We, as a nation, are predominantly vocal whenever our rights are at stake. The “Six Points Movement,” led by the Father of the nation Bangabandhu Sheikh Mujibur Rahman in 1966, against the exploitation of West Pakistan on East Pakistan people, is one of the epic movements in our history which operated as the manifesto for our liberation war in 1971 against the Pakistan to bring back our independence, sovereignty and authenticity. Through nine consecutive months of war; our fierce, rebellious, and relentless freedom fighters brought back our independence, democracy, and sovereignty.
Abraham Lincoln once said, “Democracy is government of the people, for the people and by the people.” The people are the ultimate stakeholder in a democratic form of government. From government to governance, politics to policies, the ultimate subjugation stands still in the favour of the “people.”
Standing for democracy
Nationalism, socialism and freedom from exploitation, democracy and human rights, secularism and freedom of religion -- have been preserved as four fundamental principles of our state policy in the Constitution of the People’s Republic of Bangladesh (Article-8). However, by transgressing “democracy,” martial law was imposed on March 24, 1982. On April 11, 1983, the constitution was suspended and a new form of government was declared in the newly independent Bangladesh. But it could not be sustained for long.
The 1990 mass uprising, popularly known as 90's anti-authoritarian movement, to restore democracy was a movement that took place on December 4 and led to the end of the unconstitutional martial law. The uprising grew from a series of popular protests from October 10. About a hundred people died during the demonstrations that led to the upsurge between October 10 and December 4, around 50 were the casualties of the violent protests, while street fights started on November 27 after a state of emergency was declared.
This anecdote still rushes our blood. The spirit of protesting on the streets by politicians, students, and the masses for “just” demands in order to restore democracy, has always been a matter of pride. In a democratic state, whenever any unconstitutional or undemocratic policy is adopted, people have all the right to protest and these rights of protesting have been exclusively manifested in the Constitution of Bangladesh.
Challenging the legality of the circular, published in 2018, a writ petition was filed by seven children of freedom fighters
Quota distribution and reform
However, a new type of movement and protest has been ongoing against the quota system in the BCS (Bangladesh Civil Service) recruitment since 2012.
In 1972, through an order issued by the Ministry of Cabinet Services, the quota system for BCS was introduced. In a newly constructed independent country, the initial quota system included 30% jobs for freedom fighters, 10% for the affected women freedom fighters (birangana) from the liberation war, 40% for people from various districts of Bangladesh and remaining the 20% was reserved for the candidates qualified on merit.
With the passing of time, reformation has been brought about in the distribution of the numbers. In 1997, the government extended the quota to children of freedom fighters and in 2010, it was further expanded to include the grandchildren of freedom fighters.
In 2013, we witnessed a quota reform movement initiated by several hundred job-seekers who did not pass the 34th BCS preliminary exam. The movement was aimed to protest against the government's policies regarding jobs in the government sectors. The protestors gathered in Shahbagh and disrupted the daily lives of common people for several days.
HT Imam, the then administration adviser to the Honourable Prime Minister Sheikh Hasina, stated to the media, "The government has no plans to reform the existing quota system in the civil service exams."
Subsequently in 2018, Bangladesh General Students' Right Conservation Council initiated Bangladesh sadharon chhatra odhikar songrokkhon parishad demanding reforms in policies regarding recruitment in the Bangladesh government services.
In the 2018 Bangladesh government recruitment system, 56% of government job entry positions were reserved for specific "entitled" classes. That included 30% for children/grandchildren of 1971 "freedom fighters," 10% for women, 10% based on district population, 5% for ethnic minorities, and 1% for people with disabilities.
The protestors had their five points, demanding the reformation in the then existing quota system. In response, the Public Administration Ministry issued a circular on October 4, 2018, discontinuing the quota system for recruitment in the 9-13th grades, which were previously known as first and second-class jobs. On July 30, 2019, the government announced that there will be no quota in recruitment for those jobs, while the quota for third and fourth class positions (grades 14-20th) would still be in effect. However, if no candidate from the relevant quota is found, vacancies must be filled from the general candidate merit list.
High Court rule and the constitution
Challenging the legality of the circular, published in 2018, a writ petition was filed by seven children of freedom fighters at the Hon’ble High Court Division of Bangladesh. After the final hearing on June 5, 2024, the High Court bench of Hon’ble Justice KM Kamrul Quader and Justice Khizir Hayat declared the rule “absolute.” Right after the verdict from High Court Division of the Supreme Court of Bangladesh, the quota reform movement resumed vehemently. The government appealed the decision, and the appellate division issued a status-quo on the order of the High Court. Protesters once again took to the streets, frequently obstructing key locations in Dhaka City to demand a reform of the quota system.
“Quota is overriding merit” is nothing but a myth which can be simply disclosed by some recent reports. As per the PSC Report 2020, after analyzing data from the last five recruitment exams (35th to 39th), a total of 14,813 individuals were recruited under different quotas. Among these, the merit quota stood out prominently, with 9,818 individuals selected, comprising 66.2% of the total recruitment. This indicates a significant preference for merit-based selection and highlights the importance placed on competence and qualification in the civil service recruitment process.
Quota for indigenous communities (5%), the disabled (1%), different districts (10%), and women (10%), is an exclusive constitutional right that has been ensured in Part-III (Fundamental Rights) of the Constitution.
The remaining quota is for the “freedom fighters/their children/grandchildren” that holds about 30% of the total allocation and is the ultimate hiccup for the protestors
Article 29. Equality of opportunity in public employment:
(1) There shall be equality of opportunity for all citizens in respect of employment or office in the service of the republic.
(2) No citizen shall, on grounds only of religion, race, caste, sex or place of birth, be ineligible for, or discriminated against in respect of, any employment or office in the service of the republic.
(3) Nothing in this article shall prevent the state from -- (a) making special provision in favour of any backward section of citizens for the purpose of securing their adequate representation in the service of the republic.
Article 28. Discrimination on grounds of religion, etc:
(1) The state shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth.
(2) Women shall have equal rights with men in all spheres of the state and of public life.
(3) No citizen shall, on grounds only of religion, race, caste, sex or place of birth be subjected to any disability, liability, restriction or condition with regard to access to any place of public entertainment or resort, or admission to any educational institution.
(4) Nothing in this article shall prevent the state from making special provision in favour of women or children or for the advancement of any backward section of citizens.
We owe it to the freedom fighters
The remaining quota is for the “freedom fighters/their children/grandchildren” that holds about 30% of the total allocation and is the ultimate hiccup for the protestors.
For the past few months, we have been encountering numerous inappropriate and insolent comments on social media and in electronic media regarding the facilities provided for the families and descendants of the freedom fighters. Our freedom fighters of 1971 played a pivotal role in the liberation of Bangladesh, embodying the spirit of freedom and inspiring generations with their unwavering commitment to independence and justice. They came from all walks of life -- students, teachers, farmers, workers, intellectuals, and professionals. They are revered as national heroes. Their struggle for independence serves as a symbol of resilience and determination against oppression and injustice. We are indebted to them forever. They did not fight for anything in return but out of love, affection, commitment for the motherland, that we should always remember.
Eshita Tasmin is an Advocate, Supreme Court of Bangladesh.
