STATE SHOULD BE SECULAR Bangladesh or East Pakistan or United Bangla always symbolizes secularism and behind those names

huge history whisper. Before the independence of India or Hindustan, the territory of Bangladesh was being the part of the United Bangla at India. The first independent monarch of United Bangla was Sasanka. Later, Pala dynasty, Sena dynasty, Illiyas Shahi period and so many kings came and ruled the United Bangle. However, on 23 June 1757, the Battle of Plassey occurred between Siraj-ud-Daulah and Mir Jafar which had an important effect on the history of Bangla. Mir Jafar won the battle as he took help from British to defeat Siraj-udDaulah. After the battle British took charge of Hindustan and the period of British East India Company begun. At the beginning British did not concentrate towards ruling rather they emphasized on making new solder and collecting taxes (Dewani) from the local people. On that time, lots of revolts occurred against British and among them the first one was the FakirSannyasi Rebellion (1760 - 1800). In this battle, both Fakirs who were the follower of Muslim religion and Sannyasis who were the follower of Hindu religion fought together as they wanted to free their mother land from the dark period of British. The battle ran around 40 years and finally they were defeated by British. However, that battle showed other Hindustani the way to end their suffering. On that time, all regions people fought together in every single battle to sovereign their country. Here, religion was not a fact, and the main fact was that they love their country, and they would do whatever it took to free their country from British monarchy. Due to this spirit, British were forced to level Hindustan and on August, 1947 Hindustan became independent. On the other hand, before the independent Muhammad Ali Jinnah ( December 25, 1876 September 11, 1948) who was a Muslim lawyer, politician, and the forefather of Pakistan is generally and formally well-known in Pakistan as Quaid-e-Azam (Great Leader) and Baba-eQaum ( Father of the nation) introduced Two Nations Theory (1939) proposal and according to

STATE SHOULD BE SECULAR the theory after independent Hindustan divided into two parts, one was India where Hindu religion people were the majority and another was Pakistan where Muslim religion people were bulked. Moreover, Pakistan had two divisions one was West Pakistan which situated on the west sight of India now known as Pakistan and other division was named East Pakistan which created by dividing Calcutta (Kolkata) nowadays known as Bangladesh. From this period of the history the tradition of braking secularism system begun. Later, due to various causes, East Pakistan declared war against West Pakistan, which was known as the Liberation war of Bangladesh (1971). Then, on March 25, 1971 the Pakistan army crack-down and the announcement of independence of Bangladesh was put out from the Shadhin Bangla Betar Kendra (Free Bengal Radio Station) in Chittagong. From the viewpoint of international law, Bangladesh needed government to legally legalize the declaration as well as the independence war of Bangladesh. Finally, to end this problem on 16th December, 1972 the first constitution of Bangladesh was introduced by the signature of Sheikh Mujibur Rahman who was the pioneer political leader of Bangladeshs independent history is well-known throughout the world as Bangabandhu (friend of Bengal). The first constitution of Bangladesh stated Bangladesh as a secular country. However, on April 1977, Ziaur Rahman who was the freedom fighter of Bangladesh, the head of Z force, the Chief Army Staff and also the founder of Bangladesh Nationalist Party (BNP) became the president and later on 7 June 1988, through eighth amendment he declared Islam as the state religion of Bangladesh. Furthermore, article 2A of the constitution states the state religion of the Republic is Islam, but other religions may be practiced in peace and harmony in the Republic. However, now on 2011 the High Court Division of Bangladesh through the judgment state Bangladesh as a secular country by canceling the eighth amendment and reestablishing the 1972 constitution. Secularism and non-secularism is the part and parcel of our

STATE SHOULD BE SECULAR history. Some politicians supported secularism and some did not, but the most important thing is that a state must not be built based on a particular religion wheatear politicians support it or not because state itself represent secularism, non-secular constitution creates problem to make and apply law, political parts use non secularism as means to fulfill their needs, creates discrimination and violate International Human Rights law.

Firstly, state means a particular territory where different tradition and culture follower people live together with a sovereign Government. Chandran Kukathas (2008) states a state is not a nation, or a people, though it may contain a single nation, parts of different nations, or a number of entire nations. So, state is not a human beings rather it is a nonliving thing. For instance: like a table a state is also symbolize nonliving thing and both dont contain life. Hence, one question raise here is that if we dont emphasize religion on a table, why we should do it in terms of state? The absolutely right answer of that question is that implementation of any particular religion on a state is really impossible. Kenez (2011) states that the Prime Minister of Turkey was saying that the state was neutral in regards to religion. That is why, a state always itself represents secularism and adopting particular religion on a state is lawfully impossible.

Secondly, one sovereign State must need a constitution. Constitution and law are interrelated. Constitution helps legislator and judicially to make and apply law of the sack of the human being of the State. However, non-secular constitution always creates problem to make and apply law equally. Centre for Constitution Dialogue (CCD, 2009) states that the Nepals constitution of 1990 enshrined the Hindu identity of the country and its monarchy. Hence, the 19th century civil code (Moluki Ain) was not free from religious and it creates a legal basis for caste system based on Hindu caste hierarchy. Even this caste hierarchy practice continued after

STATE SHOULD BE SECULAR the popular revolt of 2006 (Jana Andolan 2063). Moreover, laws that support Hindu religion and protect Hindu religious site (Endowment Act-Guthi Santhan Ain) still go on with special provisions. Also revenue from the government sources is still used up in some religions functions. All this activities only ensure Hindu religion peoples benefit. However, Nepal is a country where six broad religious categories people live. CCD (2009) also states that among all citizens of Nepal Hindus (80.62 per cent), Buddhist (10.74 per cent), Muslim (4.2 per cent), Kirat (3.6 per cent), Christains (0.45 per cent) and others (o.4). Due to Hinduism other religious people of Nepal become deprive in trams of equal opportunity. The majority of Hindu religion people use constitution as means to fulfill their desire. It is ethically and morally not a right thing to do. So, to solve this problem the Constitution Assembly (AC) draft provisional Constitution of 2007 (BS 2063) and defined Nepal as a secular democratic state and as a multiethnic, multilingual, multireligious and multicultural country. Now constitution of Nepal is free from Hinduism as well as law. Secular constitution always gives equal right to all in terms of religion law.

Thirdly, to run a state besides constitution one Government is needed. Government is interrelated to politics and politics always represent political leader. Political parts use non secularism (particular religion) as a means to fulfill their needs. Strenger (2009) states that Europes secularization process began in 1648, after thirty years of religious wars that had left large parts of Europe almost depopulated by killing, illness and famine. Later, Europe realized that as long as religion and politics were intertwined, lethal conflicts could not be resolved. Moreover, they also realized that politics must become practical and free from religious aspect. Kenez (2011) states that the constitutional court of that state of Bavaria at Germany ruled for talking away of crosses in the building and classrooms of the state schools, but the politicians

STATE SHOULD BE SECULAR challenged that rule and did not act to remove the crosses. On the other hand, Strenger (2009) mentions the U.S. constitution does not allow any religious symbol in any building connected to the legislature, executive or judiciary. Here, we see that as U.S. represents secularism so the politicians of U.S. do not create any problem regarding removal of crosses issue. In contract, Germanys politicians did not allow the rule to remove crosses. So, the main point is that politicians always try to grab religious issue as people are always emotional in this issues and it also help them to increase their partys supporter easily. In Bangladesh after the High Court judgment on secularism, one issue got up that if Bangladesh is a secular state, Bismillahir Rahmanir Rahim must be remove from the first page of the constitution and also from the school books. After this judgment, Bangladesh Nationalist Party (BNP) made this a religious issue and protest against it and finally they succeed to stop it. Like Germanys politician Bangladeshs politician also use religious as a means to increase their popularity. However, if we think legally, now Bangladesh is a secular country like U.S., therefore like cross mark Bismillahir Rahmanir Rahim must have to be remove from constitution as well as school books. In future, without removing religion from politics, the development of Bangladesh is quite difficult. Last but not the least, Indian Socio Legal Journal (2002) states A human right is a universal right, something which all men, everywhere, at all times ought to have, something of which no one may be deprived without a grave affront to justice, something which is owing to every human simply because he is human. In other words, by born every human being has some common nature and to protect that nature some rules and regulation had been create which called human rights. Centre for Constitution Dialogue (CCD, 2009) mentions that the principles of nondiscrimination on the basis of religion and the freedom of religion and belief are also enshrined

STATE SHOULD BE SECULAR in international human rights law (article 18). Moreover, in the eye of law all human beings are equal and are entitled without any discrimination to equal protection of the law (article 7). So, the main fact is that non secular state always violates the equality right in terms of law and religion, and creates discrimination for the minority number of people. Hence, according to International Human Rights law non secular state is illegal.

However, Bangladesh is a country where different religious people live together. According to the Statistical Pocket Book Bangladesh (2009), among all citizens of Bangladesh Muslim is 89.6 per cent, followed by Hindus 9.3 per cent and others 0.2 per cent. Some people believe that state like Bangladesh should follow Islam as a state religion as Muslim is the majority here. However, their thinking is totally wrong and Bangladeshs history also confirms it. The conception of revealed truth has dominated most of human history: truth and values are based on a source that lies in the past, and whose validity is absolute says Strenger (2009). Mohit Oul Alom (2011) says that at the time of Pakistans, monarchy, West Pakistan people realized that the alphabets of Bangla language looked different form Arabic or Roman

alphabets and had influence of ancient Busnoub and Buddhist society, so it was anti of Islam culture. Later, they figure out that for the betterment of Pakistan, they should transformed Bangla language with the alphabets of Arabic or Roman. Here we see that though East and West Pakistan people share same religion, but language creates a huge briar between those two nations. On the other hand, like independent war of Hindustan, at the time of liberation war of Bangladesh all people fought to free their motherland from West Pakistani army. They fought together because they believed that East Pakistan is their motherland and they are the child of

STATE SHOULD BE SECULAR this land, so they have to save their mother together no matter which religion they are obeying. Their love and blood shad brought the freedom of Bangladesh. From history, we learn that religion is not a mater to build a state rather culture is an important issue. To reduce non secular constitutional tribulations, discrimination, violate of International Human Rights law and so on problems a state should be secular. Secularism is not a provision against religion rather it only separates the state from religious aspect. It recognizes religion and state as two different spheres. Secularism nurtures the democratic rights of individuals and all social groups. Knowing this, can we possibly justify the continued problem of secularism issue in Bangladesh?

STATE SHOULD BE SECULAR References:

1. Kukathas, C (2008). A Definition of the State. Retrieved November 20,2011, from http://philosophy.wisc.edu/hunt/A%20Definition%20of%20the%20State.htm 2. Centre for Constititional Dialogue (CCD,2009). Participatory Constitution Building in Nepal Bookelt series. Article No. 1. Retrieved November 20, 2011, from http://www.ccd.org.np/new/publications/State%20and%20Religion%20English.pdf 3. Statistical Pocket Book Bangladesh (2009), Bangladesh Bureau of Statistics BANBAIS, retrieved December 6,2011, from http://boi.gov.bd/about-bangladesh/bangladesh-at-aglance#people 4. Strenger, C (2009). Why Israel must become a secular state; a thought for Yom Kippur 5770. Retrieved November 10,2011 from http://www.haaretz.com/blogs/strenger-thanfiction/why-israel-must-become-a-secular-state-a-thought-for-yom-kippur-5770-1.7090 5. Kenez, L (2011, October 09). No problem with secularism in writing new constitution. Retrieved November 23,2011 from http://www.todayszaman.com/news-259274-noproblem-with-secularism-in-writing-new-constitution.html 6. M, O. A (2011). Judyparad songhotonar tolar dandoti. Retrieved December 3,2011 from http://eprothomalo.com/index.php?opt=view&page=1&date=2011-12-01

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