunciated by him, does not require the grace or assistance of God.

Buddhism refers to the four-fold truth to the existence of suffering, cause of suffering, cessation of suffering and the path to cessation of suffering, The fact of suffering is a matter or reality around us e.g., birth, sickness, old age, death, sorrow, pain, grief, distress, etc. The reason for the suffering is craving (Tanha). Cessation of suffering is deliverance or emancipation from suffering and reaching a state of tranquility, peace and bliss. It is known as 'Nirvana' i.e. eradication of craving, lust, hatred and ignorance. It does not necessarily mean annihilation or extinction. As regards the path to cessation of suffering, one has to adopt the Middle path which is in between the two extremes of self-indulgence and self mortification.

The middle path is eightfold: first, there should be right understanding. Human beings should have the knowledge and power to understand things as they really are. After right understanding comes right thought. Right thought includes thoughts which are free from malice, ill-will, cruelty and that which fosters noble aspiration. Next comes right speech i.e. avoidance of falsehood, slander, harsh and foolish talk, etc. Then comes right action. Human beings should abstain from killing, stealing and falsehood. This contemplates that every fellow human being is properly dealt with according to his dignity and there should be peaceful and honorable existence for all human being. After this comes right livelihood, the kind of livelihood that causes no harm to other living beings. Nothing should be done to injure or affect the dignity of man. The sixth is right effort. Evil should be suppressed in human beings and wholesome habits should be cultivated. The seventh is right mindfulness or awareness.

Human beings should have self-mastery over their action through constant awareness. This includes control over mind and feelings. Finally comes right concentration where each human being's body and mind are associated and permeated with a feeling of purity and peace.

From the above it is seen that Buddhism emphasizes on the ethical conduct of right speech, right action and right livelihood and on concentration of mind through right effort, right attentiveness, right concentration and also on wisdom through right understanding and right thought (Sila, Samadhi and Panna). But all these Buddha preached on the basis of personal realisation and experience. Avoid all evil, do good and keep your mind pure. This is Buddha's message of deliverance. This "ethical idealism" finds expression in loving kindness to all beings. The four-fold sublime existence "cattaro brahmavihara" refers to the virtues of friendliness, compassion, sympathy and equanimity. The four sublime qualities are "Metta" (loving kindness), "Karuna" (compassion or sympathy, response to another's miseries and misfortunes). "Mudita" (sympathetic joy i.e. state of joy in others' happiness) and "Upekkha" i.e. equanimity. "Metta" is not simple friendliness; it means fraternal affection, love and friendly feelings and goodwill for everybody. Functioning for the good of others is its essence. It emphasizes the need for filling our heart with love and for removal of hatred. It is different from selfish love or lust. One who cultivates loving kindness of "Metta" cannot ignore sufferings and evils that are around him. There are people who are hungry, diseased, ignorant, disunited and exploited. For the welfare of all such people, one has to strive and remove the causes of suffering. For this purpose, one has to have "Karuna" or compassion. Through such dispassionate goodwill to everyone, one can get detached or dispassionate joy or "Mudita". This is not like getting monetaty remuneration or promotion for one's selfish purposes. This gives equanimity or indifference to gain or loss, success of failure.

Buddhism recognises man as a source of all action. There is need for training and developing the mind through "Bhavana" has to be according to temperament and outlook of each individual.

Buddhism also refers to four cardinal principles of social life. These principles consist of Dana or sharing. "Priyavachana" or pleasant speech, "Arthacharya" or Constructive activity and "Samanatmata" or equality. 'Dana' stresses the equitable distribution of wealth and society free from exploitation. Pleasant speech brings happiness to people.

Constructive activity helps in material prosperity and social well being of people. "Samanatmata" or equality is non-distinction of the basis of caste, creed or parentage.

Buddhism is a "human" and "humane" religion. It teaches us to love fellow human beings only and not divine beings. It also does not refer to attainment of divinity as the final goal but its aim is how to become perfect human beings. sabbe satta sukhita hontu-May all beings be happy.

Two Courts - Why not?

Marvi Sirmed

As the judicial imbroglio thickens the air between two coalition partners, the speculative analyses and predictions keep creeping through the op-ed columns and current affairs talk shows on umpteen TV channels in Pakistan. Whatever the analysts say, however serenity and reason PPP leadership tries to bring to the negotiating table, the fact remains that it's not the dearth of solutions that is leading to uncertainty in reinstatement of judges, its lack of political commitment to do so. The solutions that have came up so far range from an executive order to a constitutional amendment or the act of Parliament. Considering the significant moves on the part of political movers and shakers, it is becoming all the more necessary to reach an upshot as soon as possible. The more time is spent on proving that every proposed way out has more cons than pros, the easier it would be for the anti democratic forces to draw the conclusion that no solution is possible for this political riddle.

The recent proposal, which was instantly denied by the Prime Minister, was that of establishment of two supreme courts. The idea perceptibly seems to be mala fide and an attempt to appease the lawyer / civil society pressure and placate a presidency that is shamelessly being lactated by the world powers. But at the same time, it deserves a serious thinking and analysis. The two Supreme Courts would mean a judicial system that allows the power of constitutional review to concentrate within a single judicial body. This proposal has a history of being in force in various countries of Western Europe alongside new democracies of Eastern Europe; and has displayed a widely accepted version of constitutional protection and control.

The presence of Constitutional courts gives rise to the anomalies of overlapping jurisdiction of Federal Constitutional Court and the supreme civil court, their absence critically contradicts with the principles of sovereignty of parliament and judicial review especially in democracies like Pakistan and India whose constitution remains a major source of this paradox. In India, where no Constitutional Court exists, the constitution has successfully fought back to be the supreme law of the land; in Pakistan, it still is a political instrument that every regime uses to consolidate its power. This fundamental difference in political cultures of both the countries makes them incomparable as far as judicial system is concerned. The emerging democracies in the European world, on the other hand, might offer an attractive judicial package to be replicated here in the backdrop of fierce battle between the state and the judiciary in Pakistan over last one year - a case much similar to postwar Germany when Bundesverfassungsgericht (Federal Constitutional Court) was established.

The German Constitutional Court had to encounter five branches of specialized courts already well established in the pre-Natzi tradition of German judiciary. The specialized courts had to overcome the failures of their immediate past, whereas, the Constitutional Court was offered a considerable chance of success by the climate of postwar reform. If in Pakistan, the existing Supreme Court takes on the jurisdiction of civil, criminal and administrative cases and a new Federal Constitutional Court is established with the mandate of constitutional interpretation, it is expected to correspond well with the democratic tradition of separation of power and centrality of constitution.

It should, however, be kept in mind that developing a commonly accepted model of cohabitation at the supreme judicial level will be extremely difficult and would require stronger political commitment from parliament, the existing Supreme Court as well as from other power players. The answer to fundamental question of distribution of judicial power between the two courts would largely depend on the intent of establishment of such bi-faceted judicial system that divorces American system of diffused judicial review. If the sole objective is to keep one single individual from heading the apex constitutional court, and limiting his power to civil and criminal suits, the new system may lack vision and design to sustain and might not produce popularly desired results.

The apprehensions of some experts, as reported in media over last few days, about the establishment of Constitutional Court in Pakistan weigh much lesser compared to the positives of it. If established on the following lines, the system can, by design, respond to most of the apprehensions:

1. The Federal Constitutional Court (FCC) should be structurally independent with respect to the Executive Branch and to the Supreme Court

2. The FCC should be mandated to develop the concept of direct applicability of the Constitution (including its guarantees of fundamental rights) and to impose that concept on other segments of the judicial branch.

3. Procedures of the constitutional complaints should be such designed that they should extend the applicability of complaints to all the situations involving conflicts with fundamental rights of individual liberty

4. The FCC, while preserving the last word in the wake of a controversy, should not claim a monopoly over application of the Constitution but, rather, should act as a coordinator of that process.

5. The FCC should be vested with the competence to review ordinary statutes and other legal regulations as well as to annul them in case of unconstitutionality or nonconformity with any international instrument to which Pakistan is a party. Such decisions of the FCC should be universally binding i.e., also binding on all other courts, including Supreme Court.

6. Each court (Higher and Supreme) while resolving an individual case should consider whether the statutory provisions based on which the judgment will be given, are in conformity with the constitution or not. In case of a doubt expressed by the complainant or the judge herself about the constitutionality of such provision, the judge should refer that issue to the FCC as a legal question. The decision of FCC should be binding on the other courts to be applied to the case(s).

7. The FCC's composition should be such that all the provinces and other federating units are equally represented.

While smoothening public opinion on any set of judicial solutions, we need to keep in mind that present crisis has a hidden opportunity - the opportunity of making our judicial system more relevant to a parliamentary democracy and constitutionalism. Change is sometimes uneasy, but it surely bears the fruit of development. And the key to change is . . . let go of fear!

Opinion: Autonomy of Public Universities

M.T.Hussain

Falling of teaching-learning standards, rampant corruptions in academic, administrative and financial matters are some issues we continue to hear day in and day out about public universities of Bangladesh in recent times.

It cannot be true that all teachers are involved in such evil tasks. But those who are involved should not escape combing in accountability just as all in public services are liable to.

The immediate past Government as we know had a through enquiry in all matters of irregularities done rightly by the University Grants Commission (UGC) under the able leadership of late Professor Asaduzzaman. The recommendations, as was known, if duly implemented would contain many of the existing vices. There are reports now that some teachers raising a plea that they would loose autonomy and academic freedom and so opposing the implementation process of the report. Is that really so?

Autonomy and academic freedom are two catchy words in matters of universities. As highly educated persons run these institutions, particularly, in teaching positions, freedom of these persons should ideally be productive that we see in universities of advanced countries.

Not only in those countries university teachers work with high commitment and devotion but also contribute to creation of new knowledge through in depth research in new subject matters. Any case of monetary corruption by any teacher in any form much less misappropriation of funds in research projects is just unthinkable there. But in our case here, we often hear about misappropriation in development and research funds by some teachers. Political connections, particularly, with the ruling government party would make such defalcations all the more easy bypassing any accountability.

Private tuition by university teachers in and out is an unthinkable proposition in other worlds. But unfortunately in Bangladesh, it is quite a common matter.

The argument for such outside tuition and consultancy work is that the 'lowly paid' teachers thus augment their income to support their family expenses.

It is a good argument, but hardly sustainable for the fact that comparable class one public employees receive nothing more as legal salary and income. Interestingly we see many such 'lowly paid' university teachers enjoy chauffer driven cars of their own.

I recall here my London University teacher Professor Emeritus Mark Blaugh (Economics of Education) riding a motorcycle in London street in chilly January morning! Another Professor Brian Holmes (Comparative Education) used to ride a private taxi for his transport need. Many would take buses, tubes and trains.

At the university level in advanced democratic countries, teachers enjoy undoubtedly academic freedom, but such exercises are limited to academic matters for creation of new knowledge.

Unfortunately, I do not know how many of our university teachers devote their energy to such pursuit except for his own political party liking and material gains. I wonder whether academic freedom is misused here for one's personal and other narrow gains and not for pursuit of academic uplift.

Favoritism in grading of learners in final examinations is often complained against some teachers even involving sex matters, harassment and favors alike.

I understand that these evils have erupted and multiplied to a great degree for erosion of moral values among the highly educated lot, not necessarily among the university teachers alone.

But the question of accountability of university teachers cannot be evaded, as I knew, the Assaduzzaman Commission has made recommendations for due accountability for the fact that they spend huge public money out of the hard toils of the 140 million poor people of Bangladesh.