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Independence and freedom

Wednesday, 13 February 2008


Muhammad Zakiul Islam
ARE Independence and freedom synonymous? I think independence is an abstract perception, a conceptual orientation and a state of mind. And freedom is the manifest expression and functional application of that independent perception. We declared our independence on the 26th March 1971 but earned our real freedom from the occupation forces on the 16th December the same year. But have we?
We have earned the political self- rule, but have we conquered hunger, poverty, social injustice and economic deprivation ! Independence and freedom then have a paradoxical dimension. One might be independent but yet one might not enjoy that enigmatic and lofty state of things known as freedom.
In the physical world, freedom has degrees. Students of Mechanics deal with six degrees of freedom. In Chemical Engineering, degrees of freedom determine balance in any chemical process. In the all alluding subject called Statistics, degrees of freedom are always reduced by 1. Here, degrees of freedom also denote opportunities for change. As an example, in a random sample of six, there are five opportunities for change or five degrees of freedom. And yet when airline executives talk of freedom, they are actually referring to the traffic right to a particular country and destination. There are eight different types. In its abstract form, freedom and restrictions are like two sides of the same coin. When you talk of having freedom you almost automatically admit that some you have and some you don't. You feel absence of it more than you enjoy its presence, somewhat obliviously.
The concept of Critical Mass of the fissile materials is an all, too important phenomenon in nuclear science. The fissile materials in the nuclear reactor must have a critical mass for initiation and continuation of the nuclear reaction. Whenever there isn't enough of the fissile material, in other words, whenever its content falls below the Critical level, the reaction in the reactor starts decaying and eventually dies.
This well known term of nuclear physics is now days being widely used in describing socio-economic and political phenomenon including economics, business and politics. Put simply, the essential ingredients in any process must be present up to a desired level to form the Critical Mass for the initiation and propelling of the process - be it the state system, politics, economy, business, group dynamics, public opinion and technology. Critical mass is then a sociodynamic term to denote the existence of sufficient thrust and momentum in any social system such that the momentum becomes self-sustaining and fuels further evolution, growth and development.
It is good news that the Election Commission (EC) has earned its full independence lately. The judiciary and the Anti-Corruption Commission (ACC) have earned theirs in the recent past. The demand for establishing an independent Human Rights Commission and an Ombudsman System is long over due. All these independent bodies must together form a Critical Mass and act as an engine of growth and development of institutional democracy and political freedom in the country.
Judicial independence is the free ability and uncostrained freedom of a judge to decide a matter free from pressure or inducement. Aditionally, the institution of the judiciary, as a body, must also be independent by being separate from the government and other centres of power. The principal and central role of an independent judicial system is to uphold the rule of law and to ensure the supremacy of the law above everything else. If the judiciary is to exercise a truly independent and impartial adjudicative function, it ought to possess special powers to allow it to distance itself from other government institutions, political organisations, non-government influences and to be free from repercussions and backlashes from such outside influences. By the leave of the honourable judiciary, I would like to humbly submit that now that the system has earned its independence, it ought to exercise its freedom in ensuring rights, liberty and freedom of the citizens and in dispensing justice. The taste of pudding is in eating. The System ought to be free from the real and perceived vestiges and tentacles, if any. But the much exalted freedom also brings with it accountability, imposed and implied; imposed by the Constitution and implied by the aspirations of the people, and the good sense and conscience of the gentlemen of the noble profession. Admittedly, like everything else in life, independence or freedom does not come free. Everything has a price. Perhaps, the judiciary is facing its first test to defend and uphold its newly earned independence.
The independent Anti-Corruption Commission generated much hope when it vows to rout out corruption from the society. Its endeavours are praiseworthy as it is trying to eliminate both the physical corruption that breeds and grows in the system and the psychological corruption that grows in the mind of the individuals.
These phenomenons are symbiotic. The General has waged a war on the systemic corruption and has also launched a long term campaign in the mind (field) of the nation. He has won some battle. But he must win the war and steer this nation to ultimate victory. We wish them success, for their failure will be to the peril all of us and to the peril of the generations to come. When the ACC chief asserts that he wants to proceed with full legal preparation and go all out in the legal battle, it bespeaks of professionalism and a deep sense of commitment and purpose.
But one caution - go all out they must, but must not go out of the way to win a conviction. Therein lies the subtle and finer thread of true justice and rule of law. Hypothetically speaking, let all the scoundrels escape through the maze and labyrinth of the legal battle, but let not a single innocent soul suffer any injustice. For, an individual is much too insignificant and is utterly helpless against the all powerful state machinery.
The present EC is unlike any other in the history of this nation. It has a historic role and must live up to the expectations of the people. How the present EC functions and performs its historic role will largely dictate and determine the future of this nation for a long time. The vision and main focus of the Commission, threfore, should be strengthening of constitutional democracy through holding of free, fair and credible elections in which every voter will be able to participate and make his or her educated and informed choice. And as a corollary , their sacred mission is to promote and safeguard democracy and democratic institutions in the country. They have charted a roadmap and they must travel that road with single minded devotion. Needless to say that that arduous journey is as much a function of time, as it is of great essence for installing a democratic system in the country.
Aspiration for independence stems from a popular urge and innate desire of the masses. Having achieved that, freedom is the unfettered opportunity to act spontaneously outside the control and domination of any kind. Among others, two main ingredients are political rights and civil liberties. Political rights enable people to participate freely in the political process, to exercise right of franchise, compete for public office and elect representatives who formulate policies and are accountable to the electorate. Civil liberties ensure and allow for the freedom of expression and belief, organizational rights, rule of law and personal autonomy free from state interference. Our political independence and freedom will find its true meaning only when the teeming millions are assured of basic amenities of life, economic emancipation, social justice, equity, gender equilibrium, health, education, nutrition and all the good things to ensure a quality life. While it is the primary duty of the Government in power, political or otherwise, to ensure availability of these basic amenities for its citizens, the main contribution of the independent and autonomous constitutional entities should be aimed at evolving and maintaining quality in justice, governance, oversight, human rights and freedom.
Individual freedom draws its strength and inspiration from courage, conviction and strength of character -- - something esconced and enshrined in Tagore's "fearless spirit" and "upright stature". Although, these traits are more of one's personal possession, their collective manifestation will only prove the effectiveness and efficacy of these independent bodies. Their success will give meaning to our independence and add value and assign degree of freedom that we can enjoy in our individual and national life.
(The writer is a retired Air Commodore)