Foreign Policy Blogs

Secularism Defended, Democracy Reconfirmed: Supreme Court Folds and Publishes Weak Opinions

The principle of ‘Democracy’ has been re-enshrined in the politics and constitutional policy-making in Bangladesh. That at least is what The Daily Star wants you, my reader, to think.

Quite apart from the sheer nonsense of the claim, the Supreme Court (SC) of Bangladesh released the text of a ruling it had delivered some months ago.  In this case, the SC had struck down the 5th Amendment of the Constitution of Bangladesh that held earlier legitimized the snatched, dictatorial and autocratic government that had ruled Bangladesh in much of her sorely tested post-independent history.

Moreover, partisans in government and at least some in the left want you to think that Bangladesh is turning secular again. Not so, of course;  Islam remains the state religion and the invocation to God remains in the preable of the  Constitution.

The news, really, was just that the Supreme Court had released the text of its opinion where it struck down the indemnifying properties of the 5th amendment.  Partisans had hoped that language that had made legal the functioning of Islamist political (and importantly, participating) parties would be struck down. Now though that language was struck down, in effect though, the sanction against politicizing religionwill be overlooked: though secularism has been re-affirmed, nevertheless, much of the language that had dominated the nexus of religion and politics in Bangladesh will remain.

Indeed, having gone through this ‘ordeal’, the opinions will be considered a victory for the hard right Islamicists.  They get to play and the rules they have long fought have been co-opted in Bangladesh’s political game.  Imagine, for one moment whether any political analyst would suggest that the sitting government pass a rule delegitimizing the political party of  a mostly active and sizable, minority.   Only time will tell  whether the broader consequneces of the High Courts decision will play out in the far flung homes and towns  in Bangladesh.

 

Author

Faheem Haider

Faheem Haider is a political analyst, writer and artist. He holds advanced research degrees in political economy, political theory and the political economy of development from the London School of Economics and Political Science and New York University. He also studied political psychology at Columbia University. During long stints away from his beloved Washington Square Park, he studied peace and conflict resolution and French history and European politics at the American University in Washington DC and the University of Paris, respectively.

Faheem has research expertise in democratic theory and the political economy of democracy in South Asia. In whatever time he has to spare, Faheem paints, writes, and edits his own blog on the photographic image and its relationship to the political narrative of fascist, liberal and progressivist art.

That work and associated writing can be found at the following link: http://blackandwhiteandthings.wordpress.com