Untold Facts

Reverting back to the 1972 Constitution: Not Practicable Proposition

Easier said than done
The Technocrat Law Minister has been repeatedly asserting that the country would revert back to the 1972 Constitution as soon as the appeal in the Supreme Court is rejected in the matter of the 5th Amendment. In terms of legal implications he has not said anything incorrect, but in terms of practicability of the ‘Past and Closed’ chapters cited in the same High Court verdict the matter may not be that said easier than done.

Legacy of the LFO
First, the 1972 Constitution had no full nod of the people of Bangladesh as far as constitutional bases were concerned. Because, the 1971 war of independence though fought by the youths led by some political leaders who happened to be elected leaders under the LFO that meant and had no mandate whatsoever for independent Bangladesh but for some thing else, that was to frame a Constitution for the federal Pakistan.

Legitimacy issue
Secondly, even if the 71 Independence war would be taken as a revolution for dismemberment of Pakistan that had hardly been legitimate so far as the constitutional legitimacy was concerned. Thus no involvement of any other group except the Awami League members in the Constitution making made it a continuity of the LFO and that of the legal continuity of the Pakistan State.

Dictated by Delhi
Thirdly, the 72 Constitution was dictated by Delhi just as Delhi dictated even the Education Commission Report, Planning Commission principles etc. directly by senior Indian Civil Service experts like D.P.Dhar, P.N. Haskar, General Oban etc.

Reflections of the Indians
Fourthly, the Delhi dictated constitution had in fact reflections of the wishes of the Indian authorities, and little, if nothing of the popular will of the people of Bangladesh. The incorporation of the Bengali nationalism, socialism and secularism had little to do with the struggling historic and distinct people of former East Bengal.

East Bengal’s distinctiveness
Fifthly, the people of East Bengal, and the majority of them being Muslims in religious faith stood firmly since the coming of the English/ British rulers in the mid eighteenth century against the repressive oppression of the colonial masters and their local henchmen and unduly privileges lots who in most cases happened to be the upper caste Hindus and the newly emerging educated professionals. Thus East Bengal got the first taste of freedom in 1947 and the second in 1971 as one must see clearly that the geographical entity of 1947 remains the geographical identity of 1971, nothing different, less or more. The East Bengal got the entity through popular votes in 1947 that was not rejected but reconfirmed in 1971 but through some sad bloodletting.

Muslim Nationhood
Sixthly, the East Bengal entity confirmed and reconfirmed Muslim nationhood identity that in the process it rejected one undivided India myth.

Transcendental values
Seventhly, Muslim nationhood provides distinct norms and values that transcend geography, race, and language and is thus capable of accommodation of diverse people even of other religious faiths. Thus Bangladesh in 1972 had to have a Constitution that would fit in the paradigm of Muslim nationhood. Unfortunately the then leaders failed in the noble goal and yielded to what Delhi had dictated them over.

From day one
Eighthly, the underhand dissention that lied in the minds of the people since the day one of Bangladesh in matters of identity question and identity based constitution making took its way following the August 1975 revolutionary changes of administration of the country. The Fifth Amendment of the Constitution duly met the identity aspirations of the people not arbitrarily but through duly elected Parliament in early 1979. That continuity of the 5th Amendment that not only met right aspirations for identity of the people but also guaranteed pluralism and multi-party democracy for running the county kept the country up to this day for over three decades in 2009. What would happen to the chapters gone by and implications of all the dispensations for the last three decades? Would they all be turn to naught and of no value?

People’s aspirations
Will the people at ease accept the 1972 Constitution? Could the brute majority of the present government be comfortable enough with full confidence annul everything of the BISMILLH, TRUST ON THE ALMIGHTY ALLAH etc. that the 5th Amendment incorporated in the Constitution for honoring the belief system of the overwhelming majority people not ignoring the belief system of other religious minority groups, as well?

Which secularism?
Well, the vague idea of ‘secularism’ is nothing specific and not exactly one in every society. Britain is said to be a ‘secular’ country meaning ‘separation of church and state’. The truth is that the Crown or the King/Queen is head of both temporal and spiritual matters. Besides, the more crucial matter is that as the country has no written Constitution and is run by Conventions and Usages that are all embedded into Christian values and ethics, the society in reality is Christian value based one. America and Europe are in all practicable way Christian countries and dominantly Christian value based societies. Wherever there are deviations in the value system as in sex and sexuality affecting family matters, anarchy has stepped into social norms, relations and attitudes. Must Bangladesh go for any such anarchy in this society for the over enthusiasts secularists agenda by bringing back the 1972 Constitution?

Values embedded in religions
In the final analysis value system is created in the religious faiths. Many atheists even did not disagree in the matter. Western civilization is based on Christian ethics and morality. Indian dominant value system is based on Hindu culture. Muslims lives are guided overwhelmingly by Islamic humane value system. The post revolution socialists and communists attempted to frame their own communist value system but hardly succeeded that ended ultimately in disjointed religious value systems, for example, in the break up of the USSR in early 1990s. That the Bangladesh Law Minister representing the present Government has been asserting that they would establish ‘secularism’ but of what value system they would impose on the people? They might say that as they have been pursuing for the Bengali nationalism they would have full Bengali value system. Is there anything worthy of the name?

Epical outdated norms
Historically and more epically or in mythological belief the name Bengali is derived from the term BANG, being one of the five adopted sons or Baleya Khatriyas of King BALI according to renowned historian R. C Majumder. Bang’s value system was anything but Islamic humane ethics and morality and ridden in caste prejudice dipped into ‘purity and pollution’. How would the secularists of Bengali identity persuasion attain equality of opportunities of human being, much less ‘socialism’ already a dead item, in their brand of epical ‘Bengali nationalism’ and ‘sham secularism’? I have coined the term ‘sham secularism’ from a writing of late renowned journalist A Z M Enayetullahh Khan for the Awami league’s secular way of repression on the people during 1972-75 and also during 1996-2001. Their oppression perpetrated by extra-constitutional killer force Rakhsmi Bahini for implementing their brand of ‘secularism’ and ‘socialism’ enshrined in the 1972 Constitution tragically brought their doom in mid August 1975. And now in the foreseeable failure of the capitalists and free market proponents has only bright promise of the economic success of the Islamic egalitarian system in Bangladesh that they in some illusion wish to stop by reverting back to the 1972 Constitution!

Romanticism of Dictator
There are, however, very few who would not be afraid of their romanticism with the constitution as their top leader in early 1970s had made romanticism in abandoning pluralism and multi-party democracy and introduced instead lone party dictatorship in early 1975 that though was rightly toppled in about seven months time on the historic day of the 15th August 1975 with promise of implementing Islamic equitable social justice system that gives light ahead of the dark tunnel of the Awami Leaguer’s manifesto.

People’s resistance imminent

I would have a sincere feeling that the people would resist the romantic move for preservation of their soothing integrated family lives and peaceful spiritual aspirations from any encroachment by the romantic state power to make it, according to George Orwell, a deeply despised ANIMAL FIRM.

Author: Dr. M.T. Hussain