The problem with obedience

However, under the present circumstances, many of us might not be aware of the discomforts or the minor disasters that may visit us should we decide to lead a totally or even a partially lawful life. Bengali, according to some, is a language of over-statement, and as such, speakers may naturally be oblivious of the dangers of obedience to the law while expounding on the necessity of establishing the rule of law.

Historical perspective
That the natives lie even on their death-bed is a stigma attributed to the Indians by the British colonial rulers. While this write-up does not intend to examine the veracity of such a pronouncement, it is perhaps largely true that most Bengalis do not correctly register their date of birth. In this context, only those having direct experience can tell us about the dangerous discomfort or uneasiness or even a comical situation that may develop if one speaks the truth or obeys the law. To record the date of birth by decreasing the actual date by several years at the time of admission in school has proved to be a beneficial practice in our society. Very few feel ashamed or embarrassed by such alteration. Barring some honourable exceptions, the leaders of our society do not have their dates of birth correctly recorded.

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Many of them are sincerely carrying out their assigned functions for long years without extra remuneration. Imagine what imbalance might arise if many of them can be motivated to correctly pronounce their dates of birth by touching the holy book or under a solemn affirmation before a magistrate. One can only think about the doubtful validity of scores of official papers, many of them legal, with grave consequences, which were signed by persons who at the time of such signing did not have the locus standi age-wise. It would be difficult, if not impossible, to even figure out the money drawn irregularly from the treasury. It might be imprudent to ascertain the number of civil and criminal cases that may have to be registered for incorrect statements or reports or irregularities. Those who are desirous of embarking on a revolutionary course or are believers in doctrinaire politics may resort to epoch-making ventures. Many of us would like to wait and watch.

Transport and movement
For a large majority, specially those of the low-income group, the rickshaw is still the dominant mode of transport for daily movement. In Dhaka, if we are expecting the rickshaw-puller to ply lawfully then he will lose half a day's wage, because if he does not ply in a haphazard and rash manner he will definitely lose a sizable wage. This is the reality of a metropolis where mechanical and human-powered transports are uncomfortably rubbing shoulders. Under such circumstances, how humane and enforceable would it be to expect the rickshaw-puller to go by the law? The plying areas for rickshaws are shrinking. By one account, there are more than one hundred and fifty thousand unauthorized rickshaws, and the livelihood of at least one million people depend on the income from such unauthorized rickshaws. To put an end to such illegal practices would be a complex proposition under such circumstances. Obedience to the law might invite disaster in such a reality.

Work experience has shown that most passenger-carrying buses of outlying stations do not possess mechanical fitness papers. Setting the records right might mean the stoppage of all buses from plying in small cities and towns. In such an eventuality the misery of people will be unbearable and disorder may follow. Under such circumstances, even the patriotic military government will not emphasize the observance of such a law beyond one week. The government elected by popular vote is usually very kind and will never be heartless by being too respectful of the law. Therefore, one may discover that the comfort of the citizenry is not necessarily dependent upon observance of law. On the contrary, observance may produce the opposite result on occasions.

The goods-carrying trucks on long distance routes may draw special attention in the discussion under review. Many question whether the tradition of greasing the palm of traffic policemen at several intersections and paying toll to other pressure groups is not the result of illegal conduct and activities. The discerning observers say that the unlawful transaction in the transport sector is the inevitable result of peaceful coexistence of two corrupt groups in their mutual interest. When the situation goes beyond previously arranged agreements, some clashes occur.

For facility of understanding, the ground reality is that our driving licenses are largely fake, mechanical fitness is not subject to rigorous scrutiny, and there is no bar to carrying goods exceeding the authorized tonnage by several times. Efforts to put a stop to such irregularities will encounter serious opposition from truck owners and labourers because this will adversely affect their livelihood. Interestingly, the traffic police will not be very keen to set things right because disobedience benefits them too. The matter that merits special attention in this regard is the active support and sustenance provided to the stability and continuity of such irregularities and indiscipline by political quarters. One has only to take a close look at the transport sector to appreciate the arrogance and the unbridled malevolence of unaccounted money flowing on a daily basis. Disciplining the transport sector might give a rude jolt to the foundations of our politics. Whether the public interest would warrant such a bold new experiment is a matter worth pondering over.

Income and wealth
Barring a few honourable exceptions, Bangladesh does not enjoy the reputation of proper payment of taxes and submission of statement of wealth. By one account, nearly four million individuals and groups are supposed to the within that tax net the actual paying rate may be hovering around one million. This figure is an important pointer to the understanding of the vastness of the phenomenon of disobedience, particularly when one is thinking of identifying the obstacles in the way of creating positive economic culture. In this sector the peaceful co-existence of two corrupt groups does not attract public attention. The creation of an environment of obedience may inconvenience the mental and physical well-being of many. Interestingly, the tax returns of our highly-placed professionals are ludicrously low, and quite naturally our tax department does not evoke even one percent of the fear and respect that the IRS does in the US. In reality, we are happy to enhance the individual's unearned income while neglecting to raise the earnings of the state, though all of us want services from the public sector.

The major earnings of the state come from customs duties and sales tax, but there also the share of the state remains below the due. The evil process of over and under-invoicing is difficult to counter. The vested quarter is very strong and stable here. One may remember that in the 80s there were efforts to entrust the duty and tax collection job to a private company as was done in Indonesia. It is very difficult to establish an environment of greater law obedience because illegal practices have unofficially acquired the honour of right. Promoting obedience at higher levels is definitely desirable but achieving that might disturb our societal balance.

Regulatory bodies
The pathetic absence of observance of rules and regulations in subordinate courts and investigative bodies is too well-known to be repeated. For prevention and investigation of crime, the servants of the republic are supposed to serve without extra payment except their salary and allowances, but breach of this conditionality is more frequent than its observance. The disobedient conduct of law-enforcers have become so normal a sight that many do not expect proper discharge of their functions any longer. The unholy nexus of politicians and law enforcement personnel in the commission of crime does not trigger serious protest by the taxpayers. Under such circumstances, the government is ceasing to be the true guardian of the people.

Transparency International has repeatedly reported that in our subordinate courts, services cannot be made available without "speed" money, and that such practices are not considered undesirable on account of its becoming a tradition due to its prevalence for a very long time. Now sticking to the rules and regulations as per the book in these places even on a smaller scale might place the public in a quandary, because they might think that if speed money assures prompt service then why venture into the uncertain experiment of the application of the golden rule. The cynics say that even the furniture of such historical buildings expects extra payment, and employees here think that receipt of speed money is their birth-right as much as adoption of unfair means in the examination is looked upon as a fundamental right by many students.

Tyranny of justice and deliverance
It might appear that under the present circumstances, obedience to the law might turn the suffering public into victims of the tyranny of justice. The expectations of the public are many, but our capacity to deliver is extremely limited. We will have to put up with lot of ambivalence in such a situation. The language of our constitution is lofty and inspiring, but the discourse of our politicians does not match up. However, we cannot lose heart.

We may condone the lapses of illegality and disobedience of the past by taking cover in the doctrine of necessity under irretrievable circumstances in the greater interest of the society. But we should earnestly hope that good words and noble deeds will be restored. The realization may dawn on us one day that disobedience of law cannot be a strategy and a way of life, and that an orderly society is the foundation of democracy. The nation will perhaps awaken to the reality that in the ultimate analysis, intangibles like sincerity and honesty will help us in eking out a durable existence. In the meantime, let all of us earnestly pray to the Almighty for good men and women to lead us.

Muhammad Nurul Huda is a former Inspector General of Police and Secretary to the Government.