‘Anti-discrimination law meaningless if culprits cannot be punished’
The Anti-discrimination law is only half a measure if violators are not held accountable, explains Sanjeeb Drong, the General Secretary of Bangladesh Indigenous Peoples Forum, in an interview with The Business Standard
Nearly four years ago, the initial draft of the anti-discrimination law was made. This year, it will make its way to the parliament.
In a conversation with The Business Standard, Sanjeeb Drong, the General Secretary of Bangladesh Indigenous Peoples Forum, explained how and why the anti-discrimination law draft – which the government plans to enact to ensure the rights of ethnic minorities, physically challenged, transgender and destitute people in society – will be meaningless if punishment provisions and assigned court are not included.
What is the scale of discrimination that ethnic minorities face in this country? And why is the anti-discrimination law important?
Keep updated, follow The Business Standard's Google news channel
In North Bengal, you could see signboards in some tea stalls or gardens prohibiting the entrance of Santals, Harijans or Dalits people. There are still people in the civilised society who regard them as untouchable. They don't even eat the food touched by these marginalised people.
I have seen in a Dinajpur tea garden that these minorities are not allowed to drink tea sitting in the stall. They will be served, though, only if they bring their own cups and mugs and drink outside. Generally, in tea garden stalls, even if they are allowed, they are served in older cups or damaged plates.
Do you know the story of Advocate Babu Rabi Das from Joypurhat? He is a registered advocate and yet when he ate in the court canteen with some of his clients who are ethnic minorities, the restaurant manager handed over all the plates and teacups they used in a bag and asked them to pay money for the plates. Why? Because they said no one will eat on these plates since these ethnic people ate on those. This incident is not even five years old!
Santals, Harijans or Dalits people are regarded as inferior and untouchable in Bangladesh. There is discrimination but no redress. This is the reason why such a law is necessary here.
The draft anti-discrimination law draws flak for not having punishment provisions. What is your take on that?
This has to be a complete law. You discriminated against a person for his ethnicity – perhaps by delaying or refusing him services. And yet, the law doesn't keep the provision of punishment; how is that going to help? Can you imagine?
Maybe such a law is new in Bangladesh. But it must have a punishment provision, even if it is six months or two years imprisonment. This law must have minimum punishment provisions.
How do you see the system of filing complaints to non-judicial committees and having no assigned court?
This new, positive and very important law is for those in the population who have been left behind in the society [marginalised population]. If you make them go to the traditional courts – in the absence of an assigned court – it is equivalent to them getting lost in an open ocean after losing their way in a river.
Like we have special courts in many other fields, an assigned court is very important in regards to this law as well.
"If the law is passed, we believe it would be an incomplete act," said Dr Mizanur Rahman, former chairman of the National Human Rights Commission (NHRC). Do you think the same? Why?
Yes, I agree with him.
If the draft law – without provision of punishment and assigned court – is enacted, not only will it be incomplete, it will be regarded as an eyewash, an insincerely formulated meaningless law.
We cannot implement a law that will not benefit the target population at all. This law will not change the lives of the minorities as justice will not be served with it.
The culprits, on the other hand, will keep discriminating because they are not punished. Only the punishment provision can help ensure justice. I will be very disappointed if such an incomplete law is enacted.
Why was this law necessary in the first place? Article 27 of the constitution guarantees 'equality before law' and 'equal protection of law' while article 28 prohibits any differential treatment only on the grounds of race, caste, religion, sex or place of birth. Why were these articles not enough?
The words of the constitutions are beautiful to listen to and read. These words are ornaments of our constitution.
But ask a person from our hill tracts or someone from ethnic and other minorities, these words are not reflected in their lives. Not in the last 50 years of independence. The state didn't stand beside them.
Some issues, despite the constitution including ethnic minorities, require different [additional] laws.
For example, the constitution mentions not to discriminate against women. But we still made different laws and regulations for protecting the rights of women. This anti-discrimination law – was a very strong demand of ours. It should have been a complete law.
How optimistic are you about this proposed law? If implemented with the critics' recommendations, will it help the ethnic minorities in Bangladesh? What if the law is enacted as it is now in the draft?
We will demand a complete law with punishment provisions and assigned courts so it benefits the marginal and ethnic minorities.
But if the changes are not made and the law is implemented as it is in the draft, without the punishment provision, it will be, as I said, meaningless. It will have no value to us. I hope the law is amended before being presented in the parliament.
