Straight Line

Our paradoxical polity and institutional deficit

Muhammad Nurul Huda
ACCORDING to discerning observers, one cannot but be amused and surprised at the paradoxical reality of Bangladesh polity. Such a view may sound exaggerated but, on closer scrutiny, it would appear that in Bangladesh we are actually witnessing events that are apparently absurd but true. One could start with the behaviour pattern of our political class. While politicians have been desperate in securing governmental power by continuously harping on the urgency of people's empowerment, in reality issues of freedom and emancipation have waited for a painfully long time. The incongruity of having a ministry of local self-government did not evoke much remedial measure until recently. The emasculated local bodies do not bother the thinkers and potential leaders. All these go on while one has to bear with the platitudes of overbearing political leaders. The tragic fallout of the above scenario is that, despite having a resilient population, we do not have enough energetic and dedicated people who combine the willingness to assume responsibility for building a new realm of freedom with the practical arts necessary to solve the problems that stand in the way of its realisation. In effect, we have nurtured an authoritarian structure that has specifically repudiated the idea of popular sovereignty. The politicians of all descriptions and bureaucrats of dubious credentials in their power-obsessed career have denied to our citizens a real opportunity to grow in self-reliance and responsibility. The development of a truly democratic consciousness has been impeded by the weight of our establishment. In the not-too-distant past, the nation found itself in a deplorable political scenario because constitutional bodies betrayed the trust reposed in them. This was so because partisanship was painfully dominant in the affairs of the state and comprehensive politicisation was deemed as pragmatic strategy. The day is not far when we will find it difficult to wax eloquent on the novelty of our constitutionally incorporated caretaker dispensation because, in 2006, its image was badly bruised by silly pronouncements, legally and morally indefensible acts, and stultifying actions. While our political masters and all concerned would time and again emphasise the importance of people's unity for real emancipation, the unfortunate reality in Bangladesh, as of now, is that in almost every aspect of national life, the people are being ominously divided into two hostile groups. We may have been admirably vocal in our clamour for democracy but, in reality, it has been kept limited to the holding of election, convening of the parliament, and formation of the council of ministers only. Democratic governments did not ensure the honour of citizens. The unfortunate reality of the recent past was that, to lead a peaceful life one had to be a partisan. To retain one's proprietary right over land, secure contract for development work, or to even safely build a house on one's own property, one needed the support of local powerful groups enjoying the patronage of political power. Post-election vengeance shamed everybody. Whether or not elections were conducted freely and in a fair manner, the plight of the political workers of defeated parties and their fugitive existence made heart-rending stories. The institution of politically motivated criminal cases that aimed at crippling the opponents socially and psychologically further compounded their misery. While politics is supposed to be an edifying pursuit, in reality political identity for many became a hazard. This was so because politics in many places turned into a sinister business, where annihilation of the adversary became the preferred option. There was a desperate bid to amass money, being totally oblivious of the legality of such acquisition. For politicians, ill-gotten money was considered insurance for rainy days. Politics did not bring people together. Most public leaders did not socialise amongst themselves, did not enquire about each others' welfare, and some were not even on talking terms. They did not appear to be socially responsible, and created unhealthy precedents. The resultant acrimonious environment did not augur well for the nation, as the society became one-dimensional, where only unquestioned obedience to the establishment was rewarded and dissent became a liability if not a constant discomfort. The arrogance and intolerance of our public leaders on issues of national importance have disappointed our friends from abroad. Many visitors have wondered how Bangladeshis, who have crafted such an admirably lofty constitution, could be so foul-mouthed in political discourses and behave so immaturely on the social circuit. One was at a loss to see criminal liabilities of a particular time being condoned at another time without the benefit of legal scrutiny. The question that should bother a discerning mind is whether, with our fragile institutions and economic under-performance, we can have a truly representational democracy. There is no denying that the whim and caprice of the ruling clan of the immediate past have transformed our democracy into a confrontational and dysfunctional entity. The burly sinners of our political world have consistently corrupted goodness. The commendable reform venture of the present government has brought to the fore the large-scale deviations and malfunctioning that have taken place in our body politic. Irregularities and waywardness have been so deep and corrosive that unless sustained efforts are made to restore normalcy and propriety, in at least the domain of public affairs, it may not be possible to ensure decent living in a civilised society. Paramount importance needs to be attached to the repair and rebuilding of vital institutions that nourish and nurture a democratic society. Collapse will overtake our country if our institutions, particularly the political ones, do not acquire durability through experience and tradition. We have to remember that the roots of our disarray are in our minds, and the erosion of national character could not be checked. Consequently, the quality of public life has almost reached the nadir. Many of us are as careless about public property as we are careful about our own property. There are many amongst us who would not allow any trespassing on our private property, but are not at all bothered at the manifest sight of harmful encroachments on public property and destruction of public amenities. We have failed to distinguish humanitarianism from miscarriage of mercy. We have not appreciated that our democracy cannot survive without law and order, and that public interest requires the real professional promotion of the entire criminal justice administration and not its denegation and destruction. We continue to forget that crime is not a problem for the police only but also for the whole society. Successful democratic experience indicates that we cannot be truly free without doing away with ignorance. We have to realise that our leaders have to rebuild, and also create, the required institutions for doing the needful. In course of time, those institutions will produce the leaders. One would not be far from reality to say that in Bangladesh we have devalued the judiciary, as we have devalued every other important institution. Instead of defending our judges against political pressures and threats, and instead of insisting upon integrity and impartiality in judicial appointments, we have permitted the executive to supersede judges of caliber and courage. The politicians and the media complain that higher judicial appointments have been given to persons who are suspected of subscribing to the notions of the ruling party. Therefore, it would be prudent to recognise the underlying moral, political and constitutional implications of such gross indiscretions. It is perhaps time to initiate corrective measures to effectively halt the irregularities and hold aloft the majesty of judiciary in public interest. A very vital segment of the governance apparatus where institution building is of supreme importance is the police. Since we no longer want to tinker with the freedom and honourable living of our citizens, it will only be practical to initiate the desired process. In the foregoing paragraphs, the need for reforms that include institution building in the vital segments of judiciary and police has been impressed upon. The urgency of institutional changes in other areas of public activity is by no means secondary. Those areas, too, demand the attention of the government and concerned citizens. In fact, the present government has already effected key personnel changes in sensitive regulatory institutions. The staffing pattern, entry qualifications, domain of responsibilities, and related matters in constitutional posts require scrutiny before formalisation. What, however, should engage our thoughts in the wake of the present efforts of transformation, is the nearly all pervasive attitude of tentativeness in every establishment effort to innovate, or contain or arrest systemic deficiencies. Without doubt, such tentativeness has an adverse impact on the staying power of democracy. The cynics say that we in Bangladesh do not appreciate that freedom must be taken in moderation, and that our misplaced enthusiasm following independence resulted in the unfortunate discarding of the old norms of discipline and decorum, dignity and decency. We are oblivious of the fact that people have risen to great heights when they have basked in the glow of noble kings or leaders. In fact, regimes have been destroyed not by adversity but by abasement. We have to hope and pray that institution building in Bangladesh, now, would mean that there will be a change from privilege to talent and from accident of birth to accent on caliber. It shall also mean that money is something to be earned rather than to be got or won; it shall mean putting extra effort before extra leisure; it will mean stopping our society from disintegrating into hostile factions; it will mean enabling our leaders to perceive the truth and empowering them with the courage to say it to the people; it shall ensure that there is no substitute for knowledge and integrity in public life, and that persons are appointed to high public offices for what they are. The ensuing election could be made the matrix of a regenerated nation. More important would be to establish Government of Bangladesh limited -- limited not in responsibility but limited by the rule of law and the discipline of the constitution. No government should treat the constitution as its private property, and our laws as its personal backyard.
Muhammad Nurul Huda is a columnist for The Daily Star.