Readers’ Forum

Law of natural justice

The proposed ‘Citizenship Law-2016’ contradicts the principle of natural justice. According to the proposed law, son(s) will be held equally responsible if his/their father commits an offence. It is quite an irrelevant, unjust, unethical and immoral idea. The jurists and the political scientists have already demanded reform of the draft law.
According to Political Scientist Salmond, “Law is a collection of the rules which the State recognises in the administration of the justice.”
The purpose of the law is to punish an offender and to defend an innocent. It is better to release an accused by mistake than punishing an innocent through oversight.
In the opinion of Political Philosopher Kant, “Punishment should aim at justice.” According to Bentham, “The aim of punishment is to maintain peace, law and order.”
Political scientists have said that justice means absence of privilege in the administration, law and judgment.
Justice will disappear if an offender is set free, or given lighter or heavier punishment than he deserves, and that an innocent is implicated in a case and given punishment for the fault of others regardless of relationship.
 According to the Islamic law, an innocent must not be liable to punishment for the fault of others. The Quran says, “No bearer of burden shall bear the load of another.” (Surah An am, Verse No. 164, Surah An Najm, Verse No. 38).
The Prophet Muhammad (SM) said, even the hand of a thief cannot be cut by the elbow without arranging rehabilitation of his family, because it implies upon the State to feed the hunger, clothe the needy and shelter the homeless.
We, therefore, urge the government to drop the disputed clause from the proposed Citizenship Law-2016 for the sake of justice.

Ameer Hamzah
Dhaka