The Constitution (Fifteenth Amendment) Bill, 2011 is anti-Bangladesh

[BanglaBhoot]

The Constitution (Fifteenth Amendment) Bill, 2011 placed in JS

SANGASAD BHABAN, June 25 (BSS)- The Constitution (Fifteenth Amendment) Bill, 2011 was placed at the Jatiya Sangsad today proposing abolition of the provision of the non- party caretaker government system.

Law, Justice and Parliamentary Affairs Minister Barrister Shafique Ahmed placed the bill in the House amid thumping of the table by the treasury bench members.

About the abolition of the provision of the non-party caretaker government system, the bill said in the constitution, article 58A and "chapter IIA-non-party caretaker government" shall be omitted.

The bill, however, proposed for retaining Bismillahi-Ar Rahman- Ar-Rahim, state religion Islam and keeping the scope for religion-based politics.

About Bismillahi-Ar Rahman-Ar-Rahim, the bill said "Bismillahi- Ar Rahman-Ar-Rahim" (in the name of Allah, the Beneficent, the Merciful)/In the name of the Creator, the Merciful." shall be substituted at the beginning of the Constitution, above the preamble, for the words, commas, signs and brackets "Bismillahi-Ar Rahman- Ar-Rahim" (in the name of Allah, the Beneficent, the Merciful).

The bill said the State religion of the Republic is Islam but the State shall ensure equal status and equal right in the practice of the Hindu, Buddhist, Christian and other religions.

The bill said, "Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interests of morality or public order:

Provided that no person shall have the right to form, or be a member of the said association or union if- (a) it is formed for the purposes of destroying the religious, social and communal harmony among the citizens; (b) it is formed for the purposes of creating discrimination among the citizens, on the ground of religion, race, caste, sex, place of birth or language; (c) it is formed for the purposes of organizing terrorist acts or militant activities against he state or the citizens or any other country; (d) its formation and objects are inconsistent with the constitution."

In the bill, proposal has been made to bring sedition charges and highest punishment against those who will capture power illegally and provide support to the usurpers.

It also proposed addition of the provision of preserving and displaying the portrait of Father of the Nation Bangabandhu Sheikh Mujibur Rahman instead of the President and the Prime Minister to the Constitution.

The bill said the principle of secularism shall be realized by the elimination of- (a) communalism in all its forms; (b) the granting by the state of political status in favour of any religion; (c) the abuse of religion for political purposes; (d) any discrimination against, or persecution of, persons practicing a particular religion."

Proposals have also been made to insert new articles making disqualified the amendment to the rules relating to the basic structures of the constitution and disqualified the candidature of those who are accused in the war crimes and even in the case of becoming voters.

The bill proposed for incorporating the historic March 7 speech of Bangabandhu and his proclamation of Independence in the early hours of March 26 in 1971 and adoption of proclamation of Independence by the Mujibnagar government on April 10 in 1971.

Proposals have also been made to change article 65 (ka) (3) of the constitution by raising the number of women reserved seats to 50 from 45. In the article, proposals have been made to replace the word '50 seats' instead of '45 seats'.

The bill proposed for replacing new sub-clause (Uma) in article 66 relating to qualification and disqualification of becoming MP candidature. It said, if anybody was convicted of any crimes under the Collaborator (special tribunal) Order 1972, the convicts would not become candidates in the Jatiya Sangsad elections.

Proposals have been made making disqualified the enrollment of the war criminals in the voter list. It said in the case of enrollment in the voter list, if anybody was convicted under the Collaborator (special tribunal) Order 1972, he/she would not become voters.

The bill said the principles of nationalism, socialism, democracy and secularism, together with the principles derived from those set out in this part, shall constitute the fundamental principles of the state policy.

The bill proposed for replacing article 70 as per the constitution of 1972.

It said Article 70(1) - (1) a person elected as a Member of Parliament in an election at which he was nominated as a candidate by a political party shall vacate his seat if he resigns from that party or votes in Parliament against the party, but shall not thereby be disqualified for subsequent election as a Member of Parliament.

The bill proposed for entrusting the power of discharging the judges with the Supreme Judicial Council.

Proposals have been made to amend the Article 118 related to establishment of Election Commission. It proposed constituting the Election Commission with one Chief Election Commissioner and not more than four Election Commissioners.

The bill also proposed for brining changes to the Article dealing with elections and said under the Article 123, 3(A) a general election will be held 90 days before after dissolution of the Parliament on expiry of its tenure, (B) or within the next 90 days when the parliament is dissolved for other reasons excepting expiry of its tenure.

Proposals have also been made to amend the Article 141 (a) related to Proclamation of Emergency. It suggested inserting the words-'for not more than 120 days' in Proclamation of Emergency.

The bill proposed for bringing amendment to the first paragraph of the preamble. It recommended replacing the words 'historic struggle for national freedom' instead of 'historic war for national independence'.

Proposals have also been made to change full text of the second paragraph of the preamble. It suggested inclusion of the sentence - "We are pledging that the ideals - nationalism, socialism, democracy and secularism- which inspired our heroic people to dedicate themselves to, and our brave martyrs to sacrifice their lives in the struggle of national freedom, shall
be fundamental principles of the Constitution."

The bill said the supreme command of the defence services of Bangladesh shall vest in the President and the exercise thereof shall be regulated by law.

The bill proposed that the state shall take steps to protect and develop the unique local culture and tradition of the tribes, minor races, ethnic sects and communities

The bill proposed for brining changes to the Article 4 by replacing the words 'emblem and portrait of the Father of the Nation' and adding a new clause.

Under the new clause, it said the portrait of Father of the Nation Bangabandhu Sheikh Mujibur Rahman shall be preserved and displayed at the offices of the President, Prime Minister, Speaker, Chief Justice, all government, semi-government, autonomous organizations, all government and private educational institutions and all embassies and missions of Bangladesh abroad.

Proposals have also been made to abolish article 4 (A) related to displaying portrait of the President and the Prime Minister. As a result, the bill proposed for making mandatory the displaying of the portrait of Father of the Nation instead of the President and Prime Minister.

Proposals have been made to replace article 6(1) and 6(2) instead of Article 6 related to citizenship. It proposed replacing the word under 6(1) - The citizenship of Bangladesh shall be determined and regulated by law and under 6(2) - The people of Bangladesh shall be known as Bangalee as a nation and citizens of Bangladesh shall be known as Bangladeshis.

The bill proposed for incorporating a new article titled 18(A) related to preserving environment and biodiversity.

The bill also proposed for inserting a new clause under Article 19 related to involvement of women in national life. It said under the new clause, the state will ensure equal opportunity to the women for their participation in every stage of the national life.

Lone independent lawmaker Md fazlul Azim raised his objection about the bill which was later rejected in voice votes.

Replying to the objection, Barrister Shafique Ahmed sought to know under which provision marshal law was proclaimed and Khondakar Mioshtaque, Justice ASM Sayem and Ziaur Rahman were made president after the killing of Bangabandhu on August 15 and the jail killing on November 3 in 1975?

"These military rulers had brought radical changes in the constitution through marshal law proclamations beyond the constitution and later BNP that was created in the cantonment incorporated these proclamations in the constitution through the controversial fifth amendment," he said.

The law minister said the apex court declared illegal the fifth and 13th amendments which are conflicting with the main principles of the constitution.

In the light of the apex court verdict, he said, the special parliamentary committee on the constitutional amendment, that was formed on July 21 last year, placed its report on June 8 and the cabinet on June 20 approved the Constitution (Fifteenth Amendment) Bill-2011.

The bill has been sent to the concerned parliamentary standing committee for scrutiny and send it back to the House within two weeks.







The Constitution (Fifteenth Amendment) Bill, 2011 is anti-Bangladesh and is against the independence struggle of Bangladesh


The Constitution (Fifteenth Amendment) Bill, 2011 as it presently stands, is anti-Bangladesh in outlook and detrimental to the continuing sovereignty and independence of the country and must therefore be vehemently and firmly opposed. That the country’s sovereignty and independence is being sacrificed to Indian interests and strategic requirements (i.e. Akhand Bharat) appears to find support in the recommendation to replace the words, ‘historic war for national independence’ now contained in the Preamble to the Constitution, with the euphemistic and vapid words, ‘historic struggle for national freedom.’ Similarly the suggested inclusion of the words in the Preamble, ‘We are pledging that the ideals - nationalism, socialism, democracy and secularism- which inspired our heroic people to dedicate themselves to, and our brave martyrs to sacrifice their lives in the struggle of national freedom, shall be fundamental principles of the Constitution’ radically distorts and perverts the meaning of the 1971 war to fit an Indian secularist perspective and interpretation. The objective to assimilate Bangladesh into the Indian cultural and ethnic milieu is given substance and voice to in the proposal to amend Article 6(2) which will now read, ‘The people of Bangladesh shall be known as Bangalee as a nation and citizens of Bangladesh shall be known as Bangladeshis.’ This leaves the door open to future amalgamation with West Bengal and ultimately India. Apparently Bangladeshis only fought for freedom in 1971 and not full independence which is a logical outcome of the words of Sheikh Mujibur Rahman on March 7, 1971 at the Dhaka Racecourse (now Suhrawardy Udyan) which according to most records did not actually call for independence from Pakistan. A declaration of independence was made much later and only after the crackdown on March 25- 26 1971 when no other option was available. Unfortunately, the Constitution (Fifteenth Amendment) Bill, 2011 completely ignores the declaration of independence made by then Major Ziaur Rahman on behalf of Sheikh Mujibur Rahman on March 27, 1971 from Kalurghat Radio Station in Chittagong. How ironic.


DeshCalling: The Constitution (Fifteenth Amendment) Bill, 2011 is anti-Bangladesh and against the country's independence struggle

 

[BanglaBhoot]

This amendment of the Constitution is of the same importance and significance for Bangladesh as the 4th Amendment which brought BAKSAL but for some reason everyone is ignoring this.

 

[BanglaBhoot]

The Bill is now an Act of Parliament -


Parliament exits caretaker government

Dhaka, June 30 (bdnews24.com) — Parliament has passed the 15th constitution amendment bill, scrapping the caretaker government system and bringing some other basic changes in the charter.

The bill was passed by 289-1 votes at 1422 on Thursday through division vote in line with the Article 99 of the Rules of Procedure.

Thursday's parliament session began at 11:30am with speaker Abdul Hamid in the chair. Leader of parliament prime minister Sheikh Hasina was present.

Earlier, independent MP Fazlul Azim, Workers Party president Rashed Khan Menon and Jatiya Samajtantrik Dal (JaSaD) president Hasanul Haque Inu, Shah Zikrul Ahmed and Amina Ahmed of NAP, among others, took part in the discussions.

They raised amendment proposals on 'Bismillah', Islam as state religion, religion-based politics and nationality.

Parliament passed the bill amid protests by various quarters, including the BNP-led opposition. Thirty-six members of the BNP, two of Bangladesh Jamaat-e-Islami and the lone member of Bangladesh Jatiya Party were absent.

The bill incorporating 55 recommendations was placed in the House after scrutiny by the standing committee on Wednesday.

On June 25, the law minister placed the bill with 51 proposals and the standing committee was given two weeks to examine it.

The cabinet on June 20 cleared the report for placing it in parliament as a bill.

The special parliamentary committee on the amendment on June 8 submitted its report. The 15-strong panel formed on July 21 last year was headed by Syeda Sajeda Chowdhury, deputy leader of parliament.

The special committee finalised the recommendations after holding a series of meetings with political parties, judges, eminent personalities and the editors of national dailies on Apr 24-25, 27 and on May 3-4.

BNP did not turn up at its scheduled meeting with the committee while Jamaat-e-Islami was given a snub.

The largest party in opposition enforced two general strikes protesting the move to change the constitution, especially annulment of the caretaker government provision.

CG SYSTEM

The special committee suggested that the caretaker provision be abolished as the Supreme Court in its verdict on May 10 revoked the system that came through the 13th amendment in March 1996.

And three subsequent governments were elected under provisional governments on expiry of the preceding elected governments.

The apex court in its landmark verdict also observed that the next two general elections could be held under unelected rulers.

The BNP, which has been opposing the annulment of the system, was asked by the ruling alliance as well as the parliamentary special committee to put forward an alternative, but it did not.

POLLS UNDER INTERIM GOVT

According to the committee proposal, the next general elections would be overseen by an 'interim government', within 90 days before its term expires.

Articles 118 to 126 dwell on interim government. It gives the Election Commission the authority to hold elections.

According to Suranjit Sengupta, the co-chair of the charter review panel, whichever government is there to oversee polls becomes an interim government. Ministers of that government will be able to contest elections.

He said the interim administration would only carry out 'routine work', while the EC will hold elections.

"The interim government will not be able to enact any policy. But any new law or code of conduct can be promulgated, if necessary."

POWER CAPTURE SUBVERSIVE

Section 7 (Ka) states that the capture of state power and suspension or staying the operation of the constitution will be treated as treachery and subversive act.

Parliament can hand down maximum penalty on those for usurping state power.

ISLAM, BISMILLAH, RELIGION-BASED POLITICS

Despite objection by two members of the review panel, 'Bismillah' and Islam as state religion and religion-based politics have been retained in 'greater interest of the people'.

Meanwhile, the panel proposed ensuring equal rights and dignity for the people of other religion.

To prevent the misuse of religion, a ban has been imposed on terrorism and militancy.

STRONG EC

A provision has been inserted in the charter to prevent anyone challenging the Election Commission decisions to be taken between the declaration of election schedules and publication of polls results through gazettes.

The number of commissioners has been set at five, including the chief election commissioner.

BREAKING NEWSParliament exits caretaker government | Politics | bdnews24.com

 

[BanglaBhoot]

Awami League chooses to be a slave, not master, of history

THE passage of the 15th amendment to the constitution in parliament on Thursday marks a sad episode in the political history of Bangladesh. By pushing the amendment through, the ruling Awami League officially completed its deviation from the spirit of the liberation war and bracketed itself with all those that it has consistently castigated as forces opposed to the spirit of liberation.

In the objective clause of the amendment bill, the law minister claimed that the legislative exercise is aimed at restoration of the essence of the 1972 constitution by reinstating certain provisions therein in respect of fundamental rights of the people, fundamental principles of state policy, etc. The claim cannot be any farther from truth, since the amendment approves functioning of political parties formed on the basis of religious faith, and retains ‘Bismillah’ in the preamble of the constitution and Islam as the state religion, which were not in the 1972 constitution and run counter with the secular-democratic spirit of the liberation war. Notably, these were inserted in the constitution by the regimes that the party has always projected as undemocratic.

The chairman of the parliamentary standing committee on law, justice and parliamentary affairs in its report on the amendment bill termed the retention of Bismillah and Islam as the state religion and allowance of religion-based politics a ‘compromise…in the greater welfare of the people.’ He suggested, albeit not in so many words, that his ‘matured’ understanding of the ‘importance’ of religion in power politics over the past three decades or so. In other words, the ruling party, which dictated history when it presided over the country’s war of liberation, has now chosen to be a slave of history despite its numerical strength in parliament.

The compromise regrettably has resulted in dichotomies on the basis of not only religion but also ethnicity, between Muslim and non-Muslims, Bengalis and non-Bengalis. The amended Article 6 (2) says the ‘people of Bangladesh shall be known as Bengalees’, essentially relegating the members of the non-Bengali ethnic minority communities, who have lived in this country for generations through centuries, to second-class citizens, just as retention of Islam as state religion has done people of other faiths. While Bangladesh is the country of Muslims and non-Muslims, Bengalis and non-Bengalis alike, its state has become primarily of the Bengali Muslims.

The consolation clauses, so to speak, in this regard, i.e. Article 12 (b) that says the state shall not grant ‘political status in favour of any religion’ and Article 23 A that says the ‘State shall take steps to protect and develop the local culture and tradition of the tribes, minor races, ethnic sects and communities’, tend to highlight the contradiction on the one hand and the Awami League’s nationalistic chauvinism on the other. The religious and ethnic stratification, needless to say, would contribute to further deepening of the sense of insecurity of non-Muslims and non-Bengalis.

The least said about the essential hypocrisy behind the retention of socialism as one of the fundamental principles of state policy the better. The Awami League has long ceased to be a party ideologically inclined to socialism, if it ever were, and pursued anti-people neo-liberal economic policies, prime concern of which is profit-making, not people’s welfare, let alone egalitarianism.

By pushing the amendment through the parliament, the ruling party has not only deviated from the spirit of the liberation war, which was fought in the hope of establishing a state that would be politically a people’s republic, culturally secular-democratic and economically egalitarian, and betrayed the people but may also have committed a political suicide. After all, the party now stands bereft of even the moral right to claim itself to be committed to the spirit of the liberation war and at par with the pseudo-democratic and autocratic military regimes of the past. Simply put, the Awami League has ultimately joined the ranks of its political rival, whom it has called anti-liberation.

As for scrapping the election-time non-party caretaker government provision, which the party forced upon the constitution in 1996 to pave its way to power, it only proves that the politics of the ruling class is about crude struggle for retention of or return to state power. Understandably, the Bangladesh Nationalist Party is now fighting for its retention.

Under these circumstances, it also draws the battle line between the power-obsessed ruling class and the politically conscious and democratically oriented sections of society. The latter needs to realise that they need to win the battle for realisation of the values and ideals of the liberation war so many people sacrificed their lives for. They also need to realise that, to win the battle, they must strive to become the master of history, not its slave, as the Awami League and its allies have chosen to be.

New Age | Newspaper