Constitution ensures citizens’ rights, but people seldom seek remedy: Legal experts

The Constitution ensures people's fundamental rights, but people seldom seek remedies when their rights are violated due to a lack of awareness, say legal experts.

"The number of lawsuits seeking remedy for violations of fundamental rights are negligible. Although there are many discriminations against women in the society, no one files cases about that," Supreme Court Advocate Dr Shahdeen Malik observed at a discussion yesterday.

"People's fundamental rights are violated but no one goes to the supreme court," he said at the event titled "50 years of Constitution and our fundamental rights" at the Gonoshasthaya Nagar Hospital auditorium organised by the rights body Committee for the Protection of Fundamental Rights.

"If someone's fundamental rights are violated, he or she can file a case under Article 102 of the Constitution. Then he or she will get a remedy from the supreme court," Shahdeen Malik said.

He also pointed out that the Constitution limits the power of the government to protect people's rights.

"Based on Article 35, you have the right to remain silent [at the time of arrest]," Shahdeen Malik said, quoting the Constitution: "No accused shall be compelled to give witness against himself."

"But our attitude is: 'Why has an accused not been taken on remand?'.

"This is to say, why is he not beaten in law enforcement custody?" elaborated Dr Shahdeen Malik.

"Technically, we have the same rights the Americans have. The Constitution has given me the right to say nothing after arrest. But, we do not abide by these things."

He also pointed out that there haven't been many discussions on the Constitution over the last year "except for the caretaker government issue".

Dr Shahdeen Malik said, "In the last election, we saw that before the parliament's tenure was completed, newly elected parliament members took oaths. It seems it does not matter whether there is a Constitution or not."

Dhaka University's law professor Asif Nazrul presented the keynote paper at the discussion, moderated by Dr Shahnaz Huda.

He said, "According to the 1972 Constitution, no law will be framed against fundamental rights. To protect fundamental rights unlimited power has been given to the Supreme Court.

"But in each and every definition of the freedom of rights, it has been said that freedom has been given but if the government and the parliament want, they can impose restrictions by passing laws in parliament."

But, he pointed out, "every government has enacted laws to curtail the fundamental rights of the citizens".

"We have not seen the Supreme Court proactively ban such a law like the Digital Security Act, which curtails fundamental rights."

He also said both the BNP and Awami League regimes tried to misuse the provisions of appointing supreme court judges and politicised judiciary.

"I think clause 3 of Article 26, which undermined the fundamental rights of the people guaranteed in the same article, should be removed. We should bring back the spirit of the 1972 Constitution," said Professor Nazrul.

He also recommended a review of the black laws and feels the capacity of the supreme court should be increased.

Asif Nazrul also suggested decentralising the jurisdiction of the court for seeking remedies for violations of fundamental rights.

"I have seen in my experience that powerful and rich people get fundamental rights back if it is curtailed. The scope for marginalised people to get fundamental rights is very limited," he added.

Supreme Court lawyer Syeda Rizwana Hasan, chief executive of Bangladesh Environmental Lawyers Association, said that she feels it is important for the civil society to place their recommendations for reforms.

She termed the discussion meeting as the foundation of the reform processes.

In another event, held in Chattogram on the occasion of the National Constitution Day, senior government officials have demanded inclusion of important clauses of the Bangladesh Constitution in the textbooks to provide the new generation with a practical knowledge about it.

"Government officials should also read the Constitution regularly to stay aware of the rights of the people," said Md Ashraf Uddin," Md Ashraf Uddin, divisional commissioner of Chattogram said as the chief guest of the event held at Chattogram district administrator's office.

Chattogram Deputy Commissioner Mohammad Mominur Rahman said, "It took ten years to formulate the constitution of Pakistan, the country from which we gained independence. But Bangabandhu brought us that glory in just nine months."

Freedom fighter AKM Sarwar Kamal, acting commander of Bangladesh Muktijoddha Sangsad's  Chattogram unit, demanded amendment of the constitution to ban anti-liberation politics in the country forever.