Erosion of individual liberty

Consequently, I am tempted at this point of time to quote a few lines from Tagore's 'Naivedya' published more than a century ago in 1901. The poet reiterates in them some universal principles and values that appear to have become so important for all of us at this juncture of our national life. I quote some of the significant lines:

"Where the mind is without fear and the head is held high;
Where knowledge is free;
Where the world has not been broken up into fragments by narrow domestic walls;
Where worlds come out from the depth of truth;
Where tireless effort stretches its arms towards perfection;
Where the clear stream of reason has not lost its way into the dreary desert sand of dead habit;
Where the mind is led forward into ever-widening thought and action-
Into that heaven of freedom, my Father, let my country awake"

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We do not need more than these lines to remind us of what our nation needs to do today.

It is clear that several factors have created chaos in our national psyche. Fundamental freedoms and human rights are facing serious challenges. Militancy, fundamentalism, corruption, criminal nexus between politicians and 'mastans', politicization of the judiciary, the executive and law and order agencies, extra-judicial killings, lack of accountability and partisanship characterize the state of our nation as we traverse the 35th year of our independence.

Insecurity and threats have become harsh realities. We have watched with horror as the JMB has targeted State institutions and even threatened to blow up memorials set up to commemorate our victory in 1971. They have also declared that it is inappropriate to celebrate Bijoy Dibosh.

It is no longer just the establishment of 'Allahar shashon'. It is the overthrow of the Constitution and negation of the constitutional process.

This meltdown has already created instability and affected our future potential in terms of foreign direct investment. It has also led some to suggest that Bangladesh is on the verge of becoming a 'failed state'. Lack of effective and good governance has encouraged criminals and terrorists to feel that they are above the law. On more than one occasion apprehended wrongdoers have been released from custody due to socio-metric overlay and informal intervention by politicians.

The government has further complicated the confusing situation within the country by trying to establish a dialogue (outside the Parliament) on how to fight militant terrorism. The important Opposition parties have rejected such a move. They have termed such efforts as being a meaningless cosmetic exercise lacking in sincerity. They have claimed that such an initiative is meant more for the consumption of our development partners. They have also pointed out that the government could have done better had such discussion been permitted within the Parliament at the time when the Opposition had tabled call-attention notices with regard to growing fundamentalism and deterioration in the law and order situation. They have also maintained that the recent nefarious acts of militancy are a direct consequence of the nature and composition of the present governing alliance.

We have seen numerous arrests of JMB activists and discovery of arms caches in the past few weeks. We have also read that these activist, when arrested, have always freely acknowledged their membership of the JMB -- an outlawed group. Some have also proudly claimed past association with the 'Shibir' (the student wing of the Jamat-e-Islami party). Ataur Rahman Sunny, brother of absconding JMB Chief Sheikh Abdur Rahman and Head of JMB's military wing has already revealed to the police about his past association with Jamat-e-Islam politics ('News Today'-15 December, 2005). Such an admission has only strengthened the claims of the Opposition parties that the BNP should disassociate itself from its Islamic Alliance partners. Most of us believe that such a step would indicate seriousness on the part of the Prime Minister in tackling the militancy menace. It would also certify that the Government is willing to confront reality.

However, instead of taking such a step, the Government has been targeting the media and the right of the people in being able to access free information. Some important members of the Cabinet have naively climbed that the media is responsible for this extraordinary growth of militancy within the country. It has also been alleged that intensive coverage of explosions and killings have not only encouraged further nefarious activity but also given unnecessary publicity to outlawed extremist outfits. These people must be living in a fool's world.

Most unfortunately, having failed to contain the situation, an Orwellian scenario is being put in place within the country. As in the USA, a 'big-brother' syndrome is being foisted on us.

First came news that the Government (in the name of establishing security) would initiate new laws to control the press. Some MPs from the Government Alliance declared in the Parliament that there was need to have such laws. What they forgot was that curbing the access to information and controlling the media are useless steps in this age of electronic data sharing and cable TV.

We have been fortunate that till now, despite poverty and confrontational politics, our citizens have had the good fortune of savouring a free press. Attacking this therefore might not be the best idea. It could in fact exacerbate a bad situation and make it worse.

The month of December, which saw Bangladesh emerge as an independent entity, has also seen the infamous promulgation of he Bangladesh Telecommunication (Amendment) Ordinance, 2005. This empowers the government and its security agencies to tap or intercept the telephone conversation of any person, ostensibly to ensure security of the State and protect public interest. Under the law, the government will be able to cancel or suspend license of any telecom operator if it fails to cooperate with the government security agencies.

The government has defended the decision on the ground that this step is necessary to contain acts of terrorism and flush out terrorists.

This, I feel, is contestable. I believe that such an Ordinance is unconstitutional and stands against the principles of fundamental rights of privacy and human dignity guaranteed by the Constitution in Articles 11,32,39(1) and 43(b).

What worries me is that such a repressive measure can easily be the source of abuse and misuse. It can and will be used to harass the Opposition and those activists associated in efforts to reduce flagrant violation of constitutional rights.

The Special Powers Act continuous to be a controversial measure. It has been the cause for debate for many years. Now we have taken another contentious step in our national life. This will only worsen the brew within our political horizon. This will further erode our democratic rights.

I agree that there is a growing spectre of religious extremism in our society. Nevertheless, this is a bad law. I do not concur with the assumption that muzzling the media or bugging phones will cure the malaise. There does not appear to be any justification for such a sweeping law. If the government feels that it requires wiretapping any phone for the sake of ensuring security, then it should seek such authority for eavesdropping through the court of law.

It is this evolving situation in our contemporaneous affairs that has led me to seek out Tagore once again.

We must not forget the crucified history that has given us our liberty. Others must not control the windows of our mind. This country can only move forward if we continue to respect cherished values for which we fought and died. We must not build more walls round ourselves. We should instead try to ascertain the root causes that are leading a section of our people astray. We could then try to help them overcome these aberrations. Participation rather than control should be the order of the day.

Muhammad Zamir is a former Secretary and Ambassador who can be reached at mazamir@ dhaka.net