Whose responsibility is it anyway to uphold the Constitution?
It is clear that the way the Quota Reform protests were handled at the nascent stage was not constitutional. Every citizen of this country has the right to peaceful assembly and the protesters did just that
A Constitution is probably the most important thing for a sovereign country because it is like a guiding principle that makes sure that a country remains stable and grounded in core freedoms. Luckily, we also have one in our country.
It must be acknowledged that Bangabandhu Sheikh Mujibur Rahman toiled much for the Bangalis and their freedom. Bangabandhu has given so many things to this nation, but two things stand out from all others — an independent country and a very well-written Constitution.
For those who are unaware of the nature of our Constitution, our Constitution is autochthonous, meaning this one has been formulated without being influenced by any sort of foreign link or connection.
In plain words, this is completely homegrown.
Keep updated, follow The Business Standard's Google news channel
The 34-member Constitution Drafting Committee led by Dr Kamal Hossain did a phenomenal job by producing one of the most well-written constitutions in the world.
Adopted on 4 November 1972 and made effective from 16 December 1972, Bangabandhu who led the country to independence completed his duty of enacting a Constitution with due diligence.
It also means that everything written in the Constitution is how Bangabandhu envisioned this country. The principles and the laws codified in the Constitution should be the last words concerning how different state elements including the government should function.
Against the backdrop of whatever happened in July, a question has been hovering in my mind constantly – is the Constitution being obeyed to the letter?
Is the nation being guided by the principles laid out in our Constitution? Is the party in power following the Constitution enacted during Bangabandhu's tenure?
If we look at how the protests started and turned into a violent one, it is clear that the way the protests were handled at the nascent stage was not constitutional. Every citizen of this country has the right to peaceful assembly and the quota reform protesters did just that.
Article 37 of the Constitution states that "every citizen shall have the right to assemble peacefully and without arms," emphasising the non-violent nature of the assembly.
This constitutional provision provides the basis for individuals and groups to come together and express their opinions, views and grievances through peaceful protests, demonstrations and gatherings.
Despite such a right enshrined in the Constitution, the BCL was instigated by the influential quarters to quell the protests, which exacerbated the situation as the protesting students got infuriated by this. As the clashes between the protesters and the law enforcement agencies ensued, there were wide allegations of police excesses.
We can see its reflection in the video that surfaced after Rokeya University student Abu Sayeed was killed in cold blood by the police.
It was clear in the video that Sayeed collapsed to the ground after being repeatedly hit by rubber bullets shot by the police personnel (though the FIR says otherwise). This is not only abominable but also a sheer violation of human rights.
How can the police open fire on someone when the student is standing in front of them unarmed? Sayeed did not have any life-threatening weapon in his hands, why was he then killed?
We understand that the Code of Criminal Procedure allows the police to use force in certain circumstances, but it was definitely not such a situation that could prompt the police to open fire on Sayeed without any provocation, insinuating that the law enforcement agency deviated from the principles of the Constitution.
Even when the dust settled, law enforcement agencies kept violating the constitutional rights of the citizens. There is no denying that whatever happened in the later phase of the movement is not acceptable at all and those who pulled the strings for carrying out massive vandalism and destroying state properties must be brought to book.
But it does not mean that police can do whatever they want while showing flagrant disregard for the constitutional rights of the citizens.
There are allegations that law enforcers have checked the mobile phones of the citizens on a large scale and carried out punitive mass arrests and arbitrary detention, which is a clear violation of people's constitutional rights (as ratified in Article 43 of Bangladesh's Constitution – right to privacy and other means of communication).
While constitutional rights are being flouted in every step of public life, the question remains – whose responsibility is it any way to make sure that the Constitution is being followed or upheld? If any state organ or law enforcement agency veers off the desired course by disobeying the laws outlined in the Constitution, who will mend it?
By theory, it is the responsibility of all the branches of the government to make sure that the Constitution is being protected and followed to ensure the greater welfare of the citizens. The government has three branches – the legislative (parliament and lawmakers), the executive (the prime minister and the ministers) and the judicial (courts including the supreme court).
In reality, there is not enough room for hope. In light of the current circumstances, we can easily say that the government has failed to ensure the safety and security of its citizens.
If not so, then how did so many innocent people, especially the children, working-class people and ordinary students, get killed during the clashes that erupted between the student protestors (after they were attacked), miscreants and the law enforcement agencies?
After all, it is the responsibility of the government (the most vital element of the state apparatus) to protect the people. They cannot just duck out of their responsibility by playing pass the parcel game.
Md Morshedul Alam Mohabat is a columnist who likes to delve deeper into the human psyche and social incongruities with a view to exploring the factors that influence these.
Disclaimer: The views and opinions expressed in this article are those of the author and do not necessarily reflect the opinions and views of The Business Standard.
