Bangalee Nationalism

Course Instructor: Sarmin Akter

Lecturer, Department of Law, Jagannath University
(This lecture is taken from the book of M. Jashim Ali Chowdhury)

Bangalee Nationalism

In order to understand the word nationalism, we must discuss the meaning of the word 'nation' and
'nationality'. A nationality grows out of common descent, common heredity and common
environment. In the present-day world, the basis of unity in modern states is psychological rather
than physical. When groups called nationalists emerge, united by common spirit, common customs
and interests and when they form a political unity, they become a nation. No single factor creates
nationality. To be a nation a people need, apart from geographic unity, a community of language,
religion, interest and political aspiration.

Our nationhood arises out of the racial origin we belong to. We are the Bangalees having root in
our ethnic homogeneity irrespective of our religious diversity. Being a land of homogenous people,
today Bangladesh has an excellent chance of emerging as a successful democracy.

Bangalees were shunned despite their political advancement and strong resentment against
oppression and tyranny. The prejudice against Bengali as Muslims had a long history and was quite
prevalent long before Pakistan emerged as an independent state. Muslim intellectuals, elites and
politicians belonging to northern India had the picture of a Muslim as tall, handsome and martial
in character. As Bengali Muslims didn't fit into this prejudiced and racist picture, therefore they
were ignored at best and when even allowed to come closer, were considered inferior. Muslims of
northern India considered themselves superior and more pure blood and despised Bengali
Muslims, which they seem to equate more with Hindus rather than accepting them as brothers in
faith.

All these explain why Bangabandhu renamed East Pakistan as 'Bangladesh' on December 5, 1969
in his speech commemorating the death Anniversary of Hussain Shahid Suhrawardy. He clearly
pointed out that there was conspiracy to delete the word Bengal forever from the map of East
Pakistan. Except the Bay of Bengal there was no sign of the term 'Bengal' anywhere. Even in
August 25. 1955, in spite of severe opposition from Muslim League and Islamic political parties
Bangabandhu uttered the in Constituent Assembly:

Sir, you will see that they want to place the words 'East Pakistan' instead of 'East
Bengal'. We have demanded so many times that you should make it Bengal (Pakistan).
The word 'Bengal' has a history, has a tradition of its own.

The so-called Bangladeshi Nationalism

Bangalee Nationalism was one of the four structural pillars of the original constitution of 1972.
Apart from Preamble, Article 6 identified the peoples of Bangladesh as Bangalees. Article 9
elaborated the notion of Bangalee nationalism and its philosophical foundation:

The unity and solidarity of the Bangalee nation, which, deriving its identity from its
language and culture, attained sovereign and independent Bangladesh through united
and determined struggle the war of independence, shall be the basis of Bangalee
Nationalism.

Unfortunately, later on, Article 9 explaining the principle of Bangalee nationalism was deleted
from the Constitution. It was substituted with a non-significant provision to 'encourage' local
government institutions. Article 6(2) was amended to substitute the term Bangalee with
Bangladeshi

(1) The citizenship of Bangladesh shall be determined and regulated by law.

(2) The citizens of Bangladesh shall be known as Bangladeshis.

By this single amendment, a new and invented nationalism was forcefully inflicted upon the
freedom fighters, which they never thought of while laying down their lives in the battle field. The
freedom loving people of Bangladesh were made to forget their glorious past by a single stroke of
pen. In fact, this was a rejuvenated version of the purification policy pursued by the Pakistani
occupation force during 1947-71 and a part of a scheme to Pakistanize the Constitution of
Bangladesh after the 1975 revenge of 1971.
Rejecting Makeshift Nationalism

In Bangladesh Italian Marble Works Ltd v. Bangladesh, rejecting the changes on the ground of
violation of basic structure the High Court Division eloquently traced out the worth and depth of
Bangalee Nationalism:

The inhabitants of this part of the world irrespective of their cast, 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 travellers. Even during the reign of Emperor Akbar, this part
of his empire was known as 'Sube Bangla. 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 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.

Their such entity as Bangalee blooms in their weal and woe. 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, no body, 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 recognized it.

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"."
To emphasize our Bangalee identity, the High Court Division observed:

This provision glorified our concept of Bangalee nationalism. The framers of the
Constitution in their wisdom, thought it necessary to specifically spell out the basis of
Bangalee nationalism in the Constitution itself. There may be many reasons for it. One
reason may be that from time immemorial, this part of the world which is known as
Bengal during British regime was continuously invaded by Shok. Hun. Pathans,
Moguls and lastly by the English. As such, the Bangalees although retained their entity
through their literature and cultural heritage but always governed by the people other
than Bangalees. That is one of the reasons, Bengal voted so much in favour Muslim
League in 1946 election on the Pakistan issue but even after independence from British
yoke, in no time, their enthusiasm got a jolt when Mr. Jinnah declared at Dhaka in
1948 that Urdu would be the only state-language of Pakistan. This was followed by a
long history of conspiracies to cripple the majority history East Pakistan
economically, politically and also to destroy their cultural heritage and above all their
pride the Bangalee Nationalism but instead, with the rise of oppression, Bangalee
nationalism got new exuberance. The Pakistani Military Janta instead of settling the
issues politically unleashed the worst genocide in the history of mankind. One of their
prime objectives was to destroy and sweep away our Bangalee nationalism from root,
once for all and make the Bangalees a hundred percent Pakistani.

In this historical context, the framers of the Constitution in their anxiety, specifically
spelt out the basis of Bangalee nationalism in the Constitution so that there should not
be any confusion about their entity as Bangalee. Because, they had apprehensions like
Justice Davies that this country may not always "have wise and humane rulers.........
wicked men, ambitious of power, with, hatred of liberty and contempt of law, may fill
the place.
Shunning the amendment in Article 9, the High Court Division observed:

[T]he usurpers by declaring Martial Law seized the State Power......deleted Article-9
altogether, containing the basis of Bangalee nationalism……… did exactly what the
Pakistani Military Janta wanted to do in Bangladesh in 1971. The similarity of
intentions is so stark that it makes one start with surprise.

We fail to understand why Article 9 had to be repealed completely and possibly in

order to camouflage the repealed Article; it was substituted with a new one which has
no nexus with Bangalee nationalism……….

The substituted Article 9 is in respect of promotion of local Government institutions

but Articles 11, 59 and 60 adequately provided for such institutions, as such, this
substitution was unnecessary....... The original Article 9 glorified our Bangalee
Nation-hood, possibly for the first time in our history, in recognition of such nation-
hood, the Constitution emblemed it as one its basic structures but its deletion by a
Proclamation Order constituted a betrayal to the freedom fighters and the three
million martyrs and an insult to our Nation-hood.

Nationalism and Citizenship Reconciled

However, in appeal against the HCD verdict the Appellate Division, though agreed with the HCD
on views regarding Article 9, it was inclined to condone the substituted provision of Article 6. The
consideration on which the Court did so is, in the words of the Court:

If in place of Bangladeshi' the word 'Bangalee' is substituted, 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 Bangladeshi nationals who will return to Bangladesh as well as those traveling
abroad will also face serious complications with the immigration authorities abroad.
Apart from the above and other hackles and harassments, this change of the
 nationality would also cost millions from the public exchequer. So, for wider, public
interest the substituted Article 6 is to be retained.

Such an economic outlook, it is humbly submitted, may serve in lightening the weight of a serious
constitutional issue like nationalism. Perhaps condonation of the change in Article 6 might have
been based on something else.

Interestingly the HCD in the 7th Amendment Judgment (Siddik Ahmed Case) commented that
the Appellate Division's decision in the 5th Amendment Case is not rigid rather it is flexible and
subject to the political decision of the government. It was taken considering the questions of the
problems that would spring from what are presently scripted in our passports and other documents
etc, as well as considering the question of expenses. So, the High Court Division urged the
government to take steps to remove the countervailing factors the Appellate Division cited, which
stand as hurdles on our way to restore unimpaired Article 6.

Nationhood is something different from citizenship. A nationality grows out of common descent,
common heredity and common environment. To be a nation a people need, apart from geographic
unity, a community of language, religion, interest and political aspiration. Our nationhood arises
out of the racial origin we belong to. We are the Bangalees having root in our ethnic homogeneity
irrespective of our religious diversity. On the other hand, in terms of citizenship a mere political
status we unfortunately had to bear so many identities. Before 1947 we were the British Indians,
thereafter the Pakistanis and now the Bangladeshis. Our political status changed over times. But
ethically, linguistically and culturally we remain today what we were thousands of years ago -
Bangalees. It was the Bangalee nationalism that lit the light all through the way. Hence, the original
Article 9 read with the original Preamble truly justified Bangalee Nationalism as a corner stone of
the nation state - Bangladesh.

Even then specification of nationalism in the sense of citizenship might have been avoided in 1972.
Article 6 may accommodate the Bangladeshi Citizenship without any substantial damage to the
Bangalee Nationalism in Article 9. However, it must also be recorded that the dictator substituting
Bangladeshi for Bangalee in Article 6 was not so pious as to correct a mere clerical mistake. Rather
it was a part of the conscious plot to dislodge the Bangalee nationalism, a structural pillar of the
liberation struggle, from the Constitution. It was part of a greater scheme of undermining the spirit
of 1971 in every possible way.
The 15th Amendment Reconciled the Issue

After the 15th Amendment to the Constitution, the definition of Bangalee Nationalism in Article 9
has returned with its original shape. Article 6 of the Constitution now stands as follows:

(1) The citizenship of Bangladesh shall be determined and regulated by law.

(2) The People of Bangladesh shall be known as Bangalees as a nation and the citizens of
Bangladesh shall be known as Bangladeshies.

The question as to the separate recognition for the tribal and ethnic communities has also been
accommodated in the new Amendment Act of 2011. A new Article 23A is added in the Constitution
which reads:

Article 23A. The culture of tribes, minor races, ethnic sects and communities The State
shall take steps to protect and develop the unique local culture and tradition of the
tribes, minor races. ethnic sects and communities.