Star Law Book Review
Constitution: Beloved wealth for the nation
Bangladesher Songbidhaner Bikash, Boisishto O Bischuti
Author: Mohammod Golam Rabbani
Bangladesh Chorcha-18
Publisher: Rehana Huq
Distributor: Suborno and UPL
First publish: July 2009
Price: 100 Tk.
Cover design: Mobarak Hosen Liton
Md. Raisul Islam Sourav
JUSTICE Rabbani treats his present book Bangladesher Songbidhaner Bikash, Boisishto O Bischuti as the prelude of the preceding book, 'Bangladesh Shonbidhaner Shohoj Paath'! He does not treat it as a sequel rather a prologue. Interestingly, this prelude came after the publication of his 'Sohoj Paath' of the Constitution. He feels reminder to inscribe a preface of his former book for the readers. This book is the initiative of that aide memoire. In point of fact, “Misbahuddin Khan Memorial Lecture” constitutes the contents of the book. The book consists of principally three chapters.
The opening chapter deals with the chronological growth of Bangladesh Constitution. “Constitution is the adored wealth for every nation”, J Rabbani said in his elucidation of this writing. Hence, understanding of the Constitution is essential. In this episode, writer focuses on the historical milieu of the birth of Bangladesh and misfortune she confronted with. The epoch of his discussion is four century before Christ to 4 November 1972 (when this Constitution was adopted by the parliament of independent and sovereign Bangladesh). Prior to 16 December 1971, Bangladesh was governed by Pakistan for 24 years and about 200 years by British. Earlier than this phase, we were not truly independent rather governed by different Kings and Samrats. Who were not men of this land! Consequently, prejudice, inequity and oppression perpetuated in our forehead. Accordingly, swinging arose in different time by the peasants, planters or by the workers. So-called leaders of this territory did not contribute to make this land free from the foes, although history was written in the name of them.
Rabbani J. recognises the contribution of the cultivators and workers who fought for us in making the country. The history of this land is not written over night, to a certain extent it relates with the blood of the unsung poor sons of this land. No one give them freedom, they achieve this freedom by dedicating their life. Author mentioned glorious history of Bangladesh in this chapter. He tells us that the victory of British against Mughal emperor was a “Historical Accident”. In the eye of the writer if this accident did not occur then the territorial area of Bangladesh as stated in Art. 2 of the present Constitution might have expanded to Himalaya in north and in east Bhutan and in west Nepal.
Rabbani J. reminds us the history. Today's Bangladesh is made by sweat, labour and blood of million cultivators. A single aggrieved or an agitated village might not counted by the historian, but billion agitated must be counted. In this chapter author, mainly hub on assorted insurrection of Bengal, absorbance by the ruler, Hindu-Muslim sectarianism, division of India and lastly historical birth of Bangladesh by freedom fight in 1971. The history of Bangladesh Constitution will be clear from this chapter. 1972's Constitution was written with the spirit of getting freedom from all sorts of obstacles and it was full of the reflection of wish of such rebellious farmers and workers who fought for that freedom for themselves.
Afterwards, in chapter two, writer describes features of Bangladesh Constitution. Here the writer remarks that Bangladesh Constitution is a 'self-born' Constitution. Since it was not achieved by any exterior power; jingoism of the liberty fighters and expectation to be a free nation influenced to born it. He argues if individual-person enjoys real independence then its communal result turns into social independence; otherwise, social independence becomes an abstract concept.
What are the characteristics of Bangladesh Constitution is described in its preamble (Para 2): “Pledging that…the spirit of nationalism, socialism, democracy and secularism shall be the fundamental principle of the Constitution” ('72's Constitution). Identical aspire is avowed in the part II of this Constitution, which deals with fundamental principles of state policy. Art. 8(1)- “Nationalism, socialism, democracy and secularism- together with the principles derived from them as set out in this part, shall constitute the fundamental policy of state policy”.
Next, writer explains the bona fide concept of nationalism, socialism, democracy and secularism one by one in his book. In case of our nationality, we are often bewildered with whether we are “Bangali” or “Bangladeshi”? Golam Rabbani endeavors to reach a decision regarding this question in his book. None of the Articles in the constitution per se cannot furnish authentic meaning of nationalism or nationality. As a result, to grasp the connotation of nationalism one must read Art. 6 along with Art. 23, 24, and 29(3).
On the whole, part II bears the spirit of socialism. It aims to establish a well-fare state. Art. 10, 13, 14, 15, 16, 17, 18, 19, 20 and 42 of our Constitution reflects the sprit of socialism. Afterwards Art. 7, 11, 59 & 60 straight the true trail of democracy and last one, secularism was determined by Art. 12 and 38.
In the last chapter of the book the author, transcribe the deviation of Bangladesh Constitution from the original Constitution of 1972. He alleged, lacuna of ought ness is liable for this digression. What is ought ness? Firstly, lucid perception amid what is done and what is ought to be done? Secondly, constant exploration of truth in a logical manner. Divergence of the Constitution must humiliate such ought ness and this was done by the despotic ruler who were appropriated the power by illegal and undemocratic way with mal intention.
Earliest deviation of Bangladesh Constitution was altering the expression independence instead of freedom (which type of audacity they exposed!). Freedom and independence does not clutch the equivalent denotation. It is not synonymous word. Independence means mere sovereignty of a state whether freedom means all sorts of freedom emphasizing economic freedom, social freedom etc. Later distorted the sense of “Socialism”- Art. 8(1). They inserted a self-made interpretation of socialism. Repealing of original Art. 10 was one more step to deviate the Constitution from its key track and as opposed to that Article place a superfluous as well as flabby Article with a sub-title of “Participation of women in national life”.
Art. 12 of the Constitution contain occupied gist and definition of “Secularism”. These tyrannical rulers rescind it as well as changed the provision of Art. 38. Moreover, added “Bismillah-ar-rahman-ar rahim”! Yet we acquainted that, the state, which we acquired from Pakistan, was founded on the strength of secularism. Apart from this, they meditated these changes were not adequate to sturdy their chair, as a result they misused Art. 25. The author makes his writing dependable by using numerous references. Researchers shall be benefited from such references. The manuscript will be supportive for not only the Researchers but also Students, Teachers, Lawyers, Judges, Lawmakers and other professionals.
It appears that the concluding part of the book bears the essence of the book. In this portion writer describes three incidents of 1992, 2008 and 2012.
1. In the first confrontation, minstrel-journalist Monazatuddin reported about an ill luck freedom fighter Shah Alam, who begged at the street for his livelihood. He changed his former place of begging to Firmgate over bridge for better income. One-day police was arrested him. Consequently, his family became unaided. Our Govt. is fails to arrange least means of survival.
2. In 2008, Dr. Andrew Alok Kumer Dewari, a teacher of Chittagong University committed suicide. Before committing the suicide, he wrote a note that- “no one is answerable for his suicide, born in this country is curse for me”. The malignant boil of sectarianism was seeded by the dictatorial govt. is responsible for his death.
3. Golam Rabbani here sketches a dreamt Bangladesh of 2012. When, we will rejoice 40 years of our Constitution adoption day (according to Art. 153, 16 December is our Constitution adoption day). When fundamental principles of state policy would be implemented and Bangladesh would turn into a welfare state.
Rabbani J. has dedicated his current book to the present plus future youthful age group. In addition, he vests the duty of making such dreamt Bangladesh to them. He is as optimistic as Rabindranath. In Balaka Rabindranath said: “Ore nobin, ore amar kacha/Ore sobuj, ore obuj/Adh-morader gha mere tui bacha”.
Can we succeed Justice Golam Rabbani's dream?
The writer/ reviewer is a student of LL.M., Department of Law, Northern University Bangladesh (NUB).
