By Mahdy Hassan
The Human Rights Law Clinic
(HRLC) at UNESCO Madanjeet Singh South
Asian Institute of Advanced Legal and Human Rights Studies (UMSAILS) organized
a public lecture on Constitutionalism on 26 November 2012 in Dhaka. Eminent Jurist
Dr. Kamal Hossain was the keynote speaker
The Human Rights Law Clinic (HRLC)
has been launched to provide a platform for training and mentoring for
Student-Volunteers of Law, Human Rights and allied disciplines.
The areas of focus of the Law Clinic are legal analysis, research
and writing, pro bono human rights works and legal services, legal and
judicial activism among other issues.
The HRLC aims to train a pool of
new-generation activists, lawyers, practitioners, academics and researchers
with required analytical, writing and presentation skills and pro-active
attitudes for promotion and protection of human rights.
In the lecture, Dr. Kamal Hossain has said that the ownership of the State belongs to the
People, and the elected representatives are mandated to serve the people in
line with the Constitution. He added that the today’s Constitution is not built
in a day. Ensuring fundamental rights for citizens was the main spirit of our liberation
war in 1971.
According to Article 7 of the Constitution
of Bangladesh, all powers of the Republic belong to the people; this power will
be exercised in constitutional way where there will be no violations of
Constitution. Powers will be exercised by the elected representatives, Dr.
Hossain mentioned.
He observed that for establishing
rule of law, there are requirements of good intentions and consciousness among
politicians.
Impartiality of the administration
is also necessary, he continued; otherwise, only law will not serve purposes. Regarding
impunity for the convicts, he told that this should be practiced very
carefully- on a case-by-case basis; and on a rare circumstance only for
ensuring justice.
If it is done on a wholesale basis;
and, also on a political consideration then it is tantamount to abuse of the
authority, and gross violations of Constitutional provisions, the Jurist
opoined.
Dr. Hossain, also the Chairperson of
the Governing Council of UMSAILS observed that the political use of a religion
could not bring any benefit to any society; Pakistan is an example in that
regard.
Referring to the 15th
Amendment of Bangladesh Constitution, he opined that making Islam as the State
religion has gone against the tradition of secularism practiced by people here
for centuries; it is also against the spirit of the Liberation War of
Bangladesh.
He said that during the Liberation
War in 1971, the Pakistani military has committed genocide against the
Bangalees in (present) Bangladesh in the name of protecting a particular religion. Referring
to incidents of extra-judicial killings by members of law enforcement agencies,
the renowned Jurist said that those are violations of fundamental rights and
against the rule of law.
On increasing incidents of lynching,
he observed that those reflect erosion of tolerance in the society and lack of
respect for rule of law. As a remedy, Dr. Hossain emphasized on strengthening
capacity of police and to enhance professionalism among them. “For
ensuring a discrimination and violence free society, we should promote and
uphold the spirit of the Constitution and rule of law,” he said. He underlined
on importance of educating people on basic principles of the Constitution.
Barrister Abdul Halim and Barrister
Shameem Haider Patwary among others participated in the open discussion. Dr.
Uttam Kumar Das, a Human Rights Lawyer, gave the address of welcome.
* The writer is a Student of Law at the University of Dhaka and a Volunteer at UMSAILS' Human Rights Law Clinic.
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