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Bengali Language Introduction Act, 1987

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Bengali Language Introduction Act, 1987
Jatiya Sangsad
  • An Act to give full effect to Article 3 of the Constitution of the People's Republic of Bangladesh
CitationAct No. 2 of 1987
Territorial extent Bangladesh
Enacted byJatiya Sangsad
Enacted8 March 1987
Assented to8 March 1987
Status: In force

The Bangla Language Introduction Act, 1987 (Bengali: বাংলা ভাষা প্রচলন আইন, ১৯৮৭) is an Act passed by the Jatiya Sangsad to give full effect to Article 3 of the Constitution of Bangladesh.[1][2][3][4][5][6] The statute states all records and correspondences, laws, proceedings in court and other legal actions must be written in the Bangla language in all courts, government or semi-government offices, and autonomous institutions in Bangladesh.[2]

The law was considered "a revolutionary step taken by the State" intended to empower the language of the common people and remove the language barrier installed by the colonial British colonial authorities, which was construed to have obstructed access to public services and justice for ordinary citizens.[7] As a result of the law, all subsequent bills passed by the Jatiya Sangsad have been enacted in Bengali since 1987. Notwithstanding the Act, English is often used by the Supreme Court of Bangladesh, which has elicited criticism for its perceived violation of the constitutional right of Bangladeshi citizens following the bloodshed of the martyrs of the Bengali language movement.[3][6][8][9][10][11][12][13] In February every year, the Act is discussed in seminars and newspaper op-eds.

Background

Silver Taka with Bengali script from the Sultanate of Bengal, 1339 Shaka era (1417 CE)

Bangladesh is a language-based nation state. The Bengali language has developed over the course of more than 1,300 years and became one of the most prominent and diverse literary traditions in the world. Bengali was an official court language during the Sultanate of Bengal. Muslim rulers promoted the literary development in Bengali.[14] Bengali literature, with its millennium-old literary history, has extensively developed since the Bengali Renaissance. The Bengali language movement from 1948 to 1956 demanding Bengali to be an official language of Pakistan fostered Bengali nationalism in East Bengal (renamed East Pakistan in 1956) leading to the emergence of Bangladesh in 1971. Bengali was adopted as an official language of Pakistan along with Urdu in the article 214(1) when the first constitution of Pakistan was enacted on 29 February 1956.[15] In 1999, UNESCO recognized 21 February as International Mother Language Day in recognition of the Bengali language movement.[16][17]

After the liberation of Bangladesh in 1971, the third article of the Constitution of Bangladesh states Bengali to be the sole official language of the country.[18] With more than 98% of Bangladeshis fluent in Bengali as their first language, Bangladesh is the only monolingual country in South Asia and Bengali is regarded as the de facto national language of Bangladesh.[19] On 8 March 1987, the Government of Bangladesh introduced the Bengali Language Implementation Act, 1987 to ensure mandatory use of Bengali in all domestic affairs except in the cases of foreign relations.[20] Previously on 12 March 1975, Sheikh Mujibur Rahman during his tenure as the President ordered in a government notification that all official activities in all courts and government offices must be performed in Bengali.[21]

Bengali is the 5th largest language by number of native speakers and 7th largest language by total number of speakers in the world.[22][23] The Bengali language is the quintessential element of Bangladeshi identity and binds together a culturally diverse region.

The Shaheed Minar commemorates the martyrs of the Bengali language movement who sacrificed their lives to make Bengali the official language of their country.

Provisions

Section 3

3(1) After the introduction of this Act, all records and correspondences, laws, proceedings in court and other legal actions must be written in Bengali in all courts, government or semi-government offices, and autonomous institutions in Bangladesh.

3(2) If any one submits an appeal or petition at any offices mentioned in clause 3(1) in any language other than Bengali, the appeal or petition will be considered illegal and ineffective.

3(3) If any government staff or officer breaches this act, he or she will be accused of violating Bangladesh Civil Servant Order and Appeal Rules, and necessary actions will be taken against him or her.

Section 4

4 By notification in the official gazette, the government can create and impose necessary rules to enforce this Act.

Implementation

Legislation and administration

Following the act, all legislative and administrative activities are being done in Bengali since 1987.

In the judiciary

In all district courts, Bengali is the medium of communication both for speaking and writing petitions and verdicts; but in the Supreme Court, verdicts are often delivered in English.

On 9 February 2011, Bangladesh Law Commission recommended that the Act be implemented in the Supreme Court as well to ensure easy access to justice for all.[24][25][26] Bangladesh Law Commission also stated that application of Bengali in all sphere of public life would be the proper way to observe Language Movement Day.[26] The then chairman of Law Commission, Shah Alam wrote that due to the vested interest of certain quarter, Bengali was not being applied properly in the Supreme Court.[24] Some suggested that "under section 137 of the Code of Civil Procedure, 1908 and section 558 of the Code of Criminal Procedure, 1898 Bangladesh government may issue Order making use of Bengali mandatory in superior and subordinate judiciary."[10]

In the financial sector

While Bengali is predominantly used in the official activities of Bangladesh Bank, Bengali has a marginal presence in the commercial private banks to the dismay of their respective clients as most of them find it difficult to navigate through their financial documents in English.[27][28] In 2018, Bangladesh Bank instructed all banks to use Bengali "in loan approval letters for implementing the goal of the Bengali Language Introduction Act, 1987 and protecting the client’s interest."[29][30]

In other areas of public life

In February 2014, following a writ petition by an advocate named Yunus Ali Akand at the High Court, Justice Qazi Rezaul Haque issued a rule that Bengali should be used everywhere in Bangladesh, in all offices, courts and media, following the act of 1987.[31] He further instructed that Bengali should be used on signboards, billboards, number plate of motor vehicles and all electronic media excluding foreign high embassies.[31] Three months later, the Ministry of Public Administration ordered all city corporations, and cantonment boards to implement the high court rule. Then again on 23 February 2016, the Ministry of Public Administration gave the same instruction, but the proper implementation is yet to be seen.[31]

Reception

The act has been considered significant to empower people's language and remove colonial linguistic oppression.[7] Muhammad Habibur Rahman, a former Chief Justice of Bangladesh stated that due to the lack of proper government initiative, English is still used frequently in the Supreme Court. Rahman further stated that if justice is a virtue and a service to the people, then verdicts should be given in Bengali. He also stated that if the people of the country want that all works in the Supreme Court must be operated in Bengali, then the representatives of the people in the Jatiya Sangsad (Parliament of Bangladesh) must enact and implement another law to ensure the use of Bengali in the Supreme Court.[32] Sheikh Hasina, the incumbent and longest serving Prime Minister of Bangladesh, also suggested that the judges should deliver their verdicts in Bengali so that every Bangladeshi can read them.[33]

References

  1. ^ বাংলাদেশে দ্বিতীয় দাপ্তরিক ভাষার দাবি কতটা যৌক্তিক?. banglanews24.com (in Bengali). Archived from the original on 3 July 2019. Retrieved 20 July 2019.
  2. ^ a b বাংলা ভাষা প্রচলন আইন, ১৯৮৭. bdlaws.minlaw.gov.bd (in Bengali). Retrieved 22 April 2019.
  3. ^ a b বাংলা ভাষা প্রচলন আইন. Bangladesh Pratidin (in Bengali). Archived from the original on 2 July 2018. Retrieved 22 April 2019.
  4. ^ আইন-আদালতে বাংলা ভাষা প্রচলনের সকল প্রতিবন্ধকতা দূরীকরণ প্রসঙ্গ. Dainik Sangram (in Bengali). Archived from the original on 22 April 2019. Retrieved 22 April 2019.
  5. ^ আইন আছে, প্রয়োগ নেই [Law exists, but no proper implementation]. Prothom Alo (in Bengali). Archived from the original on 22 April 2019. Retrieved 22 April 2019.
  6. ^ a b সর্বক্ষেত্রে বাংলা ভাষা বাস্তবায়নে কেন এ বিলম্ব?. Jugantor (in Bengali). Archived from the original on 22 April 2019. Retrieved 22 April 2019.
  7. ^ a b "Towards creating an indigenous legal corpus in Bangla". The Daily Star. 19 February 2019. Archived from the original on 23 April 2019. Retrieved 23 April 2019.
  8. ^ উচ্চ আদালতে এখনো অবহেলিত বাংলা. Prothom Alo (in Bengali). Archived from the original on 25 April 2019. Retrieved 25 April 2019.
  9. ^ "How far the use of 'Bangla' in the Court of Bangladesh?". The Daily Star. 21 February 2017. Archived from the original on 24 April 2019. Retrieved 24 April 2019.
  10. ^ a b "Linguistic rights - Rhetoric v Reality". The Daily Star. 17 February 2015. Archived from the original on 24 April 2019. Retrieved 24 April 2019.
  11. ^ সর্বক্ষেত্রে বাংলা ভাষা ব্যবহার : হাইকোর্টের নির্দেশনা সত্ত্বেও বাস্তবায়ন হয়নি. Bhorer Kagoj (in Bengali). Archived from the original on 22 April 2019. Retrieved 22 April 2019.
  12. ^ বাংলা ভাষা প্রচলন আইন বাস্তবায়ন করতে হবে. Daily Inqilab (in Bengali). Archived from the original on 22 April 2019. Retrieved 22 April 2019.
  13. ^ উচ্চ আদালতে বাংলা ভাষা. The Daily Ittefaq (in Bengali). Archived from the original on 22 April 2019. Retrieved 22 April 2019.
  14. ^ Rabbani, AKM Golam (7 November 2017). "Politics and Literary Activities in the Bengali Language during the Independent Sultanate of Bengal". Dhaka University Journal of Linguistics. 1 (1): 151–166. Archived from the original on 11 October 2017. Retrieved 7 November 2017 – via www.banglajol.info.
  15. ^ Al Helal, Bashir (2003). Bhasha Andoloner Itihas ভাষা আন্দোলনের ইতিহাস [History of the Language Movement] (in Bengali). Dhaka: Agamee Prakashani. p. 613. ISBN 984-401-523-5.
  16. ^ "Amendment to the Draft Programme and Budget for 2000–2001 (30 C/5)" (PDF). General Conference, 30th Session, Draft Resolution. UNESCO. 1999. Retrieved 27 May 2008.
  17. ^ "Resolution adopted by the 30th Session of UNESCO's General Conference (1999)". International Mother Language Day. UNESCO. Archived from the original on 1 June 2008. Retrieved 27 May 2008.
  18. ^ "The Constitution of the People's Republic of Bangladesh". Ministry of Law, Justice and Parliamentary Affairs. Retrieved 25 April 2019.
  19. ^ Faquire, A.B.M. Razaul Karim (December 2010). "Language Situation in Bangladesh". The Dhaka University Studies. 67: 63–77.
  20. ^ "Bangla Bhasha Procholon Ain, 1987" বাংলা ভাষা প্রচলন আইন, ১৯৮৭ [Bengali Language Implementation Act, 1987]. Ministry of Law, Justice and Parliamentary Affairs. Government of Bangladesh. Retrieved 25 April 2019.
  21. ^ ভাষা আন্দোলনে বঙ্গবন্ধুর অবদান. Amader Shomoy (Op-ed) (in Bengali). Archived from the original on 8 May 2019. Retrieved 18 May 2019.
  22. ^ "The World Factbook". www.cia.gov. Central Intelligence Agency. Retrieved 21 February 2018.
  23. ^ "Summary by language size". Ethnologue. 3 October 2018. Retrieved 21 February 2019.
  24. ^ a b উচ্চ আদালতে বাংলা প্রচলন. Prothom Alo (in Bengali). Archived from the original on 10 December 2013. Retrieved 22 April 2019.
  25. ^ "Bangla yet to be used in judicial work". The Independent. Retrieved 25 April 2019.
  26. ^ a b আইন কমিশনের সুপারিশ. Jaijaidin (in Bengali). Archived from the original on 22 April 2019. Retrieved 22 April 2019.
  27. ^ ব্যাংক খাতে অবহেলিত বাংলা. Bangla Tribune (in Bengali). 31 July 2018. Archived from the original on 31 July 2018. Retrieved 25 April 2019.
  28. ^ ব্যাংক খাতে উপেক্ষিত বাংলা ভাষা. Bangla Tribune (in Bengali). Archived from the original on 24 February 2017. Retrieved 25 April 2019.
  29. ^ "Regulator asks banks to use Bangla in loan approval letters". The Financial Express. Archived from the original on 18 May 2019. Retrieved 18 May 2019.
  30. ^ "Banks asked to use Bangla in loan approval letters". Prothom Alo. Archived from the original on 30 April 2018. Retrieved 18 May 2019.
  31. ^ a b c বাংলা ভাষার প্রতি অবহেলা নয়,হতে হবে আন্তরিক. Ajker Kagoj (in Bengali). 5 March 2019. Archived from the original on 22 April 2019. Retrieved 22 April 2019.
  32. ^ Rahman, Muhammad Habibur (2014). Prothome Matribhasha Parobhasha Porey প্রথমে মাতৃভাষা পরভাষা পরে [The first language first, the second language second] (in Bengali) (2nd ed.). Dhaka: The University Press Limited. pp. 51–52. ISBN 978-984-506-181-0.
  33. ^ রায় লিখুন বাংলায়, যাতে মানুষ বোঝে: প্রধানমন্ত্রী ['Write verdicts in Bengali so that people understand' - Prime Minister]. bdnews24.com (in Bengali). 21 February 2019. Archived from the original on 22 February 2019. Retrieved 20 July 2019.
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