Human Rights Conditions Of Horizon (Sweeper), Community In Dhaka, Bangladesh

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RESEARCH MONOGRAPH ON

 
“Human Rights Conditions Of Horizon (Sweeper), Community In Dhaka, Bangladesh:  A Legal Review”

 
A Thesis paper submitted in partial fulfillment of the requirements for the award of the degree of Bachelor of Laws (Hons.)
 
 
 
PREPARED FOR
 
 
MR. ABU SALEH MD. TOFAZZEL HAQUE
ASST. PROFESSOR,
DEPARTMENT OF LAW & JUSTICE
 
SOUTHEAST UNIVERSITY
BANANI, DHAKA-1213
 
 
 
s
 
PREPARED BY
 
MOHAMMAD FAIZUR RAZZAQUE
BATCH: 9TH
 
ID: 2006120300044
 
DEPARTMENT OF LAW & JUSTICE
 
SOUTHEAST UNIVERSITY
 
 
Date of Submission: 02nd May 2010

To
The Supervisor,
Research Monograph,
Department of Law and Justice,
Southeast University.
 
 
 
Dear Sir,
I have the honour to state that I am Mohammad Faizur Razzaque student of the Department of Law & justice, bearing ID- 2006120300044 of 9th batch has completed this research paper and is ready to face the viva.
                                                       
 
As such, a date for the viva kindly be fixed by your honour.
 
 
Sincerely Yours
 
 
Mohammad Faizur Razzaque
ID-2006120300044
Batch-9th
Department of Law & Justice
Southeast University.
 
 
DECLARATION
 
I, Mohammad Faizur Razzaque student of LL.B (Hons.), 9th  Batch, bearing ID No.-2006120300044 of the Department of Law & Justice, Southeast University, hereby do solemnly declare that the presented Dissertation has been prepared by me and it has not been submitted anywhere.
 
I declare that this research has been carried out by me and the same has not previously been submitted to any other University / College / Organization for any academic Qualification / Certificate.
 
I also declare that all the information used hereinafter has not been exactly copied or taken from anywhere. If any information has been taken from somewhere it has duly been referred in the foot-notes and in the Bibliography.
 
I warrant that the presented thesis paper does not breach any copyright.
 
 
 
 
 
Mohammad Faizur Razzaque
ID-2006120300044
Batch-9th
Department of Law & Justice
Southeast University.
 

 
ACKNOWLEDGEMENT
 
 
I must acknowledge with thanks the co-operation of all those who encouraged and assisted me. Constraints of space prevent me from mentioning all by name. Of them, I acknowledge with gratitude my indebtness to my hon’ble teacher Mr. A.S.M Tofazzel Hoque under whose supervision I have completed this work and who has always been very sincere and helpful in making me understand relating to this topic, as I am a little learner on this. My indebtness also goes to my other learned teachers of Southeast University who assisted me either by providing information or documents on different parts of this work.
I am also very much grateful to Mr. Rezwan Ahmed, research officer of Manosher Jonno, human rights based NGOs. Mr. Nirmal Chandra Das, general Secretary of Bangladesh Horijon Yukko Parishad for his sincere help to collect data from the Ganoktuly City palli. Special thanks to Mr. sayeed for introducing me with the Muslim sweeper community who are residing at Tongi, and his great effort for helping me collect data from there.  .
I am also grateful to the staffs and officers of the Southeast University Library for their sincere help I received from there.
      My special thanks go for my friends Md. Azharul Islam, Marzia Akther, Sayed Walid-Ul-Musvi, Musfique Ahmed Chowdhury who not only provided me information but also have been a source of inspiration all along this work.
      The views and opinions expressed in this thesis paper are absolutely mine except those which I have quoted. In this work, there may be shortcomings, factual errors, mistaken opinions and stylistic lapses which all are mine and I am alone responsible for this.
 
 
Mohammad Faizur Razzaque
ID-2006120300044
Batch-9th
Department of Law & Justice
Southeast university
 
 
PREFACE
 
Research is essential for pursuit of higher study and acquiring scientific knowledge in any discipline. In-depth study of law is hardly possible without undertaking research. This Research Monograph entitled “Human rights conditions of Horijon (sweeper), community in Dhaka, Bangladesh: A legal review” has been done by me as a part of the LL.B (Hons) course curriculum. This research is intended to a comprehensive analysis of the existing ‘human rights conditions (especially on civil and political) rights of the Horijon community in Dhaka city. The basic purpose of this research is to find out current position of the Sweeper community, including the current functions undertaken by the Government, the legal profession, NGO’s and other public and private sector development partners and various agencies of the united Nations.
The intention behind this research is to clarify to the Government for enact laws for the Horijon community to ensure their constitutional rights and remind the Government to fulfill their international commitment as Bangladesh committed.
I do not claim that my views and observations are correct from every point of view. There may be shortcomings and wrongs which all are mine and I alone am responsible for those. I should also acknowledge that I alone had composed the whole research monograph with very short time. So I am fervently hoped that readers will take into consideration all these and bear with errors and other shortcomings for better research monograph.
Any Enquiry on the contents of this Research Monograph will be most welcome by me.

ABBREVIATIONS
 
 
AD: Appellate Division
 
HCD: High Court Division
 
SC: Supreme Court
 
UN: United Nations
 
UDHR: Universal Declaration of Human Rights
 
RIB: Research Initiative Bangladesh
 
BDHR: Bangladesh Sweepers’ Human Rights
 
DCC: Dhaka City Corporation
 
 
OVERVIEW:
 
 
About 1.5 million sweepers belonging to the Sweeper (so called lower cast of the Hindus) community across the country including the capital have been passing an inhuman and sub-standard life amid unbearable pains, enormous sufferings, serious accommodation problem and deep uncertainty. The number of Sweeper people only in the capital is about half million. The sweepers or Sweeper, one of the 44 scheduled cast communities, is the most neglected section of the society.
 
No authority is there to look after the sweepers who passes their nights only to wake up in the morning to clean the dirties and city garbage. They have been working for 365 days of the year but their reserved colonies are being occupied one after another by musclemen. They have been deprived of all types of civil facilities including education and health care services. They have been passing their days in unbearable sorrows and sufferings without electricity, pure drinking water and supply of gas. The recruitment of sweepers in government jobs has also been decreased. The shanties in their colonies are not hygienic so that their children have been suffering from different type of diseases. The female sweepers are being raped and oppressed frequently during their work in the night. The City Corporations and police stations are not taking actions against the culprits despite repeated complaints; rather, they are being oppressed by the authorities.
 
The Telegu and Kanpuri speaking sweepers have no educational or health care service centre in their colonies. The pregnant sweepers have no maternity leave, even there is no maternity or mother care facilities in the colony. Some of these colonies have few numbers of primary schools but there is no adequate language teacher. Some of non-government organizations (NGO) have been collecting huge amount of money but it is not being used for their welfare.
 
The government slogan ‘Education for All’ carries little value there. For these reasons, some of the Sweeper guardians have sent up their children to nearby schools and colleges by changing their identity and address. There is no space for walking, enough drainage system in the colonies. In such a situations, the sweepers in deep frustration. They have submitted memorandums containing their various demands to the authorities even to the Prime Minister but no results came yet. They have also failed to the Mayor of Dhaka and Local Government and Co-operatives Ministries despite repeated attempts.
In earlier days, they used to enjoy life by drinking liquor, taking ganza and country-made liquor but it became a daydream for them today. They have no money to buy liquor. They have no money for colourful function during the marriage ceremonies. Even the members of the Shawtal community arrange pleasure-festival along with liquor and ganza after the death of a Shawtal to forget the pain. They join the function cheerfully and enjoy it. They consider that the death free detached the men from all types of sufferings and made him free from all hardships and problems. On the other hand, they arrange a weeklong .mourning programme after the birth of a child considering that the newborn baby would face enormous sufferings during his lifetime.
 
In Dhaka city there are six Sweeper colonies where they passed their vulnerable life. These are:-Ganoktuli, Dayaganj, Dhalpur, Sutrapur, Agargaon and Mohammadpur sweeper colonies[1].In Dhaka city, the Telegu  Sweepers are the large in number, they are concentrated mainly in four ghettos or quarters, known as :(1) Wari or Tikatuli Sweeper quarters; (2) Dhalpur Sweepers quarter, officially named city Palli; (3) Gopibag sweepers quarter, and (4) Muhammadpur Sweeper quarter. All the quarters are located within the perimeter of Dhaka city[2].
 
 1.  Statement of the problems:
 
  In Bangladesh sweeper community leads a very vulnerable life. In such a situation I have taken this research, to find out their social conditions and legal support by the Government to ensure the civil and political rights of the sweeper community. Sweepers are the nationals of Bangladeshi, but they are always deprived from all kinds of constitutional rights as enunciated in the Constitution of the Peoples Republic of Bangladesh. Bangladesh is the signatory states of the Universal Declaration of Human Rights, but still this country has not fulfilled its obligation regarding the Sweeper community. My endeavor would be to find out the reason behind this situation.
 
2. A). Research field: To conduct this research, my research field would be Human rights law, which is existing in our country to fulfill the international commitment for Horizon    (sweeper) community.
 
 B). Research topic: To conduct research in my desired legal field, I have selected my research topic Human rights Conditions of Horizon (sweeper) community in Dhaka Bangladesh: A legal review”.
 

  1. Objective of this research:
 
Every research work has an objective, otherwise it must fail. In this research I have selected three objectives, these are:
A). To examine the social conditions of the Horizon community (dignity point of view);
 
B). to examine the position of the ‘civil’ rights of the horizon community, as enunciated in the Constitution of Bangladesh as well in the international instruments;
 
C). to examine the ‘political’ rights of the horizon community, as guaranteed in our Constitution and other international documents.
 
 
  1. Importance:
 
We frequently use the term that we people are civilized. This civilization is the gift of many people’s. Horizon (sweeper) community is one of them, without their contribution it would have never been possible. But this people are in vulnerable situation, they are deprived of minimum human rights, such as, shelter, education, and health care, social recognition etc. In this research I shall try to find out the reasons of the problems. I am very much optimist on this research that it may be helpful for the Journalist, Bar and Bench, NGO’s, enthusiastic people, Academicians as well for the Governments to formulate laws and take decision for the improvements of the horizon community in our country.
 
  1. Literature review:
 
Literature review is essential to understand what is currently known about a problem. In order to conduct this research paper, I will go through the following materials:
 
A). The ‘Pariah’ people. An Ethymography of the Urban Sweeper in Bangladesh, A Asaduzzaman, the university press limited, Dhaka 2001
B). Ahmed, M. (1988) ‘Shylhet_e Dhangor-der Dinkal’, in the Weekly Robber, 6th. March, 1988, Dhaka.
C)  Hyat,A.(1979) ‘Ddhangor Sampradya: Adim das Jivan’, in The Weekly Bicitra,no 10. 20th July, 1979, Dhaka.
D) Asaduzzaman, A. (1990) the Position of Sweepers in Bangladesh, ‘Chand. Pilot’ thesis University of Bergen, Norway.
 
 
  1. Methodology:
 
This research may be based on Non-doctrinal or Empirical research and Qualitative method. Because, an initiative will be taken in this research to collect data by field work; and analyze them accordingly. Now the question is why it is quantitative research? The answer is that, in this research I shall use analytical techniques and take the view of the horizon community by asking question. Furthermore I shall use facts or information already available, and analyze these to make a critical evaluation of the material.
 
  1. Source and limitation:   
 
Sources of the research material are the primary and secondary documents and interview will be the main source.
 
Horizon (sweeper) community can be found in every District, every Municipal town, and even every parts of our country. But I will conduct my research only in Dhaka city. In Dhaka city there are several horizon slums and I will conduct my field work only one or two slums. I will not travel beyond this limitation to complete my research as time is very limited, which is confined within thee months.
 
  1. Outlines of this research:
 
An outline is simply an orderly plan, in writing, showing the division and arrangement of ideas. In order to conduct this research paper, I have also designed my outlines in the following ways; which comprised with some chapters and sub-chapters:
 
CHAPTER-1
 
1.1 Introduction:
 
This chapter deals with aspects of social problems of the Sweeper community, living in the Ganaktuli Sweeper colony of Dhaka. The community is internally divided into several Jats and Jatis, which are endogamous groups.
The Sweeper community is not originated in this country, they came from northern India. They have been brought under the contract with British Government to clean up the municipal city in the then various parts of Indian sub-continent. Prior involvement of this profession the people of the present sweeper community were engaged in various professions, like small cottage business. Most importantly they were in the lower casts people according to the ancient Hindu Religion. For this reason the British Government involved them in this profession by guaranteeing shelter, food, sanitation, ration etc.
 
  1. History of sweeper community (in our sub-continent):
 
To realize the history of the Sweeper community we have to go through the ancient Indian civilization. There is no written history of pre-Vedic times in India. We have history of the period of Rigveda, during this period the society and social structure were based on tribal area. There were no class between the high and low on that period. In India between 1500-1000 B.C some people emerged here known as the Aryan race, and their skin color was fair. They were experts on war affairs, agriculture, live-stock farming etc. When they emerged in India they defeat the Indian tribal people; for which among the Aryan’s some became the Priest, some became the leader of a small group of Indian people and they ruled the whole society. Within few years after war the Aryan became rich; during this period this society divided into four classes namely, the warrior, priest, general people and the Sudra. The social position of Dalit people’s were worst than Sudra. Afterwards during 1000B.C to 600A.D the social structure were divided into four categories such as Brahmans, Khatria, Bishnu and Sudra. First three casts were the high class people. From that period the Sudra’s were considered Dalit. Sudras main function was to serve the so called high three classes. They don’t have any right to religious affairs. Ancient hindu period they were considered as ferocious and greedy. Even they were not considered as a human being. Not only that the high people by using the religious believes had they extorted the Dalit community inherently. In the class dividing society, every class of casts has different duties and responsibilities, it is said that the specific purpose of each casts has been decided by birth. Indeed if we want to find out the history of the sweeper community; still we will see the class differentiation.The evolution of various religion of the ancient Indian society in 600B.C by the side of river Ganga. Buddist and Jaina religion has been evolutes when the class difference reaches its mountain, because the high class community extorted the lower class people due to the economic growth as the north-east India was not agriculturally strong.During 600-500 A.D. in various parts of India people started fighting against the cast differences, male-female, and high-low and tried to establish the principle of mankind; but the fate of the sweeper community was same as it was. Still they are untouchable. During the regime of the king Vimvhishar, the Moguth dynasty were spread throughout the hole India but the fate of the Sudra community as it is. During the period of Gautam Buddah State system evolved and the civil and the criminal justice system established on the basis of cast community.Persons had been considered civilized according to their cast. Sweeper community’s position was at the lowest grade. High class people neglected the dalit community by saying the God has given them birth of its feet.The Bango was under the Mourjjo dynasty during the period 300 B.C. It has been identified from the ancient Indian economics that the Mourjjo dynasty employed bonded labor for their agricultural purposes. They were considered the properties of the higher casts people. The dalit community lived at the end of a village or city during the perios of 200B.C.-200A.D. Even they had to give an explanation if they cross the shadow of the high class people.The present Bangladesh was the part of the west Bengal of India. Historically this nation is the part of Indian culture. In 400A.D. this large Banga area was under the Gupta Dynasty.Chinese mendicant Fa-Heyan mentions in his travel story, during 5th century the socialism developed, and at the same time density of people growing rapidly, for which the lower cast people lived outside the town; because they believed that if the people of sweeper community walked on the road it became dirty. Gupta dynasty is the best example where the secularist literature was created. Vash and Kalidas not only reach the Indian literature but also they enrich the world literature. Ovigganum Sukuntalam is considered the greatest literature in the world out of 100 literatures. It is true that the literature of kalidas describes the class community, where the language of the lower cast people was different from the higher class people.In 629-645 A.D. when Chinese mendicant Huen-Sang came to the Nalnda University for his Studies, he observed that the lower cast people lived out of the city as they are Dalit, and they took onion and garlic in their meal. This community mainly devoted for cleaning. It is pertinent to mention here that Horijon community was brought in Indian city to make it clean by the British rulers of the then undivided India, from north province of Bihar.During 5th and 6th century the practice of religious worship developed, and the lower cast people started getting their right to enter into the temple. After the evolution of religious worship the higher cast people impliedly defeated by the lower class. Though the social structure has changed but the fate of Horijon community has not changed enough[3].
     
             
  1. Historical background of horizon community (Bangladesh perspective):
 
Moghal emperor Islam Khan in 1608 established capital in Dhaka. From that period the sweepers has been employed to ensure the municipal facility for the commuters. In 18th century when the British Government established its new administration, it becomes necessary to employ huge number of sweepers to clean up the city. In that situation the then British Government pick up the Horijon community from northern India, in the then East Bengal for clean up the city. In that time unlike the India, in Bangladesh by the British Government the whole sweeping was managed by the British government in larger scale. Although this system was existed from long before, history explains“there have been system of municipal government and hence of municipal sweeping in various periods of Indian history, in every ancient times as well as under the Mughals.. It appears that other times too, urban street sweeping has been organized bureaucratically, if not by municipal council, by the administrative office of the lacal Nowab or Raja[4]” There was no proper sanitation management before 100 years. Sweepers were engaged to sweep unhygienic latrines, drains and dustbins in these cities. Male and the females of the sweeper community were engaged in this works on a contractual basis; still this system is existing in our society. Only the cast system is responsible to create the divination of high class and lower class discrimination, for which the sweepers are considered untouched in our society. Even they are profane to the every religious people like, Hindus, Muslims, Buddhists, and Christians.During british period, Pakistan periods even in the present Bangladesh Governments the sweeper community has to live in a specified place as determined by the Governments. From the birth of a child this community people are considered as sweeper, which is the form of a ‘boded labor’.There are 16 cores people live in a densely populated area like 57000 square mills. More than 50% of people in our country live in under poverty level, where more than 65% people are illiterate.According to anthropology 97.8% are Bengali, 1.5% are from India (called Behari) non Bengali muslims and 0.7% are the tribal people lives in our country. By faith Muslims are 88.3%, 10.5% are hindus, 0.6% are Buddhists. Economy of this country is basically based on agriculture. 31.6% of the total income comes from the agriculture, 31.6% comes from communication, and 11.5% comes from industry. The highest rate like 65% comes from exporting garments[5]. There is accurate source from where we can anticipate the accurate number of sweepers resides in our country, however, many sources says that the number is most probably hundred thousands. The sweeper’s community shifted from India to Bangladesh with the assurance of living place, working facility with good payment, and liquor, by the British Government.In Bangladesh most of the horijoon community speaks in two languages. One Hindi speaking and other one is Telegu speaking sweepers. Telugu speaking community mainly came from Vishakapatnum of Andra province in India and Hindi speaking community Kanpur of northern India, that’s why they are considered as kanpuri sweeper[6]. From various sources it has been known that mist of the sweepers living in Dhaka is Hindi speaking [7].There is accurate source from where we can anticipate the accurate number of sweepers resides in our country, however, many sources says that the number is most probably hundred thousands. The sweeper’s community shifted from India to Bangladesh with the assurance of living place, working facility with good payment, and liquor, by the British Government. In Bangladesh most of the horijoon community speaks in two languages. One Hindi speaking and other one is Telegu speaking sweepers. Telugu speaking community mainly came from Vishakapatnum of Andra province in India and Hindi speaking community Kanpur of northern India, that’s why they are considered as kanpuri sweeper[8]. From various sources it has been known that mist of the sweepers living in Dhaka is Hindi speaking.
 
1.4: Conclusion:
Moghal emperor Islam Khan in 1608 established capital in Dhaka. From that period the sweepers has been employed to ensure the municipal facility for the commuters. In 18th century when the British Government established its new administration, it becomes necessary to employ huge number of sweepers to clean up the city. In that situation the then British Government pick up the Horijon community from northern India, in the then East Bengal for clean up the city. In that time unlike the India, in Bangladesh by the British Government the whole sweeping was managed by the British government in larger scale. Although this system was existed from long before, history explains“there have been system of municipal government and hence of municipal sweeping in various periods of Indian history, in every ancient times as well as under the Mughals.
After the Independence of Bangladesh the Sweeper community remains untouchable as they were under ancient India and Mughal administration. The views of the majority people has not been changed, though they are engaged the great profession of sweeping.
 
 
CHAPTER- 2
2.1 Introduction:
Bangladesh embodies a combination of Bengali society and culture, a Hindu and Buddhist heritage and later Muslim traditions. The caste system and prejudice against “untouchables” are part of Hindu culture. Although Hindu in origin, work-based discrimination and social exclusion have been a reality in both the Hindu minority and the Muslim majority communities in Bangladesh. Many traditional occupations tend to be descent- based, forming communities who work in unappealing environments and live either in public housing or in slums. The living areas of the workers are segregated and they suffer abuse related to their jobs and status. Rigid religious and psychological barriers impede any change in habitat or occupation. These workers may be termed “Dalits” – “broken people”. In Bangladesh with its Muslim majority, Hindus are a minority and Dalits are the most marginalized and deprived section of that minority community. They are considered “unclean”, living in their own neighborhoods apart from “clean” groups. Most Dalits, particularly among the Hindus, are descendants of Indians from other parts of what was British India, largely imported by the colonial regime to provide menial services. They are denied entry to the temples, social centers and burial grounds of non-Dalits. Like others countries of this world horijon community live in Bangladesh. Most of the times they are discriminated in our society. In every municipalities in our country the horijon community lives in a specific places determined by the municipal authority. They involved in a novel profession like, cleaning up the city. Apart from municipal and City Corporation they are also working in different Government, non-governmental offices, industries, schools, Courts etc. offices to cleaning up the wastages. By inherently they are involved in the profession of sweeping, so that they had never involved in other profession. On the other hand they cast differentiation among their community. Basically they are divided into seven cast groups. On group never participates the cultural and social programmers of other lower casts community, even they do not take food with each other. One of the small parts of the whole population of Bangladeshi is sweeper community. They are contributing in our development. Most importantly they helping to improve the conditions of environment. From the time immemorial they are discriminating by the general people as well the government. The Government has not taken any initiatives to improve their social and economical developments, as if the history creates them the untouchable people. In this research an endeavor will be taken to find out the social position of the sweeper community in our country, as well the current thinking of the people to them[9].
As this research is based on Dhaka city, so few information’s is necessary to cite about them. In Dhaka city, the Telugu sweepers are concentrated mainly in four ghettos or quarters, known as: 1).Wari Sweeper quarter; 2). City polli; 3). Gopibagh sweeper quarter and 4). Muhammadpur sweeper quarter. All the quarters located within the perimeter of ‘Dhaka City Corporation’ and are generally named on the basis of the areas. It is not uncommon to find some Telugu sweepers here and there in Dhaka city, but they keep close relations with their fellow members in the quarters[10].
In the statistics of Bangladesh government, sweepers have not yet been categorized separately as a single occupational group. According to 1988 official record of Dhaka Municipality the number of sweepers in Dhaka city, which is under the jurisdiction of the Dhaka City Corporation, is 9690. Unfortunately this number will be tries in Dhaka city Corporation.[11].
 
 
2.2: Social position of the Horizon community:
 
Horijon community in our country had no any social status in past, presently they have no any position in our society. Most of the people in our country are Muslims, for which they are neglected by the Muslims. But the Horijon community is Hindus, now the question why the Hindu people neglected them? Answer of this question is very easy; it is the cast i.e. the lower and higher class. It is generally believed that the people of the minority group always neglected by the majority groups. But why the Government will discriminate them? From the very beginning of the Municipality the sweeper community was oppressed by the governmental authority. They are depriving from their minimum basic human rights. Governments are always remaining silent regarding their social position and dignity. As I am conducting my research in Horijon community in Dhaka city, so an example of Ganaktuli sweeper colony will be very appropriate to highlight the issues of their housing problems, where the governments slow initiatives will be reflected; that government also has no any interest regarding the sweeper community:-
   
As renovation of the damaged building in Ganaktuli Sweeper Colony goes on at a very slow pace, residents of the building are still in fear of accidents The four-storey building that developed a long crack on its ground floor remains in its damaged condition even one and a half months after the incident.

On the night of December 31, 2007 the crack developed on the walls and floors in six rooms of the building inhabited by Dhaka City Corporation's sweepers.
Residents of the building said the crack developed slowly at night from one end of the building to the other, causing panic among them.

All the 40 families residing in the building vacated immediately, fearing that the building might cave in. But later they came back after DCC engineers examined the building and announced that it is safe.

Renovation of the ground floor started in the first week of January and the work is supposed to end in three weeks. But the work is going on at a snail's pace, leaving the 10 families who lived on the ground floor in misery.

“We do not have any place to go. This was our only home. Now we have to live in our relatives' places that do not have enough space for their own family,” said one of the residents of the ground floor.

“Even though they have told us it is safe to live here, we still doubt it. We sleep at night thinking may be it will cave in at night while we are asleep,” said Shakuntala, another resident of the building.

“But we still live here as we have no other option and the authorities have not offered us a safer place,” she added.
 
Contacted, DCC Chief Engineer Md. Ashfakul Islam said, “DCC usually employ contractors to finish such jobs. We have to go through some procedures such as inviting tender and selecting contractors, which usually take a little time.”

“We will soon finish the work,” he assured.

Islam however brushed aside any possibility of danger. "The building did not tilt as the residents suspect. It is safe to live there."

There are five buildings for sweepers in Ganaktuli colony, each resided by 40 families. The colony was established on 20 acres of land near Bangladesh Rifles (BDR) Headquarters for a leprosy hospital, but later it was turned into a sweepers' colony for DCC. Many families live around the building in shanties.

The condition of entire colony is unhygienic as the sweeper population has increased over time. Many of the families are forced to live for generations in one small room, which is only 9 feet by 11 feet in size.

Ganga, a resident of the colony said, "I came here after independence. At that time I used to live with my husband and in-laws. Now 11 members of my family including my daughter, son and daughter-in-law live in this small room."

Foul odour of garbage makes life even more difficult for those living in the colony, which does not have any indoor bathroom facility.

"We all take bath out in the open. There is no room for privacy," said Raghu, another resident of the colony.

Residents also complained that local influential people and drug traders have occupied a major portion of the colony. They sell heroin, ganja and liquor openly and are involved in sex trade after dark.

The availability of drugs in the colony encourages the juveniles and unemployed young men of the area in taking drugs.[12]
 
Above mentioned examples is a very simple one. There are many instances, if you observe then it will make you fool. In a nutshell we will look over some other social problems they face:-
A). they don’t have any personal estate and houses;
B). obstacles to get proper education, cultural programs and participation in religious affairs;
C). discrimination;
D). discrimination against women and children;
E). child marriage; etc.
 
 
2.3:  Data analysis (on the basis of field work):
 
Data analysis totally based on field work. Time frame to conduct this research is very limited, so that it is quite impossible for me to present the data in a larger scale. However, I have tried to present some data regarding their social problems by asking few questions to the member of the sweeper community. In the interview session about ten members of the sweeper community were participated, and this interview was taken place in Ganaktuli sweeper colony. To collect data regarding social problems of the members of sweeper community I asked them the following questions:-
 

  1. Why people hate them?
  2. Is there any discrimination regarding job in public and private offices?
  3. Whether they have to face any problem in getting health facility?
  4. Whether their own community is the reason for their social problems?
  5. What sort of problems they are facing to get education to their children?
 
To find out these answers I am giving the conversation with six persons of that community.
In the question of No.1 they express their own views, these are:-
 
  1. People’s of the other community, such as barbers never allows us in their shop to cut off our hair, for which we have to move any barber who does his job in footpath. Because we are so called Mather, that’s why they hate us.
  2. We have to take food out side in any hotel. So we don’t have any dignity in this society. Look there is no sign board in any hotel that this hotel is restricted for sweepers, if the other people of the society can take food inside the hotel; why can not? Answer is simple we are sweeper.
  3. If we want to arrange any program, we need to hire glass, plates etc. from decorator; but they do not supply their articles to us. So we have to complete our ceremony in the leaves of banana.
  4. We don’t have any chance to participate in any social program. It brings sorrow to us, but nobody will hear our voice.
  5. People do not take food from us, as they thought we are untouchable.
  6. In one side people hates us, on the other hand they are taking our jobs for which unemployment is a big problems for us.
 
 
To find out the answer to the question number 2 I had put questions to the same six people’s .They replied me the following answers. It is pertinent to mention here that in this question session a student of class three also participated. Sweepers are employed in various government and non-government offices. They sweep the excrement. Government publishes circular for employment of sweepers in the government offices, and government emphases in these circular that the original sweepers will be given priority in the employment. By which government itself looking in very shortsightedness. This is the violation of human rights from the part of the government.
However, now let’s have a look the answers of the people of the sweeper community:-
 
  1. Panna is a member of the sweeper community, who worked in the Home Economics College in Dhaka; one day she washes plates for a professor of that college and the professor refused to take food on that plate. Subsequently Panna involved in quarrel with him, but it was very unfortunate that the professor dismiss her from that job.
  2. Once Komol went on a picnic with their Railway officers, in event of lunch Komol had to take food sitting on floor, as some officer denied sitting him on a chair.
  3.  Sanjid a class three students who reside in Ganaktuli sweeper colony; he introduced himself as Hindu not sweeper. Once this matter was disclosed, for this reason his classmates even his teachers started neglected him, once he had to leave this school.
  4. In many times we invited many occasions by our officers as stuff, but we have to food in such occasion separately.
  5. During election the candidates shook hands with us but after election they hate us by calling sweeper.
  6. Sometimes get health facility in hospital separately, as because we are sweeper.
 
When I was looking the answer to the question number 3, they informed me about their problem in getting health facility, at the same time they told me sometimes they creates some problems for that reasons they discriminated by the Doctors and other staff’s of the hospital.
In reply of my questions regarding health facility “Anup”, who is a member of the Ganaktuly sweeper colony, told me:-
 
“In 2005 he became sick due to an accident in Railway station, and then he was admitted into Railway hospital. There was no bed because of huge pressure of patients, so he got a space in the floor. After two days a bed became vacant, instead of allotting that bed for Anup the authority gave it to a newly admitted patient. Even the authority makes Anup understand that you are not allowing to the bed as you are a member of the sweeper community”.
 
Horinath Shaha a 50 years old member of the Ganaktuli sweeper colony informed me that sometimes we become the reason of the discrimination. The following answer will make it clear.
 
  1. Sometimes we behave like a mad people and for the convenience of the other patient the Doctors separate us from the other patient.
  2. During treatment we take liquor, the other people can not tolerate the smell of liquor, that’s why hospital authority separate us from the other patient.
  3. If we become sick, the other members of the colony creates gathering, usually we do not follow rules and regulations of the hospital.
         
 
 
Sweeper community faces several problems in the society by the community other than their own. But it is also true that they sometimes victimize by their own community. In my survey on the social problems of them at least ten person identifies different problems which is created by their own community. In question session I have numbered this question in No.4.
 
Here social problems regarding own community is meant that the culture which has been following by them. And substantially that has not been changed. It is true that their thoughts and culture are limited in their circles. Generation to generation bearing this culture by which their new generation also confined within it. However now we will move the answers given by the people of sweeper community in return of question No.4;
 
  1. Senior members habitually take liquor whenever they want. Children are imitable in nature so they built up this habit from the very childhood; and it becomes the tradition.
  2. When any husband torture his wife in front of their children, the children cries few year the child realized that it the normal scenario; when her marriage will take place then her husband will treat her in the same way.
  3. Who has the capacity to spent more money for liquor, he is considered rich in their community. It becomes the tradition.
  4. We have to maintain high courtesy whenever any relatives came in their houses for which we have to spent huge money. Sometimes to fulfill these obligations we have to loan money with high interest rate.
  5.  We have to provide dowry during in marriage.
  6. Child marriage is existed in our society.
  7. If relatives visit our homes, before meal the primary requirement to provide liquor otherwise they slang in dirty language.
  8.  Nobody believes each other in the sweeper community. Every one lies with others. Many members lead their lives with huge loans, so they feel frustration. To remove this frustration we take liquor.
  9. Many drunker after taking liquor, behaves topsy-turvy. Sometimes we cannot restrict them.
  10. We people are very superstitious so we involved in drink, gambling etc.
 
 
“Education is the backbone of a society” it is a mere rhetoric in our society. If you look before the sweeper community regarding education then you will find that how vulnerable situation is existed over there. However when I was looking the answer of the question No.5 then I have found the following answers. It is pertinent to mention here that in this interview session six women were participated.
 
2.3.1: Why the children do not go to school?
 
Jusna: My daughter is not interested to go school. Head master of the Horijon School is responsible for this. Very beginning many students participated in the school, but now this number is reduced miraculously, only for the headmaster.
 
Mala:  Many students claims that the torture of the teachers. One of the great problems in our colony, that we don’t have good school. If this problem is solved then every thing will be all right.
 
Parbati: Many families involved their child in house hold work.
 
Nanki: What will be the benefit after completing education? Nobody will treat us as gentleman, because we are sweeper.
 
Dulari: Whenever we go for work in outside, our children will look after our house work rather than education. Because nobody will allow us in good jobs, as we are habituated in odd jobs.
 
Rupa: We want our child take education then at they don’t have work as a sweeper.
 
One woman namely Janu gave a different opinion from others. She is very optimistic regarding education. She expresses her view:-
“If we educated enough then we can talk with other people other than our community, even we can take food with them. For instance, Panna is educated he can do every thing. I must send my daughter to school and make her higher educated”
 
2.3.2: Overall comments on education for Horijon:
 
A large number of members of the sweeper community express their opinion and identifies some points for which, their children are not getting proper education as well they are far backed considering with the children of other community. However, the reasons are:
 
  • Parents are disinterested about education;
  • Teachers are not very much friendly to our children, as we are not in a situation to inquire about their school;
  • They thought will be the benefit, as we would not be allowed for a good job;
  • Children’s are also not very much interested about their school;
  • Environment is not very good for education;
  • Children’s also treated separately, if they participate in school;
  • Parents are not very aware of education. As a result they are involved in earning instead of education, even there are some family, which are fully dependent on the earning of their children;
  • We are superstitious, it is also another reason;
  • Most of we believe that we are sweeper, we will remain sweeper. That’s why we are not interested in education.
  • Horijon’s are very much conservative regarding female.
 
2.4: Case study on social position of sweeper community:
 
Now we will look two case studies, where the social position of the sweeper community will be reflected. It is true that the majority people take advantages over the minority people. The story of Milon das and Sreemati Ramna express their views in the following ways: 
 
2.4.1. Miloon Das
 
Milos Das, Director of the organization Parittran, explained that he grew up in Ganaktuli sweeper colony in Dhaka district where the population is Horijon in a predominantly Hindu community. His father was a van driver, and the family lived a subhuman life as an outcaste with a low economic status.  When he was 12 years old, Milon visited a Restaurant together with his friends and noticed that his friends’ food was served in plates except his own. His Food was served on a piece of paper, and the owner of the restaurant didn’t even want to serve him a glass of Water. He told Milon that he was a son of a Sweeper, and if he served him nobody would ever come to his restaurant. This statement shocked Milon, and full of anger he cried out:  “There is no need of a glass that cannot fulfill the thirst of a child!” He was then beaten by the restaurant owner without anybody protesting it. In a public hearing, Milon Das was fined and threatened that his family would be excommunicated if it happened again.  Milon  explains  that  generations  after  generations  have  suffered  and  continue  to  suffer  from  caste discrimination. Legally, he said, they have no protection and they are exploited economically and physically. Against all odds, Milon Das completed his primary education and decided to fight against social barriers and the curse of untouchability. Throughout his life, he has struggled to establish the rights of Horijon and became the founder of a Horijon organization fighting oppression against Horijon in his region.
 
 
 
 2.4.2 Sreemati Ramna:
 
Sreemati  Ramna  is  a  retired  sweeper  and  widow.  Ramna joined Dhaka Municipality (Now Dhaka City Corporation) together with her husband as a sweeper when Bangladesh was still part of Pakistan.  In 1978, Dhaka City Corporation  (DCC)  fired  them  from  their  jobs  because  there were  too many workers  in  the  city corporation. At that time, several hundred Dalits working as sweepers lost their job. Later Ramna joined as a sweeper at T & T (Bangladesh Telephone & Telegraph Office, Dhaka). She appointed especially for the T & T
Colony.  But  the  problem mounted when  the  authority  requested  her  retirement  in  2001  and  gave  her  only 20,000 BDT as group insurance and medical allowance. The authorities didn’t provide her pension and gratuity as per government service rule. When Ramna asked for the reason, the authorities answered: “Your file report is  bad  and  some  of  your  documents were  lost  or  destroyed,  so  you  don’t  get  the money”.  After that, she started lobbying with different persons of the authorities but nothing worked. At last she communicated with a non-government organisation called Ain-O-Shalish Kendra (ASK) for remedy. According to the advice of ASK, she filed a law suit. The suit has now been underway for four years and she still hasn’t received a verdict.  Ramna has four sons and one daughter and all are married. She is now living with her younger unemployed son B. Solomon having six family members, and she only receives 1500 BDT a month from her husband’s pension money. The whole family depends on the little pension money she gets and they are forced to live a very inhumane life. She stated with regret: “I am living in extreme poverty because I don’t get sufficient food and cloth. What will be the benefit if the Government pays my due after my death?” Ramna concluded by Saying: “The illiterate and unconscious Dalits are always cheated in their working place like me. This practice should end immediately”. 
“The  illiterate  and  unconscious  Dalits  are  always  cheated  in  their  working  place  like me.  This practice should end immediately”               Sreemoti Ramna.
 
 
 
   2.5   Conclusion:
 
Sweeper community feels proud with their jobs, and they wants to continue their jobs as their predecessors did. Now they want to their status, they don’t want to change their profession, but if this situation continues they have to take some revolutionary activities to establish their natural and legal rights. From the dignity point of view, still they are facing huge problems. In this regard we can mention an example: Nirmal Chandra Das[13] went to Rangpur on 21 April, 2010 by an invitation to participate in a work shop on Anti Cast Dissolution. When he reached in Rangpur bas stand at dawn, he was received by the two local horijon leaders. After that he was taken to a restaurant for his breakfast. Interestingly while the local leaders were standing outside the restaurant Nirmal Chandra Das invited them to take breakfast with them but the hotel owner told the guest “dada nobody knows you in this area but this people are familiar here, if they take breakfast with you the other people will not enter this hotel, and it will be a great loss for me”. Now think how much neglected they are by the majority people? So to overcome this situation the Government has to play the vital role, to establish their status as a human being. By enacting laws, creating awareness to the society, cast differences should be removed, which exists their communities, empowerment of women, ensure their works and other facilities as the other community exercises.
 
 
CHAPTER- 3
 
 
3.1: Meaning and definition of civil rights:
 
The term ‘civil rights’ comprises with two words, one is ‘civil’ and another one is ‘rights’. According to Law Lexicon, “the word civil derived from the Latin word ‘civis’ meaning a citizen. The word civil when used as an adjective law; has been defined in the shorter as ‘pertaining to a private rights and remedies of a citizen as distinguished from criminal, political etc’[14].
Now we look the meaning of the ‘right’. Right as an adjective, the term has been defined as meaning fit; suitable; proper; correct; opposed to left.
As a noun in the plural, the term is said to be a generic and common word embracing whatever may be lawfully claimed. As a noun in the singular, a just claim that which be lawfully claimed of any other person that which the law directs and enforceable claim or little to any subject-matter whatever; just claim, legal title, ownership; a lawfully title or claim to any thing property, interest, power, prerogative, immunity, privilege; a legal consequences which attaches to certain facts; that which justify belong to one; that which one has a claim; the interest or share which any one has a piece of property; title; claim; interest; ownership[15].
The term ‘Right’, in civil society, is defined to mean that which a man is entitled to have or to do, or to receive from others, within the limits prescribed by law.
 
So the term “Civil Rights” means, “civil rights are those which appertain to citizenship, and which may be enforceable or redress by civil action[16].
“By civil rights, are understood those rights which the Municipal Law will enforce, at he instance of private individuals, for the purpose of securing of securing to them and enjoyment of their means of happiness. They are distinguishable from natural rights, which would exist even if there were no municipal law.
As defined by Anderson, a civil right is, a right accorded to every member of a distinct community or nation, while a political right is a right, exercisable in the administration of Government. Political rights consist of power to participate, directly or indirectly, in the establishment or management of the government. Every citizen has the right for public officers and of being elected. These are the political rights which the humblest citizen process. Civil rights are those which have no relation to the establishment, support or management of the Government. They consist in the power of acquiring and enjoying property or exercising the paternal and marital powers, and the like[17].
In a nutshell, right is here the general term; the other express modes of right. The right and wrong are defined by the writer will of God, or are written in our hearts according to the original constitution of our nature; the just and unjust are determined by the written laws of man.
 
 
3.2: International instruments regarding civil rights:
 
 Before discussion of international Instrument regarding civil rights, it would be very pertinent to discussion about ‘human rights’.
Broadly speaking human rights may be regarded as those fundamental and inalienable rights which are essential for life as human being, irrespective of his or her nationality, race, sex, religion, etc., simply because he or she is a human being. Human rights are thus those rights which are inherent in our nature and without which we cannot live as human being. Human rights and fundamental freedoms allow us fully to develop and use our human qualities, our intelligence, our talents, and our conscience and to satisfy our physical, spiritual and other needs. They are based on mankind’s increasing demand for a life in which the inherent dignity and worth of each human being will receive respect and protection. Human rights are sometimes called fundamental rights or basic rights they are all rights which cannot, rather must not, be taken away by any legislature or any Act of the government and which are often set out in our constitution. As fundamental or basic rights they are seen as belonging to man and women by their very nature. They may also be described as ‘common rights’ for they are rights which all man and women in the world would share, just as the common law in England[18].
Since human rights are not created by any legislation, they resemble very much with the natural rights. Any civilized country or body like the United Nations must recognize them. They cannot be subjected to the process of amendment even. The legal duty to protect human rights includes the legal duty to respect them. Members of the U.N. have committed themselves to promote respect for the observance of human rights and fundamental freedoms. International concern with human rights as enshrined in the United Nations charter is not a modern invention. It is, in fact, heir to all the great religions and philosophical, and the findings of contemporary science about interrelations of simple respect for human dignity and other individual and community values[19].
Instruments relating to civil rights of the people have not come in our society in a single document; rather it came to our society in the long revolution. Similarly the existence of those documents is result of various documents. While Magna Carta (1215) is often erroneously seen as the origin of liberties of English Citizen, but it was not until the Bill of Rights, 1689 that rules directed towards the protection of individual rights or liberties emerged. After the enforced abdication of James II and the accession to the Thorne of William III and Mary II following the Glorious Revolution of 1688.The experience English Revolution and the various philosophical and theoretical attempts to justify it were not lost on the leaders of Bretains rebellious North American colonies in the latter part of the eighteenth century. In the American Declaration of Independence (1776), drafted by Thomas Jefferson, these ideas find particularly clear fictitious expression.
 
Now back to the French Revolution. The French revolutionaries were concerned with demolition of an old, absolutist system of government and the establishment of new democratic order. The settlement following the French Revolution also reflects the social contracts and natural rights theory of Locke and the French Philosophers, Montesque and the Rousseau. The Declaration of the Rights of Man and the Citizen (1789).
            
  Above mentioned documents are the primary sources of the human rights documents.
Although the origin of human rights law can be traced back to the revolutionary constitutionalism of the seventeenth and eighteenth centuries, it was not until the event of the World War II, that the international community began to manifest an interest in the protection of such rights through the medium of international law.
Human rights will occupy a significant chapter in the story of United Nations. Their place in the original conception of the United Nations is underlined in the Charter and there are as many as seven references in the preamble; among purposes of the United Nations (Article 13); among the responsibilities of the General Assembly [Article 55]; among the objectives of the international economic co-operation[ Article (13(2)]; among the functions of the ECOSOC [Article 65(2)] as a responsibility of one ECOSOC’s commission (Article 680; and among the objectives of the trusteeship system [Article 76(c0]. The provisions of the U.N Charter concerning human rights provide a foundation for an imputes to further improvement in the protection of human rights. They indicate the wide possibilities of the international recognition of human rights.
Universal Declaration of Human Rights[20] was adopted by the General Assembly by a vote of 48 to nil with eight abstentions[21].
One of the main reasons for the inclusion of the provisions concerning human rights in the U.N. Charter was the bitter experience which the mankind had undergone during the First and World War II, when large scale violations human rights were made. Universal Declaration of Human Rights, 1948 consists of both ‘civil and political’ rights and ‘economic social and cultural rights’. However the civil rights as enshrined in the UDHR are:-
 
  • Right to life, liberty and security of persons[22];
  • Prohibition of slavery and slavery trade[23];
  • Prohibition of torture, cruel, inhuman or degrading treatment or punishment[24];
  • Right to recognized as a person before law[25];
  • Equality before law and equal protection of law against any discrimination in violation of the law[26];
  • Right to effective remedy by the competent national impartial Tribunal[27];
  • Prohibition of arbitrary arrest, detention and exile[28];
  • Right to fair equality to a fair and public hearing by an independent and impartial national Tribunals[29];
  • Right to presumed innocent until prove guilty according to law in public trial[30];
  • Freedom from arbitrary interference with privacy, family, home, correspondence or attack on honor or reputation and right to protection by law against such interference[31];
  • Right to marry and form a family and equal rights as to marriage, during marriage and its dissolution thereof[32];
  • Right to own property and freedom from arbitrary deprival of property[33];
  • Right to equal access to the public service in his country[34]; Above mentioned civil rights of the people of this world has been enshrined in the. UDHR also includes the political right of people of the world. However now we shall look before the ‘political’ rights as enshrined in the UDHR:
 
  • Freedom from ex-post facto laws[35];
  • Right to freedom of movement and residence within the borders of State[36];
  • Right leave the country, including his own, and to return to his country[37];
  • Right to seek and enjoy in other countries asylum from prosecution in respect of political crimes[38];
  • Right to nationality[39];
  • Freedom from arbitrary deprival of nationality and right to change nationality[40];
  • Right to freedom of thought, conscience and religion[41];
  • Right to freedom of opinion and expression[42];
  • Right to freedom of peaceful assembly and association[43];
  • Right to take part in the government of his country[44].
 
           Above mentioned rights are considered as the political rights for the universal       human being’s. The UDHR is the starting point of human rights for all. But this initiative gets its full expression after the adaptation of the two major Covenants. However, there are many international instruments have been adopted by the U.N. and other various regional Organizations, these are:-
 
  1. The International Covenant on civil and Political Rights, 1966;
  2. The International Covenant on Economic, Social and Political Rights,1966;
  3. The Optional Protocol to the International Covenant on Civil and Political Rights, 1966.
  4. International Convention on the Elimination of ALL Forms of Racial Discrimination, 1965.
  5. Convention on the Elimination of ALL Forms of Racial Discrimination against Women, 1965.
  6. European convention for the Protection of Human Rights and Fundamental Freedoms, 1950.
  7. American Convention on Human Rights, 1969.
  8. African Charter on Human and Peoples Rights, 1981.
  9. Convention on the Political Rights of Women, 1952.
  10. The Cairo   Declaration on Human Rights in Islam, 1980.
 
In a nutshell it can be said that after the adoption of the UDHR the world community adopts many international document and regional documents. It is true that after adoption of various documents by the international community the scenario of the human rights has been changed. Now the world community has realized that each an every person has some inherent, inalienable rights which can not be ignored. This HR has not achieved in a day; for which the deprived community had to pay a lot, even they had to lay their valuable life.
 
  3.3: Constitutional and other laws in our country provides civil rights:
 
Bangladesh as a nation came into existence in the year of 1971 by a long liberation war. After its existence this nation adopts its constitution 4th November 1972 and came into enforce on 16th December 1972. Bangladesh constitution is written and a rigid one.
One of the fundamental aim of the State to realize the democratic process a socialist society, free from exploitation-a society which the rule of law, fundamental human rights and freedom, equality and justice, political, economic and social, will be secured for all citizens[45].
Most of the civil rights of the citizens for Bangladesh have been incorporated in Part- III of the constitution of the People’s Republic of Bangladesh, which contains the fundamental rights of the citizen.
 
The constitutional provisions are:-
  • All are equal before law and are entitled to equal protection of law[46].
  • The State shall not discriminate against any citizen on grounds only of religion, race, casts, sex, or place of birth[47].
  • Women shall have equal rights with men in all spheres of the State and public life[48].
  • No citizen shall, on grounds only of religion, race, casts, 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[49].
  • No citizen shall, on grounds only of religion, race, casts, sex or place of birth, be ineligible for or discriminated against in respect of, any employment or office in the service of the republic[50].
  • Nothing in this article shall prevent the State from making special provision in favor of any backward section of citizens for the purpose of securing their adequate representation in the service of the Republic[51].
  • To enjoy the protection of law, and to be treated in accordance with law, is the inalienable right of every citizen, wherever he may be, and every other person for the time being within Bangladesh and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law[52].
  • No person shall be deprived life or personal liberty saves in accordance with law[53].
  • No person who has arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest, nor shall he be detained the right to consult and be defended by a legal practitioner with law[54].
  • All forms of forced labor are prohibited and any contravention of this provision shall be an offence punishable in accordance of law[55].
  • Subject to any reasonable restrictions all citizens shall have the right of movement throughout the country[56].
  • Every citizen shall have the right to free exercise of his own religion[57].
  • Subject to any restrictions imposed by law, every citizen shall have the right to acquire, hold, transfer or otherwise dispose of property and no property shall be compulsorily acquired, nationalized or requisitioned save by authority of law[58].
 
These are the constitutional guarantee for the all citizens of Bangladesh. Unfortunately these laws don’t have any practical application for the sweeper community. Even they are depriving the right of minimum standard of life. Where the minimum right is absent it a castle into air to presume the other rights for the sweeper community. However, the next part of this research i.e. the case study on the sweeper community will reflect the existence of fundamental rights in the people of the sweeper community.  
 
 
  1. Real position of civil rights of the horizon community :
 
To know and identify the position of civil rights of the sweeper community I talked with few persons. They responded on my request to talk about their problems. As this research have to be finished within the limited times, so I did not get much time, for which I could not collect more information from them, even I did not get time to visit other sweeper colony except Ganaktuli sweeper colony. To get my desired answers they informed me the following information’s in reply my questions:
 
  • Do you think, the people of sweeper community have security of life and liberty?
 
Sudir Das, one of the members of the Ganaktuli sweeper colony, told me to these questions; that we are the untouchable people of this country. The government and the people of other community hate us. We don’t have any liberty at all. For example, we cannot live other place of the country except in the sweeper colony. We can not take food in the ordinary hotels, except concealing our identity. Security! It is a dream to us, if we do not go for work then we have to pass the day with hunger, there is no ration system, hospital for us. In one hand local people even government confines us within a limited area; on the other hand they always unwilling to provide facility. So, realize how much security we have?
 
  • What do you think about your job facility?
Tarapado, is a member of the sweeper community presently residing in Ganaktuli sweeper colony; replied in this question, that we are considered as bonded labor. If we do not go out foe work in a day, the employer will just cut off the salary for those days. We are illiterate person; we do not know other work to lead our livelihood. There are very few people are educated, notwithstanding they are not allowed to other jobs.
 
  • How do you treated by the law enforcing agency?
 
Tarapado in this question informed me; generally we do not go to police, if any problems arise between us. We solved our problems by our Panchayet leaders. We have a fear with law enforcing agency. Apart form these in police and court requires money, and we are poor for this reason we always avoid law enforcing agency.
 
  • Is there any external interference regarding your internal community matters?
We guided by our Sarders, who is our leader. Now the scenario has changed enough. Various local political party leaders by forcibly interferes our internal matters in the name of Shalish, even they runs their illegal business, such as, drug by using our poor people. In such way they are interfering our internal affairs.
  •  Do you have the equal rights as to marriage, during marriage and its dissolution thereof?
Most of we are Hindus, our marriage is conducted according to the Hindu personal law. But we are not allowed to choose a girl who is other cast than of us. Lower and higher casts system has been maintained strictly. We don’t have any registration of marriage. So, if any dissolution takes place between the spouses there is no legal action, though the dissolution takes place without any valid reason. Generally male have the unfettered power to divorce in our community. It is true that polygamy is rarely exercised in our society. Child marriage is a great problem in our society, there is no authority to look after this matter. There is a reason behind the child marriage, one of the great reasons to security of the female from both the outsider and outsider.
  • Is there any problem regarding participation of religious affairs or any force to change religion?
We perform our religious ceremony without any obstacle, informed by 70 years old Sanker Shaha. He also informed that as our society strictly maintains casts systems, so the lower casts always restrains themselves from the higher casts during performing religious festivals.
However there are some cases people gossips that someone changes his religion, as we are Hindu but if you inquire that you would get a vast number of families converted them into Christian religion. But I don’t know whether they converted them with force or their will.
 
  • Do the women preserve any right of property?
 
Krishna Bala is 45 years old; she replied to this question, that generally we don’t have any property, if our parents have something they distribute among their children.
A woman doesn’t have any right; indeed parents give their female child, whatever they can afford. Generally parents have to spent a lot during their girl’s marriage, so, this is our rights over our parent’s property.
Male children are the absolute owner of their parent’s property, but it would be logical if we distribute our property equally. If I get 20,000 taka then I must give 5000 taka to my daughter. There is no right of property of women in our society, male does everything including leadership, but we want it.
  • What kinds of facility regarding water and sanitation, now provided to you by the City Corporation?
We get water from deep tube well, City Corporation arranged it. Wasa’s line is also here, but if it provides for a day then next two days you will not get it. We notified this matter to the authority several times, but no response from the authority.
Regarding toilet facility, lets have an example, there are ten toilets in our colony. Five for female and rest five for male. Every body has to wait a long queue in the morning. These are very old and unhygienic. We cannot go to our office in due time, because of toilet. At least another 20 toilets need to be set up to solve this problems.
 
 
3.5: A Case Study on the Civil Rights of the Sweeper Community:
 
In this part we will highlight two cases where a member of sweeper community faces enormous trouble in their minimum civil rights. As I have discussed various international documents regarding human rights, so it becomes necessary to inquire about the human rights conditions of the sweeper community. As British Government involved us in this profession by a contract and assured us to provide various rights. But still we are in the position as we were. The first case on Sreemoti Ramna a retired government employee, and second one on Rupa a 23 years old young lady.
 
3.5.1: case study on Sreemoti Ramna:
 
Sreemati Ramna is a retired sweeper and widow.  Ramna joined Dhaka Municipality (Now Dhaka City Corporation) together with her husband as a sweeper when Bangladesh was still part of Pakistan.  In 1978, Dhaka City Corporation  (DCC)  fired  them  from  their  jobs  because  there were  too many workers  in  the  city corporation. At that time, several hundred Sweeper working as sweepers lost their job. Later Ramna joined as a sweeper at T & T (Bangladesh Telephone & Telegraph Office, Dhaka). She appointed especially for the T & T
Colony.  But  the  problem mounted when  the  authority  requested  her  retirement  in  2001  and  gave  her  only 20,000 BDT as group insurance and medical allowance. The authorities didn’t provide her pension and gratuity as per government service rule. When Ramna asked for the reason, the authorities answered: “Your file report is  bad  and  some  of  your  documents were  lost  or  destroyed,  so  you  don’t  get  the money”.  After that, she started lobbying with different persons of the authorities but nothing worked. At last she communicated with a non-government organisation called Ain-O-Shalish Kendra (ASK) for remedy. According to the advice of ASK, she filed a law suit. The suit has now been underway for four years and she still hasn’t received a verdict.  Ramna has four sons and one daughter and all are married. She is now living with her younger unemployed son B. Solomon having six family members, and she only receives 1500 BDT a month from her husband’s pension money. The whole family depends on the little pension money she gets and they are forced to live a very inhumane life. She stated with regret: “I am living in extreme poverty because I don’t get sufficient food and cloth. What will be the benefit if the Government pays my due after my death?” Ramna concluded by Saying: “The illiterate and unconscious Dalits are always cheated in their working place like me. This practice should end immediately”. 
 
 
3.5.2: A Case Study on Rupa Dsa:
 
Lalchand’s daughter Rupa lives in Gonoktuli Sweeper Colony, aged about 23 years. She worked as street sweeper, after returning from work in many times she feels so tired for this reason she avoids cooking. Sometimes she after returning from her work, she went to the near by restaurant for some food. And her husband most of times back home in night. On this day she went to the restaurant for purchasing food, it was cloudy and raining. When she reached to the restaurant, she some young boys were gossiping in the restaurant. As it was raining she thought if the rain stopped then she will run towards her house; and she started eating inside the restaurant. The owner of the shop teases her by observing her dress. In the meantime the other boys who were gossiping they also engaged with the restaurant owner. Rupa just heard those naked languages silently, after the she tried to protest them. After few minutes they touches her body; and within a minutes people gathered over there and Rupa backed to colony on crying.
After get informed this matter the Sarder decides they would go to the restaurant united, and take necessary actions against them. In the meantime this news spread out throughout the whole sweeper colony. At last the restaurant owner apologist to Rupa. But the people who disturbed Rupa will never restrained themselves such kind of act, as the local Ward Commissioner solved this matter in favor of the notorious people without taking any action of outrage her modesty. Even the local Commissioner threatened to Rupa, by saying that you were responsible for everything.
 
The above two cases clearly indicates the real position of the sweeper community in exercising their ‘civil’ rights. However, at least considering the sweeper as a human being, we can ensure minimum human rights to them. But instead of doing this we are always trying to deprive them to get those rights as enshrined in the International humanitarian documents.
 
3.6: Conclusion:
 
From the beginning of this world people fought for human rights to ensure their minimum life standard. Every times they defeat the evils and established their human rights in this society, for their sacrifice we are claiming that we are civilized. But this war has not been finished yet? Still there are number of minority groups fighting for these rights, who are deprived by us. Sweeper communities are totally deprived from the civil rights as enunciated in the Constitution of the peoples Republic of Bangladesh. They don’t have any housing facility, proper sanitation, health care, education etc. Even they are also deprived from the most important fundamental rights as stated in the Constitution, i.e. “all are equal before the eye of law[59]”, because if they were equal in the eye of laws then the Government Could have enacted a laws for this community. Now it is the high time to do something for this community. Otherwise the ultimate object of the Constitutional and International guarantee will be frustrated. At this stage the first steps for the sweeper community to bring under them in the law, should be taken by the City Corporation authority as most of the activities of the sweeper community based on this institution. Under the contract by which they have been brought in this profession by the British Government, should be performed by the Government. In twenty first century we want to develop our conditions of life and economic liberty, but nothing will be fruitful until we ensure the rights of this community.     
 
 
CHAPTER-4
 
  1. Meaning and definition of political rights:
 
The term ‘political rights’ comprises with two words, one is ‘political’ and another one is ‘rights’. The word political is defined to be pertaining to the policy or the administration to the Government.
The word political is its higher and true sense, means that which pertains to the government of a nation. In this sense it includes the entire system of its laws, constitutional and statutory. In the fundamental law, the people first establish the framework of their political system. They establish the limitations and boundaries of power, and those principals which are to be stand as permanent guide for future action for the government. Within the limit thus established the subsequent policies of the nations are regulated by laws[60].
Now we look the meaning of the ‘right’. Right as an adjective, the term has been defined as meaning fit; suitable; proper; correct; opposed to left.
As a noun in the plural, the term is said to be a generic and common word embracing whatever may be lawfully claimed. As a noun in the singular, a just claim that which be lawfully claimed of any other person that which the law directs and enforceable claim or little to any subject-matter whatever; just claim, legal title, ownership; a lawfully title or claim to any thing property, interest, power, prerogative, immunity, privilege; a legal consequences which attaches to certain facts; that which justify belong to one; that which one has a claim; the interest or share which any one has a piece of property; title; claim; interest; ownership[61].
The term ‘Right’, in civil society, is defined to mean that which a man is entitled to have or to do, or to receive from others, within the limits prescribed by law.
So the term ‘political rights’ is defined by Anderson to be a right exercisable in the administration of government. “Political rights” consists in power to the participate directly or indirectly in the establishment or management of the government.
Political rights are those which may be exercised in the formation or administration of the government; which consists in the power to participate, directly or indirectly, in the management of the government; those rights which belongs to the nation, or to a citizen, or to an individual member of a nation, so distinguished from civil rights, namely, local rights of the citizen[62].
 
 
4.2: International instruments regarding political rights:
 
Before discussion of international Instrument regarding political rights, it would be very pertinent to discussion about ‘human rights’.
Broadly speaking human rights may be regarded as those fundamental and inalienable rights which are essential for life as human being, irrespective of his or her nationality, race, sex, religion, etc., simply because he or she is a human being. Human rights are thus those rights which are inherent in our nature and without which we cannot live as human being. Human rights and fundamental freedoms allow us fully to develop and use our human qualities, our intelligence, our talents, and our conscience and to satisfy our physical, spiritual and other needs. They are based on mankind’s increasing demand for a life in which the inherent dignity and worth of each human being will receive respect and protection. Human rights are sometimes called fundamental rights or basic rights they are all rights which cannot, rather must not, be taken away by any legislature or any Act of the government and which are often set out in our constitution. As fundamental or basic rights they are seen as belonging to man and women by their very nature. They may also be described as ‘common rights’ for they are rights which all man and women in the world would share, just as the common law in England[63].
Since human rights are not created by any legislation, they resemble very much with the natural rights. Any civilized country or body like the United Nations must recognize them. They cannot be subjected to the process of amendment even. The legal duty to protect human rights includes the legal duty to respect them. Members of the U.N. have committed themselves to promote respect for the observance of human rights and fundamental freedoms. International concern with human rights as enshrined in the United Nations charter is not a modern invention. It is, in fact, heir to all the great religions and philosophical, and the findings of contemporary science about interrelations of simple respect for human dignity and other individual and community values[64].
Instruments relating to civil rights of the people have not come in our society in a single document; rather it came to our society in the long revolution. Similarly the existence of those documents is result of various documents. While Magna Carta (1215) is often erroneously seen as the origin of liberties of English Citizen, but it was not until the Bill of Rights, 1689 that rules directed towards the protection of individual rights or liberties emerged. After the enforced abdication of James II and the accession to the Thorne of William III and Mary II following the Glorious Revolution of 1688.The experience English Revolution and the various philosophical and theoretical attempts to justify it were not lost on the leaders of Bretains rebellious North American colonies in the latter part of the eighteenth century. In the American Declaration of Independence (1776), drafted by Thomas Jefferson, these ideas find particularly clear fictitious expression.
 
Now back to the French Revolution. The French revolutionaries were concerned with demolition of an old, absolutist system of government and the establishment of new democratic order. The settlement following the French Revolution also reflects the social contracts and natural rights theory of Locke and the French Philosophers, Montesque and the Rousseau. The Declaration of the Rights of Man and the Citizen (1789).
Above mentioned documents are the primary sources of the human rights documents.
Although the origin of human rights law can be traced back to the revolutionary constitutionalism of the seventeenth and eighteenth centuries, it was not until the event of the World War II, that the international community began to manifest an interest in the protection of such rights through the medium of international law.
Human rights will occupy a significant chapter in the story of United Nations. Their place in the original conception of the United Nations is underlined in the Charter and there are as many as seven references in the preamble; among purposes of the United Nations (Article 13); among the responsibilities of the General Assembly [Article 55]; among the objectives of the international economic co-operation[ Article (13(2)]; among the functions of the ECOSOC [Article 65(2)] as a responsibility of one ECOSOC’s commission (Article 680; and among the objectives of the trusteeship system [Article 76(c0]. The provisions of the U.N Charter concerning human rights provide a foundation for an imputes to further improvement in the protection of human rights. They indicate the wide possibilities of the international recognition of human rights.
Universal Declaration of Human Rights[65] was adopted by the General Assembly by a vote of 48 to nil with eight abstentions[66].
One of the main reasons for the inclusion of the provisions concerning human rights in the U.N. Charter was the bitter experience which the mankind had undergone during the First and World War II, when large scale violations human rights were made. Universal Declaration of Human Rights, 1948 consists of both ‘civil and political’ rights and ‘economic social and cultural rights’. However, specifically there is no separate instrument for political rights; these rights are included at the same instrument where the civil right of the peoples is mentioned. The first documents on human rights are the Universal Declaration of Human Rights, 1948. The UDHR contains the following political rights of the human being. It is pertinent to mention here that I have categorized the political rights as enunciated in the UDHR, ICCPR according to the rights, which are totally depends upon the political will of the Government. The UDHR contains:
 
  • Freedom from ex-post facto laws[67];
  • Right to freedom of movement and residence within the borders of State[68];
  • Right leave the country, including his own, and to return to his country[69];
  • Right to seek and enjoy in other countries asylum from prosecution in respect of political crimes[70];
  • Right to nationality[71];
  • Freedom from arbitrary deprival of nationality and right to change nationality[72];
  • Right to freedom of thought, conscience and religion[73];
  • Right to freedom of opinion and expression[74];
  • Right to freedom of peaceful assembly and association[75];
  • Right to take part in the government of his country[76].
 
The International Covenant on Civil and political Rights, 1966 contains the following ‘political rights” of the people of the Nations:
  • Everyone shall have the right to freedom of expression, thought, and conscience[77].
  • The right of peaceful assembly shall be recognized[78].
  • Every one shall have the right of freedom of association with others[79].
  • Every citizen shall have the right to take part in the management of the Government[80], etc.
 
 
     The UDHR is the starting point of human rights for all. But this initiative gets its full expression after the adaptation of the two major Covenants. However, there are many international instruments have been adopted by the U.N. and other various regional Organizations, these are:-
 
  1. The International Covenant on civil and Political Rights, 1966;
  2. The International Covenant on Economic, Social and Political Rights,1966;
  3. The Optional Protocol to the International Covenant on Civil and Political Rights, 1966.
  4. International Convention on the Elimination of ALL Forms of Racial Discrimination, 1965.
  5. Convention on the Elimination of ALL Forms of Racial Discrimination against Women, 1965.
  6. European convention for the Protection of Human Rights and Fundamental Freedoms, 1950.
  7. American Convention on Human Rights, 1969.
  8. African Charter on Human and Peoples Rights, 1981.
  9. Convention on the Political Rights of Women, 1952.
  10. The Cairo   Declaration on Human Rights in Islam, 1980.
 
In a nutshell it can be said that after the adoption of the UDHR the world community adopts many international document and regional documents. It is true that after adoption of various documents by the international community the scenario of the human rights has been changed. Now the world community has realized that each an every person has some inherent, inalienable rights which can not be ignored. This HR has not achieved in a day; for which the deprived community had to pay a lot, even they had to lay their valuable life. Bangladesh, as an independent nation has failed to achieve its international commitment to ensure human rights for all the citizens, as Bangladesh is a country with 140 million people and it is one of the least developed countries in the world. There  is  an  estimated  5.5  million  sweeper  living  in  63  districts  in  Bangladesh  although  numbers  vary much according  to  different  sources[81]. Bangladesh still backward position to prepare legislation for the particular community like, sweeper. However, in the next part we will have a look the national legislation for the sweeper community.
 
4.3: Constitutional and other laws regarding political rights in our country:
 
 
Bangladesh as a nation came into existence in the year of 1971 by a long liberation war. After its existence this nation adopts its constitution 4th November 1972 and came into enforce on 16th December 1972. Bangladesh constitution is written and a rigid one.
One of the fundamental aim of the State to realize the democratic process a socialist society, free from exploitation-a society which the rule of law, fundamental human rights and freedom, equality and justice, political, economic and social, will be secured for all citizens[82].
Most of the civil and political rights of the citizens for Bangladesh have been incorporated in Part- III of the constitution of the People’s Republic of Bangladesh, which contains the fundamental rights of the citizen.
 
The constitutional provisions are:-
  • Every citizen shall have the to assemble and participate in public meeting and processions peacefully and without arms, subject to any reasonable restrictions imposed by law in the interest of the public order and public health[83].
  • Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of the public order[84].
  • Freedom of thought and conscience is guaranteed[85].
  • Freedom of profession or occupation[86].
 
Above mentioned rights are the major political rights of the citizen of Bangladesh according to the Constitution. Apart from the constitution there is no piece of legislation for the sweeper community. Our neighbor country India has enacted THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989[87] , for this particular community. In our country also enacted some legislation[88] for particular group of people, but this community is always behind from the governments initiatives. There is no debate that the discrimination and deprival from rights of the sweeper community begins from there casts system. We did not find any initiative of the Bangladesh government to protect or preserve the rights of the sweeper community.
 
   Only the City Corporation Ordinance, 2008 promulgated by the President during emergency period; there is no provisions regarding sweeper community. Only in Third Schedule made provisions, where the City Corporation will ensure dust free city by appointing employee. Sixth Schedule of this Ordinance provides that the Corporation is empowered to make Rules Under section 121(2)[89] and Sixth Schedule provides a list of Rules that the City Corporation may made. Seventh Schedule provides a list of Regulations that the City Corporation is empowered to make as mentioned in section 122(2)[90]. This list also silent regarding Regulations of the sweeper community. Schedule Seven of this Ordinance provides a list of By-Laws that the Corporation is empowered to make, under section 123(2)[91]. This list does not include any specific By-Laws which will include the matters relating to Sweeper community.
 
 
  4.4: De-facto position of political rights of the horizon community:
 
To know and identify the real position of political rights of the sweeper community I talked with few persons. They responded on my request to talk about their problems. As this research have to be finished within the limited times, so I did not get much time, for which I could not collect more information from them, even I did not get time to visit other sweeper colony except Ganaktuli sweeper colony. To get my desired answers. However, they informed me the following information’s in reply my questions:
One thing has not been mentioned yet, that regarding political rights most of the answers came from Baijolal, president Dhaka City Corporation Scavengers Union.
 
  • What is the role of City Corporation about the sweeper Community?
 
We are fully dependent upon the city Corporation. City Corporation takes care of our convenience and inconvenience. Chief cleaning officer of the city Corporation conducts his duty from the office of the City Corporation. Our duties and responsibilities overlooked by the cleaning Inspector, who has been employed for every Word of the City Corporation.
 
  • Whether women are allowed to take part in deciding any matter regarding her family or about your association?
 
Except in marriage ceremony, religious affairs and funeral; women are not allowed to any other matter. In our association there is no woman’s participation and their opinion usually is ton acceptable. They look after the household and take care about our children.
  • Is there any obstacle to form or regulate your association?
 
We have associations. We formed first association and its name is Horijon Sanjuktto Parishad . After this association, we formed many associations. Very beginning the notorious people demanded chada, otherwise they would not allow us to form association. A case study is included here regarding this issue.
 
  • What is the rule of your community during any elections?
 
We have voting rights. We cast our vote, to which we like. Member of Parliament (MP), Ministers, Commissioners came to us during election with their relatives. But we are third class citizen, because if a Muslim is the first class citizen, if the Hindus are the second class citizen; so no doubt about that we are the third or lower that of third class. Those who came to us for vote, they always throw some promises to us that if I become your leader than I shall solved your problems.
During election we works for all, we never frustrate anyone. After campaign we give Nomosker, we know that very well that if they won or lose in the election, we will not be benefited anyway. But we always participate in the election; we know that as a citizen it is our duty, though we are third class citizen of this country.
      
  • Is there any participation of the member of the sweeper community in the public election?
Not at all. We are oppressed by the local people; it is just like a castle into air. Look, when we take any initiative to form any association, then the local people creates impediments over it, only because they never want to see us united. So in the light of our Constitution, we don’t have any political rights at all.
 
  • Do you have access in the public service without any discrimination?
 
We are illiterate, so we don’t have any scope in the public service. If the Government publishes any circular for employment of sweepers, then we apply for that particular post. But presently most of the posts are capturing by the Muslims by lobbying. We don’t have much money to bribe them for job, though in the circular it expressly mentions that the original sweeper will be given priority.
 
 
4.5:  A case study on Political rights of sweeper community:
      
There are very few instances where the sweeper community directly participates in the public elections; as this right is the absolute ‘political’ rights. However, now let’s have a look a case where a group of Muslim sweepers wanted to organize themselves. This case has been collected from a Basti of Tongi, nereby the Turag River in Gazipur District. Were around 400 Muslim sweeper resides. One thing should be mentionr\ed here that there is no specific place or colony for Muslim sweepers as it is a Muslim country. These sweepers usually work in the private offices, various garments, private clinics, and hospitals etc. Mr. Shaid, Monju, Momin, Lalu helped me a lot to find out this case.
 
4.5.1: Case study on Tongi Muslim sweeper slum dwellers:
 
In Tongi, near the mass grave there is a slum where more than 400 Muslim sweepers reside. Local Mastan always disturbs them and claim chada. If they refuse to pay any money, they have to be tortured physically. Once a young sweeper namely Monju protest their activity, then the mastan seriously injured him. Then Monju along with other members hold a meeting to form an association. But the mastan abundant their plan, and attacked them. When the sweepers noticed this matter to the Tongi police station, the OC threatened them and scold them some dirty language. Still this community has not been able to able to form an association. Each and every day they are tortured by the local people.
 
 
 
4.5.2: Why the sweeper community does not interest in Public Election?:              
 
On 21 April, 2010 I had s discussion with Mr. Nirmal Chandra Das, General Secretary, Bangladesh Sweeper Yokko Parishad. He informed me that if we want to participate in any election under the Local Government; the local leaders will create obstacle at any cost, though we have a large number of voters. Mainly fear, we are not showing this audacity to participate in any general election. However, it is not the primary goal of the sweeper community; at least we want minimum dignity as a human being, from this large community and the State.
 
 
4.6: conclusion:
 
A political right of the citizen totally depends upon the will of the government, i.e. the political parties. Constitution of our country provides the rights of the every citizen but this is a mere paper tiger. In fact its application is absent. Still there are no specific laws for the sweeper community to ensure their political rights. Now it becomes necessary to enact a law for this community. It is true that the sweeper community feels proud with their jobs as they got from their parents. So why government is very much de-touched to create a position for them. India has enacted THE SCHEDULED CASTES AND THE SCHEDULED TRIBES (PREVENTION OF ATROCITIES) ACT, 1989[92]  to ensure the minimum rights of the sweeper community. In Bangladesh around 60 lacs Dalit community resides out of which around 15 lacs are Sweeper community. But this large number of this group are oppressed by the Governments and even the majority of the Muslim community, so this differenced should be removed at least by taking an initiatives to enact laws. Because, in this situation government’s initiative will work as medicine, that is, law will create as obligation to majority of the people. Certainly after few days the majority group will dignify them at least as human beings. My observation is that to uphold the constitutional and international commitment it works for the sweeper community, for the better future of this country and the 60 years of the Universal Declaration of Human Rights, 1948.
 
CHAPTER: 5
 
5.1: Human Rights Conditions of the Sweeper Community in Bangladesh:
 
BDHR is Japanese organization working with the sweeper community in Asia. It also working in Bangladesh, after a study of this organization it publishes its report; on the basis of this report, I have mentioned some points in the followings: 
 
In 2002, Bangladesh Sweepers’ Human Rights (BDHR) was established by a group of progressive Sweeper.  The overall goal of BDHR activities is to ensure the development of Sweeper communities in Bangladesh by promoting their basic human rights. The objectives of BDHR are as follows:
  Facilitate that Sweeper communities effectively communicate with government and non-government
Agencies to preserve their professional rights
  Facilitate  that Sweeper  boys  and  girls  become  skilled  manpower  by  ensuring  general  and  practical education
  Advocate and lobby the Government to improve hygienic housing facilities for Sweeper communities
  Work to ensure permanent housing/ shelter for the Sweeper
  Support Sweeper communities in practicing and developing their own language, culture and traditions 
  Create  a  positive  attitude  towards  Sweeper  in  the  public  sphere  by  raising  awareness  about  the contribution  of  Sweeper communities  in  the  social,  economical  and  environmental  development  of
Bangladesh 
  Act as a network organization for Sweeper
  Strengthen cooperation with Sweeper movements globally.
 
 
5.2:  BDHR Activities 2001-2006
 
In 2001, the late BDHR President B.G. Murthy attended the Global Sweeper Conference in New Delhi, India and shared his experience with Sweeper leaders from the region.  In 2003, BDHR focused its activities on institution building and lobby efforts to secure jobs for Sweeper as ‘professional’ sweepers at Dhaka City Corporation.  In 2004,  new  activities  were  included;  BDHR  organized  a  protest  rally  at  Shabagh,  Dhaka  and  submitted  a memorandum  to  the  Prime  Minister  of  Bangladesh  demanding  the  employment  of  Sweeper  as  professional Sweepers along with the demand of the implementation of CERD recommendations. BDHR representatives. Also participated in the World Social Forum (WSF) in Mumbai, India in 2004. In  2005,  BDHR  submitted  an  application  to  the  Mayor  of  Dhaka  City  Corporation  to  appoint  unemployed
Professional sweepers and cleaners. BDHR members also prepared a plan and a questionnaire to conduct a baseline survey among Dalit communities in Bangladesh. Finally, BDHR handed in a paper with the demand to  include  development  issues  of  Dalit  communities  in  the  Poverty  Reduction  Strategy  Paper  (PRSP)  of Bangladesh. In 2006, BDHR conducted training on Human Rights and Leadership Development for members in the organization. Representatives also participated in the 6th World Social Forum Polycentric Conference, and observed Land Day celebrations.  BDHR held an area-based community meeting in Dhaka City and organized a reception for Dalit students that had passed S.S.C. exams.
 
 
CHAPTER: 6
 
6.1: Recommendations:
 
The situation of Sweepers in Bangladesh is heavily affected by various forms of discriminatory practices in society, which the presentations by the field work clearly reflected. According to the field works, the main forms of discrimination against Sweepers in Bangladesh are experienced in the employment sector and in public places. The practice of untouchability is experienced in places like schools, markets, hotels/ restaurants and hospitals
Where Sweepers are denied the same rights as others.  One of the Sweeper community leaders pointed out that in some situations, lack of access to public places can be a first obstacle to making use of such facilities. In this connection I would like to point out some discriminatory situation in the public services. It is pertinent to mention here that the sweeper communities are depriving their desired jobs, as their jobs are not suppose to take by the other community: but this last chance of their livelihood, i.e. the sweeping jobs are taken by the other communities, who are majority in numbers. Recently the city corporation employed 100 sweepers, but no original sweeper was appointed out of the 100 sweepers. In 2009 the Food Department employed 70 sweepers, out of 70 posts only 1 original sweeper has been appointed; 69 sweepers appointed from the other community, where most of them are Muslims. Recently the Ministry of Health is going to appoint 4000 sweepers for the whole Bangladesh. The sweeper leaders are in great fear whether the original sweepers may not be appointed as in the past times. In this connection the sweeper leader trying to convey the massage that we are the original sweeper so only we are entitled to get this job absolutely. But their endeavor is not going smoothly as the leaders are not very much interested about them.
My question is that when government issued any circular for appointment it specifically mentions some quota, such as, son and daughter of the Freedom fighter, women, tribal community etc. in most of the times many posts remain vacant due to lack of quota entitled people. But in the case of sweepers many times other community takes their posts by ignoring the original sweepers. And the ultimate result, a large number of sweepers remains un-employed, which is creating social problems. Many of the young sweepers involved themselves into drug business. To remove this problems it is necessary to employed themselves into their usual works that is sweeping, otherwise this problems will create huge backlogs in this particular community. In this regard we may take into consideration the following recommendations:
 
  • Government should enact a law for prevention of casts system.
  • There should be a law for the sweeper community under the City Corporation to control their activities and job facilities.
  • To arrange a law that the sweeper community can enjoy weekly holiday.
  • To ensure the maternity leave for during the pregnancy of the women.
  • To enact a law by which they can enjoy the retirement facility after the retirement a sweeper.
  • Take initiative for creating skilled sweeper by training, which will help them to do their job properly.
  • Make it ensure that the original sweeper can get their desired jobs under the Government and non-governmental and various private sectors.
  • There is no old aged benefit for the sweeper, so make it sure that they will get the old age benefit along with other people of the society, as the Constitution ensures the equality before law.
  • City Corporation must appoint them in permanent basis by making Rules and Regulations under the City Corporation Ordinance, 2008.
  • Daily payment for daily present in their job should be increase, as are providing today.
  • Housing facility should be improved, as they are not allowed out side their area due to their jobs.
  • Arrange proper sanitation and supply of pure drinking water for their colony.
  • Set up standard schools for the children.
  • Child marriage in highly exists in their society, it should be removed by creating awareness among this community.
  •  Remove the differences between the sweeper community and the other community by taking some programs like community meetings.
  • Especially the higher judiciary that is, the High Court Division of the Supreme Court may issue rule to the Government to enact proper laws for this community to uphold their human rights.
 
If the Government and the civil society take the above mentioned programs the human rights of the sweeper community will be better. The importantly the Governments initiatives to uphold the constitutional guarantee and commitment to the international community will increase the human rights conditions of the sweeper community.
 
 
6.2: Conclusion:
               
 
The Harijons (sweeper community), a 'missing poor' community is one of the most vulnerable poverty groups in the country. They are discriminated as the lowest caste among the Hindus in the country. The major objective of this research is to explore the laws existing in our country for the sweeper community and by case studying to find out what kids of civil and political rights are existed in the life. The specific objectives of this research are to investigate into the inhuman conditions of lives and livelihoods of the Harijon community through a participatory approach. Members of the Harijon community will participate in the process of the research to reflect upon the existing realities relating to their inhuman condition of deprivation, exploitation, exclusion, and discrimination and the concomitant causes of poverty resulting out of this situation. After concluding research it can be said that the social conditions of the sweeper community has been improved little bit but a new problems has been created in this community. Presently the Muslim communities are taking possession of the sweeping jobs for this reason they are become unemployed. Here the government can save them by creating obligations to the other community, not to employ the other community in this area; as the government can create laws for the backward sections of people. At first the government has to be committed to enact laws for this community to secure their Constitutional rights and international commitment.
However, this research has not a complete one as I have completed it within three months. Apart from this I had an endeavor to take some interview with the people who are involved in law making process, but I couldn’t do this due to time frame.
At the end I must say that where the Bangladeshi people are enjoying their civil and political rights, why this community will not get it? Because they are also Bangladeshi and most importantly they are human being and they are doing the best work for us to lead our life smooth and happiness.
 
              
BIBLIOGRAPHY
 
 
  1. Assaduzzaman. A, (2001), the ‘Pariah People’ the university press limited, Dhaka.
  2. Shah Alam, M. (2007), Enforcement of international Human Rights Law by Domestic Courts, New Warsi Corporation, Dhaka.
  3. Brownlie, Ian, (2003), fifth edition, Basic Documents of the International Law, oxford University Press, London.
  4. Davidson, Scott, (1993), Human Rights, Open University Press, Philadelphia.
  5. Islam, Mahmudul, (2006), Constitutional Laws of Bangladesh, second edition, Mullik brothers,Dhaka.
  6. Kapoor, S.A,(2002), International Law and Human Rights,. Fourteenth Edition, central law agency, Allahabad.
  7. the Government of Bangladesh, the Constitution of the Peoples Republic of Bangladesh.
  8.  Uddin, Borhan, (2005), 50 years of the Universal Declaration, University Press Limited, Dhaka.
  9. City Corporation Ordinance, 2008.
  10. Dewan Akhtaruzzaman,(2008), Poverty Alleviation and Empowerment Strategy of the Harijons, Research Initiative Bangladesh.
  11. : Shamoly Majumder,(2008), Sweeper Community — An Unwritten History, research initiative Bangladesh. Dhaka.
  12. Ali, Alauddin, (20090, Self-Enquiry of the Sweepers for Improving the Standard of Lives, Research Initiatives Bangladesh.
  13. Mizanur, masud ,(2009) the daily life of the sweepers, daily Jugantor, Dhaka.
  14. Ahmed, M. (1988) ‘Shylhet_e Dhangor-der Dinkal’, in the Weekly Robber, 6th. March, 1988, Dhaka.
  15. Hyat,A.(1979) ‘Ddhangor Sampradya: Adim das Jivan’, in The Weekly Bicitra,no 10. 20th July, 1979, Dhaka.
  16. Asaduzzaman, A. (1990) The Position of Sweepers in Bangladesh, ‘Chand. Pilot’ thesis University of Bergen, Norway.
 
APPENDIX-I
 
THE SCHEDULED CASTES AND THE SCHEDULED TRIBES
(PREVENTION OF ATROCITIES) ACT, 1989
 
No. 33 OF 1989 [11th September, 1989.]
 
           An Act to prevent the commission of offences of atrocities against the members  of the Scheduled Castes and the Scheduled Tribes, to provide for Special Courts for the trial of such offences and for the relief and rehabilitation of the victims of such offences and for matters connected therewith or incidental thereto.
 
 BE it enacted by Parliament in the Fortieth Year of the Republic of India as    Follows:-
 
 
                                                 
CHAPTER     I
PRELIMINARY
 
Short title,       
   1. (1)  This Act may be called  the Scheduled Castes  and  the  Scheduled  Extent and  Tribes (Prevention of Atrocities) Act, 1989. Commence- ment.  
(2)  It  extends to  the whole of India except the State of Jammu & Kash- mir.
 
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
 
Definitions.
        
 2. (1) In this Act unless the context otherwise requires,-
 
  (a)  “atrocity” means an offence punishable under section 3;
  (b)   “Code” means the Code of Criminal Procedure, 1973 (2 of 1974);      
  (c)   “Scheduled Castes and Scheduled Tribes” shall have the mean-ings  assigned to them respectively under clause (24) and clause (25) of article 366 of the Constitution:
 
       (d)   “Special Court” means a Court of Session specified as a Special Court in section 14;
 
       (e)  “Special Public Prosecutor” means a Public Prosecutor specified as a Special Public Prosecutor or an advocate referred to in section 15;
 
       (f)    words and expressions unsed but not defined in this Act and de-fined in the Code or the Indian Penal Code (45 of 1860) shall have the meanings assigned to them respectively in the Code, or as the case may be, in the Indian Penal Code.
 
(2)   Any reference in this Act to any enactment or any provision thereof shall in relation to an area in which such enactment or such provision is not in force, be construed as a reference to the corresponding law,  if any, in force in that area.
 
 
 
                                              CHAPTER    II
                                     OFFENCES OF ATROCITIES        
 
3. (1) Whoever, not being a member of a Scheduled Caste or a Scheduled  for offences of   Tribe,- atrocities.
  (i)    forces a member of a Scheduled Caste or a Scheduled Tribe to drink or eat any inedible or obnoxious substance;
 
(ii)   acts with intent to cause injury, insult or annoyance to any member of a Scheduled Caste, or a Scheduled Tribe by dumping excreta,  waste matter, carcasses or any other obnoxious substance in his premises or neighbourhood;
  
(iii)   forcibly removes clothes from the person of a member of a Schedul-ed Caste or a Scheduled Tribe or parades him naked or with painted face or body or commits any similar act which is derogatory to human dignity;
  
(iv)  wrongfully occupies or cultivates any land owned by, or allotted to, or notified by any competent authority to be allotted to, a member of a Scheduled Caste or a Scheduled Tribe or  gets the land allotted to him transferred;
  
(v)   wrongfully dispossesses a member of  a Scheduled Caste or a Scheduled Tribe  from his land or premises or interferes with the enjoyment of his rights over any land, premises or water;
    
(vi)  compels or entices a member of a Scheduled Caste or a Scheduled Tribe to do‘begar’ or other similar forms of forced or bonded labour other than any compulsory service for public purposes imposed by Government;
  
(vii)  forces or intimidates a member of a Scheduled Caste or a Schedul-ed Tribe not to vote or to vote to a particular candidate or to vote in a manner other than that provided by law;
  
(viii)   Institutes false, malicious or vexatious suit or criminal or other legal proceedings against a member of a Scheduled Caste or a Scheduled Tribe.
 
(ix)   gives any false or frivolous information to any public servant and thereby causes such public servant to use his lawful power to the injury or annoyance of a member of a Scheduled Caste or a Scheduled Tribe;
 
(x) Intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view;
 
(xi)  Assaults or uses force to any woman belonging to a Scheduled Caste or a Scheduled Tribe with intent to dishonour or outrage her modesty;
 
(xii)  being in a position to dominate the will of a woman belonging to a Scheduled Caste or a Scheduled Tribe and uses that position to exploit her sexually to which she would not have otherwise agreed;
 
(xiii)  corrupts or fouls the water of  any spring, reservoir or any other source ordinarily used by members of the  Scheduled Castes or a Scheduled Tribes so as to render it less fit for the purpose for which it is ordinarily used;
 
(xiv)   denies a member of a Scheduled Caste or a Scheduled Tribe any customary right of passage to a place of public resort or obstructs such member so as to prevent him from using or having access to a place of public resort to which other members of public or any section thereof have a right to use or access to;
  
(xv)  forces or causes a member of a Scheduled Caste or a Scheduled Tribe to leave his house, village or other place of residence,  shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine.
 
(2)  Whoever, not being a member of a Scheduled Caste or a Scheduled 
 Tribe,-
 
(i)   gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will thereby cause, any member of a Scheduled Caste or a Scheduled Tribe to be convicted of an offence which is capital by the law for the time being in force shall be punished with imprisonment for life and with fine; and if an innocent member of Scheduled Caste or a Scheduled Tribe be convicted and executed in consequence of suchfalse or fabricated evidence, the person who gives or fabricates such false evidence, shall be punished with death;
 
(ii) gives or fabricates false evidence intending thereby to cause, or knowing it to be likely that he will thereby cause, any member of a Scheduled Caste or a Scheduled Tribeto be convicted of an offence which is not capital but punishable with imprisonment for a term of seven years or upwards, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to seven years or upwards and with fine;
 
(iii)   commits mischief by fire or any explosive substance intending to cause or knowing it to be likely that he will thereby cause damage to any property belonging to a member of a Scheduled Caste or a Scheduled Tribe, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to seven years and with fine;
 
(iv)  commits mischief by fire or any explosive substance intending to cause or knowing it to be likely that he will thereby cause destruction of any building which is ordinarily used as a place of worship or as a place for human dwelling or as a place for custody of  the property by a member of a Scheduled Caste or a Scheduled Tribe, shall be punishable with imprisonment for life and with fine;
 
(v)   commits any offence under the Indian Penal Code (45 of 1860) punishable with imprisonment for a term of ten years or more against a person or property on the ground that such person is a member of a Scheduled Caste or a Scheduled Tribe or such property belongs to such member, shall be punishable with imprisonment for life and with fine;
 
(vi)   Knowingly or having reason to believe that an offence has been committed under this Chapter, causes any evidence of   the commission of   that  offence to disappear with the intention of screening the offender from legal punishment, or with that intention gives any information respecting the offence which he knows or believes to be false, shall be punishable with the punishment provided for that offence; or
 
(vii)  being a public servant, commits any offence under this section, shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to the punishment provided for that offence.
 
Punishment       
 4.  Whoever, being a public servant but not being a member of a Scheduled for neglects   Caste or a Scheduled Tribe, wilfully neglects his duties required to be performed of duties.  By him under this Act, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to one year.
 
Enhanced        
5.  Whoever, having already been convicted of an offence under this Chapter punishment is convicted for the second offence or any   offence   subsequent   to the   second for subse- offence, shall be punishable with imprisonment for a term which shall not be less
quent convic-tion  than one year but which may extend to the punishment provided for that offence. 
 
Application      
  6.  Subject to the other provisions of this Act, the provisions   of   section 34,
of certain  Chapter III, Chapter IV, Chapter V,  Chapter VA,  Section 149  and  Chapter XXIII provisions of  of the Indian Penal Code (45 of 1860), shall, so far as may be, apply  for  the  Indian  poses of this Act as they apply for the purposes of the Indian Penal Code.
 
Forfeiture of      
  7.  (1) Where a person has been convicted of any offence  punishable under property of  this Chapter, the Special Court may, in addition to awarding  any  punishment, by certain order in writing,  declare that  any  property, movable or  immovable or  both,  be.  Longing to the person, who has been used for the commission of that offence, stand forfeited to Government.
 
              (2)  Where any person is accused of any offence under this Chapter, it shall be open to the Special Court trying him to pass an order that all or any of the properties, movable or immovable or both, belonging to him, shall, during the period of such trial ,be attached, and where such trial ends in conviction, the property so attached shall be liable to forfeiture to the extent it is required for the purpose of realization of any fine imposed under this Chapter.
 
Presumption      
   8.  In a prosecution for an offence under this Chapter, if it is proved that – as to offences.
(a)  the accused rendered any financial assistance to a person accused of,  or reasonably suspected of committing, an offence under this Chapter, the Special Court shall presume, unless the contrary is proved, that such person had abetted the offence;
 
   (b)  a group of persons committed an offence under this Chapter and if it is proved that the offence committed was a sequel to any existing dispute regard-ing land or any other matter, it shall be presumed that the offence was committed in furtherance of the common intention or in prosecution of the common object.
 
       
Conferment    
      9.   (1) notwithstanding anything contained in the Code or in any other pro- powers.vision of this Act, the State Government may, if it considers it necessary or exped-
 ient so to do, –
 
(a) for the prevention of and for coping with any offence under this Act, or
 
(b) for any case or class or group of cases under this Act, in any district or part thereof, confer, by notification in the Official Gazette, on any officer of the State Government, the powers exercisable by a police officer under the Code in such district or part thereof or, as the case may be, for such case or class or group of cases, and in particular, the powers of arrest, investigation and prosecution of persons before any Special Court.
 
           (2)  All officer of police and all other officers of Government shall assist the
Officer referred to in sub-section (1) in the execution of the provisions of this Act or any rule, scheme or order made thereunder.
 
           (3)  The provisions of the Code shall, so far as may be, apply to the exercise of the powers by an officer under sub-section (1).
 
 
CHAPTER    III
EXTERNMENT
Removal   
    10. (1) Where the Special Court is satisfied, upon a complaint, or a police re- of person port that a person is likely to commit an offence under Chapter II of this Act in likely to   any area included in ‘Scheduled Areas’ or ‘tribal areas’, as referred to in article commit   244 of the Constitution, it may, by order in writing, direct such person to remove offence.  himself beyond the limits of such area, by  such  route  and  within  such  time as          may be specified  in the order, and not to return to that area from which he was directed to  remove himself for such period, not exceeding two years, as may be specified in the order.
 
     (2)  The Special Court shall, along  with  the  order  under  sub-section (1)  communicate to the person directed under that sub-section the grounds on which such order has been made.
 
(3)  The Special Court may revoke or modify  the  order  made under sub- section (1), for the reasons to be recorded in writing, on the representation made by the person against whom such order has been made or by any other person on his behalf within thirty days from the date of the order.
 
Procedure on  
     11.  (1)  If a person to whom a direction has been issued under section 10 to  failure of per-  remove himself from any area- son to remove himself      (a) fails to remove himself as directed; or from area   and enter    (b) having so removed himself enters such area within the period speci- thereon   fied in the order, after      removal.   Otherwise than with the permission in writing of the Special Court under sub-section (2), the Special Court may cause him to be arrested and removed in police custody to such place outside such area as the Special Court may specify.
       
 
(2)  The Special Court may, by order in writing, permit any person in  res- pect of whom an order under section 10 has been made, to return to the area from which he was directed to remove himself for such temporary period and subject to such conditions as may be specified in such order and may require him to execute a bond with or without  surety for the due observation of the conditions imposed.
 
(3) The Special Court may at any time revoke any such permission.
 
(4)  Any person who, with such permission, returns to the area from which he was directed to remove himself shall observe the conditions imposed, and at the expiry of the temporary period for which he was permitted to return, or on therevocation of such permission before the expiry of such temporary period, shall remove himself outside such area and shall not return thereto within the unexpired portion specified under section 10 without a fresh permission.
 
(5)  If a person fails to observe any  of the conditions imposed or to remove himself accordingly or having so removed himself enters or returns to such area without fresh permission the  Special Court may cause him to be arrested and removed in police custody to such place outside such area as the Special Court may specify.
 Taking mea-      
 12. (1)  Every person against whom an order has been made under section surements   10 shall,  if so required by the Special Court, allow  his  measurements  and  photo-  photographs to be taken by a police officer. graphs, etc., of persons              (2)  If any person referred to in sub-section (1), when required to allow his against whom  measurements or  photographs to be taken resists or refuses to allow his taking order under  of such measurements or photographs,  it shall be lawful to use all necessary section 10 is  means to secure the taking thereof. made.
(3)   Resistance to or refusal to allow the taking of measurements or photographs undersub-section (2) shall be deemed to be an offence under section 186 of the Indian Penal Code (45 of 1860).
 
     (4)   Where an order under section 10 is revoked, all measurements and     photographs (including negatives) taken under sub-section (2) shall be destroyed or made over to the person against whom such order is made.Penalty for
        
13.  Any person contravening an order of the Special Court made under sec- non comption 10 shall be punishable with imprisonment for a term which may extend to liance of order one year and with fine. under section 10. Special     
   14.  For the purpose of providing for speedy trial, the State Government shall, Court.  With the concurrence of the Chief Justice of the High Court, by notification in   the Official Gazette, specify for each district a Court of Session to be a Special Court to try the offences under this Act. Special 
      
 15.  For every Special Court,   the State Government shall,   by notificationin   Public Pro- the Official Gazette, specifies a Public Prosecutor or appoints an advocate who has secutor.   been in practice as   an   advocate for  not less than  seven  years,  as  a  Special  Public Prosecutor for the purpose of conducting  cases in that Court.
 
 
CHAPTER     V
 
MISCELLANEOUS
 
Power of      
    16.  The provisions of section 10A of the Protection of  Civil  Rights Act, 1955 State Govern-  (22 of 1955)  shall, so  far as  may be, apply  for the purposes of  imposition and to impose realisation of collective fine and for all  other matters connecte therewith  under collective fine.  this Act. Preventive       
 
17. (1)  A District Magistrate or a Sub-divisional Magistrate or any other  Exe- action to be  cutive Magistrate or any police officer not below the rank of a Deputy Superinten- taken by   tendent of Police may, on receiving information and after such inquiry as  he may the law and    think necessary, has reason to believe that a person or a  group of  persons   not  order machi-  belonging to the Scheduled Castes or the Scheduled Tribes, residing in or fre-nery.    quenting any place within the local limits of his jurisdiction is likely to  commit an offence or has threatened to commit any offence under this Act and is of the opinion that there is sufficient  ground for proceeding, declare such an area to be
an area prone to atrocities and take necessary action for keeping the peace and  good behaviour and maintenance of public order and tranquility and may take preventive action.
 
    (2)  The provisions of Chapters VIII, X and XI of the Code shall, so far as may be, apply for the purposes of sub-section (1).
 
    (3)    The State Government may, by notification in the Official Gazette, make one or more schemes specifying the manner in which the officers referred to in sub-section  (1)  shall take appropriate action specified in such scheme or schemes to prevent atrocities and to restore the feeling of security amongst the members of the Scheduled Castes and the Scheduled Tribes. Section 438
      
 18.  Nothing in section 438 of the  Code  shall  apply in  relation  to  any case of the code  involving the   arrest  of  any  person  on an  accusation of  having  committed  an  not to apply to  offence under this Act. persons committing an offence under the Act. Section 360        
 19. The provisions of section 360 of the Code and the provisions of the Prob- of theCode  ation of Offenders Act, 1958 (20 of 1958) shall not apply to any person above the  or the Provi-    age of eighteen years who is found guilty of having committed an  offence under sions of the   this Act. Probation of Offenders Act not to apply to  persons guilty ofan offence   under the Act
20.  Save as otherwise provided in this Act, the provisions of  this   Act   shall  other laws.  have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any custom or usage or any instrument having effect by virtue of any such law. Duty of Govern- this ment to ensure  behalf,  the State Government shall take such measures as may be necessary  effective imple-  for the effective implementation of this Act. mentation of  the Act.
        
 21. (1)  Subject to such rules as the Central Government may make in    (2) In particular, and without prejudice to the generality of the foregoing provisions, such measures may include,-
 
 (i)    The provision for adequate facilities, including legal aid to the persons subjected to atrocities to enable them to avail themselves of justice:
 
(ii)   the provision for travelling and maintenance expenses to witness-es, including the victims of atrocities, during investigation and trial of offences under this Act;
 
(iii)   the provision for the economic  and social rehabilitation of the victims of the atrocities;
 
(iv)   the appointment of officers for initiating or exercising supervision over prosecutions for the contravention of the provisions of this Act;
 
 (v)    the setting up of committees at such appropriate levels as the State Government may think fit to assist that Government in formulation or implementation of such measures;
 
 (vi)  provision for a periodic survey of the working of the provisions of this Act with a view to suggesting measures for the better implementation of the provision of this Act;
 
(vii)  the identification of the areas where the members of the Schedul-ed Castes and the Scheduled Tribes are likely to be subjected to atro-cities and adoption of such measures so as to ensure safety for such members.
 
(3)  The Central Government shall take such steps as may be necessary to co-ordinate the measures taken by the State Governments under sub-section (1)
 
(4)  The Central Government shall, every year, place on the table of each House of Parliament a report on the measures taken by itself and by the State Governments in pursuance of the provisions of this section.
 
22.  No suit, prosecution or other legal proceedings shall lie against the action taken Central Government or against the State Government or any officer or authority in good faith.  of Government or any other person for anything which is in good faith done or in- tended to be done under this Act. Power to
         
23. (1) The Central government may, by notification in the Official Gazette, make rules.  Make rules for carrying out the purposes of this Act.
 
(2)  Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty dayswhich may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately follow-ng the session or the successive sessions aforesaid, both Houses agree in mak-ing any modification in the rule or both Houses agree that the rule should not be make, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
 
              
 
 
 
 
 
        
 
 
 
 
 
 
 

[1] , Daily Jugantor, Bangladesh Muzibur Rahman Masud, the Life and Days of (Dalit) Sweepers in Bangladesh, Published24-4-2006.
2, Assaduzzaman, A, the Pariah people,1st edition, University Press Limited, Dhaka(2001),p.5
 
 
 
[3] Shamoli Mujumdar, March 2008 ‘an unwritten history of sweeper community’ published by the Research Initiatives Bangladesh, p24-27.
[4] Chatterjee, M.S,1979
[5] . Bureau of Statistic, Bangladesh Government, published in 1999.
[6] , Assaduzzaman, A, the Pariah people,1st edition, University Press Limited, Dhaka(2001),p.5
7. Shamoli mujumdar, an un written history of the Sweeper community, published in 2008, page 26-29.
 
 
[8] , Assaduzzaman, A, the Pariah people,1st edition, University Press Limited, Dhaka(2001),p.5
9. Shamoli mujumdar, an un written history of the Sweeper community, published in 2008, page 26-29.
 
 
10: Dewan Akhtaruzzaman, Poverty Alleviation and Empowerment Strategy of the Harijons, published by Research initiatives Bangladesh, Dhaka 2008.
11. Assaduzzaman, A, the Pariah people, 1st edition, University Press Limited, Dhaka (2001), p5.
12..weekly Bichitra, july, 1979.
13. Shahnaz Parveen, Star city, published on: 2008-02-17.
 
 
14..General Secretary, Bangladesh Horijon Yukko Parishad & the chief cleaning supervisor, Bangladesh Biman.
15. Sri keshab Gupta Chhajju Singh v. Ghayur Ali Khan, AIR 1959 All 607, 608.
16 Jasjit Sing v. Charanjit Kumar, AIR 1995,P&H 177, 179.
17 . Burrill, L. Dic.; Rapaijie& L.L.Dict.
18 . Fletcher v. Tuttle, 42 Am. St. rep.. 220.
19 . J.E.S. Fawcett, the Law of Nations (Alien Lane, The Penguin Press, London, 1968) p.151.
20. Dr. Kapoor, International law and human rights, Central Law Agency, Lucknow, 2000, p.764.
21. Gen. Ass. Resolution 217A (111) of 10, December, 1948: Gen. Ass. Official Records, Third Session, part I, Resolution (U.N. Dec. A/810). Pp. 71-77.
22 . The eight abstentions were: Byelorussian, SSR, Czechoslovakia, Poland, Saudi Arabia, South Africa, Ukrainian SSR, USSR and Yugoslavia.
23.Article 3.
24 Article 4.
25 Article 5.
26 Article 6.
27 Article 7.
28 Article 8.
29  Article 9.
30 Article 10.
31  Article 11, Para 1.
32 Article 12.
33 Article 16, Para 1
34 Article 17.
35Article 21, Para 2.
36 Article 11, Para2.
37 Article 13, Para 1.
38 Article 13, Para 2.
39 Article 14.
40Article 15, Para 1.
41Article 15, Para 2.
42Article 18.
43 Article 19.
45 Article 20.
46 Article 21, Para 2.
47.Preamble of the constitution of the People’s Republic of Bangladesh, Para, 3.
48. Article, 27, of the constitution of Bangladesh.
49 Article, 28(1).
50 Article 28(2).
51 Article, 28(3).
52 Article, 29(20.
53 Article, 29 (3) (a).
54 Article, 31.
55Article32.
56 Article, 33(1).
57 Article 34(10.
58 Article 37,
59 Article 41.
60Article 42(10.
61 Article 27 of the Constitution of the Peoples Republic of the Bangladesh.
62 The Law Lexicon, second edition, 2006, Wadhwa Nagpur, India
63 Jasjit Sing v. Charanjit Kumar, AIR 1995, P&H 177, 179.
64 P.C., Cunningham v. Tommy Homma [1903] AC 151.
65 . J.E.S. Fawcett, the Law of Nations (Alien Lane, The Penguin Press, London, 1968) p.151.
66.  Dr. Kapoor, International law and human rights, Central Law Agency, Lucknow, 2000, p.764.
67. Gen. Ass. Resolution 217A (111) of 10, December, 1948: Gen. Ass. Official Records, Third Session, part I, Resolution (U.N. Dec. A/810). Pp. 71-77.
68. The eight abstentions were: Byelorussian, SSR, Czechoslovakia, Poland, Saudi Arabia, South Africa, Ukrainian SSR, USSR and Yugoslavia.
69Article 11, Para2.
70 Article 13, Para 1.
71Article 13, Para 2.
72Article 14.
73Article 15, Para 1.
74 Article 15, Para 2.
75 Article 18.
76 Article 19.
77 Article 20.
78 Article 21, Para 2.
79 Article 19, ICCPR, 1966.
80Article 21, ICCPR, 1966.
81 Article 22(1), ICCPR, 1966.
82Article 42, ICCPR, 1966.
83 Full Report, Consultative Meeting on the situation of Dalits in Bangladesh 18 October 2006 Dhaka, Bangladesh.
 84Preamble of the constitution of the People’s Republic of Bangladesh, Para, 3.
 
 
 
 
 
 
85Article 37 of the Bangladesh Constitution.
86Article 38 of the Bangladesh Constitution.
[85] Article 39(1) of the Bangladesh Constitution.
[86] Article 40 of the Bangladesh Constitution.
[87] See Appendix, I.
[88] Suppression of Oppression to the women and Children Act,2000.
[89] The City Corporation Ordinance, 2008.
[90] Ibid, previous page.
[91] Ibid.
[92] See Appendix, I.