The quota system is not part of a law but a government policy. The Supreme Court’s order rejected the writ petition holding quota system is a matter of policy. In substance what the court has said: The quota system being the government policy there is no illegality for interference by the court. On the question whether the quota policy has to remain same or not, the court did not and could not say anything.
Since the quota system is not law, it is easier for the government to change or abandon it by a new policy. Had it been even a law then also government was not helpless. It would have just required to pass a law by changing the law. The parliamentary proceedings would have been necessary for amending the law.
The present quota system in respect of government service was a policy decision not a law. If the government changes the policy as regards the quota system the Supreme Court will have no difficulty in accepting that government policy as valid. So changing the policy is a matter for the Prime Minister herself.
This is too simple for government to decide if the said quota system is to be reformed or kept same. There is nothing divine about the government policy on this matter. By the order the Supreme Court made it clear that on policy matters the government is free to make its mind. The court will not stand in the way or interfere.
The students are not demanding change in the quota fixed for freedom fighters in the policy. But it is gravely wrong to cite the Supreme Court’s order and interpret it wrongly to justify a political decision not to keep PM’s words about changing the quota system.
The present government knows better than any other government how easy it is to change policies and laws or even the Constitution to suit the needs of its purpose.
We have some bureaucrats who think they are the only educated and all wise men in the country for advising the politicians in power. So they mislead the government to please the government. To hold a policy to be valid by a court does not mean the government cannot validly change its policy. There will be dead lock in running the country if government cannot change the policy or the law.
The students are demanding a policy change to make it more just in the light of the changed situation and changing logic. The basic reason for demanding the government to rationalise the quota policy is for inducting more meritorious boys in the public service.
This question has not been raised by the protesting students and teachers. But we do not understand why the children and grand children of freedom fighters will not be able to compete on merit basis where merit is essential. The children or grand children of freedom fighters will not claim that they are backward or incompetent so they should not be judged on merit for holding important public offices.
Besides, 30% quota fixed for freedom fighters seems a vested interest group is active.
If children and grand children of freedom fighters are to be helped without consideration of merit then there are many avenues available to the government where they can be effectively helped. But even then the demand of the students is not for abolition of the quota system kept reserved for the children and grand children of freedom fighters.
It is the government that had raised the freedom fighter issue to give it a political colour. The freedom fighters are dear to us all. But it is the government that seems to claim that only they are the people who are well wishers of the freedom fighters. The protesting students and teachers said nothing questioning the quota earmarked for the freedom fighters. There is some deceptions at work.
We find no justification for the government being so much oppressive on students and teachers demanding change of policy to make the system more merit based. The protesting students demand no special concession. They want to serve the nation if they are found in competition as better equipped.
Why we cannot consider the fact that most of the students who are fighting for justice for participation in public service could be children or grand children of people who lost their lives brutally and helplessly in the hands of Pakistan army during the Liberation War. The recognised martyrs are also not treated as freedom fighters. Their children and grand children are not counted for special quota system.
It will be a distortion of our Liberation War if it is not seen as the people’s Liberation War. There was hardly any family who had stayed in the country but lost nobody in the family.
The inhuman oppression let loose on the protesting students and teachers whose cause is right and cannot be ignored. National Professor Serajul Islam Choudhury was so much shocked that he had to point out that even in British or Pakistan days such oppression was not used against students. Police are being used to pick up and imprison the students freely who are protesting peacefully.
The government has forgotten its initial promise to bring change in the policy and set up a committee to recommend desirable changes in the quota system.
But now the government’s position is that since there is a judgement of the court so they cannot change their policy. How much helpless and foolish we have to be to accept everything, right or wrong, foolish or clever.
It is no love for freedom fighters to use them for division and dissension among the people. We are happy to find a sections of university teachers all over the country who have stood by the students and asking the government not to resort to repression on the students but to arrive at a reasonable solution.
We have explained that the Supreme Court has nothing to do with the government’s quota policy, it refused to interfere. It is the political arrogance that is working as the obstacle to change.
Our view is straight forward: The government has to be honest about the students’ demand. The court has not defended any policy, it has just refused to interfere on the ground that policy matters are for the government, recognising full freedom of the government in policy matters.
