–John Tripura
Whether it’s corporate crime, police homicide, or sexual assault, the issue is the same: Does the law apply to everyone in Bangladesh? One of the themes running through our own recent history is that cultures of impunity are also one of the major problems of Bangladesh. The recent incident murdering a student leader Afsana, once more, highlights a culture of impunity that exists in the legal system in Bangladesh, which is not a new phenomenon. In fact, the culture of impunity in Bangladesh is linked both to political leanings and religious beliefs. The police have not been held to account for unjustified killings in minority communities as well. I do clearly remember that I have written a write up at Dhaka Tribune on Aril 7, 2016 with fear and fury of proper justice on Tonu incident on keeping in mind on the case of Kalpana Chakma. Still, the culprits are enjoying the absolute impunity till today. A culture of impunity is likely to develop only if the leaders of organisations have turned a blind eye to malfeasance or actively concealed it. The police, high government officials, and their cronies in the private sector not only abuse their power; they do so know that they will never be held to account and that their victims know that, too. In such situations, establishing the rule of law involves far more than instituting formal legal procedures. For example, if we closely observed the case of SP Babul’s wife Mahmuda Aktar Mitu who was hacked to death in front of her six-years-old son in Chittagong the case is still in suspicious situations. I am not pointing my finger at anyone though the case is still under process, but what if my suspect is really so?, Then it is really requires transforming everyday expectations about equality and demonstrating in practice that the powerful can and will be brought to justice. Though, it is still an assumption only.
If we look at the scenario on the “indigenous women” situation in Bangladesh, it is more brutal and vulnerable. The indigenous women have been either raped or sexually harassed in different parts of the country is dramatically increasing day by day. And due to the lack of access to justice the culprits are enjoying absolute impunity, so the violence against Indigenous women is continuing. By this pass half of the year, 2016 Kapaeeng Foundation has already come up with so many cases of violence against indigenous women. There might be more cases which have not been documented or failed to bring to the light due to some social stigma or scared.
According to the Kapaeeng Foundation documented report, from January 2016 to June 2016 there were 25 cases of human rights violations against indigenous women have occurred in Bangladesh in which total 29 indigenous women and girls were victimised by sexual and physical violence. Of them, 15 incidents took place in Plain land including Naogaon, Rajshahi, Gopalganj Kishorganj, Dinajpur, Chittagong, Dhaka and Cox’s Bazaar districts and the rest were in Chittagong Hill Tracts region.
By the June 2016, a total of 6 indigenous women and girls were attempted to rape, 6 women were physically assaulted, 6 women were raped, 3 were killed after the rape, 4 women were gang raped, 1 sexually harassed, and 3 were kidnapped. In these incidents of human rights violations, out of 36 perpetrators, 3 perpetrators were from indigenous people, while 32 perpetrators were from mainstream Bengali community and 1 perpetrator was a member of law enforcement agency. It is to be defining that the age of the victims starts from 3 to 24.
However, out of 24 cases of human rights violations, only 16 cases were reported to police authority. But, the saddest part of the circumstance is, in these 16 cases, most of the perpetrators were not arrested. In some cases, although the perpetrators were identified and arrested, soon they were released due to weak charge sheets. In some other cases, police were aware of the occurrences of the incidents, but they did not take any action. This is how the culture of impunity is practice in Bangladesh.
Nevertheless, I am very much scared to say that whether Afsana case will also include as like Kalpana and Tonu which is hanging in the air without any justice till today. The rape and murder of Sohagi Jahan Tonu inside the exclusive Comilla Cantonment zone have met with huge protests in every part of Bangladesh. I have seen Gono Jagoron to come up with so many protest agenda on demanding of proper justice for Tonu. And as usual finally, the Gono Jagoron has also slowly dim-out from their protest and demonstrations for Tonu’s justice. Though I was in a fear and fury for Tonu’s justice but also quite optimistic at that time as the whole country was crying out on demanding for her proper justice. But paradoxically would like to say this kind of protest and demonstrations seem to me like another kind of process of paying emotional eulogy and praising some acumen of the victims. Why I am saying this! In recent time we have so many weaknesses of doing protest and demonstrations but there is no any constructive final result of any cases.
What happened to Kalpana Chakma the whole Nation knew about her disappearance incident by the Military personnel back in 1996 on 12 June. Till today so many political organisations, civil societies group and many students organisations have protested and demonstrated at international, national and local levels for Kalpana justice to be prevailed. As reported till today 35 investigators have invested the case of Kalpana Chakma but still the proper result of the case is in the darkness. On the other hand, Kalpana Chakma abductors have been rewarded with a promotion to higher ranks and her aged mother died all along waiting for her return at home. Unlikely, the case of Tonu’s also turns into as same as Kalpana Chakma. Though there is enough evidence at the hand of CID’s to prove the case of Tonu but still it is hanging in the air. Thousand of questions arise in my mind why? As reported when Tonu’s father went to where her body was found and vehicles, including car and motorcycle, tried to run over him. What a pathetic and painful situation, on one side he was struggling to get a proper justice for his daughter and on the other hand’s his life become in risk for claiming the rights to get the justice for his beloved daughter Tonu. Article 27 of the Bangladesh Constitution states that: “All citizens are equal before the law and are entitled to equal protection of law”. And the Article 32 states that: “no person shall be deprived of life or personal liberty save in accordance with law”. But is it applicable in all aspect? Here I put my question to the nation.
It is always our pride as the citizens of Bangladesh to claim we are in a democratic country. But what usually we see in our country. Our democracy is grabbed by some of the imperialist and capitalists. Though, our politician claim of people’s power, but we do not see in real implications. The citizen’s of this country were always laid in a false and with illusive commitments through the political manifesto. It is very difficult to say where the exact destination of this country is. The state policy still cannot trust on youth leadership and to the mass population. It is very much important to restore the proper democracy in the country. The culture of impunity must stop for the future of the country. The top leadership may, in fact, find it convenient to pin responsibility on in this regards. Punishing individuals may not solve anything in the long run if there is no organisational change. Still would love to put my hope and desire to see a proper justice for Kalpana, Tonu, Mahmuda Aktar Mitu and Afsana in this country.
Unheard Voice 