Enjoying constitutional rights

As citizens of The People's Republic of Bangladesh, we have some exclusive rights that are guaranteed and protected by the supreme law of the land. These rights are called 'fundamental rights of the citizen'. The numbers of fundamental rights recognized by our constitution are mainly nineteen, which are directly related to the right of the citizens. Every national of this land should equally enjoy these rights. State is obligated to ensure these rights by virtue of the constitution. Nevertheless, it must be borne in mind that each of the fundamental rights is subject to reasonable restriction imposed by law. Otherwise, natives can exercise these rights without any kind of interference imposed by the executive. These rights are weapons for the mass people against the government. Moreover, any law inconsistent with the spirit of the fundamental rights is liable to be void.

High Court Division (HCD) of the Supreme Court makes safeguard of these rights on behalf of the national and when executive organ of the state tries to violate the rights given by the constitution, HCD prevents such action by its jurisdiction conferred by the Article 44 & 102 of the constitution of the People's Republic of Bangladesh. The following articles are the rights that are golden sticks of empowerment for us:

1). Art. 27-All citizens are equal before law and are entitled to equal protection of law
2). Art. 28(1)-The state shall not discriminate against any citizen on grounds only of religion, race, castle, sex or place of birth 3). Art. 28(2)-Women shall have equal rights with men in all spheres of the State and of public life 4). Art. 28(3) - No citizen shall, on grounds only of religion, race, castle, sex or place of birth, be subjected to any disability, liability, restriction or condition with regard to access to any place of public entertainment or resort, or admission to any educational institution 5). Art. 29(1)-There shall be equality of opportunity for all citizens in respect of employment or office in the service of the Republic 6). Art. 29(2)-No citizen shall, on grounds only of religion, race, castle, sex or place of birth, be ineligible for or discriminated against in respect of any employment office in the service of the Republic 7). Art. 29(3)(a)-Nothing in this article shall prevent the State from making special provision in favor of any backward section of citizen for the purpose of securing there adequate representation in the service of the Republic.

8). Art. 29(3)(b)-Nothing in this article shall prevent the State from giving effect to any law which make provision for reserving appointments relating to any religious or denominational institution to persons of that religion or denomination
9). Art. 31-To enjoy the protection of law and to be treated in accordance with law, and only on accordance with law, is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law 10). Art. 32- No person shall be deprived of life or personal liberty saves in accordance with law 11).Art. 33(1)-No person who is arrested shall be detained in custody without being informed, as soon as may be, of the ground for such arrest, nor shall he be detained the right to consult and be defended by a legal practitioner by his choice 12).Art. 33(2)-every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty four hours of such arrest, excluding the time necessary for the journey from the place of arrest to the court of magistrate, and no such person shall be detained in custody beyond the said period without the authority of the magistrate 13). Art. 34(1)-All form of forced labor are prohibited and any contravention of this provision shall be an offence punishable in accordance with law 14).Art. 35(5)-No person shall be subjected to torture or to cruel, inhuman or degrading punishment and treatment 15). Art. 39(1)-Freedom of thought and conscience is guaranteed 16). Art. 39(2)(a)- The right of every citizen to freedom of speech and expression 17). Art. 41 (1)-Subject to law, public order or morality (a).  every citizen has the right to profess, practice or propagate any religion
(b). every religious community or denomination has the right to establish, maintain and manage its religious institutions 18). Art. 42(1)- Subject to any restriction imposed by law, every citizen shall have the right to acquire, hold, transfer or otherwise dispose of property, and no property shall be compulsorily acquired, nationalized or requisitioned save by authority of law.

However, the President can suspend some of these rights (Art. 36, 37, 38, 39, 40 & 42) by promulgating emergency. Therefore, it is the time to protect undue interference of the government to enjoyment of the fundamental rights and ensure proper remedies through court, if required. 

Respect the waving flag

AFTER The Cabinet decision to revise 'The Bangladesh National Anthem, Flag and Emblem Order, 1972; parliament passes the bill on 20 July 2010. There is a provision in the amended new Order, If any body disrespects the flag and use as it indiscriminately, the new amended law will punish him (maximum two years’ imprisonment and Tk 10,000 fine or both). The national flag cannot be kept at half-mast excepting at the national mourning day, international mother language day and any other national day declared by the government as per the revision.

People can use the national flag on their vehicles only on the occasion of the national day, and not generally. In exercise of the powers conferred by Article 5 of the Bangladesh National Anthem, Flag and Emblem Order, 1972 (P.O. no. 130 of 1972): the National Anthem shall be played on such occasions, to such extent and at such places as may be determined by the Government from time to time. A rule of ’78 made under this Order formulates all rules and regulations relating to national flag and national anthem.

In case a foreign mission in Bangladesh wishes to play its National Anthem at a public function in Bangladesh, prior permission of the Ministry of Foreign Affairs shall be necessary. If permission is accorded, the National Anthem of Bangladesh shall also be played in that function before the foreign National Anthem is played.

In accordance with the inserted provision “When the National Anthem is being played on the arrival of a dignitary or at the ceremonial hoisting of the Bangladesh Flag, all ranks in uniform, not being under the orders of the Officer Commanding a parade, shall stand to attention; and all Officers, including spectator officers in uniform, Junior Commissioned Officers, Warrant officers and Non-Commissioned Officers shall stand to attention saluting at the first note of the Anthem and shall keep in that position until the last note of the National Anthem has been played”.

In addition, “When the National Anthem is played and the National flag is displayed, all present shall face the flag; when the flag is not displayed, all present shall face the musicians/ band; civilians in Western head dress shall uncover their heads and civilians in any other head dress shall stand to attention”.

The law was enacted in 1972 and gone 38 yrs of such passing; we feel the necessity of updating the law! Every sovereign State of this earth has a National Anthem and National Flag. It’s effort as a symbol for that nation. Every such Flag and song of praise has some unique features relating with the convention and sprit of that nations. It is an individuality for a State, moreover a source of inspiration. That’s why the color of jersey is the color of national flag and after exultation of Mount Everest Musa appropriated our flag in the deep of the heart of the longest mount of the planet. National flag & anthem is the latent cause of stimulation. We witness previous to starting football or any other international or national game, national anthem or any theme song based on the nationalism of such has been played. Similarly after winning an award in Olympic or any other festival conqueror(s) first take their national flag over their head. We also inspired from our flag on the occasion of Independent day, Victory day or any other day which is for any reason special for us.



We achieved our National hymn and Flag after the liberation war of 1971. To achieve this distinctiveness we lost 30-lakh life! Ergo, we have a further sentiment regarding national flag and anthem. Because we invigorated by our National Anthem and flag whenever we face difficulties.

This anthem of Rabindranath and our gorgeous Green and Red flag had massive involvement during the liberation war period and other national actions like 52’s language movement, 6 points of 1966, 69’s movement etc. Rabindranath is the only poet in the world who wrote two country’s national anthem namely Bangladesh India. The lyrics and tune of our national song of praise has a magical spirit. A musician, nominated it as one of the most beautiful national anthem of the world just few yrs past!

However, a few people and a number of associations from time to time insolence our beloved National flag and national anthem, written by Kobi Guru Rabindronath. They want to build a sectarian Bangladesh. They do not perceive tangible magnitude of national flag and anthem. We must shield our this beloved wealth from themselves even by dedicating our life. Regrettably, we are deteriorating to uphold the decorum of our flag and anthem. Explaining the background of the amendment, Cabinet secretary said, “People were not showing adequate respect to the flag and anthem”.

Where is our jingoism? Can nationalism arise by enacting law? It is not a matter of law rather a matter of love, affection, morality and passion for the beloved mother earth. Why people not viewing adequate admiration to national hymn and flag. Is state not be up to snuff to arise devotion; or in an another way it can be asked that, is State endeavor to arise patriotism in the heart of its inhabitant? Readers may know well the answer of this question. It is the solemn duty of the State to create such type of respect ness in the deep of the heart of it’s inhabitant. Mere enactment of a law is not sufficient to expose respect. When State can ensure it’s obligation only then every person done his duty. Otherwise, no law will be effective.

National flag and anthem is the needle for the State. It is the pictogram of national unison. Flag is similar to a sunshade, intertwine on our head to guard the sovereignty, which we achieved by the price of one ocean blood! Hence, it is our solemn duty conferred by the Constitution to esteem national flag and anthem, which bear our identity as a Bangali. Let’s time to espouse the dignity of national song of praise and flag even by dedicating life as our freedom fighters dedicated their lives to gift us a separate identity.

[N. B. A divisional bench of the High Court Division of the Supreme Court declared a verdict on the use of National anthem as ring tone or welcome tune (the tune which can be heard after the entrance of the call to the desire phone) of cellular phone on 5 August 2010. HCD declared it illegal. Because, Art. 4 of our Constitution determine a song as our national anthem (first 10 lines of “Aamar Sonar Bangla/Ami Tomai Bhalobasi….” written by Rabindranath) and parliament enacted a law i.e. “The Bangladesh National Anthem, Flag and Emblem Order, 1972” for the use of this national anthem. This enactment consolidated all rules and regulations regarding the use of national flag and national anthem and when and how this song is sang is determined by that law. Any further use of national anthem is not lawful. Moreover, national anthem can’t be used as a matter of business. Furthermore, it creates an opportunity to denigrate our adored national song of praise. On the basis of this argument, HCD gave this verdict and ordered to give fine Tk. 50, 0000/- to five Govt. hospitals to each mobile phone operator specifically Grameen Phone, Banglalink & Rabi. However, those who are already used the ring tone and welcome tunes, what will be their fortune are not mentioned by the verdict.]

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


Ahead of writing this book, Golam Rabbani ongoing his expedition to write on Bangladesh Constitution by ‘Gonoprogatontri Bangladesher Songbidhan: Sohoj Path”. This paperback is his subsequent book on Constitution and he said, it is the prelude of the preceding book! He does not treat it as a sequel rather a prologue. Fascinatingly, this prelude born after the publication of Sohoj path of Songbidhan. 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 remembering lecture-2” formulates in the book. The book is consists of principally three chapters. Development, trait & digression (Bikash, Boisishto O Bischuti) of the Constitution of People’s Republic of Bangladesh. In addition of this, there is an instigator’s explanation regarding basically on the size of the book; reasons behind writing this book, which is naturally written by J Rabbani even in his newspaper writing and a conclusion. The book is tiny in size, only 63 pages. In the speech of the author one of the reason of this, is for the handiness of the readers to clutch the book effortlessly. With the intention that they can read it repeatedly.

The opening chapter is consisting by chronological growth of Bangladesh Constitution. “Constitution is the adored wealth for every nation”, J Rabbani said in his elucidation of this writing. Hence, realization of Constitution is sine qua non (essential). In this episode, writer focuses on the historical milieu of the born of Bangladesh and its misfortune. 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 soil. Consequently, prejudice, inequity and oppression were existed forever and a day with us. Accordingly swinging was arisen 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 foe. Although history was written in the name of them.

Nevertheless, Rabbani is not such a so-called history maker. He recognizes the contribution of the cultivators and workers who were fought for us. The history of this land is not written within a day or over a night, to a certain extent it relates with the blood of the infamous poor son of this land. No one give them freedom, they achieve this freedom by dedicating their life. Author mentioned glorious struggling history of Bangladesh in this chapter. He whispered the victory of British against Mughal emperor was a “Historical Accident”. In the eye of the writer if this accident not occurred then the territorial area of Bangladesh as stated in Art. 2 of the present Constitution may expand to Himalaya on north and on east Bhutan and on west Nepal.

Geographically our land is suitable for cultivation. Most of our ancestors were farmer for this particular reason. They made this land green with corn by their affection, love and merit. In that time their life mainly centered by farming and small handy craft. However, the rulers were not concern about them. They never support the worker class of Bangladesh somewhat engage to absorb their blood by diverse means. They were evicting farmers from their land whimsically. They were sowing the seed of communalism between the Hindus and the Muslims.

Instigator provides a quantity of statistics for the readers to judge against the rate of discrimination. Today’s Bangladesh constructed by sweat, labor and blood of million cultivators. A single aggrieved or an agitated village might not counted by the historian, but billion billion agitated must be counted. They first took initiatives to confer reply to the absorbent. They lead and formulate a lot of revolution, like: Komilla krishok-bidroho (1767-69), Tati-bidroho (1770-80), Chakma-bidroho (1776-87), Nil chasi-bidroho (1778-1800, 1830-48, 1859-61), Lobon chasi-bidroho (1780-1804), Rangpur krishok-bidroho (1783) Jessore-Khulna krishok-bidroho (1784-96), Sipahi-bidroho (1857), at the end of British period Tevaga krishok bidroho (1946-47), Kishorgang krishok-bidroho (1930) etc.

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 were fought for that freedom for themselves.

Afterward, in chapter two, writer describes features of Bangladesh Constitution. Here the writer remarked 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 said- if individual-person enjoys real independence then its communal result turns into social independence; otherwise, social independence is an abstract concept.

What is 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 avowed in the part III 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 have tormenting from bewilderment that whether we are “Bangali” or “Bangladeshi”? Golam Rabbani endeavor to reach a decision regarding this question in his book. None of the Article per se cannot furnish authentic meaning of nationalism or nationality. As a result, to grasp the connotation of nationalism you must read Art. 6 along with Art. 23, 24, and 29(3).

On the whole, part III bears the spirit of socialism. It aims to establish a wellbeing state. Art. 10, 13, 14, 15, 16, 17, 18, 19, 20 and 42 of our Constitution reflects the sprit of socialism.

Afterward Art. 7, 11, 59 &60 straight the true trail of democracy and last one, secularism determine by the 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.

What is meant by a country? The only answer of this question is Country means a geographical reality and nation means an assortment of populace who are residing their from imprecise time. Muslims are not a separate nation. But they were refused to recognize this truth.

Golam Rabbani make an effort to arise a question in our mind that how we deviate from the root of our main Constitution? Tyrannical govt. tainted the indispensable spirit of the over and above fundamental individuality of the Constitution. By using religious sentiment, they made Bangladesh a sectarian country! They made gratuitous amendment of the Constitution for their self-interest. Accordingly, even just born baby heard the sound of lament of the Constitution. The wound they made at that time, still the nation tolerate the reaction of such grievance. After the verdict of ABM Khairul Huq J in the Fifth Amendment case {Bangladesh Italian Marble Worker Ltd. V Govt. of Bangladesh & Others, BLT (Special issue, 2006, HCD)} we are confident that we shall return to our Father Constitution. Current Govt. said, after the conclusive verdict from AD they will obviously return to the parent Constitution. Nation are eagerly craves to witnessing this instantaneously.

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.

I believe most significant part of this book is the conclusion part. 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 educator 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 adaption day). Where fundamental principles of state policy are implemented and Bangladesh turn into a welfare state.

Rabbani dedicate 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 Golam Rabbani’s dream?

Inequitable right of land of women in Bangladesh

BANGLADESH being a developing country, there has been severe competition for ownership, control, management and use of the inadequate land resources. There have been many efforts in the recent few years to bring women into mainstream development, but they are declining far behind and there have been discrepancy between male and female in the family and society as well in many respects. The existing systems, laws, administration etc. are not suitable for women to enjoy exclusive rights over immoveable property. Hence, they require a land policy where equal right should clearly mention as per the Constitution and CEDAW convention. Pertinent implementation of existing land laws, women friendly land administration and a women responsive environment and system can ensure women's right of access to land.

The laws and patriarchal values and practices in Bangladesh created prickly prejudice against the women. The recent annual development plan as well as the last Ten Years Plan of the govt. of Bangladesh place accent on women improvement through increasing literacy, better health and nutrition, employment generation and credit for the women.  Nevertheless, there has been no reveal of women's enhanced admittance to land, not even in the form of govt. allocation of land for the underprivileged women. UNFPA reports that women's labor constitutes 60% of the world's effort, but they receive only one-tenth of the world's profits and own less than one percent of world's territory. In rural south Asia principally on Bangladesh, the most significant form of property is arable land, which is critical determination of well-being, social status and empowerment. 

Commonly, in our country perspective women have inferior position in family as well as society, which is determine by their lack of ownership right, control and administration, transfer and admittance to land or other properties. Rights and control over terrain positively manipulate to achieve other vital things like schooling, service, earnings and relation with local institutions. Further, there have been noteworthy evidences that economic resources in the hand of male household member often do not assist the female members in equivalent scale, for this reason self-regulating ownership of such resources; specially immoveable property can consequently be crucial in promoting the well being and empowerment of women folk. Normally, after matrimony females are leave their father's house and subsist with husbands. In most of the cases, brothers conceal the fact about their married sisters and thus women are dropped from their ancestral land and other properties. It is more thorny for the sisters to file a litigation against brother and so face administrative and official hazards. Brothers often transfer the share of land that belongs to the sister without informing them and thus women enduring oblivious about their inherited immoveable property.

Maximum time, women do not know about the parental and husband's property. They do not maintain information and particulars of the property. In addition, most of them are not aware about any land related laws, their right to inheritance and have no documents as a claimant. Usually, women and poor are dropped from the survey record and the succession of the inheritance. Cultural barrier also plays negative role to be a claimant of parental property. Claim to the familial landed property will spawn divergence and rupture relation with relatives. Our civilization does not persuade women to take inherited property and frequently consider that as peccadillo. If they claim that property, relation between them will scratch. They also consider about their underprivileged brothers. If they take that asset, their relatives will more susceptible. Furthermore, the existing structure, culture, tradition, morality, values, rules are against women and that should be altered. The prevalent Muslim and Hindu family laws regarding inheritance are discriminatory to women. The majority of women both Muslims and Hindus face inequalities, worse inheritance of shares of land than male is one of them. The Sharia law is discriminatory among male and female for land rights.

According to Sharia law, a female child is entitled to only of half of what a male child receive from the paternal property. But in practice, the female child hardly gets what she is lawfully entitled to get, due mainly to patriarchal family scheme.

Hindu women cannot imagine their birthright over land because, as per the rule of Hindu religion women are neither entitled to parental property nor own husband's property after his death. In some special circumstances they can merely enjoy immoveable property where they have no absolute ownership; just entitle to lifetime possession. Which very repeatedly make their position in the family and society very tangential and vulnerable. Hence, it can be said the existing Hindu law of Bangladesh is absolutely against women ownership over land whereas India repeal this type of inequitable rule from their law by amending that.  Yet Bangladesh is a state party of CEDAW convention and committed to give the rights of equal ownership over all kinds of property to women as of men. Rule of law means equal rights and protection in each and every sphere of life of the citizens irrespective of their race, sex, religion, caste or place of birth. This is guaranteed in Art. 27 as a fundamental right by the Constitution. Moreover, Art. 10, 19 and 28(4) of the supreme charter of the land direct the state to encourage and ensure equal rights of women in every sort of life. Various socio-economic, religious and cultural factors synergistically results in deprivation of women from effective right and access to land. The loss right of the land of women is also a cultural phenomenon.

Cultural norms utter that female will forfeit her share of parental property. In case where, women do not voluntarily forgo their claims, male relative with stake, file suit, counterfeit wills and use coercion and even physical violence to discourage women from pursuing the claims. However, beside the social norms and unlawful activities of other shareholders, the govt. functionaries often amalgam those troubles and often frustrate the execution of laws in women's favor. Conversely, inter-family inequalities of women are increasing in relation to economic and social activities, which have already received some attentions. The legal rights of women in resources strengthen their position in family and society that is the process of empowerment.  The link between equality and empowerment is very imperative for toughen women's position. Entitling women with land could be way to authorize them economically and strengthen their ability to challenges gender inequalities on social and political both within and outside the home.

Because, women with land have greater bargaining power, which would assist them to negotiate more gender equal allocation of rights in the family. The relationship with rural poverty and access to land has strong linkage. Nonetheless, the women without sovereign resources are extremely vulnerable to paucity and destitution in the case of desertion, divorce and dead of husband. Understanding the dynamics and position of women may help to design affective programs for reducing gender equalities and poverty reduction.

Women's right to land can encourage family welfare; efficiency in resource management as well as it can enhance equity and empowerment of the women. ALRD (2000) reported that women with land have better bargaining power, which could help them negotiate more gender equivalent allocation in the family and advanced wage in the market and status in the society. Women and children's jeopardy of poverty would be abridged and their wellbeing enhanced if women had straight access to land. Evidence from around the planet recommend that feminine can utilize land more resourcefully and they can chose appropriate cropping patterns. They are more conversant concerning traditional and eco-friendly farming practice.

Women are more and more inclined to food crops than cash crop and can ensure food security of the family. Further, entitling women with land would not only empower them economically, but also strengthen their ability to challenge social and political gender related issues.  To ensure women's right to access land equitably govt. should do these: 1. alteration of inheritance laws to ensure greater equity and social security for the women. Universal family laws as well as universal inheritance laws to be incorporated and enacted amending the existing inheritance laws; 2. women of Hindu and other ethnic minorities must be ensured equal rights through reforming customary and inheritance laws of the respective community and groups; 3. social mobilization for changing attitudes towards daughter inheriting and for extending women's land right; 4. assisting women to register their land claims with the land registration office; 5. undertaking effective legal literacy program so that poor and women could have better ability to realize and deal with land related issues; 6. helping to make the law clear and non-contradictory with gender and different types of land ownership; 7. providing the legal aid and advice in case women who wish to contest their claims and helping women with dispute settlement alternatively; 8. advocacy and lobbing for promoting equal rights and access of women to land and other properties at different levels including community, local govt., national institution, policy and legislation. There is an immense necessitate for legislative and secretarial reforms to launch women's rights and effective domination over land. There is also need for alertness intensifying and sinking knowledge gaps in land rights, gender and legal issues to enhance women's capacity to bargain with community and state and within the household.

Vagabonds: Hapless and helpless, not criminals

ACCORDING to a government report, the number of street children in Dhaka was about 25,000 in 2004. Statistics show that the total number of beggars all over the country is about 900,000. Among them, 100,000 live in Dhaka and 4,000-6,000 are with disability. To rehabilitate these vagrant people, there is a law — the Rehabilitation of Vagabonds Act 1943. As per the definition given by this law, a vagabond is a person who begs at an open place or by looking him/her it would arise in mind that he/she may run his/her life by begging. Yet, the literal meaning of vagabond indicates a person who has the capacity to work but is not doing so. It further includes a person who has no specific place of residence.

Thus, above mentioned definitions of a vagabond appear contradictory to the right to life and freedom of movement, which are guaranteed as fundamental rights by our constitution. It threatens the right to life and freedom of movement of the helpless citizens. Each citizen has the right to move anywhere without anyone’s permission within the territory of Bangladesh. The law’s main victims are persons with physical disability (the differently able persons). In these circumstances, enacting a law to prevent this type of activities would rather conceal the real socioeconomic scenario of Bangladesh.

For the rehabilitation of vagabonds, the government has already established six rehabilitation centres and for socially deprived women, it has also established six training and rehabilitation centres. Vagrant shelter homes are in Dhaka, Narayanganj, Gazipur, Manikganj and Mymensingh and training and rehabilitation centres in Bogra, Brahmanbaria, Faridpur, Kushtia, Barisal and Sylhet. The total capacity of these shelter and rehabilitation centres is 2,400. On December 31, 2006, there were 1,480 detainees at these centres.

By the abuse of the law, these helpless people are kept imprisoned at these centres and treated as criminals. The state is constitutionally responsible to meet the basic needs of the underprivileged citizens. The detainees face a lot of repression. Even the food and the living space allotted to them are not adequate. They also have no scope to visit their family. They do not get legal aid from these shelter centres. Consequently, they feel depressed, helpless and vulnerable.

There are allegations of physical, mental and even sexual torture against these shelter centres. Allegation has been raised that a group of staff along with some external agents arrested women to involve them in prostitution. The residents of these shelter centres are barred from getting legal aids. The magistrate concerned allegedly does not attend the session to hear the detainees.

Of the detainees, 80 per cent are less than 18 years old and yet receive no right provided under the Child Right Act, 1974. Sometimes garment workers, hawkers and domestic labours are forcibly kept at these centres. The only means to find the address of the arrested vagabonds is postal letter. If the letter is undelivered, then there is no alternative to identify his/her address. Then they are declared vagabonds and detained indefinitely. The police personnel who arrested them may not provide ample information about their address. Again, the police have no clear idea about the characteristics or definition of a vagabond.

The 1943 law on vagabond has the following loopholes:

*    In Children Act, the age of children is determined at below 16, whereas in the Vagabond Act it is 14.

*   There is no specified time period of imprisonment.

*   An arrested adult person has no opportunity to become free by self bond.

*   This law has a provision that the property of the vagabond will be used for the benefit of other vagabonds.

*   The purpose of this law is to rehabilitate and not to arrest as criminals. Yet the police have the authority to arrest perceived vagabonds. It indicates that poverty is curse for them.

*   According to the provision of this law, rejecting an offer of job from the home is an offence, which is contradictory to the principle of right to choose profession.

*   The following recommendations may be followed to address these limitations:

*   Determining proper definition of ‘vagabond’ and arranging proper rehabilitation for them.

*   Not treating beggars as vagabonds.

*  Not arresting sexual workers/addicted men/children in the name of vagabond law.

*    Giving power to social welfare officers instead of the police to send vagabonds to centres.

*  Determining a particular time period to detain them at the shelter centre.

*    Depositing any kind of property of the arrested person to the caretaker of the shelter centre.

*   Allowing adult vagabonds to arrange for bond to get out.

The government recently took initiative to amend the law, but the anticipated amendments do not reflect all these recommendations. Rather they define vagabond in such a manner where suspicious person or persons can fall under the category. That is why the opportunity of abusing this law may increase. Vagabonds ought to be treated as vulnerable people and not as criminals. That’s why involvement of a social welfare officer is more desirable than a police. However, this new law retains the authority of the police to arrest. Again, no specific time period of detention is determined, which is a complete violation of one’s right of free movement. There is no opportunity to get self bond for an adult person. The provision of forced work under the centre, an infringement of a person’s right to choose profession, has been reinserted.

Key objective of the vagabond act ought to be the welfare of the underprivileged community. It should not treat them as criminals. Nevertheless, both the act of 1943 and draft law of 2010 utterly fail to meet that expectation. Hopefully, the government will enact laws for the betterment of the members of the disadvantageous community and protect their legal rights.

Published in the New Age as op-ed on 22-04-2011

How to become a Barrister from an Advocate within six months by doing Bar Transfer Test (BTT)

ব্যারিস্টার হওয়ার জন্য সবচেয়ে সহজ পদ্ধতি যুক্তরাজ্য/ইংল্যান্ডের (United Kingdom) The General Council of the Bar (যারা সেখানকার আইনজীবীদের নিয়ন্ত্রণ করে থাকে, অনেকটা Bangladesh Bar Council’র মতো) ২০১৩ সাল থেকে চালু করেছে এবং ইতোমধ্যে এ বছর এ পদ্ধতিতে দুটি পরীক্ষা (এপ্রিল ও সেপ্টেম্বর মাসে) সম্পন্ন হয়েছে এবং বাংলাদেশ থেকে এভাবে পরীক্ষা দিয়ে কেউ কেউ ব্যারিস্টারও হয়েছেন। 

         

          ২০১৩ সালের পূর্বে ব্যারিস্টার হতে চাইলে প্রথমেই UK’র কোন শিক্ষা প্রতিষ্ঠান থেকে আইনের ওপর স্নাতক ডিগ্রী (অর্থাৎ UK-LLB Degree) অর্জন করতে হতো এবং তারপর BPTC কোর্স শেষ করে Call to the Bar পাওয়ার পরই কেবল Barrister-At-Law/Bar At Law ডিগ্রী অর্জন করা যেত।  যা সম্পন্ন করতে কমপক্ষে ৩/৪ বছর সময় লাগতো, প্রচুর টাকা লাগতো (এমনকি বাংলাদেশে external system-এ পড়ে LLB শেষ করলেও) এবং বাংলাদেশ থেকে LLB (Hons)/(Pass) কোর্স সম্পন্ন করে আইনজীবী হিসেবে পেশা শুরু করলেও পুনরায় UK-LLB করা লাগতো।

          কিন্তু বর্তমান পদ্ধতিতে আইনজীবী হিসেবে নিম্ন আদালতে/জেলা জজ কোর্টে তালিকাভুক্ত হলে (তালিকাভুক্তির মেয়াদ যাই হোক না কেন) ছয় মাসের মধ্যে ব্যারিস্টার হওয়া সম্ভব। অনেকে অবশ্য মনে করেন এর জন্য কমপক্ষে তিন বছর আইনজীবী হিসেবে practice করার প্রয়োজন আছে বা বাংলাদেশ বার কাউন্সিল থেকে আইনজীবীর সনদ অর্জন করার তিন বছর পর এভাবে ব্যারিস্টার হওয়ার জন্য আবেদন করা যাবে। আসলে এখানে সময়সীমা কোন বিষয় নয়, কেবল আইনজীবী/Advocate হিসেবে বার কাউন্সিলের সনদ থাকলেই চলবে, এমনকি যারা জাতীয় বিশ্ববিদ্যালয় (National University) বা কোন Private University থেকে দুই বছরের LLB (Pass) course করে Lawyer হয়েছেন তারাও এভাবে ব্যারিস্টার হতে পারবেন। অর্থাৎ যারা সর্বশেষ ২০১৩ সালে Advocate হিসেবে enrolled হয়েছেন তারাও আবেদন করতে পারবেন।

মূলত UK’র Bar Standards Board’র (যারা Barrister দের নিয়ন্ত্রণ করে থাকে) অধীনস্থ Qualifications Committee এ পদ্ধতির অধীনে কেউ আবেদন করে থাকলে তাকে Approval (অনুমোদন) দিয়ে থাকে। এ পদ্ধতিকে বলা হয় Bar Transfer Test বা সংক্ষেপে BTT। অর্থাৎ আপনি আপনার দেশের Bar (যে Bar-এ আপনি Practice করেন) পরিবর্তন করে England’র Bar-এর member হয়ে সেখানে practice করতে চান, সে জন্য England এ সুযোগ দিচ্ছে, যদিও ব্যারিস্টার হওয়ার পর আপনি আপনার নিজ দেশে ফিরে Barrister হিসেবে Practice করতে পারবেন। Commonwealth Country ভুক্ত যেকোন দেশের (বাংলাদেশ অন্যতম Commonwealth Country) আইনজীবী Qualified Foreign Lawyer হিসেবে এভাবে ব্যারিস্টার হতে পারেন। এ পদ্ধতিতে Qualified Foreign Lawyer হিসেবে আবেদন করলে Qualifications Committee, Barrister হবার জন্য Applicant-কে তার আইনজীবী হিসেবে যোগ্যতার উপর ভিত্তি করে (এখানে মূল বিবেচ্য বিষয় আইনজীবী হিসেবে আপনার অভিজ্ঞতা ও দক্ষতা, Academic Result নয়, এমনকি আপনার UK-LLB অর্থাৎ University of London বা Northumbia University থেকে এলএল.বি করা থাকলে তা  Qualifications Committee বিবেচনায় নিতে পারে, তবে exemption পাবার জন্য আপনার Practice’র অভিজ্ঞতা ও দক্ষতায় মূল বিবেচ্য বিষয়) Academic (অর্থাৎ UK-LLB), Vocational & Professional Stage (অর্থাৎ Pupilage, যা বাংলাদেশে Practice করার জন্য প্রয়োজন হয়না) থেকে ছাড় (Exemption) দিতে পারে, মানে এগুলো করা লাগবেনা, তবে আপনাকে BTT পাস করতে হবে। তবে কোন IELTS score লাগেনা। Qualifications Committee’র কাছে আবেদন পাঠানোর সময় Application Fee হিসেবে ৪৪০ পাউন্ড পাঠাতে হয়। Qualifications Committee’র অনুমোদন পাওয়ার পরবর্তী ২ বছরের মধ্যে যেকোন সময় UK  যেয়ে পরীক্ষা দিয়ে আসা যায়। একবার পরীক্ষায় অংশ নিয়ে কোন বিষয়ে খারাপ করলে immediate পরেরবার সে বিষয়ে পরীক্ষা দিয়ে পাস করলেও চলে।

Exemption না পেলে ৫টি Section-ই পরীক্ষা দিতে হবে এবং এ পরীক্ষা নিবে England’র BPP University। তাই পরীক্ষা দেয়ার জন্য অবশ্যই England-এ যেতে হবে। মূলত পরীক্ষা হয় দুই সপ্তাহ ধরে এবং পরীক্ষার আগে BPP University’র অধীনে ১৫ দিনের Advocacy class করা লাগে, যার খরচ পড়ে ৭৫০ পাউন্ড। এর বাইরে Barrister হবার জন্য England’র চার Inn’র যথাঃ Lincoln’s Inn, Middle Temple, Inner Temple & Gray’s Inn’র যেকোন একটির member হয়ে Call to the Bar -এ অংশ নিতে হয় এবং মাত্র ৬টি Dinner করতে হয় (যেখানে BPTC করলে ১২টি Dinner করতে হয়)। Inn’র member হতে খরচ পড়ে ১০০ পাউন্ড এবং Call to the Bar’র জন্য খরচ ১২০ পাউন্ড। এছাড়া প্রত্যেক Dinner’র জন্য ২০ পাউন্ডের মতো খরচ হবে। মজার ব্যাপার হলো Qualifications Committee থেকে অনুমোদন পাওয়ার পরই Inn’র সদস্য হওয়া যায় এবং Barristerদের মতো Visiting Card-এ Member, Honourable Society of the Lincoln’s Inn/Middle Temple/Inner Temple/Gray’s Inn লেখা যায়। সদস্য হওয়ার জন্য BTT পরীক্ষায় পাস করা লাগেনা। তবে সদস্য হবার পরবর্তী ৩ বছরের মধ্যে  Call to the Bar পেতে হয়। সমস্ত প্রক্রিয়া UK-তে শেষ হতে দুই মাসের বেশি লাগার কথা নয়। অর্থাৎ দেশে পরীক্ষার প্রস্তুতি নিয়ে দু’ মাস London থেকে এখন Barrister হওয়া সম্ভব।

বাংলাদেশ থেকে যারা Application করছেন তারা সাধারণত প্রথম দু’টি section-এ exemption পাচ্ছেন। Section ৫টি হলোঃ

Section	Course Title	Evaluation	Answer	Duration	Pass	Fees GPB
1. a)	Contract & Trust	Written	2 Ques.	3 Hour	40%	200
b)	Tort & Crimes	Written	2 Ques.	3 Hour	40%	200
2. a)	Land & Legal System	Written	5 Ques.	3 Hour	40%	150
b)	Public, Admin. & EU	Written	5 Ques.	3 Hour	40%	150
3.	CPC, CrPC & Evidence	MCQ	80	2 Hour	65%	250
4.	Professional Conduct & Ethics	Oral	Interview	30 Min	60%	250
5. a)	Application	Oral	1 Submission	12 Min	60%	150
b)	Witness Handling	Oral	1 Witness Handling	12 Min	60%	150

          তাই প্রথম দু’টি সেকশন অর্থাৎ Academic Stage-এ (যা UK-LBB করার সময় পড়তে হয়) ছাড় পেলে কেবলমাত্র ৩, ৪ ও ৫ নম্বর সেকশন পরীক্ষায় পাস করে এবং যেকোন একটি Inn’র member হয়ে Call to the Bar পেয়ে ৬টি Dinner (যা Approval পাওয়ার পরই করা যায়) করে Barrister হয়ে দেশে এসে Practice করা সম্ভব। আর এতে খরচ বড়জোর ৩-৪ লক্ষ টাকা মাত্র, যা কিনা আগে ছিল প্রায় ৫০ লক্ষ টাকার মতো এবং প্রচুর ধৈর্য, সময় ও পরিশ্রম সাপেক্ষ।

          Qualifications Committee থেকে অনুমোদন পাওয়ার জন্য BSB নির্ধারিত সর্বশেষ সংস্করণের আবেদনপত্রে আবেদন করতে হবে। আবেদনের সঙ্গে LLB, LLM’র সার্টিফিকেটের সত্যায়িত কপি, আপনি যে আদালতে প্রাকটিস করেন সে আদালতের সিনিয়র জজ (জেলা ও দায়রা জজ বা অতিরিক্ত জেলা ও দায়রা জজ বা পিপি বা জিপি বা অতিরিক্ত পিপি বা জিপি’র সুপারিশ), আপনি যে চেম্বারে কাজ করেন সে চেম্বারের প্রধানের নিকট থেকে একটি সার্টিফিকেট, বার কাউন্সিল প্রদত্ত মূল সনদের সত্যায়িত কপি, বার কাউন্সিল থেকে Certificate of Good Standing (অর্থাৎ আপনি পেশাগত আচরণ মেনে চলেন, আপনার সনদ এ কারণে কখনো স্থগিত হয়নি মর্মে প্রদেয় সনদ, যা বার কাউন্সিলে আবেদন করে ৫০০ টাকা ফি দিলে দেয়া হয়), আপনি যে বার অ্যাসোসিয়েশনের সদস্য সে বারের সেক্রেটারি প্রদত্ত সদস্য সনদসহ ডাকযোগে নিম্নো ঠিকানায় পাঠাতে হবেঃ

The Training Regulations Officer, The Bar Standards Board, 289-293 High Holborn, London WC1V 7HZ

আবেদনপত্র প্রাপ্তির পর আবেদনপত্রে উল্লিখিত email-এ প্রাপ্তি স্বীকার করা হবে এবং আবেদন পাবার ৮ সপ্তাহের মধ্যে BSB তাদের সিদ্ধান্ত আপানাকে জানাবে যে আপনি EXEMPTION পাবেন কিনা বা পেলেও কোন কোন সেকশনে পাবেন। Training Regulations Officer হিসেবে বর্তমানে BSB-তে দায়িত্ব পালন করেন Ms. Pauline Smith (email: PSmith@BarStandardsBoard.org.uk), তিনি আপনার সঙ্গে যোগাযোগ করবেন। তারপর পছন্দ মতো সময়ে London যেয়ে পরীক্ষা দিয়ে আপনি পাবেন আপনার কাঙ্ক্ষিত Bar-At-Law Degree.

বিস্তারিত জানতেঃ raisul.sourav@outlook.com