Is
it freedom of religion !
Every
right corresponds to a duty. As the existence of rights without a corresponding
duty is meaningless. So our constitutional right to express thought
freely and to observe religion without any interference similarly corresponding
to a duty i.e. the duty of the state is to preserve and ensure those
rights. And that duty rightly enjoined upon the govt. by the constitution
itself. So the govt. is bound not only to ensure those rights but also
to show due respect to the belief and sentiment practised and nurtured
by every individual. The provision of freedom of religion enshrined
in our constitution includes the right to profess, practice and propagate
the belief possessed by one and the word 'propagate' means the right
to communicate ones thought and belief with another. Therefore, constitution
clearly indicates to uphold the faith of minority in the society where
majority belongs to another faith. But the govt's recent move against
the Ahmadia Muslim Jamat shows the opposite scenario. Of late, the govt.
has banned all the publications of (A.M.J) in line with the demand of
a group religious bigot mainly backed by the Islami Oikyya Jote, which
is one of the partners of the ruling alliance. Defending the move the
govt. argues, those publications 'hurt or might hurt' the sentiment
of the majority Muslims and may create public disorder. But the excuses
put forward by the govt. entirely lacks its objectivity and the decision
directly goes against the provisions of the constitution where the enjoyment
of freedom relating to thought, speech and religion are guaranteed.
So the govt. cannot uphold and preserve ones faith by suppressing the
other. And it also ultra vires of the constitution where the provisions
of equality before law and equal protection of law have been rightly
incorporated.
Md.Kamal Hossain Meahzi
Ll.B (Hons), University Of Chittagong
*******
Recently the government has banned all publications of the Ahmadiyya
Muslim Jamaat Bangladesh allegedly under pressure from religious bigots.
According to the newspaper reports the ban was imposed in view of objectionable
materials in such publications which hurt or might hurt the sentiments
of the majority Muslim population of Bangladesh. For the last few moths,
religious bigots represented mainly by Islami Oikya Jote launched a
campaign to force the government to declare the sect non-Muslim. They
issued an ultimatum to the govt. to declare the Ahmadiyyas as non Muslim.
It seems that the move is the first step towards declaring Ahmadiyyas
of the country non-Muslims.
As per the Constitution,
Bangladesh is a democratic country where every one is free to profess
and practice the religion of his own choice without hurting other's
religious believe. The govt. simply imposed the ban labelling them as
'may hurt the sentiments of the majority Muslim population'. This explanation
of the govt. is not satisfactory. It clearly violates freedom of religion
(Article 41), non-discrimination on ground of religion (Sub-article
3 of Article 28) and freedom of speech, thought and conscience (Article
39) of the constitution. The order also reneges on the right to equal
protection of law and the right to be treated in accordance with the
law and equality before law.
The government should
not be in the business of banning any religious books or any religious
sect. This action may instigate religious fanaticism in the country.
So, I request the government to withdraw the order to prove that Bangladesh
is truly democratic country where everyone can exercise his religious
rights without any restriction.
Mizanur Rahman,
Advocate, Dhaka Judges Court.
*******
The present government every now and then claims that Bangladesh is
a moderate Muslim country. Constitutionally Bangladesh is not a Muslim
country even though Islam is the state religion. The Law of Quran and
Sunnah do not administer Bangladesh. So every religious community has
the right to enjoy his/ her religion according to their belief as guaranteed
by Article 41 of our Constitution. So government should not interfere
with the fundamental right of Ahmadhaya community. It is unwise to ban
the Ahmadhaya's publication. Government should withdraw this ban immediately
and give the chance to the Ahmadhaya community to profess and practice
their faith.
Md.Zillur Rahaman,
Gandaria, Dhaka.
