Law
book review
Religious
freedom and Bangladesh
Jasmene
Ketabchi
Freedom
of religion in Bangladesh
Pages 115
Published by Odhikar
Supported by Minority Rights Group International.
The
book is a compilation of the consultations and papers
presented during a two-day discussion meeting organized
on freedom of religion by Odhikar. As the title of the
book reveals, the topic is limited to the situation in
Bangladesh, even though some references are made to situations
in neighbouring countries.
The
publication can be divided into three parts: the first
part is composed of presentations made by the guests;
the second contains discussions and interaction among
them and the thirl houses two annexes on post-elections
attacks against minority communities in the country and
on the case of Bangladesh Anjuman- E-Ahmadiya vs. Bangladesh.
The
first chapter, which is a sort of commentary by Odhikar,
is of informative nature, a{ the different religions practiced
in the country come under review and the constitutional
and legal aspects are presented. This offers the possibility
to people from outside Bangladesh to understand the community
profile of the population, formed by Muslims, Hindus,
Buddhist, Christians and by followers of other faiths.
From
a constitutional point of view, this chapter states that
the 8th amendment has challenged the secularity of the
country. In article 2A of the 1972 Constitution we read
now that the state religion of the country is the Islam.
However the same article declares that other religions
can be professed as well, "...other religions may
be practiced in peace and harmony in the Republic".
Odhikar
concludes its paper stressing the importance of some changes
in the approach of the state, civil society,NGO s and
media. In relation to the state it advises that it should
pay more attention to the protection and the development
of religious minorities giving them financial support
for their religious institutions and festivi|ies. While
Mr. Moudud Ahmed, Minister for Law, Justice and Parliamentary
Affairs presented that the last Hindu celebration of Durga
Puja was successful in the light of security measure{
taken and the increased number of Puja mandaps constructed,
this opinion was not shared by Sudev Shaha, chairman of
Manikganj Municipality, and by the columnist Salam Azad,
who saw this important festivity for the Hindu community
celebrated under police guard and a security committee,
with fear and without spiritual fervor or spontaneity.
In
relation to civil societies and NGOs, it advises that
they should monitor the activities of law enforcement
agencies and set up inter- community dialogue to promote
tolerance.
In
relation to the media it urged that those involved in
this area should make this tool more accessible to NGOs
and activist groups and provide the rest of the society
with correct, detailed information; to use it as a forum
where collect experiences of religious harmony of other
communities.
Almost
all the guests' interventions concentrate on the concept
of secularism. A very important question formulated by
Sanjeeb Drong in his paper "Indigenous People in
Bangladesh: Facing Uncertain Future" is whether article
2A of the Constitution proves that followers of other
religions than Islam are equal in the eyes of the law,
as required by article 41 of the Consti|ution. Even if
his paper is limited to the situations of the Indigenous
People, mainly living in the Chittagong Hill Tracks, Garo
Hills, Modhupur forest this question applies to all the
religious minorities in the country.
All
the papers have a personal note from the authors: the
papezs of Mr. M.A. Awwal and professor Mir Mobassher Ali
are directed to the state with the invitation to uphold
and to fight for the values of the Constitution, especially
regarding the matter of the banning of publications of
the Ahmadiya community and the attempts by fanatics to
declare them as non- Muslim.
The
Hindu participants, like Mrs. Ruma Halder, addressed the
nmed for civil laws, for a universal family law, which
can put an end to the insecure position of Hindu women
in this society. As no specific provision exists in relation
to property zights or alimony in case of divorce, their
survival depends on the male component of the family,
father or husband in a later stage.
Father
Joe Peixotto defined harmony as living together with full
respect for one another. He stated that this requires
tolerance and compromise in order to strive towards social
and religious harmony.
At
the end of this book the Attorney General, Mr. Hassan
Ariff, summarizes the topics discussed in the seminars
and organizes the recommendations made. He declares that
the 8th amendment should be considered unconstitutional
because this matter does not fall in its extent and only
with its removal from the Constitution a state neutral
to religions influences can be achimved. Furthermore more
interactions between minority communities are needed to
realize a better understanding and to move towards the
realization of a democratik society. To achieve this,
not only the state b}t also civil socimty, ngos and the
media should play an active role to maintain harmony.
