Comitted to PEOPLE'S RIGHT TO KNOW
Vol. 4 Num 68 Sun. August 03, 2003  
   
Front Page


Gram Sarkar off to low-key start amid legal questions


Gram Sarkar, the lowest local government tier, began coming into being yesterday 22 years after initiation of the process amid legal challenges as well as political opposition.

But the first day efforts lacked steam when only a few units were formed in Cox's Bazar, Gopalganj, Gazipur, Munshiganj, Jessore, Barguna and Satkhira districts.

According to preliminary reports, four of the bodies, auxiliary to Union Parishad (UP), were constituted in Cox's Bazar, seven in Gopalganj, six in Gazipur and one each in Munshiganj, Jessore, Barguna and Satkhira districts.

Officials admitted the low-key initiative on the beginning day, saying the figure of units formed was 'quite insignificant', but hoped that large-scale formation would be seen at the end of the week.

Eminent lawyer Dr Kamal Hossain filed a writ challenging the legality of the Gram Sarkar Act 2003 in favour of Bangladesh Legal Aid and Services Trust (BLAST) on July 6.

He argued that articles 3, 4 (4) of the act, assented to by the president on February 27 this year, were contradictory to Articles 7, 9, 11, 27, 28, 59 and 60 of the constitution.

The High Court Division of the Supreme Court served a show-cause notice on the government asking it to explain why the act should not be declared illegal and beyond the constitution. The government replied the notice.

Hearing on the writ is due today.

The court bench comprising Justice Amirul Kabir Chowdhury and Justice AFM Ali Asgar in a brief hearing of another petition seeking stay on the formation, turned down the plea on Wednesday.

Some 40,392 Gram Sarkar units will be formed within the next 44 days as announced earlier. One unit will be constituted in each of 40,392 wards under 4,488 UPs across the country.

Officials said there were lack of coordination and initiative among district and upazila officials because of the legal battle.

Local Government Minister Abdul Mannan Bhuiyan called a hurried meeting at the ministry yesterday for an update on the progress of unit formation.

But officials failed to give any concrete figure because of inadequate coordination.

The meeting was also attended by State Minister Ziaul Haq Zia and senior officials of the ministry.

Bhuiyan expressed "dissatisfaction" at the first day's outcome and instructed officials to add spark to the process, officials said.

"We told the district and upazila administrations that there is no legal bar to form the Gram Sarkar units," a high official of the Local Government Division told The Daily Star yesterday.

Talking to the The Daily Star last night, Bhuiyan said the Gram Sarkar was the improved version of some previous attempts including the abolished Swanirbhar Gram Sarkar Provision of 1980 introduced by former president Ziaur Rahman.

It also drew elements from the Palli Parishad Act of 1989 formulated by the Jatiya Party, the Gram Parishad Act of 1997 by the Awami League and the recommendations of a local government commission formed in 1992.

"The Gram Sarkar provision is a combination of all previous concepts and laws and we made it more democratic, participatory and consensual," he said.

"We organised a series of seminars and discussions with all quarters before the passage of the legislation."

About the first day's outcome, he said district officials have been asked to form the Gram Sarkar at their convenience within the stipulated time. Six committees have been formed in the ministry to coordinate with six divisions.

Introduction of the Gram Sarkar system was an election pledge of the ruling Bangladesh Nationalist Party (BNP).

According to the Gram Sarkar Act, the units will assist the UP by implementing various development and social projects.

The Gram Sarkar units will have a five-year tenure.

The elected UP member will head the unit in their respective ward. One female elected UP member will be adviser to three Gram Sarkar units.

The 15-member body will have Gram Sarkar prodhan (chief) and an adviser and the remaining 13 members will be drawn from representatives of women, farmers, VDP men, workers, farm workers, freedom fighters, teachers and businessmen.

The initiative has drawn fire from all major political parties.