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Why protests against quota system heat up?

Published : Saturday, 6 July, 2024 at 12:00 AM  Count : 564
Md Shawkat Alam Faisal
In a disputed ruling issued on June 5, Bangladeshs High Court ordered the government to reinstate the 30% reservation for the children and grandchildren of independence fighters in all public sector posts, cadre and non-cadre. Since the courts decision, university students around the country have begun to speak out and demonstrate more regularly.

The verdict came after a 2021 writ petition brought by the daughter of a freedom warrior and six others challenging the constitutionality of removing freedom fighter quotas. It should be noted that, following widespread demonstrations, the administration was forced to remove the extended quota system via a circular on October 4, 2018.

Students contend that the return of quotas threatens the meritocratic concept, which they think should govern public sector employment. They argue that the 30% quota for descendants of independence fighters, together with other restricted quotas, unfairly disadvantaged the majority of candidates who are judged solely on their academic performance and qualifications. To highlight their demands, protesters have held demonstrations on university campuses and even stopped major routes.

Students have formed human chains, demonstrations, and marches to protest the perceived injustice of the quota system. Protesters contend that the memory of freedom fighters should not be used to legitimize what they regard as discriminatory policies. They underline that the spirit of the Liberation War was based on equality and justice, which they believe the quota system undermines.

These protests are similar to the 2018 Quota Reform Movement, in which students successfully persuaded the government to dramatically decrease the quota system. In 2018, a large student-led movement erupted, seeking an end to the enormous quota system that reserved 56% of government employment for diverse categories, including 30% for the descendants of independence fighters.

The movement was inspired by dissatisfaction with the perceived unfairness and lack of meritocracy in the public sector employment process. Thousands of students from Bangladeshs universities mobilized for months, conducting sit-ins, marches, and demonstrations. The protests reached a tipping point with large-scale gatherings and considerable interruptions to daily life, attracting widespread media coverage and public support. The initiative emphasized how the quota system disadvantaged many qualified candidates who did not belong to any of the restricted categories.

In response to heavy pressure, the government eventually agreed to eliminate the quotas for first and second-class government employment, assuring that these positions would be filled exclusively on merit. This ruling was viewed as a big success for students and a step toward a more egalitarian system of public employment. However, the High Courts recent decision to reinstate the quota revived the controversy, resulting in the current wave of demonstrations and requests to revert to the merit-based system created in 2018.

As protests against the reintroduced quota system heat up, students have reported substantial harassment and stigmatization. Many demonstrators have been called "Razakars" or supporters of the opposition Bangladesh Nationalist Party (BNP), words with strong historical and political connotations in Bangladesh. The term "Razakar" is especially controversial because it refers to collaborators with the Pakistani army during the 1971 Liberation War.

Accusing the students of such links is interpreted as an attempt to delegitimize their movement and portray them as traitors or political operatives rather than real supporters of merit-based employment. This labeling has resulted in harassment both online and offline. Students have reported receiving threats and under increased scrutiny from officials. Many people believe that these measures are intended to frighten and quiet criticism, chilling the protest movement.

Accusations of political bias are especially devastating in a polarized atmosphere, where affiliation with opposition groups such as the BNP can result in serious social and legal consequences. Despite these hurdles, the students remain resolute in their goals, emphasizing that their movement is founded on equality and meritocracy rather than political allegiance.

The reintroduction of the 30% freedom fighter quota is also viewed as incompatible with international and domestic legal frameworks that prioritize equality and non-discrimination. Bangladesh is a member to both the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR), which require equal opportunity and non-discrimination in all aspects of public life.

According to Article 26 of the ICCPR, all people are equal before the law and have the right to equal legal protection without discrimination. Domestically, the Bangladeshi Constitution includes the principle of equality in several essential articles. Article 27 asserts that all citizens are equal before the law and have the right to equal legal protection. Article 29 further demands that all citizens have equal opportunities in public employment, clearly forbidding discrimination based on race, religion, caste, gender, or place of birth.

Critics contend that the 30% quota for descendants of freedom fighters violates these constitutional protections by providing considerable and unjustifiable preferential treatment that weakens the merit-based recruitment system. This perceived contradiction with both national and international legal norms has sparked protests, as students and supporters demand respect to justice and equality values ingrained in both local and international laws.

However, Article 29(3)(a) of the Bangladeshi Constitution makes an exemption, allowing the government to pursue affirmative action policies to ensure the representation of underprivileged individuals in public service. This clause aims to redress historical injustices and guarantee that marginalized people have access to opportunities that they would otherwise be denied. However, applying a 30% quota to the offspring and grandchildren of liberation fighters poses serious difficulties. Critics contend that not all offspring of independence warriors are disadvantaged, as many families already get substantial government assistance.

These advantages include monthly pensions, housing, land grants, free travel, free medical care, reserved quotas for entrance to educational institutions, and so forth. The considerable privileges already granted to these families call into question the justification for an additional 30% employment quota, which many view as excessive and unfair. It is proposed that, if the goal is to help legitimately underprivileged descendants of independence warriors, the government should provide targeted financial aid and other forms of assistance to individuals in true need rather than imposing a broad and indiscriminate employment quota.

This approach would be more in line with the principles of equality and meritocracy, while also remembering the sacrifices of freedom fighters in a way that does not jeopardize the competitive selection process for public sector jobs.

Furthermore, some professors and specialists who attended the July 4, 2024 protests emphasized that if a quota system is implemented in public employment, it should be limited to a maximum of 5% for physically challenged individuals. This advice is based on the premise of providing necessary assistance to people who actually experience major impediments to competing on an equal basis because of their disability.

My opinion is: What is the spirit of the Liberation War? Why did our national heroes consider their lives? We, the inhabitants of East Pakistan, faced discrimination in all spheres, including education, infrastructure, and public jobs. Protesting against those discriminations was our original cause. We are the people who have been discriminated against by our enemy, West Pakistan, and are now being discriminated against by our own government. I am astounded that the descendants of our national heroes, the liberation warriors, want the "quota system in public employment" as a right! Isn the same discrimination occurring again by maintaining the 30% quota system?

The writer is an Apprentice Lawyer at the Bangladesh Bar Council



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