Redefining freedom fighter: Ministry, Cabinet Division at odds over the move

The legal expert committee of the Cabinet Division has opposed the Liberation War affairs ministry's proposal to redefine the term "freedom fighter," saying legal and hierarchical complications may arise from it.

The ministry, on the other hand, seems to be firm on its stance as it recently resubmitted the proposal to the Cabinet Division without changing the segment that deals with the definition of freedom fighter. Now it's up to the Advisory Council to make the final call.

In its draft amendment to Jatiya Muktijoddha Council Act, 2022, the ministry proposed separate definitions of "freedom fighter" and "associates of the Liberation War ".

Upon reviewing the draft, the Inter-Ministerial Committee on Legal Draft Review and Opinion" under the Cabinet Division said that such a change could lead to legal and hierarchical complications. It sent the draft back to the ministry in March for further review.

The ministry argues that the redefinition is justified as there will be no changes to the existing benefits enjoyed by freedom fighters.

"We hope the Advisory Council will resolve the issue. That is why we have resubmitted the draft to the Cabinet Division without any changes to the segment," a joint secretary at the ministry told The Daily Star on condition of anonymity.

Seeking anonymity, one of the panel experts said, "This kind of change will surely drag the government into a major controversy. And it will be challenged in court."

Jatiya Muktijoddha Council Act was enacted in 2002 and last amended in 2022. The amendment expanded the definition of freedom fighter to include both armed combatants and those who contributed politically, administratively, financially, or intellectually within or outside the country.

MINISTRY'S MOVE TO CHANGE LAW

At a meeting on March 23, the expert panel apprised the Liberation War affairs ministry of potential complications if the definition in the law is changed.

"In the draft ordinance, a separate definition of 'associates of the Liberation War' has been introduced. These individuals are currently recognised as 'Bir Muktijoddha.' Redefining them simply as 'associates of the Liberation War' could lead to legal complications and discrepancies in status and privileges," the committee said in its observation.

Defending the move to change the definition,Faruk-E-Azam, adviser to the Liberation War affairs ministry, said, "Various organisations of freedom fighters have raised the demand, objecting to putting the battlefield veterans and others in the same category.

"I fought on battlefields... I believe their demand is justified," said Faruk, who was awarded the Bir Pratik title for his role in the Liberation War.

DEFINITION OF 'BIR MUKTIJODDHA'

According to the draft amendment, those civilians who actively took part in the war against the Pakistan occupation forces and their collaborators -- Razakar, Al-Badr, Al-Shams, Muslim League, Jamaat-e-Islami, Nezam-e-Islam, and members of Peace Committees -- between March 26 and December 16, 1971 will be recognised as "Bir Muktijoddha". They must have met the minimum age requirement set by the government at that time.

The revised definition outlines three categories of civilians: individuals who crossed the border to India, got enlisted at training camps and actively participated in the war; "Biranganas" who were victims of atrocities by the Pakistani forces and their collaborators; and doctors, nurses, and their assistants who treated injured freedom fighters at field hospitals during the war.

Besides, members of the armed forces, Mukti Bahini, East Pakistan Regiment (EPR), police, Ansar, Bangladesh Liberation Forces (BLF) and other recognised forces, and naval commandos will be recognised as "Bir Muktijoddha".

'ASSOCIATES OF LIBERATION WAR'

The ministry proposed recognising those individuals as "associates of the Liberation War" who -- both at home and abroad -- inspired freedom fighters, played the role of organisers, helped accelerate war efforts, contributed to shaping global opinion or securing diplomatic support, and strengthened the resilience of Bangladeshis between March 26 and December 16, 1971.

There are five categories of associates: the first category includes Bangladeshi professionals who made significant contributions to the Liberation War while staying abroad.

Individuals who served under Bangladesh's first government -- officials, employees, envoys, doctors, nurses, and support staff appointed by the Mujibnagar government -- fall under the second category.

The third category includes the members of the National Assembly and the Provincial Assembly, who were later incorporated into the Constituent Assembly.

All artistes and staff of Swadhin Bangla Betar Kendra, and Bangladeshi journalists who worked at home and abroad in favour of the Liberation War are in the fourth category.

Members of Swadhin Bangla Football Team are in the fifth category.

WHAT EXPERTS SAY

Liberation War researcher Afsan Chowdhury described the ministry's move as "a reflection of narrow-minded thinking".

"Categorisation of freedom fighters is problematic," he told The Daily Star.

"If only those who fired weapons are considered true freedom fighters, then what about those who inspired them, procured arms or raised funds? Would they be considered half-freedom fighters? This will only create confusion.

"The Liberation War was a people's war. People from every walk of life participated in it in various ways... Creation of such categories will dent the broader spirit of the war."