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WRITING FOR EQUALITY

How long the dream of equality will remain in abeyance

Muhammad Rezaur Rahman
THE aspiration of our independence was to create a State free from exploitation, where fundamental human rights, economic, social and political equality and justice shall be ensured for all citizens without any discrimination. The framers of the Constitution endeavor to realise the aspiration through the Constitution of the People's Republic of Bangladesh. However, even with such noble objectives the Constitution engraved the principles of equality and justice for all the citizens of the State. Adivasis of Bangladesh supposedly part of that aspiration, ironically, left out of the broad picture. Since colonial era adivasis were exploited by the dominant class and this subjugation still exist in a garb of democracy. The prevalent reason for such exploitation is that they were considered as uncivilised and primitive in contrast to majority population, hence can only be subjects of domination. Even in the independent Bangladesh they are imposed with an identity of backward section of the population, pahari, upajati, khudro-nri-gosthi, instead as adivasis. They are unable to become citizens with equal status of the majority population because of hegemonic mentality of the mainstream society. Despite of long felt want of the adivasis for their Constitutional recognition, the State never pays attention to that claim. In spite of being member of minority population, adivasis are equally entitled to constitutional protection. Unfortunately in the present constitutional dispensation Adivasis rights are neither recognized nor ensured. For that reason, the adivasis are amongst most marginalised, oppressed and subjugated community of Bangladesh.
Status of the Adivasis under the Constitution of Bangladesh The legal status of adivasis is quite plural-
istic, and reflects, in its totality, the currency of all the terms preferred by government officials and indigenous peoples combined. This strife of the state are still exits which reflected in the recent Constitutional amendment, here the people are not recognized as adivasi. In fact, the State's attitude on recognition is always being melodramatic. The State felt for this people's oppression but this only from the point, that these peoples are backward section of the country. As a result for last 40 years these people are identified as tribal, upajati, ethnic minority etc. State never accepted this people's as the Indigenous people of the country. Moreover, the Constitution always remains silent on the issue of recognition of the adivasi. The state always cunningly avoid the issues of recognition of the adivasis and come up with diverse kind of so-called
recognition for these people like upajati, pahari, khudro Nri-gosthhi. The State constantly refuses to accept these people as indigenous, even the authority of the government made statement that there are no Indigenous people or adivasi in Bangladesh. But the politics of recognition by the state is not a new phenomenon rather it was prevailing even before the independence of Bangladesh. After the independence, the adivasis expected better treatment from the leadership of the new State but their aspiration was down and dusted when the drafter of the original constitution also adopted the exclusionist approach towards the indigenous people and again place them into dilemma of backward section which only makes them second class citizens of Bangladesh. Therefore, after years of adoption the constitution situations of adivasis are continu-
ously deteriorating. The reason is that the Constitutional schemes for the Adivasis are not appropriately design. As a consequence, even in presence of 'nondiscrimination clauses' they are still among the most discriminated class. For instance, Art-27 which provide for equality before law and equal protection of law for all but the application of this clause is not evidently equal in case of Adivasis. They are instead of equal among the citizen left for being backward section. Another Article which comes under the acid test of applicability is Art-28 (4). In denotes the concept of positive discrimination for the women, children and the backward section of citizen. It is robustly argued by some quarters that by incorporating these provisions the rights of Adivasis are protected.
But it is not possible to promote any class unless they are treated as equal inter alia. Moreover, The Fifteenth amendment to the Constitution, unfortunately stressed the State hegemonic psychology towards the indigenous peoples. By the annulment of the Constitution (Fifth Amendment Act), 1979 certain provisions is being inserted and reinserted in the Constitution. The newly incorporated Article 23A has identified indigenous people of Bangladesh as tribes, minor races, and ethnic sects. Moreover by defining Bangalee nationalism in Article-9 and recognizing the nationality of people of Bangladesh as Bangalee in Article-6 of Constitution the state force two options to the adivasis, that is either ordain Bangalee nationalism or remain a handicapped citizen with no national identity and contribution to national independence. As a result The Fifteen Amendment failed to fulfill the expectation of the Indigenous by insertion of Article-23A of the Constitution.
How far Adivasis' deprivation will be stressed
It is forty two years since we achieved our independence. The History of our liberation war is not just an epic of nine month bloody war rather it was a historical struggle for national freedom. It is the final revolution against hundreds years of oppression, starts from colonial era. The people of East Pakistan (now Bangladesh) realise that, their rights cannot be realized under imperialistic West Pakistan domain. The long lasting oppression, thereby escalate the want of new nation free from exploitation and equality for it citizens. Whole nation has revolt against the tyranny of West Pakistan for their economic, political and cultural freedom, irrespective of their identity, religion, language. Unfortunately, the nation inspired by spirit of solidarity failed to provide justice to its own citizens. The adivsasis who fought for the national freedom soon realised that Nation has changed, colour of Flag has changed but their poignant situation remains unchanged. 'The history of the blood of the Bengal' has changed all the Sacrifices made by the Bangalis. As a result, the justified claims of the adivasis have remained unheard in the Constitution till this day. Therefore, it is the high time for the State to plunge its hegemonic mind set and false sense of insecurity from adivasis and try to promote the unitary and solidarity. It is the great opportunity for the State to create that bridge of life among adivasis and Bagalees by providing the Adivasis their legitimate rights as 'Nationals of Bangladesh'. It is now our turn to return the rights they deserve as a citizen of the State equally and not by the way of compassion.
The writer is student of LL.M. Northern University Bangladesh.