What we expected to see but what we see
What we expected to hear but what we hear
What we expected to think but what we think
What we expected to talk but what we talk
Not without reason, Constitution is the supreme law in state. Our constitution itself proclaim that in article 7(2) “This Constitution is, as the solemn expression of the will of the people, the supreme law Of the Republic, and if any other law is inconsistent with this Constitution and other law Shall, to the extent of the inconsistency, be void”. It is no doubt that, depending on the constitutional order all activities must be done at the same time all laws should be formulated to the consistency with the constitution. As citizens, we must maintain the rules and regulations which are incorporated in constitution. If we want to see the preamble of the constitution we see, “Affirming that it is our sacred duty to safeguard, protect and defend this Constitution and to maintain its supremacy as the embodiment of the will of the people of Bangladesh so that we may prosper in freedom and may make our full contribution towards international peace and co-operation in keeping with the progressive aspirations of mankind;”That means this article indicates that by any means State has the duty to safeguard, protect and defend this Constitution and maintain its supremacy so that we may prosper in freedom and may make our full contribution towards international peace and co-operation in keeping with the progressive aspirations of mankind. Not only that another article11 indicates that “The Republic shall be a democracy in which fundamental human rights and freedoms and Respect for the dignity and worth of the human person shall be guaranteed, and in which effective participation by the people through their elected representatives in administration at all levels shall be ensured”. But what we see in the top level of government, when they violate the rules and regulations where the general people will go? Now I will discuss what constitution has said and what government does.
First, if we see the article 145A. “All treaties with foreign countries shall be submitted to the President, who shall cause them to be laid before Parliament: Provided that any such treaty connected with national security shall be laid in a secret session of Parliament “We know from somewhere that Bangladesh government and Indian government involve some agreements and treaties but none of the treaties and agreements have yet been placed in parliament, is it not the violation our constitution?
Second, we know we have a article 77 of constitution tells that (1) Parliament may, by law, provide for the establishment of the office of Ombudsman.(2) The Ombudsman shall exercise such powers and perform such functions as Parliament may, by law, determine, including the power to investigate any action taken by a Ministry, a public officer or a statutory public authority. (3) The Ombudsman shall prepare an annual report concerning the discharge of his functions, and such report shall be laid before Parliament”. But is a very regret that No one government did not take any initiative since the independence except in 1980 parliament has passed a provision but it was yet light into force. Now automatically raise questions that, if we do not do anything regarding this article 77 but why we incorporated it in our constitution.
Third, if we see the article 49 “The President shall have power to grant pardons, reprieves and respites and to remit, suspend or commute any sentence passed by any court, tribunal or other authority”. It is very important to note here that the term which we see in the article 49 “any sentence passed by any court, tribunal or other authority “it means that after finishing their trial not before trial. But what we see a few months ago somebody has been released without finishing their trial. How can the president pardon a prime murder accused or suspect whose trial has not been commenced or finished yet.
Forth, if we see the article 30 “, No citizen shall, without the prior approval of the President, accept any title, honor, award or decoration from any foreign state”. It is very relevant to not here, our prime minister and others prominent persons got very valuable award in outside the country. But we did not see any news about the prior approval of the president.
Fifth, if we see the article 36. Subject to any reasonable restrictions imposed by law in the public interest, every citizen shall have the right to move freely throughout Bangladesh, to reside and settle in any place Therein and to leave and re-enter Bangladesh”. But who will define what public interest is? Because of such loopholes this article has been used politically.
Sixth, another article31 which is very important to safeguard people rights “To enjoy the protection of the law, and to be treated in accordance with law, and only in accordance with law, is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law”. But what we see in few days ago, when family of Limon hossian went to the police station to file the case against RAB than police refused to file the case. This is the single example. This is something which is happening almost everywhere in our country.
Seventh, if we see the article 25(1)(b) uphold the right of every people freely to determine and build up its own social, economic and political system by ways and means of its own free choice; and support oppressed peoples throughout the world waging a just struggle against imperialism, colonialism or racialism. But if we analysis the history we have to see that government cannot do anything which is against their interest. We know that Iraqi people, South Vietnam, Kosovo, Syria people were struggling against the oppressive and suppressive. But Bangladesh was always remaining silent in this regard.
Eight, if we see the article 17(a)”The State shall adopt effective measures for the purpose of - (a) establishing a uniform, mass-oriented and universal system of education and extending free and compulsory education to all children to such stage as may be determined by law “But what we see in our country is totally different picture.
Ninth, if we want t see article 22 of our constitution “The State shall ensure the separation of the judiciary from the executive organs of the State.”It is very important to understand that, since after the independence on one political party did not take any initiative to separate the judiciary from the executive organs of the state. Although 2007 formally judicial system has been separated but the way it has been going on, we cannot say judicial system are totally independent from the executive organs of the states. Because we know that, according to the article 95 (1) “The Chief Justice and other Judges shall be appointed by the President.”The point here is that, as we know according to the 48(1) “there shall be a President of Bangladesh who shall be elected by members of Parliament in accordance with law.”So it is easy to understand on the basis of common sense, how president will work. So it has the possibility to appoint the judges politically.
Tenth, if we want see the article 23 “The State shall adopt measures to conserve the cultural traditions and heritage of the people, and so to foster and improve the national language, literature and the arts that all sections of the people are afforded the opportunity to contribute towards and to participate in the enrichment of the national culture.”But it is remain only n paper, but practical picture is very different. We know that CHT is such an area where indigenous people are living in their own way. They have a distinct culture, language, religious .But we know our constitution has failed to recognized them. On the other hand if we want to see article 2(A). “The state religion of the Republic is Islam, but other religions may be practiced in peace and harmony in the Republic” This is good sign. Unfortunately, if we want to see the article 3. “The state language of the Republic is Bangla.”Here very important point is that, “Other language should be used in everywhere in our country” should be added in our constitution.
From the above discussion we can say, the situation which is prevailing in our country is not acceptable at all. So we should be very careful to maintain the constitutional order otherwise we have to face disastrous condition.
No comments:
Post a Comment