Are we violating our own Constitution?

Needless to say, we are proud to have a unique Constitution of the country which proclaims that fundamental aim of the state is to 'realise through the democratic process... a society in which rule of law, fundamental human rights and freedom, equality and justice, political, economic and social will be secured for all citizens' (PREAMBLE, adopted and enacted in the Constituent Assembly on 4th November, 1972).

Although the Fundamental Principles of State Policy boldly proclaims (Article 11) that 'fundamental human rights and freedoms and respect for the dignity and worth of the human person shall be guaranteed', in recent years we observe more and more curtailment of fundamental human rights and freedom due to enactment of Rules by varied agencies.

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For example, the Traffic Rules in Dhaka Metropolitan City may be cited as a case in point. It demands serious concern as it matters the common mass. The recent movement to eliminate rickshaws gradually from the Dhaka city needs serious consideration. The new rules are in operation in selected areas and its enforcement will be extended in many more areas, which ultimately will engulf almost the entire city to give a very orderly look.

Do we realise that the vast majority of the people because of their limitations in economic resources ride rickshaws? Then who are we to curb their freedom of choice for transport through promulgation of rules, which compel them to undergo sufferings -- economically, physically and socially? The recent traffic rules applicable in the metropolitan areas hurt people's dignity as human being. It discriminates between classes as it allows the limited minority who can afford to ride cars and CNG transport and can move through any city roads and reach their desired destinations and the vast majority of rickshaw riders who are restricted in their movement and are barred from entering roads and selected areas of the Dhaka city merely because they ride rickshaws due to their small economic capacity. The whole approach is extremely negative to the very basic principles of democracy and human rights.

Let us consider another side of the rules, which can also be interpreted indirectly. Somebody having access to motor vehicles, can ply through all the city roads and all the city areas both commercial and residential, even if the person becomes the most wanted criminal, a highly corrupt person, a big loan defaulter and even being a foreigner whereas the most innocent law-abiding, honest citizen, only because of his/her limited economic means is barred to have free access to the city areas merely because the person rides a rickshaw. The rickshaw passenger is not allowed with the transport to reach his/her desired destination, if the person is not willing to spend more money for other transport or is not ready to walk all the way upto the destination.

Needless to say, we thus discriminate through varieties of our actions and policies and the sufferings of the silent majority grow manifold. They are helpless in the situation!

The Fundamental Rights of the Constitution (Part III) proclaims 'equality before Law' and let me ask: what form of equality do we pursue when it matters Traffic Rules and Municipal Regulations adopted and implemented in our Dhaka city?

Let me put another proposal as a corollary to the 'rickshaw elimination' rules that some major roads and areas be selected as 'car free zone', which needs to be adopted by both the Traffic Department and the Municipality. For promotion of equality pronounced in our sacred Constitution, it will be a very desired action. It will not only bring equality but also improve quality of environment in the selected areas.

We all know that we have tremendous 'traffic jams' in the Dhaka city and following our recent rules rickshaws will be eliminated in the long-term perspective. But let me ask: is the jam created because of existence of rickshaws or because of our varied inefficiencies to handle the traffic? The corrupt practices in the whole system also increase the hassle and people's sufferings. The daily traffic jams that one observes in many 'rickshaw free zones' like elite Gulshan and many other selected areas where vehicles are stranded for long time, distinctly proves that the assumption that 'rickshaws create jam' is absolutely absurd! It is not rickshaws but it is our mismanagement! Banning rickshaws on city roads for jam sounds ridiculous like another simple decision if we take that 'let us ban lakhs of candidates to sit for SSC examination because we cannot control cheating.'

Again let us not forget the case of migrant, poor vast number of rickshaw-pullers who ply on the city roads to earn a living and thus they with their families survive. They are in 'below-poverty level trap' who migrate to cities for bare survival and it is needless to say, they are illiterate. Access to rickshaws gives them some opportunity to survive. Now let me ask a simple question again: who are we to rob them of the opportunity to honest earnings through hard toil merely by pronouncing certain rules without making alternative arrangements for their earnings?' Can we deprive these lawful citizens of the country to earn a living by plying rickshaws in city streets merely because we have permitted our affluent few to increase the number of cars and we fail to control and promote orderly movement of city traffic because of our own inefficiency? We all know that 'poverty traps' create and enhance many problems and issues but let us not forget that 'work is a right, a duty and a matter of honour for every citizen' (Article 20(I)) and 'every citizen shall have the right to enter any lawful occupation' (Article 40). Let us not make distinction between rickshaw drivers and car drivers, between rickshaw passengers and car riders. If we do so, it will tantamount to inequality in many forms, which will be gross violation of our Constitution, which boldly pronounces, 'the State shall endeavour to ensure equality of opportunity to all citizens' (Article 19(I)).

Let us not discriminate among classes. Let us all remember that 'it shall be a fundamental responsibility of the State to emancipate the toiling masses -- the peasants and workers and backward sections of the people from all forms of exploitation' (Article 14).

Let us help the disadvantaged people to earn resources, skill and new knowledge. Simultaneously, let both the decision makers and implementers improve their own efficiency for better management. Let us all remember that, 'our sacred duty is to safeguard, protect and defend the constitution and to maintain its supremacy' (PREAMBLE).

Shamima Islam is a social researcher and activist.