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Reviewing The Views

Ameliorating the condition of Harijans: Legal rights in Bangladesh

Published : Saturday, 5 October, 2019 at 12:00 AM  Count : 683
The caste system in the Hindu community has been continuing as a long practice deriving the authoritative source from Rig Veda. The four castes: Brahmana, Kshatriya, Vaishya and Sudra groups are generally determined in terms of karma and dharma doctrines. In Srimad Vawgbad Geeta, Vagban Sree Krishna has also highlighted the same content. It has been noted in the Manusmriti that Prajapati had deputed men of different castes in the prescribed works. So, the caste system has been determined based on work without depriving people of any caste of their rights.
Harijans are such kind of community who are under the subdivision of Sudra caste. 'Harijan' meaning 'children of God' was a term first used by Gandhi to refer to Dalits in 1932.
When Mahatma Gandhi started using the term, many including BR Ambedkar objected it, stating that it was condescending and obscurantist in nature.
In India, recently the Supreme Court of India has declared the term 'Harijan' as abusive and insulting to the people belonging to the lower caste and delivered against the use of such term.
But, the scenario is quite different in Bangladesh.
At present, according to the Ministry of Social Welfare, out of the total population, 15.5 lac people consist of Harijan community. Baashfor, Domar, Rawuth, Telegu, Hena, Hari, Laal-beghi, Balliki, Doam, etc are races from the Harijan community.
To define Harijan community, Ministry of Social Welfare, Government of the People's Republic of Bangladesh, uttered in Implementation Manual of Livelihood Development of Dalit, Harijan and Bede 2013 that, "The people who are known as Harijan in the society and the person who does not hesitate to introduce himself as Harijan, shall be meant as Harijan."
So, in our country, the term has been in a sense sanctioned.
The supreme law of our land, the Constitution of the People's Republic of Bangladesh has ensured equal rights and protection of all people irrespective of religion, race, caste, sex or place of birth under Article 29(1), (2). Moreover, Article 32 ensures 'right to life' that connotes right to meaningful enjoyment of life. Again, Article 1, 2, 23, 25 of the Universal Declaration of Human Rights (UDHR); Article 2(2), 7, 9 of the International Covenant for Economic, Social and Cultural Rights (ICESCR); Article 1, 10(1), 18(3) of the International Covenant for Civil and Political Rights (ICCPR) have universally recognized the utmost human rights by which a person can lead his life with dignity and pursuit of happiness. So, all these instruments have ensured the equal right as well as protection of the Harijan community in Bangladesh.
Despite their significant role in society, they are deprived of the rights they were supposed to get. As a part of Sudra caste, even personal law stands quite unfair to them. Successions, Adoption, Marriage system all are different for them. Not only by religious practice, but also by different social restrictions, communities like Harijan, Dalits are deprived of highly. Being the 'Shebok' of society, they have remained untouchable to the mainstream population of the society.
Hence, the responsibility of the State emerges to protect & ensure social justice for the Harijan community. The Government of Bangladesh through Ministry of Welfare has taken an initiative, by introducing a project named "Implementation Manual of Livelihood Development of Dalit, Harijan and Bede 2013" which is yet to be implemented.
Even in big cities like Dhaka, Chittagong, Rajshahi, maximum people from Harijan community are far away from enjoying such special incentives. So, pilot projects and a close monitoring system need to be enhanced for giving special privileges for the Harijan community.
A uniform law can be proposed and introduced debarring all discriminations among different castes of the Hindu community.
Interactivities and cross-cultural bondage between mainstream society and the Harijan society should be developed undoubtedly. Their work and contribution should be respected by all in our society.
The Harijan community has left no stone unturned to satisfy the society at large, but in return, does the society give minimum social justice, security and honour to them?
We all know the answer. Therefore, it is high time we stood together breaking all the barriers from our mind and society.
Shuvadeep Paul is Judicial Magistrate at Sunamganj





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