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“All Citizens are Equal before Law and are Entitled to Equal Protection of Law”-Article 27 of the Constitution of the People’s Republic of Bangladesh
 



Issue No: 292
October 20, 2012

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Rights Advocacy

The minority protection

Eshita Tasmin

 
 
Photo: boston.com

Purnima rape case", this is probably one of the most famous case about which everyone is aware. On 8th October 2001, Purnima Rani Shil, a 15 year Hindu girl was gang raped by 25-30 men. It was an incident on 2001 after the election took place. It was nothing but a nasty political ploy to harass Purnima's family just because they were supporter of a specific political party. After the gang rape, the young girl was mentally shocked and totally shattered down. Even after passing many years her family was not finding any hope to get justice, Purnima's family was being threatened, they were offered bribe to withdraw the case. But the young girl did not lose hope and finally on 2011, 11 accused were sentenced to life imprisonment and the court also fined tk 1 lac for compensation to the victim's family. From 2001 to 2011, it was quite long journey to get the desired decision from our judicial system. Purnima had to hold her patience tightly. Because on 14th October 2001 Purnima, herself filed a case in the magistrate court and on 2004 even after the passing of almost three years no hearing was made. The judges and sometimes the PP (public prosecutor) were absent on a regular basis whenever the date of the hearing was fixed. But the young girl was brave enough to show her courage. She could have compromised with money or with the situation but she did not do so. She kept full rely on our judicial system. She did not consider herself as girl from minor community but the young girl had full belief that she will not be deprived.

Article 6(2) of the constitution of the People's Republic of Bangladesh provides that "the citizens of Bangladesh shall be known as Bangladeshi", but we the Bangladeshis love to be called as "Bangalee" rather than "Bangladeshi". It is because of our mentality, a mentality which inspires us to be introduced with our culture, our custom, our traditions and our heritages. We celebrate "Pohela Boishakh" in a manner as Eid, still we are maintaining "Halkhata", we are observing "Nobanno Uthoshob", we welcome each seasons with separate stiles and different passion. When these has becoming our identity, our state practice, than how come in special circumstance or in special areas a group among us become so resist which just does not go with our "bangalee" image! According to Article 9 of the constitution (part 2, the fundamental principle of state policy) absolute trust and faith in the almighty Allah shall be the basis of all action but meanwhile we do believe that a man can be believer of a particular religion but we should have equal respect for the people of all other religion. If we go through our fundamental rights, ensured by the constitution than we can realize how nicely and wisely our rights (of all citizens of all religion) have been protected. Article 27 ensures "equal protection of law", article 28 prohibits, "discrimination on the grounds of religion". Article 41 is the ultimate provision which shall always be focused. Article 41 provides-"every citizen has the right to profess, practice or propagates any religion and religious community or denomination has the right to establish, maintain and manage its religious institution". But we are just unable to practice this provided provision in the promised manner. Because from 1971 till now we have shown our inefficiency to protect our minor communities. And the recent attack on Ramu has just reflected our same old "racist" mentality.

British ruler's presence in Indian subcontinent was for about 350 years and they ruled us about 190 years. That long period of time was good enough to get our nerves. In 1905 the first partition of Bengal was made for the administrative purpose. And finally in 1947 the whole world saw the birth of two nation called India and Pakistan. The great leader GANDHI said-"Leave India to God. If that is too much then leave her to anarchy". The partition of India had shown the biggest riot ever in this sub continent based on religion. Women were raped, people were looted. Not only the whole country was divided but the division of Bengal and Punjab brought a serious riot which took lives of unlimited Muslims, Hindus and Sikhs. Even when we see the history of our liberation war in 1971, the Pakistani Army's target was we "the Bangalees" but the Razakar's focus was to attack the minors. Most of the Razakars were dreaming to kill all the minor groups( especially Hindus).one of the witness, "Abbas Uddin Ahmed" who is the 7th prosecution witness against S.Q. Chowdhury testified in the International Crimes Tribunal-1 that up to 60/70 Hindus were killed in one single day. This is nothing but the blind aggression in the name of religion. The independence is not the personal achievement of a specific group of people. Muslims, Hindus, Buddhists, Christians all equally participated in the war. All gave same afford, equal sacrifice than why do a group of people always attack the minors in name of religion!?! 88% Muslims are currently residing in Bangladesh. But we strongly believe that only 2% among them have been trying to make differences and showing their religious racism. The Ramu attack is witnessing the same old story. Buddhists are one of the most gentle and peaceful religious community. Buddhism is one of the most humanism influential religions.

During 6th and 10th century this religion contributed a great impact on the ancient civilization of Bangladesh. Currently Buddhism is the third largest religion in Bangladesh with about 0.7% population. After all these facts the angry Muslim group attacked in Ramu and at least they burnt 12 temples, damaged 50 houses. And the issue was some photo tagged on a social network named "face book". The attackers claim that photo tag was about our Prophet (pubh) which hurt their religious sentiment.

Now the question is what religion they are talking about!?! Does Islam allow us or encourage us to do all these violent activities? When our beloved prophet (pbuh) was selected as the ruler of Medina (currently a city of Saudi Arabia) he signed a treaty between himself and the Jews, Christians and pagans of Medina which is called the "Charter of Medina". The constitution was drafted by the Prophet (pubh) and the constitution ensured the security of all communities, religious freedom, the security of women, a judicial system for resolving judicial dispute and all other necessary provision which made the Medina Charter the best ever men made constitution. When the Prophet (pbuh) showed us the right way to live peacefully with the people of all other religious community, than how could we disobey him!! Yes, we definitely disobeyed him by attacking the non Muslims time to time.

Islam means peace. The peace which a human being can acquire by submitting his will to almighty Allah. Than how the Muslims can do these type of misconducts, violence, and crime!! Once a mistake is made, it will be called mistake but when it will be repeated than it will become a crime and not a mistake. "Mistakes", "misconduct" and "misconception" about Islam is a great obstacle for us to practice Islam in a right manner. The mentioned activities are conducted by a group of people who are misusing, in fact abusing our religion to achieve their political goal. One of such another incident is needed to be mentioned.

During 1992-1993, a biggest religious riot took place in India regarding "Babri Mashjid". Almost 900 people were killed in that riot (575 Muslims and 275 Hindus, 45 unknown and 5 others). To take the revenge of Muslim killing during the riot, a group of Bangladeshi Muslim attacked on the Hindus of Bangladesh. Lots of shops and houses of Hindu families were destroyed and burnt. Few Hindu women were raped. This was nothing but an awful situation. Because, India is our nearest neighboring country. India is the country which has helped us tremendously during our liberation war by providing shelter, food, and war training and so on. Just because of the attack on Muslims in India, we are torturing our Hindu people with the justification that Hindus are mainly originated from India!! This is nothing but deviation from sanity. .

This incident, the Ramu attack, all these will lead us to a drastic situation in front of the whole world. It will do nothing but fully ruin our image in the whole world community. We have to get out of this mean mined mentality. We have to ensure security and protection of our minority communities. Otherwise in front of the whole world the Muslims will be defamed again and again. This is the time to wake up and boost ourselves with positive vibes, ignore the negative influence and show the world that we the Bangalees treat people with humanity and we hate to discriminate on the basis of religion.

 

The writer is a Lecturer, Department of Law, Uttara University.

 
 
 
 


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