Time for inequality-reducing reforms

The Constitution of Bangladesh has been amended a total of 17 times so far. After the fall of the Awami League government during the mass uprising of 2024, calls for constitutional reforms or a complete rewrite grew louder. An interim government, led by Professor Ali Riaz, formed a reform commission, which recently submitted its report on constitutional amendments. In its recommendations, the commission has proposed that the fundamental principles of the state include equality, human dignity, social justice, pluralism, and democracy. Until the proposals are passed in the national parliament, the constitution will continue to uphold nationalism, socialism, democracy, and secularism as its guiding principles.

The 1972 constitution included secularism as a fundamental principle, but this was abolished in 1977 through a military order by Ziaur Rahman, and in the 1979 Fifth Amendment, the constitution was amended to describe the "full trust and faith in Almighty Allah" as the foundation for all state activities. Later, during the rule of the Awami League in 2011, the Fifteenth Amendment reintroduced secularism as a core principle of the constitution. The reform commission now proposes replacing secularism with pluralism in the constitution. According to the commission’s head, Professor Ali Riaz, pluralism is far more inclusive than secularism.

In 1988, during the rule of the Jatiya Party, despite there being no demand from any individual or political party, Islam was declared the "state religion" through the Eighth Amendment to the Constitution of Bangladesh. The same amendment also provided for the establishment of High Court benches in various parts of the country. While the Supreme Court declared the decentralization of the High Court benches unconstitutional, it did not annul the inclusion of Islam as the state religion. Most political parties, including Awami League, BNP, and Jamaat-e-Islami, opposed the inclusion of Islam as the state religion in the constitution, as they knew that the Jatiya Party, which introduced this provision, did not do so out of religious conviction.

In reality, this action was taken to legitimize the illegitimate power and occupation. Unfortunately, even the political parties that opposed this move, when they came to power, did not bring about any change in this regard. All parties believed that the issue was sensitive, and removing Islam as the state religion would reduce votes. During the tenure of the Awami League government, there was an opportunity to abolish it, but they lacked the courage to go against the sentiments of the majority Muslim population. In the Fifteenth Amendment passed during the Awami League government in 2011, while equal rights for other religions were mentioned, Islam remained the state religion. Perhaps for the same reason, the interim government’s constitutional reform commission has remained silent on the issue of state religion, meaning Islam remains as the state religion.

Although Islam is the state religion in Bangladesh, the constitution ensures that the state will guarantee equal rights and status for the practice of all religions. However, moving away from the concept of a religion-based state is essential for democracy. Historically, many conflicts and wars have arisen between nations based on religious ideologies, and in the name of religion, humanity, brotherhood, and compassion have often been trampled upon. The main reason for the destruction of humanity, brotherhood, and compassion is that the rituals of different religions are inherently contradictory, and because of this contradiction, it is impossible for a pious person to show equal respect for all religions.

During the time of Pakistan, the people of Bengal experienced oppression, torture, and exploitation in the name of religion, which led them to decide to separate religion from the state. However, political manipulators have a knack for occurring unusual incidents, and there is nothing they cannot do. They realized that in order to deprive the people of their worldly rights and entitlements, they would have to increase the significance of religion in the state. Some political parties, recognizing that religious practices are not necessary in personal life, understood that merely invoking religion could win votes.

The state’s support for religion has caused many upheavals in India. During the Gupta and Sen dynasty, Buddhism nearly vanished, but it flourished during the Pala empire due to state support. Similarly, during the Sen rule, Brahmanism religion was revived under state patronage. Except for Aurangzeb, the Mughal emperors were neutral in religious matters; both Hindu and Muslim individuals were part of their royal courts. In fact, Emperor Akbar sought to create a new religion by integrating elements from all religions. During the Mughal rule, Sufi khanqahs attracted people of all religious backgrounds, both Hindus and Muslims. During British rule, Queen Victoria, after taking control of governance from the East India Company, made a clear declaration of maintaining secularism.

Pakistan's founding father, Muhammad Ali Jinnah, not only remained secular himself but also ensured that the state remained secular. He did not support the Khilafat movement, which was religion-based and centered around Turkey. Jinnah never advocated for the establishment or preservation of a religious state. He even advised Mahatma Gandhi to refrain from encouraging religious fanaticism among Muslim religious leaders and their followers. Jinnah criticized Gandhi for attempting to merge politics and religion, emphasizing that citizens of Pakistan should have the freedom to follow their religion and go to their places of worship, with the state having no role in it. He firmly believed that religion is a matter between the creator and humans, and that politics should never involve religion. Unfortunately for Pakistan, Jinnah did not live long after its creation, and after his death, Pakistan’s 1956 and 1962 constitutions declared Islam as the state religion. A similar fate befell Bangladesh. Bangladesh, which emerged as a secular state after the Liberation War, could not remain so for long. After the assassination of Sheikh Mujibur Rahman in 1975, the political shift resulted in religion being reintroduced into the constitution.

A person may not be secular, but it is appropriate and desirable for the state to be secular. We must understand that the state cannot study or hold knowledge like an individual, it does not need to read religious texts, and as a non-personal institution, it lacks the capability to follow religious guidelines. This is why the state will not be held accountable in the afterlife. It is the citizens who will be held accountable in the afterlife, and that is why a secular state does not force its citizens to be secular. A citizen of the state can believe their religion to be superior based on their inner beliefs, without it affecting others. The problem arises when an individual’s belief is imposed upon the state. If the majority is the sole determinant of declaring a state religion, then atheism in some countries should also be considered as their state religion.

In a democratic system of governance, every citizen is equal in the eyes of the state. Therefore, in a democratic system, it is incongruous to declare one religion as the state religion and give it superiority over others. However, although the word ‘secularism’ is enshrined in the constitutions of India and Bangladesh, the persecution or insecurity of religious or ethnic minorities continues, largely due to dishonest political practices. Nonetheless, the constitution of a democratic state must ensure laws that are free of discrimination for all citizens. Hence, although Professor Ali Riaz, the head of the reform commission, recommended the removal of secularism from the constitution, he was compelled to state that secularism in the constitutional principles acts as a "shield" and "strength" for minorities. Secularism does not mean equal treatment of all religions; it means that the state will not endorse or patronize any religion.

The discrimination against religious minorities in Bangladesh has occurred due to the state's preferential treatment of the religion of the majority Muslims. This has created a sense of mistrust and suspicion among the minorities. Therefore, although leaders and politicians often speak eloquently about harmony and coexistence, true unity and mutual understanding are not realized. Religious ceremonies of minorities need to be safeguarded with security. Unfortunately, despite keeping Islam as the state religion in the constitution, the interim government’s reform commission has made no effort to eliminate discrimination. The question then arises: Was the sacrifice and struggle of the anti-discrimination students in vain and illusive?

Zeauddin Ahmed: Former Director, Bangladesh Bank.