Dr. Forqan Uddin Ahmed :
Before going to the critical analysis of the article, I am highlighting the following aspects on the given topics. Again some questions have already been forecast in favor of the strong argument of this analysis. The quest for social justice is a timely demand and relevant topic of discussion in Bangladesh. Is the quest for social Justice viewed with the western agenda and economic inequality? The history of social justice is a history of ignoring at the political level in Bangladesh. The quest for social justice acts in line with democracy and human rights. How does it relate with history and its paradigm shift in changes of time?
The events I referred to were momentous, shaking the very foundations of society and promising to be the harbinger of profound, fundamental, revolutionary change to social values and institutions which were to be based on a superior, transformative morality and high humanitarian ideals. Some changes did take place: monarchies fell, slaves were freed in America and other countries, the working classes and later women gained the right to vote, indications of a benevolent state appeared in some parts of Europe, and the idea of socialism and a command economy gained traction, resulting in the rise of numerous communist nations in both the global South and the North.
For the people of Bangladesh and the present Government corruption is a key national challenge. Whatever way corruption is looked at, it is a key obstacle to development and poverty reduction. It increases social injustice and human insecurity. Given that politics is the other name of investment for making quick money, and in the absence of effective deterrence against corruption it has become so widespread that even the common citizens are affected by it, whether it is political corruption, or it is in the public service delivery including the law and legal system. Corruption is like energy, which does not die out but takes different forms. There are many instances where corruption is compromised even in the disguise of administrative and judicial verdicts. One glaring example is the artifice of Bangladesh that was sent to France among many protests during the term of the present government. This and many other such actions give rise to many contradictions and inconsistencies.
The pre-requisite of democracy is rule of law. Rule of law demands that power should be legitimate and that its exercise is according to law. While rule of law places law above every individual irrespective of any rank or station, it remains subject to the ultimate judgment of the people. Democracy fulfils the aspirations of individuals, articulations of interest and nurturing of civil society. Democracy according to Plato cannot have both ‘love for money and adequate self-discipline in its citizens. Politics of Bangladesh neglected the latter and opted for the former. To make money by being near to the power and having no concern for the common people has been the core goal of the politicians in the name of democratic rule in Bangladesh. The result has been a governance disaster destroying the ideals of the State institutions, which were supposed to uphold rule of law. The challenge before the present government is to bring the country back to a healthy democratic order without taking too long to deliver it.
Separation of judiciary from the executive organs is one of the fundamental principles of state policy of Bangladesh. At the same time securing the loyalty of the executive towards enforcing the independent decisions of the judiciary is of great importance for maintaining the balance between the three branches of government. Although this aspect is taken for granted in theory, in practice executive branch coerce the decisions of the judiciary at every opportunity. Democracy and rule of law requires fair legal frameworks that are enforced impartially with full protection of human rights. Impartial enforcement of laws requires an independent judiciary and an impartial and incorruptible police force. Legal system of Bangladesh is deficient in such institutions and of equipment both internally and externally. Despite lack of logistic support there are instances when the law enforcing agencies have fought unto death for the cause of justice. There are also many instances when the Supreme Court had taken bold initiative through judicial activism to provide justice to people. Yet, there are instances, which are alleged, prove, something not befitting to the judiciary. Independence of the judiciary is not limited to independence from the executive pressure but is a much wider area embracing within its scope independence from many other pressures and prejudices.
Justice in Bangladesh is a dear service. The poor people usually cannot reach the judges only because of mobility to meet the charge required for going through the complicated process of litigation. Thus, they prefer injustice than fatigue. The Legal Aid Act, 2000 is also fraught with such provisions as would allow bias or corruption. The judiciary is the only organ, which can ensure rule of law. Long delays and excessive costs due to exorbitant demand of fees by the lawyers may turn a law ineffective. The judiciary should be easily accessible. To make justice accessible to the people, High Court Benches should be established in each Division, the permanent seat of the Supreme Court remaining in the capital.
Finally, we urge the law reform committee to reorganize the current judiciary to promote social justice. To maintain a functioning court, the rule of law must prevail, and judges must operate freely, fairly, and without bias. Long-pending cases must have mechanisms in place to ensure a speedy trial and disposal. The judge must stand out for decency, honesty, and morality; otherwise, criminals and negative elements will emerge, and society will collapse and fail. The law commission must operate in the best interests of the people, with a focus on the long-term prevention of any national crisis.
(The writer is former Deputy Director General, Bangladesh
Ansar and VDP).
