Different views on citizenship
'Bangalees' or 'Bangladeshis'

Dhaka, July 28 ( Total News Bangladesh):

The Appellative Division has justified the retention of Article 6 (2) inserted in the Constitution by the 5th amendment that says the citizens of Bangladesh shall be known as “Bangladeshis”.

Late President Gen Ziaur Rahman through a martial law proclamation had changed the identity of Bangalees as envisaged in the original Constitution of 1972.

“For wider public interest the substituted Article 6 (2) is to be retained,” the Appellate Division said in its modification of the High Court judgment that scrapped the 5th amendment.

The full text of the judgment given by the Appellate Division of the Supreme Court was released on Tuesday.

On the question of nationalism, the Appellate Division said: “Though we expressed the view that being political issue, Parliament is to take decision in this regard.”

But if in place of “Bangladeshi” the word ‘Bangalee’ is substituted in terms of the High Court judgment, the Appellate Division said then all passports, identity cards, nationality certificates issued by the government and other prescribed authorities, certificates issued by educational institutions, visa forms and other related documents of the government will have to be changed, reprinted or reissued.

Moreover, the Appellate Division said the Bangladeshi nationals who will return to Bangladesh as well as those traveling abroad will also face serious implications with the immigration authorities abroad.

Apart from this and other hackles and harassments, the apex court said: “This change of the nationality would also cost millions from the public exchequer.”

However, the High Court in its landmark judgment deleted the inserted Article 6(2) about the citizenship and put arguments in favour of “Bangalees” not “Bangladeshis.”

The High Court said the inhabitants of this part of the world irrespective of their caste, creed and religion were known as Bangalees from time immemorial.

“In their lighter moments they laugh as a Bangalee, in their despair they cry as a Bangalee, they record their feelings in Bangla, their history, their philosophy, their culture, their literature, are all in Bangla. These finer features of life and intellects gave them an identity as a race in India for more than thousand years.”

“This was so recorded in the memoirs of Hiuen Tsang, Ibn Batuta and many other travelers. Even during the reign of Emperor Akbar, this part of his empire was known as ‘Sube Bangla’,” the High Court said.

“As such, this identity as a Bangalee was not a mere illusion or frivolous idiosyncrasy but has a definite character which separated them from other races in Pakistan.”

The High Court said: “The identity of Punjabees, Pathans, etc. might have faded away in their new identity as Pakistanis, but the Bangalees consciously kept their separate entity in their culture and literature in spite of their Pakistani citizenship. This was their pride. Such entity as Bangalee blooms in their weal and woe.”

The High Court said: “This sentiment may not have strict legal value but this very sentiment of Bangalee nationalism paved the way to the ultimate independent Bangladesh which has a very definite legal existence.”

As such, the HC said: “Nobody, how high so ever, must not ignore or undervalue the words ‘Bangla’ or ‘Bangalee’ because since 1952, beginning with the martyrs of language movement, thousands of Bangalees gave their lives for their right not only to speak Bangla but also to live as such Bangalee. It is their basic right and very naturally, their Constitution recognised it.”

The HC further said: “Since this unwanted change of identity from ‘Bangalee’ to ‘Bangladeshi’ does not commensurate with our national entity, this amendment goes to the root of our Bangalee nationalism.”