What will happen to the bills?

ON September 10, Awami League lawmaker Saber Hossain Chowdhury moved two private members' bills in the House, one styled Oppression and Custodial Deaths (Prevention) Bill 2009, and the other Eviction of Slum Dwellers from Government Land (Prevention) Bill 2009.
According to the rules of procedure (ROP) of the Parliament, "private member" means a member other than a minister, either from the treasury bench or the opposition bench. Rules 72, 73 and 74 of ROP have laid down the detailed procedure for the introduction of private members' bills.
A private member desiring to move for leave to introduce a bill shall give to the secretary of the Parliament fifteen days' written notice of his intention and shall also submit three copies of the bill, along with an explanatory statement of objects and reasons. The bill shall be accompanied by a copy of the recommendation by the president if required under the constitution.
Newspaper reports suggest that the Oppression and Custodial Deaths (Prevention) bill seeks enactment of a law against torture and cruel, inhuman or degrading treatment or punishment by law enforcement agencies or government officials. It also proposes punishment including life-term imprisonment and suspension from service during investigation of charges against an offender, regardless of whether the offender is a member of regular law enforcement agencies or the armed forces, or of any public office.
In his statement supporting the bill, the lawmaker said that the proposed bill was necessary to uphold the constitutional provisions guaranteeing protection of the citizens under law. Since Bangladesh is a party to the UN convention -- signed on December 10, 1984 -- against torture and inhuman treatment or punishment, the country needs to have a law to protect its citizens from such malpractices.
The Eviction of Slum Dwellers from Government Land (Prevention) bill, seeking protection against eviction of slum dwellers, advocates that habitation is one of the basic human rights. The bill proposes several provisions to protect the rights of the poor, hapless, aged, destitute, disabled people and children.
Speaker Abdul Hamid sent both the bills to the parliamentary committee on private members' bills and resolutions for further scrutiny. The committee will scrutinise the bills and recommend or disregard those for placement in the House.
In the British parliament, a bill may be brought in either by the government or by a private member. Private bills are those bills that relate to "the interest of someone, locality, or corporation, municipality or other particular person, or body of persons." Such a bill originates in a petition that is examined by the paid officers of the House, called the examiners of petitions for private bills. If they report that the bill complies with the standing orders on private bills, the House proceeds with it.
The procedure for introduction of private members' bills in the Lok Sabha (House of People) in India is more or less same as in the Bangladesh Parliament.
The Bangladesh Parliament has a poor record of passage of private members' bills. Available record shows that out of over 300 bills submitted by private members, only 6 (all from treasury bench lawmakers) have been passed since independence.
It may be recalled that during the eighth parliament a number of ruling BNP lawmakers moved bills proposing a number of amendments to the constitution, aiming to help strengthen parliamentary democracy, promote good governance and make the parliament more effective. This embarrassed the ruling BNP.
Consequently, law minister Moudud Ahmed, in consultation with the party high command, imposed a restriction on the ruling BNP lawmakers, asking them to take permission from the Leader of the House or the party's parliamentary wing before placing a private member's bill in the parliament. So, those bills didn't see the light of day.
It will be interesting to see the position taken by the government regarding the passage of these private member's bills in a House where the AL-led ruling alliance has got four-fifths majority. This is because the passage of these bills will have widespread political, social and environmental ramifications.
Bangladesh does not have a satisfactory human rights record. Mass arrests, undue delay in producing an arrested person(s) before the magistrate, inhuman torture in the name of "police remand" extra-judicial killings, etc. are not uncommon.
While speaking in the first session of the current Parliament, an influential member of the ruling AL alleged excruciating torture on him by the DGFI after 1/11, and called for a parliamentary probe into the matter. He demanded that those responsible be meted out exemplary punishment.
The government may also find difficulties with the "Eviction of Slum Dwellers from Government Land (Prevention) Bill." Any government may find it difficult to allow people in towns and cities to continuously and unauthorisedly occupy its land. However strong the government's point may be, eviction of slum dwellers without providing alternative accommodation is considered inhuman.
It will look odd if the government opposes the first private member's bills piloted by its party lawmaker in the ninth Parliament. The people will, therefore, be watching the fate of these two bills with great interest.

M. Abdul Latif Mondal is a former Secretary to the Government. E-mail: [email protected]