The new definition of the 1971 War of Independence and freedom fighters has triggered widespread criticism, with the Yunus-led interim government providing special concessions to war criminal Jamaat-e-Islami and undermining Father of the Nation Bangabandhu Sheikh Mujibur Rahman.
The government also removed the name of Bangabandhu from the preamble and the definition of freedom fighters, where he had been mentioned as the key inspiration.
The ordinance was issued by the Law Ministry, which is headed by adviser and Dhaka University teacher, Dr Asif Nazrulโa pro-Pakistani element serving Islamists and militant groupsโon Tuesday night after revising the National Freedom Fighters Council (JAMUKA) Act-2022.
In the revised law, a new term, โassociates of the Liberation War,โ has been added.
As per the new definition, the civilians who actively took part in the war directly, the members of the Mujibnagar Government and various armed wings, the war heroines (Biranganas) and doctors and nurses are freedom fighters.
The new definition recognises all but the Mujib Bahini from the previous list. The others are the armed forces, East Pakistan Rifles (EPR), Police Force, Mukti Bahini, the Mujibnagar Government and other forces recognised by it, Naval Commandos, Kilo Force, and Ansar members.
As per the new definition, the civilians who actively took part in the war directly and members of various forces, the war heroines (Biranganas) and doctors and nurses are freedom fighters.
Others who supported the war at home and abroad but did not take arms, including the Mujibnagar Government officers and employees, will be regarded as associates.
An ambiguity has been created due to the simultaneous reading of two different definitions. Although the “Mujibnagar Government” members, including Bangabandhu, Syed Nazrul Islam, and Tajuddin Ahmed, are freedom fighters, the new definition categorises all MNAs (Member of National Assembly) or MPAs (Member of Provincial Assembly), who were later considered as Members of the Constituent Assembly, as associates.
The freedom fighter status of pro-liberation artists of the Swadhin Bangla Betar Kendra, journalists, and footballers has also been revoked.
Bangabandhu proclaimed the independence of Bangladesh before his arrest in the early hours of March 26. Three weeks ago, he declared independence indirectly from the rally at the Suhrawardy Udyan on March 7. The Mujibnagar Government took an oath on April 17, and most of its members were in India during the war.
Constitution expert Dr Shahdeen Malik said that by redefining the freedom fighters, the government has downplayed their role in the Liberation War. “The ordinance has created questions and disputes in society.
“Since it’s a temporary law, it shouldn’t have been issued now. The next parliament will have to pass it.”
Biharis speared!
The new definition contains the names of the auxiliary forces and collaborators of the Pakistan Army, including the Peace Committee, Razakar, al-Badr, al-Shams, the then Muslim League, Jamaat-e-Islami, and Nezam-e-Islam.
Here, the government has removed the name of Mujahid Bahini, which comprised members of the Bihari community.
Rehabilitation of the defeated forces
The ordinance comes only a week after Jamaat leader and convicted war criminal ATM Azharul Islam was acquitted by the Supreme Court and subsequently released from prison.
Meanwhile, the government has banned the political activities of the Awami League, suspended its party registration, pressed charges against former prime minister and Awami League President Sheikh Hasina at the International Crimes Tribunal, which was set up to try the 1971 war criminals, and reinstated the registration of Jamaat with the Election Commission.
There are 208,050 registered freedom fighters in the country. Of them, only 91,998 are alive. Now the list of freedom fighters will be scrutinised in light of the definition.
Since August, the interim government has been criticised for neglecting the Liberation War, destroying the war museums, symbols and sculptures, and defaming Bangabandhu and freedom fighters.
In an interview soon after taking oath, Chief Adviser Muhammad Yunus said that they had pressed the reset button and would rewrite history.
Since then, the names of Bangabandhu, Sheikh Hasina, and veteran freedom fighters have been removed from textbooks and establishments across the country. Latest, the Bangladesh Bank released new currency notes removing Bangabandhuโs image.
Awami League President Sheikh Hasina, other top leaders, war crimes trial campaigners and the pro-liberation people think that the defeated forces of the 1971 War of Independence are now taking revenge, with the help of the interim government.
They allege that the Yunus-led government is patronised by their Western masters and the Pakistani intelligence. They forced the Awami League government to quit on August 5 through an anarchist movement, using armed militants and trained students.
Govt clarifies
Amid severe criticism, Liberation War Affairs Adviser Farooq-e-Azam on Wednesday said that the new ordinance will consider Sheikh Mujibur Rahman and four national leaders as โheroic freedom fightersโ.
โAll members of the Mujibnagar Government are freedom fighters. No one has been canceled through this ordinance.โ
However, the officials and employees of the government will be considered as associates. While verifying the list of freedom fighters, it was seen that some employees of the Mujibnagar Government are considered freedom fighters. From now on, they will be associates of the Liberation War.
He also said that diplomats, including the Swadhin Bangla Betar Kendra, are associate freedom fighters. โAssociate does not mean that their honour has been tarnished.โ
He alleged that a debate is being created over the new definition of a brave freedom fighter, which is clearly mentioned in the ordinance.
The adviser said: โThe definition of a freedom fighter was implemented in 1972. It was changed in 2018 and 2022. The honour, dignity, and privileges of both freedom fighters and collaborators of the Liberation War will remain the same.โ