logo

Strengthening the rule of law

Jafar Ahmed Chowdhury | Sunday, 31 August 2014


One can't expect social order, economic progress and political stability when moral values are lost or destroyed. A man has both animality and rationality. Ethical values are inculcated to control animality inherent in all human beings. Religions and laws aim at gradually preventing animal instincts in  human beings. By doing so, human beings try to keep the society in order and the civilisation moving. When these standard values were destroyed, many civilisations, empires or states collapsed. For this reason, the academia, the intellectuals and the statesmen remain vigilant to safeguard the values and virtues in the society and the state. When these values and virtues go down the drain, lawlessness, inhuman acts, corruption and oppression become the order of the day. In today's world, many states and societies including Bangladesh are found engulfed with such a state of affairs.
When one reads newspapers and watches the electronic media, one comes across with incidents of clashes, gruesome murders, extra-judicial killings, persecution of women, grabbing of land and rivers, misappropriation of money and many other criminal activities going on in the Bangladesh society rampantly. The conscience of the people is hurt. They expect such criminal or heinous activities not to occur further. But these are happening, challenging the very roots of social contract that gave rise to the statehood.
In present-day Bangladesh, one does not find the rule of law that must protect the oppressed and punish the offenders. This has emerged from the political order prevailing in the country. We see amnesty for the guilty party men and law for the others. The independence of the judiciary and the non-interference with the activities of law-enforcing agencies can help restore the rule of law in the country. The latter should not be used as weapons to suppress political opponents. There are hundreds of instances in which law-enforcing agencies were used in suppressing political non-conformists. A recent newspaper report says that there are about three million pending cases in the country. Amid such a situation, the acting general secretary of the largest opposition party was made accused in 47 cases and trial in 19 cases has been going on against him. The paper questioned the intention of the government. Newspaper reports also disclose some cases where real offenders were not made accused and innocent people are entangled in the case. Here arises the importance of the independence of the judiciary. It is the apex body of the judiciary which had to order the arrest of suspects in the seven murder case of Narayanganj. This triggered resentment in the ruling circles. This is why people do not see in good eyes the restoration of authority to the parliament of impeaching the higher court judges. People feel that the distorted political order and the authoritarian behaviour in the name of democracy can not ensure fairness and justice.
The political system has been distorted in many ways. It is alleged that nominations are now-a-days sold. When the people, who pay for getting nominations, are elected, it is natural for them to take recourse to making wealth and fortunes. They do not bother about the rules and norms of the society. People known as musclemen and terrorists also find their ways to politics. Such elements grab government lands, haat-bazaars, rivers, canals and ponds. People wonder that they are their leaders. The party workers go for extortion on being backed by such leaders. They take shares of development expenditures. They also share benefits of social safety programmes. There are reports that when there are advertisements for employment, they take money from intending candidates even if the latter are party supporters. The political order helps them to do so.
In the education sector, there are reports that a section of students assault teachers and attack the offices and classrooms of the institutions. It happens when they fail to realise subscriptions or get the students of their choice admitted. They ransack the railway station office when they do not get tickets. They know, the station master and the police personnel will be punished for their (students) activities. There are newspaper reports that teachers and lecturers are appointed in private schools and colleges for which bribes are taken. There are also reports that a huge amount of government money is misappropriated through false MPO (Monthly Pay Order). The very syllabus of the schools which are the foundation of education does not provide any lessons on ethics and morality required for making students real human beings. Student organisations are found to be manned by the aged and non-student leaders. Nowadays, the student community does not find any virtues in their leaders that they can follow.
In other sectors, too, people see that without money they can not get the desired services. The reports from the rural areas suggest that the village courts or the chairmen and members of union parishad cannot play any role in local arbitration. Local party leaders and workers play this role.
Hundreds of examples can be cited which point to decaying social values emerging from distorted political culture and bad governance. The civil society and those who run the state should take appropriate policy measures to save society and the state from a virtual slide that has reasons to cause alarm.
The writer is an economist
and columnist.
 chowdhuryjafar@ymail.com