Let Article 7 guide us in every way

GBNEWS24DESK//

TDS: While working on the draft of the Constitution, what were the philosophies, principles and objectives that you sought to implement through the Constitution?

Dr Kamal: In the drafting committee, we were clear about upholding four fundamental principles — nationalism, socialism, secularism, and democracy. This was because we dreamed of a Constitution that would give power to the people, and unite them in their desire to build a fair and just society where everyone would have the same opportunity to be themselves, whoever they were, and wherever they were from. We wanted every child to have access to education and every person to have access to health care, and to protect the rights of every person to a livelihood and to a secure shelter. Our hope was that the Constitution would ensure equality of all and justice for all, and eliminate discrimination based on characteristics such as sex, religion, caste, ethnicity. We also, of course, dreamed of a society where democratic rights and practices would be entrenched, given our own long struggles in the 1960s. We also wanted to ensure that there were enforceable legal rights and a robust system for justice and accountability, for those who had sacrificed their lives, or faced violence, arrest, threats and harassment in the decades of our independence struggle. We wanted justice for those martyred, their families, and women who suffered mass sexual violence in the Liberation War. Our history of discrimination, our struggle against authoritarianism, our long political mobilising against communalism and the abuse of religion, all contributed to our commitment to the values and principles which are reflected in the Constitution.

TDS: Have those dreams and expectations materialised?

Dr Kamal: Our dreams, which were woven into the constitutional demands, were those of a democratic political order in which power would truly belong to the people of Bangladesh, to be exercised through a sovereign parliament, composed of representatives elected on the basis of universal adult franchise. The dream was that this parliament would bring about social and economic transformation. Our expectation was that the representatives of the people would be totally committed to ending exploitation through implementing programmes for fundamental economic and social change. Therefore, looking at current parliamentary practices, it is difficult to assess whether those dreams and expectations have materialised. But at the same time, it is not possible to say that the constitution has fundamentally failed to serve the people.

TDS: How has the Constitution been made to deviate from its original objectives over last 50 years?

Dr Kamal: Significant regressive deviations have been made from the original objectives of the Constitution in the past 50 years. In many cases these deviations were made by those who seized power through illegal and violent means. However, we can derive satisfaction from the fact that the Constitution has somehow managed to survive these five decades. And that in some cases progressive changes have also been made to further include, or strengthen democratic structures. At this point we need to take stock of how well the goals of the Constitution have been met, and what remains to be done to ensure fulfilment of the key principles, and particularly of its promises of democracy, equality and social justice.