Freedom of Thought and in

A. B. M. Mafizul Patwari

angladesh was part of the province of during was propounded by fundamentalist leaders, the gross the British rule of (1757-1947) and a separate impact of which was that the British Indian sub-continent Bprovince during Pakistani rule (1947-1971). It emerged was divided into two states—one called India as an independent state in 1971. Many Indian people, and another Muslim state called Pakistan, in which present particularly the educated of Bengal, were influenced by British Bangladesh was a province in theory but a colony of the liberal ideas and philosophy and became committed to freedom Pakistani rulers in practice. of thought and religion. From 1947 to 1971 the people of Bangladesh were subject Raja Ram Mohon Roy (1772-1833), a great social reformer, to cultural torture. Freedom of thought, expression, and thinker, philanthropist, and writer, was the main architect religion were curtailed in the name of Islam. The colonial of this "Bengal Renaissance." In 1828, he founded Brahma rulers, with a view to promoting Pakistani culture (so-called Samaj, a school of liberal philosophy and religion that Islamic culture), had tried to introduce Urdu as the state propounded freedom of thought and religion and criticized language in lieu of Bengali, the mother tongue of the people the dogmatic views of Hindu society. In 1850, some years of Bangladesh. Against this conspiracy a movement was after his death, the Freedom of Religion Act was passed. launched, and on February 21, 1952, some students were killed Other architects of liberal thought were Pandit Ishwar by the Pakistani rulers. Bengali as the state language was Chandra Vidyasagar (1820-1891) and Nobel laureate poet ultimately established. The language movement was the first Rabindra Nath Tagore (1861-1941), whose grandfather was successful secular movement for freedom of thought and one of the associates of Raja Ram Mohon Roy. One expression. illustration from his Gitanjali (Song Offerings) will make the Islamic ideology and sentiment was given special status point clear. He wrote: in 1956, when a constitution was adopted that turned Pakistan into an . Some Islamic principles were introduced, Where the mind is without fear and the head is held high; and the Institute of Islamic Ideology was formed. The so- Where knowledge is free; called Islamic constitution of 1956 was abrogated in 1958 by Where the world has not been broken up into fragments by martial , which continued up to 1962. The 1962 narrow domestic walls; Constitution of Pakistan, "enacted" by its framer, President Where tireless striving stretches its arms towards perfection; Ayub Khan, contained all those Islamic provisions that were Where the clear stream of reason has not lost its way into the dreary desert sand of dead habit; found in the Constitution of 1956. Where the mind is led forward by thee into ever widening During the sixties government some fundamentalist Muslim thought and action; intellectuals characterized poet Rabindra Nath Tagore as a Into that heaven of freedom, my Father, let my Hindu poet, and they again tried to force Islamic culture among country awake. the people of Bangladesh. People of the region were politically and economically oppressed by the Pakistani colonial rulers. Only at the early part of this century did liberal thought They revolted and as a consequence Bangladesh emerged as and unbiased and nondogmatic religious views grow among an independent state in 1971. a few educated Muslims. Among them was the poet Kazi Bangladesh emerged as a secular state because, in the Nazrul Islam (1899-1976). In Bangladesh, at the latter part liberation movement, almost all its people—Muslims, , of the 1920s, a liberal school of thought was founded, the Buddhists, and —participated. In the original Muslim Sanitya Samaj (Muslim Literary Society), the Constitution of 1972, "" was proclaimed as one of principal teaching of which was the freedom of thought and the fundamental principles of state policy (Preamble and religion. But during the mid-1930s the "two nations" theory Article 8). The national anthem, " Ami Tomay Bhalo basi" ("O' Golden Bengal, I love thee") written A. B. M. Mafizul Islam Patwari is associate professor in the by Tagore, extols secularism. The Constitution laid down that Department of Law at the University of and president the principle of secularism would be realized by the elimination of the Humanist and Ethical Association of Bangladesh. of communalism in all its forms: the granting by the state of political status in favor of any religion; the abuse of religion

Summer 1991 49 for political purposes; and discrimination against or prose- solidate, preserve, and strengthen fraternal relations with all cution of persons practicing a particular religion (Article 12). Muslim countries based on Islamic solidarity (Article 25). Besides these non justiciable principles, some justiciable These changes in the Constitution eroded its basic principles fundamental rights inter alia relating to freedom of thought and, in consequence, a fundamentalist Islamic movement has and religion were guaranteed. The Constitution clearly risen in Bangladesh. Some communal political parties such proclaims that all citizens are equal before the law and are as the Muslim League and Jamaat-E-Islami have begun to entitled to equal protection (Article 22). The state shall not move for an Islamic state. discriminate against any citizen on grounds of religion, race, The present government, with a view to earning popularity, caste, sex, or place of birth. No citizen shall, on grounds has introduced the idea of a in the Constitution. of religion, race, caste, sex, or place of birth be subjected The Eighth Amendment proclaims that "the State religion to any disability, liability, restriction, or condition with regard of the Republic is Islam, but other may be practiced to access to any place of public entertainment or resort, or in peace and harmony in the Republic." admission to any educational institution (Article 28). In this way, secular values, which had been nurtured by The original constitution, along with all the democratic freethinkers, have been frustrated, and so-called Islamic values freedoms, ensured freedom of thought and conscience. It again have been given preference and prominence. Islamic declared that, subject to any reasonable restriction imposed fundamentalism has been given preference by the state policy- by law in the interests of the security of the state, friendly makers, who really do not represent the people but who are relations with foreign states, public order, decency, or morality, the self-declared leaders of the nation. This sort of one-sided or in relation to contempt of court, defamation or incitement dogmatic policy and view has destroyed the harmonious to an offense, the right of every citizen to freedom of speech cooperation among the people of Bangladesh, the majority and expression is guaranteed (Article 39). The Constitution of whom are Muslims, but include large numbers of Hindus, guarantees freedom of religion. According to the provisions Buddhists, and Christians. Although most of the Muslims of Article 41, subject to law, public order, and morality, every of Bangladesh are religious, they are liberal enough to respect citizen has the right to profess, practice, or propagate any the sentiments of other communities. religion; every religious community or denomination has the Only secularism at the national level can bring peace and right to establish, maintain, and manage its religious harmony among the peoples of Bangladesh, and freedoms institutions. No person attending any educational institution of thought, expression, conscience, and religion are the shall be required to receive religious instruction, or to take preconditions. Fortunately, there are many people inside and part in or attend any religious ceremony or worship, if that outside the government who uphold this view, and they have instruction, ceremony, or worship relates to a religion other been working against the fundamentalist movement in than his own. Bangladesh. • These were the main provisions relating to freedom of thought, expression, and religion as guaranteed in the original constitution. They were to be enforced by the Supreme Court if any violation was made by any person or authority, including Please Help the government. Secularism, which is deep-rooted in the hearts of the people, was given for the first time a constitutionally Bangladesh guaranteed status. CODESH has founded the Secular hese guarantees were taken away by the Fourth Amend- Humanist Aid and Relief Effort (SHARE), Tment of the Constitution which, in consequence, paved the way for autocracy and martial law rule, ultimately restoring to aid victims of natural disasters. All the Islamic state. Sheikh Mujibur Rahm, (1920-1975) then money raised will be expended through president, was assassinated on August 15, 1975, and the army secular organizations. If you would like took power. After the changeover, the secular nature of the state and the constitution was changed by the Fifth Amend- to help the victims of the recent devas- ment. tation in Bangladesh, please make a con- At the beginning of the Constitution, above the Preamble, tribution to SHARE. The donations will the phrase "Bismillah-AR-Rahman-AR-Rahim" (In the name be sent to the Humanist and Ethical of Allah, the beneficent, the merciful) has been inserted. Both the Preamble and Article 8 were amended to eliminate Association of Bangladesh, headed by Dr. secularism as a fundamental principle of state policy. After A. B. M. Mafizul Islam Patwari, and used the amendment, the principle of absolute trust and faith in to support relief efforts there. Make your the Almighty Allah, nationalism, democracy, and socialism, meaning economic and social justice, now would be the checks or money orders out to SHARE/ fundamental principles of state policy. The all-important CODESH, P.O. Box 5, Central Park Article 12 relating to secularism was stricken. Another Station, Buffalo, NY 14215-0005. 6/91 important change said that the state shall endeavor to con-

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