Concept paper of round table discussion held on 28 January 2004 at Planning and Development Academy, Dhaka, organised by ‘South Asian people’s Union against fundamentalism and Communalism’
Multi
Dimensional Communal Repression and Proposed Blasphemy Law
Shahriar Kabir
The unprecedented persecution that started on the minority religious
and ethnic communities under government patronisation since four party alliance
assumed power has now taken a multidimensional character. It first started
with torturing the Hindu community, then spread on the Christian, Buddhist
and indigenous communities. Recently this persecution has spread to the Ahamadya
Muslim Community.
The largest political party of the country Bangladesh Awami League which led
the liberation war has also become victim of torture and as well as the journalists,
human rights activists, intellectuals, officers and employees of government,
semi government and other organizations believing in secular democracy are
often persecuted. The Persecutions mentioned on the later groups are result
of political vengeance. In the case of minority persecution the reason is
more communal than political avenge. In order to convert Bangladesh into a
monolithic Islamic country the govt. of four party alliance is encouraging
all kind of repression on minorities. By creating an atmosphere of terror
they are forcing the minority communities to leave their homeland.
The year 2004 has started by the killing of indigenous community leader of
Modhupur Piren Snel. Piren was killed on 3rd January by bullet fired by the
police of alliance government while he was protesting the set-up of Eco Park
in Modhupur forest removing the aboriginal Garo inhabitant. Following the
killing of the tribal leader Piren Manik Shaha, the BBC Correspondent, local
CPB leader, a strong voice against fundamentalism and communalism was brutally
killed on 15 January by bomb blast in Khulna. CPB has directly accused Jamaat-Shibir
clique for killing Manik. Piren killing by police in Modhupur and Manik Shaha
killing by hired killers of Jamaat-e-Islami in Khulna are not separate incidents.
The killers of Piren and Manik know that they will remain safe. Nothing has
happened to those who killed, raped and tortured and looted minority religious
and ethnic groups after the alliance government of Khaleda-Nizami that took
control of power since October 2001. Not even the law order enforcing agencies
take any measure against these criminals when the government party and alliance
is with them. Rather government patronization has encouraged the members of
law-orders enforcing agencies to commit such atrocities, the crude example
is the death of 58 innocent people in custody during military operation in
late 2003 and the declaration of indemnity to protect those from trial who
are responsible for such killing.
We have noticed a new dimension of persecution on minority religious group
in the beginning this year through the government order banning all kind of
publication of Ahmadya Muslim community on 9 January 2004. Banning of publications
which are a part of preaching of religion of a particular community is against
the Constitution of Bangladesh1 and as well as against the Universal Deceleration
of Human Rights of adopted by the united Nations2. Those states, which do
not permit the right to practice and preach religion peacefully to their citizen,
are known as barbarians to the civilized world. The alliance government is
trying to introduce Bangladesh as a barbaric country to the world in the process
of persecuting the Ahmadya Muslims and other minority communities to avenge
their defeat in the liberation War of Bangladesh in 1971.
One top leader of alliance government’s fundamentalist party said that
they would not abide by any order of the High Court, Supreme Court when the
aggrieved leaders of the Ahmadya community expressed that they would appeal
against the ban on their publication to the higher courts3. Before this incidence
the same leader branded two Judges of Supreme Court as ‘Murtad’
(person eligible to kill) and said that Bangladesh would run by ‘Fatwa’
when these two judges declared ‘Fatwa’ as illegal. The fundamentalist
allies are continuously uttering aggressive and provocative words in public
meetings against a minority religious sect and trying to create a social unrest
by threatening to destroy them, like those seen in Germany and Italy at the
time of Hitler and Mussolini. Fundamentalists are relentlessly threatening
to annihilate those also who speak in favour of Ahmadya sect. The Jamaat-e-
Islami lawmaker Delwar Hossain Sayeedi called the allies of Kadianis as the
‘enemy of Islam’. (Inqilab22 January 2004)
In the past fundamentalists declared in public meetings that they would not
obey any law against the ‘Holy Quran’ and ‘Sunnah’
in Bangladesh. Unfortunately no measure has yet been taken against continuous
speeches defying the court and the constitution.
The initiative to pass the ‘ Blasphemy Law’ in the Parliament
is the latest instance of activities to tarnish the image of Bangladesh a
secular and democratic country.4 On 22 January one law maker of BNP submitted
a bill to enact the ‘Blasphemy Law’ in the Parliament Assembly.
On 25 January 2004 Delwar Hossain Sayeedi of Jamaat demanded during the session
of the parliament to implement the ‘Blasphemy Law’. 5
Alliance government of Khaleda-Nizami has been destroying all the achievements
of liberation war one after another after assuming power. Introducing ‘Blasphemy
Law’ here in Bangladesh would be a great leap towards Pakistanization
of our society & politics. This law will create lot of hindrance in practising
and preaching of non-Muslims religion. Government will get the license to
persecute both the minority religious sections and secular Muslims once this
‘Blasphemy law’ is introduced. In Pakistan 80% victims are secular
Muslim intellectuals and social workers after the introduction of ‘Blasphemy
Law’, the latest example is Dr. Yunus Sheikh6.
The versions of proposed “Blasphemy Law’ that we have seen in
different pro-government dailies though in one place says that abusive language,
sarcastic utterance, malicious comments can not be expressed against the state
religion Islam and Hinduism, Buddhism, Christianity and other religion, but
in another place it said no insulting comments can be expressed against the
Holy Quran, Sunnah or Islami Shariah in written or any other form. Our questions
are 1) punishment against hurting religious sentiments is already existing
in Bangladesh Penal Code under section 295 –A.7 What is the need and
motive behind enacting the ‘Blasphemy Law’ right now in spite
of the existence of such Law? 2) In the beginning although Hinduism, Christianity
is mentioned but later on specifically mentioned the Holy Quran, Sunnah and
Islami Shariah. Here who will define Islami Shariah? Hafejji Huzur of Bangladesh
and other Islamic scholar and religious leaders of the subcontinent declared
that the Jamaatis who are trying to pass ‘Blasphemy Law’ in parliament
are not true Muslims.8 who will assure that civil war among Muslims will not
start if ‘Blasphemy Law’ is introduced in Bangladesh?
According to Muslims Hindus, Buddhists, Christians all are Mushrik (Idolater).
Christians also believe in trinity. Any Hindu-Buddhist-Christian can be jailed
or fined for trifle reason or without any reason if this bill is passed.
Muslims have 73 Ferka (Sect). Each ‘Ferka’ has various followers
of different political parties and opinions. When Jamaatis will employ ‘Blasphemy
Law’ to punish some one following Sunni system will not allow to get
rid of the law if the victim is belong to any other party than Jamat.
From our experience in Pakistan we know that those who are arrested for Blasphemy,
their cases are not investigated as a normal way. The learned Judge of Lahore
High Court Justice Ali Newaj Chauhan commented on one case ‘ police
do not want to investigate fearing the fury of the fire of Mullahs in one
hand and on the other the Judges do not dare to deliver right verdict when
cases are dealt under ‘Blasphemy Law’. 9
The alliance government has tarnished the image of Bangladesh substantially
to external world by snatching fundamental rights and resorting to unprecedented
repression on minority religious and ethnic groups after taking power. If
‘Blasphemy Law’ is passed or Ahmadya Muslims are declared Non-Muslims
Bangladesh will be placed in the rank of the uncivilized countries. And in
this way the collaborator of Pakistani occupied forces of ’71 will accomplish
their avenge of defeat.
The alliance government is destroying achievements of our great liberation
war in a planned way after coming into power. Unfortunately Awami League which
led the liberation war and other political parties upholding the values of
liberation war could not create any resistance forging together against these
repressions, tortures and activities to destroy ‘values of liberation
war’ by the alliance government. It is indeed true that the political
parties have protested from their own platforms but these fruitless protests
could not reduce a bit of the atrocities on m minorities by the alliance government.
The lack of unity among the pro-liberation political and social forces has
helped the fundamentalists and communal evil forces to become more violent
and brutal.
The conscious citizens on Bangladesh nave to think about how to build up resistance
coming out of the role of silent spectators at this critical juncture of the
country and nation against the anti-people, anti-constitutional and above
all activities opposing the values of liberation war by the government.
We have to take responsibility to remove the obstacles in uniting the pro-liberation
forces. Forces against unity must be identified, and should be brought to
accountability.
There is no other way for salvation from the violent clutch of fundamentalist
& communal government other then the united resistance from the pro-liberation
forces.
| 1 | Part III of Bangladesh Constitution states
on discrimination on grounds of religion, etc. section 28(1) The State
shall not discriminate against any citizen on grounds only of religion,
race caste, sex or place of birth. Stating on freedom of thought and conscience, and of speech. 39(1) Freedom or thought and conscience is guaranteed. (2) Subject to any reasonable restrictions imposed by law in the interests of the security of the State, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence--- (a) the right of every citizen of freedom of speech and expression; and (b) freedom of the press, are guaranteed. |
| 2 | In Article 18 of Universal Declaration of Human Right
states---- Everyone has the right to freedom of thought, conscience
and religion; this right includes freedom to change his religion or
belief, and freedom, either alone or in community with others and in
public or private, to manifest his religion or belief in teaching, practice,
worship and observance. In Article 19 states--- Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers |
| 3 | Chairman of one group of ‘Islami oykko Jote’ Mufti Fazlul Haque Aminee MP on Sunday warned by saying, ‘any activities against government ban regarding Kadianees will result in burning out the country’ in an Islami meeting in Noakhali. Even if the Supreme Court verdict goes in favor of the Kadianees, then no one will be able to stop the fire that will burn the country. Aminee warned saying, there is no way siding with Kadianees in the name of constitution. We have to protect the constitution of Bangladesh. More important is to obey the Holy Quran, constitution of Almighty Allah. No one has the right to offer any verdict defying Holy Quran. As like the verdict of High Court against Fatwa was not tolerated earlier. Aminee said that not only the declaration of the Kadianees as non-Muslim, their main goal is to implement law of Allah constitutionally. (Janakantho, 12 January 2004) |
| 4 | On 22 January 2004 BNP MP Abdul Mannan submitted this bill in the National assembly. In the statement with reason and objective of ‘Blasphemy Law’ it is said that this bill is proposed in the assembly to stop abusing the Islam and other religious. There are some penalty provisions in the Bill for this type of offense of not more than two years of imprisonment or a sum not exceeding one lakh taka or both. ........................................................ ........................................................................................................................................... In the section of objective and reason of the Bill stated that Islam has been constitutionally declared state religion and make it definite that all other religions have the right to practice their respective religious peacefully. In this country 90% people are Muslim. Side by side the Muslim citizens Hindu, Buddhist, Christian are practicing their respective religious peacefully. But unfortunately in different time some number of antireligious and antisocial persons are created confusion / anarchy and including Islam they are abusing other religious for their ill object to destroying the religious harmony. Which is no more intended. To curb this type of ill motive this Bill is introduced in the parliament.’ (Daily ManobJamin, 23 January 2004) |
| 5 | During the session of the Parliament Delowar Hossain Sayeedi demanded to pass blasphemy bill to punish those who are oppose to Islam. Accusing writer Prof. Humayun Azad as a enemy of Islam, Quaran, Sunnah and its followers for writing a novel titled ‘Pak Sar Jamin Sad Bad’, Sayeedi said, if there was blasphemy law in the country enemy of religion like Humayun could not dare to write such novel. (Daily Sangbad, 26 January 2004) |
| 6 | On 20 August 2002 Justice Ali Newaj Chauhan and Justice Rustam Ali of Lahore High Court in their verdict on a Blasphemy case ‘Mohammad Mahboob alias Buba vs. State’ commented----- “ It appears that ever since the law became more stringent, there has been an increase in the number of registration of the blasphemy cases. A report from the Daily Dawn of 18th July 2002, says that between 1948 and 1979. 11 cases were registered between 1987 and 1999. In 2000, fifty two cases were registered and strangely, 43 cases had been registered against the Muslims while 9 cases were registered against the non-Muslims. The report further states that this shows that t he law was being abused more blatantly by the Muslims against the Muslims to settle their scores.” (All Pakistan legal Decisions, Vol. LIV, PLD 2002 Lahore, p.590) |
| 7 | Section 295(A) of Penal Code of the People’s Republic of Bangladesh states----- ‘Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of the citizens of Bangladesh, by words, either spoken or written, or by visible representations insults of attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine or with both.’ |
| 8 | Founder of Khelafot Andolon Maulana Mohammad Ullah was written a book named ‘Shotorko Bani’ (Cautious message) on Moududi Jamaat. In that book he narrated Moududis false theory and Jamaat e Islami has described as destructive fitna for Iman and religious belief of Muslims. He called Muslims to keep distance from this disguised party. More than four hundred most distinguished Alem were signed in this book by expressing identical opinion. Among the signatories there were Moulana Azizul Haque, Muhaddess, Lalbag Jameya, Dhaka, Maulana Aminul Islam, Khatib, Lalbag, Dhaka. Moulana Abdul Wahab, Principal Hat Hazari Madrasa, Chittagong. Maulana Mufti Mohiuddin, Boro Kantra, Dhaka. Maulana Mufti Ahmadul Haque, Mufti Hat Hazari Madrasa, Chittagong. Maulana Nesar Uddin, Principal, Mahmudia Madrasa, Barisal. Maulana Azizur Rahman, Principal, Noakhali Islamia Madrasa, Maulana Nurul Islam, Principal, Jameya Ashrafia, Momenshahi. Mufti Mohammad Abdul Kader, Principal, Shamsul Ulum, Faridpur. Mufti Moulana Mohammad Wakkas Darul Ulum Islamia (Ex. Deputy Minister of religious affairs) Khulna. and others. (Note: Jamaater Ashol Chehara by Moulana Abdul Awal. p...) .................................................................................. ............................ ......................................... .......................................................Darul Ulum Deowband have been published a number of Fatwas in different period against Moududi and Moudidi Jamaat. Prominent Alems of that place personally expressed the same view. One of Fatwas title is ‘Moududis sedition (Fetna) wipe out from Shaharanpur”. Moududis movement is destructive and life killing poison. Followers of Moududi’s are derailed. (Maltibateu Shekhul Islam.1st part, p. 456) extract: do |
| 9 | Ibid |