Uphold the dignity of national flag

Undoubtedly we are a football loving nation and a lot of people of this country support various football playing countries like Argentine, Brazil, Italy, Portugal, France, Germany etc. Our football fans are very much involved with their supporting teams and to show love to them and to defeat the opposing enthusiasts often they fly the national flag of their supporting teams. 

During the season of the world cup football we often observed that almost everywhere in Bangladesh is being covered by colourful national flags of different football playing countries. Albeit on various national occasions like Independence Day, Victory Day or even in any sports event we use our national flag to cheer up our patriotism. 

Often the followers write various marks, quotations, names, picture of world cup or star player on the body of the displayed flag. Some fans fly the flag horizontally on their building, window, veranda, vehicle, field or road throughout the whole period of world cup. 

Photo: Collected from Internet

Interestingly, these worthy flags during the season become useless after the end of the game and most of them are ignorant to dispose of the flags properly. Apart from these, often they do not maintain the size and actual color of a particular national flag. We cannot disregard the dignity of national flag of a foreign country in the name of football fever.

However, national flag of a country bears great dignity and it carries the symbol of national unity. Every such flag has some unique features relating to the convention and sprit of that nation. It is an individuality for a State, moreover a source of inspiration. We achieved our national flag at the cost of the blood of the greatest sons of this soil. 

Hence we invigorated ourselves by our national flag whenever we face any criticality. The national anthem written by Kabi Guru Rabindranath Tagore and our gorgeous green and red flag had massive involvement during the liberation war of 1971 and other national movements like 52’s language movement, 6 points of 1966, 69’s movement etc.

That’s why the color of jersey is being the combination of colours of the national flag and after conquering anything everybody want to fly his national flag to show the pride to rest of the world. Hence every people should respect the dignity of the national flag of each country. Of course, people have emotions; they can show their support to a team when watching a game by any other way. But they cannot fly a flag in such an undisciplined way. 

Moreover, we have an obligation to maintain all decorum regarding national flag and we should respect not only our national flag but also the flag of a foreign state. Further, we cannot disregard our nationalism by flying the national flag of a football playing nation randomly. However, we have a law regarding the dealing of national flag titled the Bangladesh National Anthem, Flag and Emblem Order, 1972 and under the mentioned Order a rule has been enacted namely the People’s Republic of Bangladesh Flag Rules, 1972.

This Order and rules provides detail rules regarding the use of our national flag as well as the use of the flag of a foreign country. The rules prohibits the fly of a flag of a foreign state on any building or place in Bangladesh without specific permission from the government.

In addition, the Order declares in Article 4A that anybody contravenes the provisions of this Order or of the rules s/he shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to taka five thousand, or with both. The rules promulgates that the flag shall not be flown at half-mast except at the national mourning day, international mother language day and any other national day declared by the government. However, people can use the national flag on their vehicles only on the occasion of the national day, and not generally.

The rules also determines the following occasions when the flag is to be flown on public or private buildings all over the country on the

a) Birthday of the Holy Prophet (Eid-e-Milad-un-Nabi)

b) Independence Day on the March 26

c) Victory Day on the December 16 and

d) Any other day as may be notified by the government.

In addition it provides some guidelines to uphold the dignity of the flag. Among them the followings are mentionable:

Photo: The Independent
a) Due honour and respect shall always be shown to the flag,

b) The place of honour shall be reserved for the Bangladesh flag when it is accompanied by flags or colours of other foreign countries,

c) No other flag or colour shall be flown above the Bangladesh flag,

d) When the flag of any other country is flown together with the Bangladesh flag the later shall be hoisted first and lowered last,

e) When the flags of two or more countries are displayed, they shall be flown on separate staffs and the flags shall be approximately of equal size,

f) When the flag is displayed on a wall, otherwise than by being flown from a staff, it shall be displayed flat. When the flag is displayed over the middle of the street, it shall be displayed vertically,

g) The flag shall not be lowered into the grave or allowed to touch the ground,

h) The flag shall not be dipped to any person or any inanimate object

i) The flag shall never touch any object beneath it such as the floor, water or merchandise,

j) The flag shall never be carried flat or horizontally but always aloft and free,

k) The flag shall not be hoisted, displayed, used, stored in such a manner as will permit it to be easily torn, soiled or damaged in any way,

l) The flag when it is in such a condition that it can no longer be used, shall be disposed of in a dignified manner, preferably by burying,

m) The flag shall be flown only from sunrise to sunset,

n) Nothing should be written or imprinted on the flag nor should any mark be made on it on ceremonial or any other occasion.

National flag is the pictogram of national harmony. Moreover, national flag is the sunshade on our head to guard the sovereignty, which we earned by paying one ocean blood! Hence, it is our solemn duty to respect and uphold the dignity of the national flag appropriately. Someday ago during Twenty 20 world cup govt. banned to carry foreign flag inside stadium and now what happened dramatically that our Premier permits us to fly foreign flags? Nonetheless, the law may be back dated, but once it is in operation, we should abide it. Alternatively, legislature can repeal the enactment to validate the crazes of football fans.

Published in the Daily Observer as Opinion-Editorial (Op-Ed) on 27.06.2014 at P. 7. 
Published in The Independent as Op-Ed on 10.07.2014 at P. 7

Plights of Domestic Workers in Bangladesh

BANGLADESHI middle class and upwards families are very much familiar with domestic worker, though they do not recognize and even imagine them as “worker”. It is quite impossible for them to pass a day without taking aid from a domestic worker. However, who takes this great assistance from the domestic workers, they do not recognize their right of minimum wages, allowances, working hours, healthy working environment, maternity benefits, leave etc. Apart from these, some workers are victimized by their employer and many of them are facing sexual harassments by their lords.

Who is Domestic Worker? Usually domestic worker means a person do or help to do our household chores for money or benefit. However, our existing Labour Law denies their rights and does not include them as worker. The word “Servant” used by the Act is itself an offensive word. 

Nonetheless, recently enacted the Domestic Violence (Prevention & Protection) Act, 2010 also does not cover domestic workers under its purview. Only the Domestic Servants’Registration Ordinance, 1961 defines them as domestic servant among all others laws in this country. However, the law again does not ensure any of the rights or duties of the domestic workers rather it merely deals with the provision of registration.

The term “Domestic worker” is very recent trend to recognize them as worker. Formally the Domestic Workers Convention, 2011 (Convention No. 189 of ILO) first recognizes domestic work as “work” and persons engaged in this sort of work as worker and also introduces a set rights for these workers. This work may comprise cleaning house, cooking, washing, taking care of children/elderly/sick members of a family etc. 

Protection of rights of domestic workers under the ordinary laws: Though there is no special law on domestic workers but we have a constitution which has guaranteed some rights as fundamental rights and enforceable by the court for every citizen of the country. Also there are few ordinary laws, which can defend the rights of domestic workers as an ordinary citizen of Bangladesh. 

Among them, the Nari O Shishu Nirjatan Daman Ain, 2000 can be used to punish and prevent death, attempt to murder, grievous hurt or mutilation by using corrosive, incendiary or poisonous substances (especially throwing of acid), trafficking of women for prostitution and allied matters, trafficking and stealing of children, rape etc. Although this Act of 2000 covers many aspects relevant for domestic workers, it was promulgated to safeguard women and children in general and no specific attention was given to the domestic workers.

However, all criminal acts are adjudicated by criminal courts and tribunals and the domestic workers, like any other citizen, are under the jurisdiction of these criminal courts of the State. A domestic worker can take shelter of the PenalCode, 1860 to prosecute the culprits for culpable homicide, murder, hurt, grievous hurt, wrongful restraint, wrongful confinement, assault, kidnapping, abduction, rape, theft etc. There is however no statute that specifically deals with domestic workers and declares an act to be a criminal act considering the special circumstances of the domestic workers.

Whenever a domestic worker starts to work in a household, there is an agreement between the employer and the worker. This agreement is almost oral. The most important terms of the understanding is often the amount of money the worker will get at the end of the month as salary, though there may be other terms. 

Everybody shall be paid for his work on the basis of the principle ‘from each according to his abilities, to each according to his work’. However, there is lack of law which can determine minimum wages for every sorts of domestic worker and can ensure other employment rights as ensured for other workers. 

One can enforce his agreement by the Contract Act, 1872 if any breach has been occurred. Moreover, in case of any violation of the service contract, or any injury sustained by the worker, a case of compensation can be filed before the civil courts. 

Domestic workers are mostly illiterate and unaware about their rights. Moreover, we have no effective mechanism to inform them about these legal protections and cannot bring them under the shield of the court of law. In addition, it is really difficult for them to fight against their wealthy and giant bosses. Hence, State should arrange such effectual machinery to inform them about their rights and provide sufficient legal aid to these marginal people to fight against suppression. 

Safeguard by the Judgment of the High Court Division: Bangladesh National Women Lawyers Association (BNWLA) Vs. Govt. of Bangladesh is the first judicial pronouncement to uphold the rights of the domestic workers and recognize them as worker. The HCD directs that the children between the ages of 14 to 18, who are engaged in the domestic sector, should be incorporated automatically within the provisions of the Labour Act. 

There should be a system of registration and monitoring of all persons engaged in domestic work. It also declared that the cases relating to the violence upon the domestic workers must be monitored and prosecution of the perpetrators must be ensured by the government. The government has a duty to protect all citizens of this country, be they rich or poor. 

Apart from this, a draft policy titled ‘Domestic Workers Protection and Welfare Policy, 2010’ had also been finalized about couple of years ago by the Ministry for Labour and Employment. Despite the fact the policy is still under scrutiny and yet to be implemented by the authority.

Employing children in domestic work is a problem of our society, culture and economy. As a consequence initiatives have to be taken at first to keep child domestic workers away from exploitative and dangerous works and to provide all of them safe and decent working environment, appointment letter, identity card and other necessary things to ensure the payment of their due wages and other rights as worker like other workers.

Domestic work is particularly isolated in nature as it is carried out in the home of the employer. Domestic service thus needs to come under some form of private and public regulation, inspection and supervision. Hence to protect the rights of the domestic workers there needs to be in place a sound and functioning institutional framework that will ensure that the legal provisions and policies are observed as well as enforced. In addition, sufficient help centers should be established in different parts of the country where domestic workers can seek help in cases of cruelty, violence and a violation of their bill of rights.

Bangladesh is obliged under both national and international law to protect and promote the rights and interests of the domestic workers. The Constitution of the People’s Republic of Bangladesh guarantees basic and fundamental human rights.  Hence Bangladesh should become a signatory State to the ILO C189 and should ratify the provisions into domestic law immediately. 

A special piece of legislation for the domestic workers could be a proper solution in this regard. However, mere enactment of a new law may not be able to bring changes to the society. We need to change our mind set up, otherwise the scenario will remain same. A more humanitarian approach towards the domestic workers can ensure more contentment in the mind of them. 

Published in the Law & Our Rights page of the Daily Star on 10.06.2014 at P. 12. 

To get all of your desired information

Present era is the time of free flow of information. Taxpayers of this country have right to get proper information not only from all Governmental Organizations (GO) of the country but also from Non-Governmental Organizations (NGO) also. Freedom of information can ensure transparence, accountability, good governance and rule of law ultimately among the government activity. 

Hence if you require any information from any government or non-government organization irrespective of your purpose the organization is obliged to provide that information within a stipulated time under the obligation of the Right to Information Act, 2009. Moreover, Govt. and some specified NGOs are bound to appoint information officer for this purpose under the provision of this Act. Moreover, you can get relevant information from local Govt. institutions like: City Corporation, Municipality (Paurashava) or Union Parishad about their local budget, rate of taxes, development projects, aged allowance, widow allowance, Vulnerable Group Feeding (VGF), Vulnerable Group Development (VGD) etc.

How to apply: To get any information from any organization, you will have to apply in writing either on the form prescribed by the authority (available on the Information Commission’s web site) or on white paper or even electronically through fax/email to the designated information officer of the concern office.  If there is no designated officer yet in that workplace then address your application to the head of that office. 

You must write your name, address, fax number/email address (if applicable), detail particulars about the information required, any other relevant information (if any), means to get information ie you may have a desire to inspect the document/resolution/decision/materials, you may take note from that document, you can get a copy on paper or in CD by paying reasonable expense etc. 

However, Government will supply some information free of cost periodically. The officer is obliged to provide requisite information within twenty days from the date of receipt of such application. Nevertheless, he/she will get additional ten days if your required information is connected with more than one authority. 

But if the information is linked with individual’s life-death, arrest, release from prison then the officer will present primary information regarding these within 24 hours. Nonetheless, if the information officeholder is being unable to provide the information, he/she will contact the matter with the applicant within ten days from the date of receiving application. In addition, it is the duty of the designated official to deliver all sorts of help to the disable (differently able) applicant to acquire the information accordingly.

Information which will not be disclosed: You are not entitled to seek information concerning confidential/personal matter, affairs associated with state security and sovereignty, information affecting foreign relationship, confidential info acquired from foreign state, info hampering privileges of parliament, information regarding intellectual properties/business secret, contemptuous info, information hampering interest of any authority, information which create obstacle to apply any law, info affecting pending trial before the court, issue correlated with public interest, violation of right to privacy, information regarding any investigation or inquiry etc.

You are also not authorized to seek information from some particular state intelligence and security forces like: Defense Detective Unites, NSI, DGFI, SSF, CID, SB, Detective cell of NBR and RAB etc. Nonetheless, it is crucial to remind that if the information sought is allied with corruption or violation of human rights by these forces then the alleged organization is liable to circulate concern information regarding the allegation within 30 days under the RTI Act. 

What you ought to do in case of failure to obtain information: If the claimant is failed to gain his/her desired information within the stipulated time or if the concern official does not deliver him/her the information or if the applicant is aggrieved against any decision of that officer then he/she can file an appeal before the appellate authority within thirty days from the date of such decision. Appellate authority specified under this law is the immediate superior office/authority/organization/unit of which the information was sought firstly. However, the appellate authority has a discretionary power to extent the time after showing proper cause of delay by the appellant. 

The appellate authority will direct the officer to distribute the information within fifteen days from the date of application or after considering material facts the authority can reject and dismiss the application. However, in that case the appellant can go the Information Commission to bring allegation about such denial by the appellate authority. 

Moreover, the information seeker can bring application to the Information Commission within 30 days for rejection of preliminary application by the information officer, refusal to take the application, no appointment of officer, denial of the demand to get information, no answer from the officer, reluctant to provide information, lapse of the stipulated time to supply the info, insufficient/incorrect info etc. However, the commission has a power to admit the appeal after lapse of the mentioned time.

The commission has also authority to summon any person, can inspect document, can promulgate order to present information, can take evidence after oath or even can conduct inquiry about that allegation, if necessary. The inquiry will has to finish and declare decision within 30 days. However, the commission will try to conclude the dispute within 45 days but shall not extend more than 75 days from the date of receipt of the allegation. 

The commission after proving the accusation can impose fine upon the guilty and can recommend to take departmental action against him/her to his/her concern department of service. However, the alleged has an opportunity to defend himself/herself or if it is involve with any third party then that party has also an scope to represent himself/herself before the commission. 

After completion of the hearing of both the parties the commission may direct the officer to supply the info, disclosure of particular information, bring necessary changes to provide info, arrange such essential training on this law for the officer or may order the concern to appoint information officer. Alternatively, the commission can dismiss an application after giving proper opportunity to the concern party. However, the Information Commission will contact its decision to the parties in writing. 

 

You may appear personally or through lawyer to represent your appeal before the Information Commission. The office of the commission is situated at Agargaon, Dhaka. You can take more assistance and be able to download various forms from its web site www.infocom.gov.bd.

Published in the Dhaka Tribune's Juris page on 05.06.2014 at P. 7