Kazi Reazul Hoque, Chairman of the National Human Rights Commission (NHRC), talks to Nahela Nowshin of The Daily Star about the recent attacks on minorities around the country, the new draft law for child marriage and other rights issues. 

The lack of access to justice is one of the overriding challenges in ensuring the fundamental rights of the citizen. Some of the factors are loopholes in the legal system, its cumbersome and complex nature and high costs. What is the potential for reform in the justice system in the current landscape?

Equality before law, of all religions, races, castes, sexes, etc., is enshrined in the Constitution of the People's Republic of Bangladesh. Article 28(4) of the Constitution, in particular, states that nothing shall prevent the state from making special provisions for the betterment of women, children and other marginalised communities. We already have such laws in place but they are not implemented effectively. So there is ample space for reform upon further scrutiny.

Recently, we witnessed vicious communal attacks on the Hindu community in Nasirnagar and the Santal community in Gaibandha. What is the way forward to ensure that the rights of these minorities aren't further infringed upon?

Our team who went and spoke to locals in Nasirnagar observed that the attacks on the Hindu temples were orchestrated and people were purposefully instigated into vandalising structures. Needless to say, local law enforcement officials had a key role and a burden of responsibility in anticipating and containing such an escalating situation. They failed to do so. Because of their carelessness, even Hindu families were brutally attacked and their personal property destroyed. 

The way in which members of the Santal community—who went in to stop some locals from cutting sugarcane—were driven out by the administration and influentials of the area, was illegal. More important than how the Santals entered the piece of land is how they were forced out by violent means. The collusion of law enforcement officials, in particular, with local leaders in abusing the Santals is actually a criminal offence.

"We have to remember that human rights constitute the right to life, right to liberty, right to equality and right to dignity of a person. Cases of involuntary disappearance simply trample upon these basic rights."

There is hope since the High Court has delivered some verdicts such as allowing Santals to harvest their paddy and for [Rangpur Sugar] mill authorities to give Santals their paddy after it has been sowed. 

In the case of Nasirnagar, the OC who was on duty was removed and prompt action was taken against those found guilty. This is a positive sign. If we can continue the process of holding perpetrators accountable for their actions, then we can ensure these minorities protection of their constitutional rights.  

You have been quite vocal about the provision in the proposed Child Marriage Restraint Act which allows marriage of under-18 girls under special circumstances. 

We held consultation meetings with various stakeholders and submitted a draft based on our findings to the Ministry of Women and Children Affairs. We clearly stated that the marriageable age of girls cannot be brought down under 18 under any circumstance. Any deviation from the minimum legal marriageable ages of 18 and 21 for girls and boys respectively may be considered a violation of the rights of children. 

For the state, child marriage is a blot of shame for human rights. A girl child has the right to a full-fledged education, to enjoy all the joys of childhood, and the protection of her parents. Child marriage leads to the deprivation of those rights. The rate of child marriage in the country was at 66 percent and we were able to bring it down to 42 percent. The marriageable age of girls then was 18 too. All the progress we have made might be in vain if this new provision, that allows for exceptions of girls under 18 to be married at the request of parents, is not removed. I request the concerned authorities and lawmakers to review the proposed draft.

Rights groups, activists and the media have been fighting for justice for families of victims of enforced disappearance. These cases remain unsolved and are quite disturbing in that they create a climate of fear and uncertainty.  

We have to remember that human rights constitute the right to life, right to liberty, right to equality and right to dignity of a person. Cases of involuntary disappearance simply trample upon these basic rights. At the end of the day, it is the state's responsibility to ensure that people's constitutional rights are protected and laws are properly implemented so that they act as a deterrent against such crimes.