Taimur Alam Khondaker :
Community is a bond among the people in respect of religion, race, caste, sex or birth place. It is not a state or statutory authority. But it has a pathological image to control of its own subject. A community is controlled by way of its own tradition which is called convention or community internal system.
There is no hard and first definition regarding the norms of community. In the Judgment of Indra Sarhney versus Union of India Case the Supreme Court of India defined the community as “The word community is clearly wide than caste and backward community” means not only the castes wherever they may be bound but also group, classes section anomy the populace”. However, much of the social welfare legislation in Bangladesh is more concerned with providing protection to disadvantaged group from undesirable situation and social connecting legislation is one of the main instruments through which social policy is formulated and implemented.
As per article 28(1) of constitution of Bangladesh the State shall not discriminate against any citizen on ground of only of religion, race, caste, sex or place of birth. But discrimination is there in-between the upper class and lower class people through out the deferent communities.
Article no. 23A of constitution speaks that “The State shall take steps to protect and develop the unique local culture and tradition of the minor tribal races ethnic sects and communities.” It is the constitutional commitment that the Bangladesh as a democratic state will stand behind the ethnic community and provide all facilities which are enjoying by the mainstream people of the state.
Though there is strong constitutional direction for development of ethnic sector and minor communities. But the development is in very slow motion. The ethnic communities are in discrimination in respect of their education, health service, housing, especially employment. Hunting, Cultivation, domestric arrangement work is their main source of income. The children of ethnic community need proper facilities of higher education. On the other hand there is an ethnic community, who does not want to see the world, but they feel better to confine themself in boat and they move one place to another in a group by boat under the leader ship of their own community leader. They used to live on catching snakes and displayed in the area to area like Hat, Bezar and public places. The women of that community sell cosmetic items in day time to villagers. They have the annual conference in a particular place in year and in that conferrace they decide their future program and conduct the trial regarding any complain of offence against any member of the community. They are not getting any support of the government for their establishment and future prospectus of their children.
There is another group of community who are called “Hizla”. They are bio-sexual. They have no legal profession at all, but begging is their source of income. They beg door to door, man to man, and shop to shop for collecting money and materials. Nowadays some of them are involved in criminal offence. The government has taken some measures to look after them. They are creation of nature, but they are deprived of their rights by the mainstream society and people used to neglect, insult, dishonor, disrespect and affront them. They expose themself to be a lady by wiring ladies dress. It is necessary to make scope for their education and employment. They are very deprived of families out of no fault of them.
Rule of law is a social demand. But due to political influence and corrupt practice of the government high officials and law enforcing agencies, the rule of law is under threat to implement properly. Without implementation of law a society can not proceed peacefully. The less fortunate people are always tortured by the influential group of people. As such it is the demand of the society for the establishment of Rule of laws to protect the less fortunate class.
The peoples of Bangladesh are divided into so many communities in respect of religion, race, caste or place of birth. Each community has their own culture and internal customary administration. The community feeling of each and every community is very strong. They feel each for another in question of any tussle with another community. But there is internal community conflict among there. Counseling is the better solution resolving internal community problem.
(The writer is Advocate,
Appellate Division)
