“The Critical view of The Constitution of The People’s Republic of Bangladesh in the light of the relationship between religion and politics.”
“History does not kill. Religion does not rape women, the purity of blood does not destroy the buildings and institutions do not fail. Only individual do those things.”
(Mr. Giandominico Picco; 1999, UN Year of the Dialogue)
In the modern political discourse the most debated issue is the secularism. The world is divided into two categories one is trying to make a secular state and another is trying to make a religion based country. Bangladesh is also involved into this debated issue because the people of Bangladesh are divided into different identity and religion. In this discourse the interesting thing is the people also divided into two groups; one is Pantheist (those believe in God) and another is Atheist (those do not believe in God). In this reason Religion is all over the world is an ambiguous topic. Some people believe it is a way to go to the God and Somebody believe it is an instrument of the state to control the mass people in the name of God.
Before discussing the condition of Bangladesh constitution I would like to briefly present the notion of politics, religion and constitution because without a clear idea of these three topics we cannot reach out our desire destination.
Politics (from Greek politicos “of ,for, or relating to citizens”) as a term is generally applied to the art or science of running governmental or a state affairs, including behavior within civil governments, but also applies to institutions, fields, and specials interest groups such as the corporate, academic, and religious segments of society. It consists of “social relations involving authority or power” and to the methods and tactics used to formulate and apply policy. (Ref; Wikipedia)
Modern political discourse focuses on the democracy and relationship between people and politics. It is thought of as the way we, “choose government officials and make decisions about public policy.”
Religion is a collection of cultural system, belief system and worldviews the relate humanity to spirituality and, sometimes, to moral values. Many religions have narratives, symbols, traditions and sacred histories that are intended to give meaning to life or to explain the morality, ethics, religious laws or a preferred lifestyle from their ideas about the cosmos and human nature. (Ref; Wikipedia)
Religion word sometimes used interchangeably with faith or belief system, but religion differs from private belief in that it has a public aspect. The practice of religion may also include sermons, commemoration of the activities of a god or god’s sacrifices, festivals, feasts, trance, initiations, funerary services, matrimonial services, meditations, music, art, dance, public service, or other aspects of human culture.
The constitution is the collection of main and fundamental rules and regulations to direct the state in a right way. “The constitution is the way of life the state has chosen for itself.”(ref; Aristotle, the Politics) and Prof. H. Finer said, “The system of fundamental political institution is the constitution and it is an autobiography of power relationship.” and C. F. Strong says, “Constitution is the government, rights of those governed and the relation between the two and adjusted.” State is not a product of divine origin. It is a product of human being. So everything depends on human law.
Now, I would like to discuss the constitution of Bangladesh according to its article which is related to religion and politics. They are alike;
According to the article 8(Fundamental Principles) of the constitution:(1) the principles of the nationalism, socialism, democracy and Secularism, together with the principles derived from those as set out in this Part, shall constitute the fundamental principles of the state policy.
The above article is very much confusing because it is an opposite article of the article 2(A) and that is The State religion: “The State religion of the Republic is the Islam, but the state shall ensure equal status and equal right in the practice of the Hindu, Buddhist, Christian and other religions.” This statement is also ambiguous and antagonistic itself.
One of the amended ones is article 12, which prohibited religion based politics. The question is whether a political party`s name with the words “Muslim” or “Islamic” or “Hindu” or “Christian” is prohibited under the constitution.
The article 12 is Secularism and freedom of religion. The principle of the secularism shall be realized by the elimination of—(a) communalism in all its forms;(b) the granting by the state of the political status in favor of any religion; (c) the abuse of the religion for political purposes;(d) any discrimination against , or persecution of, persons practicing a particular religion.
Article 28 of the constitution is Discrimination on grounds of religion, etc—(1) the state shall discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth. (3) No citizen shall, on grounds only of religion, race, caste, sex or place of birth be subjected to any disability, liability, restriction or condition with regard to access to any educational institution.
The concept of freedom of religion is further stipulated in article 41 of the constitution, which is as follows:
Subject to law, public order and morality: (a) every citizen has the right to the profess, practice or propagate any religion; (b) every religious community or denomination has the right to establish, maintain, and manage its religious institution
No person attending any educational institutions shall be required to receive religious instruction, or to take part in or to attend any religious ceremony or worship, if that instruction, ceremony or worship relates to a religion other than this own.
Article 41 is founded upon on religious pluralism. In Bangladesh, people of various faiths are deeply religious, and the most devoutly religious people are also the staunchest defenders of religious pluralism.
It is only in the constitution but practically it is not happened all the stage of officials of the country home and aboard. There is question that is it written only for show up? The political parties of Bangladesh involve into the religion based vote politics but it is prohibited by constitution of Bangladesh article 12.
The political parties of Bangladesh always try to amendment the constitution according to their political gain. That’s why there are about 15th amendments already occurred in our constitution.
On June 30th 2011, the Bangladesh Parliament passed the 15th amendment to the constitution, and it was signed by the President on 3rd July, 2011. The constitution now comes into effect with the assent of the president. The constitution of 1972 has gone through 14th amendments, the last of which was adopted in May, 2004.
The 15th amendments to the constitution brought 55 changes, some of them reversions to the 1972 constitution, following the judgment of the apex court on the illegality of the fifth, eight and thirteenth amendments.
Among the 15th amendments of the constitution of Bangladesh three amendments are related to directly with religious aspects. First amendment of the constitution is related to the War criminals of 1971 but it is also related to a religion base political party (Jamate-e -Islami).
The 8th amendment of the constitution includes the Islam as a state religion of the Bangladesh. And 5th amendment add the “Bismillah-ar-Rahman-ar- Rahim means in the name of Allah, the Beneficient, the Merciful/In the name of the creator , the Merciful.” And it is still present after the 15th amendment.
The 15th amendment of the constitution declared the most ambiguous thing of the constitution which is Islam is state religion and other religion gained the same status. I think it is impossible because you cannot provide 100% neutrality of religion (secularism) by declaring one is state religion. Religious pluralism is a golden thread running through the constitution that was adopted on November 4, 1972.
The answer to the query is in the negative because it is not just the name of the parties the matters. What matters is whether a political party wants to change the structure of the constitution and laws of a state on the basis of a particular religious set of guidelines. In such circumstances, it is considered using religion for political purposes and is counter to the constitution of Bangladesh, which is a multi-lingual, multi-ethnic and multi-religious state.
When the political parties in their manifestoes want to change the structure, the system of government, judiciary and laws of the state in accordance with the principles and the beliefs of a particular religion among the multi-religious citizens, the people of other faith in such a state perceive gross discrimination on the basis of religion. Such discrimination is arguably untenable under the Bangladesh constitution.
The word secularism (the neutrality of religion) is to be distinguished from non-involvement with religion. Religious pluralism implies governmental engagement with religion for the purpose of treating all religious groups fairly, equally and equitably, while non-involvement implies governmental isolation from matters of religion.
It is argued that in the background of festering and destructive communal politics in British India, religious pluralism and Bengali-language based nationalism constituted the spirit of the Liberation War of 1971. The fact that Pakistani Muslim soldiers committed crimes against humanity against Bengali Muslims in 1971 demonstrates that commonality of religion could not hold back the Pakistani soldiers from committing such nefarious crimes. Our national poet Kazi Nazrul said, The prophet never said: “We have come for the Hindus or the Muslims or the Christian.” They said: “We have come for man. Like light We are for all.”(ref; Hindu-Muslim;article,Probond) The people of Pakistan and the ruler of Pakistan did not believe this statement because they are furiously committed to destroy the Bengali people in the name of religion and they thought that they are superior than Bengali.
History teaches us that contrary to the conventional wisdom, human beings are much more willing to die for their ideas than their interests; interests can be bargained for, but ideas are the foundations of identities, and nobody wants to compromise his identity. The diplomats of the seventeen century who negotiated the treaties of the Westphalia understood this well when they confirmed the principle cuius negio eius religio; after decades of religious wars, they decided that religion should not and could not be the organizing principle of international relation. Prince might be able to accommodate their conflicting interests, provided that religious affiliations gave way to political consideration.
We are now in the process of reserving that position. We are putting ideas, beliefs and values first. But this does not mean that we should expect religious states to replace ideological states, or religious interstate conflict s to replace the ideological interstate of twentieth century.
The fault line of religion is quite different from the fault lines of ideology, and their impact on the “international system” will not be the same. The growth of ideologies paralleled the growth of the modern state; the resurgence of religion is a sign of its weakening. We would like to believe , however ,that religion provides us with a new defining issue that does not call into question the state system as we know it, but only changes the reasons for conflict.(Ref; Jean-Marie Guenno; Globalization and the International system,page-22 to 35)
Bangladesh, despite a few extra-constitutional bumps on the on the road, has been very successful in keeping harmony among people of all faiths, which is consistent with the long-standing political and cultural history of the Bengali people.
Recently, a Vatican leader Cardinal Jean Lois Tauran, during his visit to this country , expressed happiness that Bangladesh could be considered “ as an example of how it is possible for the people of different religions to live together, cooperative together and simply be together.”
He tried to ascertain the reasons for such an extraordinary characteristic of Bangladesh. He posed question:” Is it based in Bengali culture? Is it based constitutional realities? Is it based in the history of the country? Is it based in the realm of religions themselves and in particular in Islam as it exist and is followed here? I leave the answer to those to expert.”
Given the foregoing one may argue strongly that if a political party uses religion for political purposes, meaning when it wants to change the basic structure, laws and judicial system of Bangladesh on the basis of one religious doctrine to the exclusion of other religions or faiths, it is counter to article 12 of the amended constitution.
In the name of vote politics, politicians cannot continue the pig politics according to Dr. Akbor Ali Khan (Pig Economics, Paratho Paroter Orthonity). I strongly support him because I believe that we can ensure peaceful cooperation, coordination and coexistence by reducing the practice of pig politics (in the name of religion and communal groups poltics) local level (village, upazilla) to central level.
Religion and politics is not the main destination of human being. The main destination of human being is to live in peace, harmony and to overcome the different obstacles of life unitedly. At the end of the discussion, I would like to conclude by saying that we must have to keep in mind, that “There can be no true friends without the true enemies. Unless hate what we are not we cannot love what we are.” (ref. S.P Hantington; The Clash of Civilization)
References:
The Constitution of the people’s Republic of Bangladesh( article,2A,8, 12,28 and 41)
The Clash of Civilization and the Remaking of World Order by Samuel Paul Huntington(page no:19 to 25)
The Post-cold War World, Globalization and the International system by Jean-Marie Guehenno (page; 22 to 35)
The Daily Star of Bangladesh :(a) 20th July,2011 (b) 13th July,2011 (c) 26th July,2011 (d) 31th July,2011
The Wikipedia by Google Search in Internet
The Current Affairs Special (1st May,2012)
The Constitution and Constitutional Law and Politics: Bangladesh perspective by Abdul Halim (page-105-180)
Pig Economics, Paratho Paroter Orthonity
33rd BCS (General Education) Cadre Officer.
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