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Tuesday, March 24, 2009

Remembering supports and efforts in 1971

Photo: W.A.S. Ouderland, BP
RIPAN KUMAR BISWAS

W.A.S. Ouderland, Bir Protik (4th highest gallantry award in Bangladesh), who was actually a Dutch citizen and was posted as the CEO of Bata operation in the then East Pakistan on the eve of the War of Liberation in Bangladesh, never thought that he would train and assist the freedom fighters to create an independent Bangladesh rather putting his attention to increase the volume of sales of his company.

The mass killings in Bangladesh (then East Pakistan) in 1971 vie with the annihilation of the Soviet Prisoners of War or the genocide in Rwanda as the most concentrated act of genocide in the twentieth century. In an attempt to crush forces seeking independence for East Pakistan, the West Pakistani military regime unleashed a systematic campaign of mass murder which aimed at killing millions of Bengalis, and likely succeeded in doing so. The human death toll over only 267 days was incredible compare to other worst genocides of the World War II era. The Pakistani army and allied paramilitary groups killed about one out of every sixty-one people in Pakistan overall; one out of every twenty-five Bengalis, Hindus, and others in East Pakistan. Rape, abduction, and forcible prostitution during the nine-month war proved to be only the first round of humiliation for the Bengali women.

Today people of Bangladesh feel satisfied and contended as they can freely move around in the country without questioning or imposing any kinds of restrictions on them. But this satisfaction is due to the efforts taken by the freedom fighters to free the country from the authoritarian Pakistani rule. Freedom fighters gallantly fought with the enemies to free the country. The indomitable courage and commitment of freedom fighters helped to imbue Bangladesh as an independent nation.

Although freedom fighter" is a term for those, who engaged in an armed struggle, the main cause of which is to achieve, in their or their supporters' view, freedom for themselves or obtain freedom for others, but during the liberation war in Bangladesh, people from every part of the society took part in the war in a various way with or without arms as the liberation war and the independence was not an act of a single person or event and there was hardly any family who did not lose something in the war. The total number of freedom fighters during Bangladesh War of Liberation was not recorded anywhere, but according to the Bangladesh government in exile, the total number of freedom fighters was 105,000, which includes members of 11 sectors, Mujib Bahini, Kader Bahini, and Hemeyet Bahini while the present Minister of State for Liberation War Affairs A.B. Tajul Islam confirmed that in all 210,581 freedom fighters joined the liberation war.

The Bangladesh liberation war witnessed widespread atrocities committed mainly on the Bengali population of East Pakistan, at a level that Bangladeshis maintain is one of the worst genocides in history. Difference in religious standpoints in the then East and West Pakistan, economic exploitation towards East Pakistan, conspiracy to uproot Bengali language and nationalism, impact of cyclone in East Pakistan in 1970, dominating political attitude by West Pakistani leaders, military preparation in East Pakistan, Bangobondhu's speech of March 7, and finally the mass killing of March 25, apparently triggered the independence war in Bangladesh.

Every Bangladeshi in the then time was expected to involve in the war. A man fighting for his own country, no doubt, is an act of rare bravery, but it becomes unusual when an alien fighting side by side with the sons of the soil.

People, who were not in the course of such sufferings and were foreign nationals during the liberation war in Bangladesh, but felt the acute need to make the world aware of the extent of genocide and took part directly or indirectly in the war, are really highly respected and deserve heartiest gratitude. Brutal repression and occupation of unarmed Bangladeshis by the Pakistani occupation army reminded Ouderland of the similar brutalities perpetrated by the Nazis in occupied Europe. He was not the only one, who fully appreciated the legitimacy of Bangladeshi resistance against the brute forces of occupation, but there were several others, who felt the same ideology and directly or indirectly took part in the war. As the War progressed, Ouderland secretly began to train and assist local youths around the city of Dhaka in the art of guerilla resistance.

Although Ouderland was the only foreign national to have been honored with gallantry award “Bir Pratik” for his outstanding contribution to the war of liberation, but there were thousands of foreign nationals who had supported Bangladesh in many form and fashion during liberation war. They had raised funds, made posters, flyers, joined in rallies, wrote articles, raised awareness, and sang songs. They also gave shelters and words of comfort to those individuals who had disowned their nationality from Pakistan and had no country to call their own for nine months. These individuals did what they could out of their loves for humanities and had shown their utmost disgust against the inhuman atrocities and genocide against the people of Bangladesh.

George Harrison brought the attention of the world to what was happening in Bangladesh during the independence war through his concert in New York in 1971. Without his effort, much of the suffering endured by the Bangladeshi people at the time would have gone unnoticed. His concert for Bangladesh raised money for war-affected people with performances by Eric Clapton, Ringo Starr, Billy Preston, and Bob Dylan. On the other hand, Senator Ted Kennedy (MA-D) bravely exposed the plight of millions of Bangladeshi refugees in India during the liberation war. As a chairman of the then US senate's refugee committee, Kennedy tried to persuade the US to allocate funds for the Bangladeshi refugees in India.

With unprecedented support of India, it became easier to the local heroes to form an independent Bangladesh. The then Indian Government led by Prime Minister Indira Gandhi provided shelter, food, clothing, and medical aid for 10 million refugees. They helped freedom fighters with training, arms, and ammunitions, campaigned for release of Bangabondhu Sheikh Mujibur Rahman and mobilized international public opinion in favor of independence of Bangladesh. According to the former chief of the Indian army’s eastern command Lt Gen (retd) JFR Jacob, 1400 Indian troops were killed and 4000 wounded during the Liberation War of Bangladesh.

To become the world’s 139th independent nation, Bangladesh suffered a genocide perpetrated by Pakistani Army and their allies. While millions of Bangladeshis are celebrating the country’s 39th Independence Day, they are remembering the supreme sacrifices and gallantry of the country’s bravest and enlightened people. But people who were not part of Bangladesh and not even the part of sufferings, but put their lives, emotions, and supports along with general people to form a independent Bangladesh, deserve the recognition out of decency, out of moral obligation, and out of gratitude as the people of Bangladesh owe this to them. #

March 24, 2009, New York

Ripan Kumar Biswas is a freelance writer based in New York. The writer could be reached at:
Ripan.Biswas@yahoo.com

1 comment:

  1. SUB : AN APPEAL FOR JUSTICE TO PROTECT FROM OPPRESSIVE LAWS

    Dear Sir,
    From 1972 after independent, Bangladesh Nationals started to set up small scale Industries investing family resources ,using Innovative Technology as self earner so as to produce daily necessities and to achieve economic freedom & for creation of jobs for millions of unemployed
    Government also started to help these fast growing PRIVATE SECTOR INDUSTRIES AS IMPORT SUBSITUTES and for EXPORT having fund from International Loan Giving Agencies and are distributed through different Banks from 1979
    But the Owners of these Industries became helpless victims of continuous harassment, willful negligence’s, malice activities anti propaganda including fraudulent activities of Bank Officials due to lack of any effective laws to protect the owner of Private Industries till date
    The Bank officials failed to fixed up production capacity of imported machineries, to provide minimum required working capital in. time and all these have been done willfully and in pre planed way to jeopardize the Government Industrial Policy as well to terrorize the Owners of Industries of Private Sector finally to occupy the mortgage properties of the owner of the Industries of Private Sector. As a result Thousands of Industries have been destroyed by Bank Officials.
    Over and above due to illiteracy, ignorance and extreme poverty of vast majority of Bangladesh Citizens Bank Officials managing the concern authority enacted black / oppressive laws to hide out their offences denying the right of Owner of Industries.
    Now in Bangladesh due to such laws the Courts are compelled to protect the offences of Bank Officials openly. .
    This is another type Conspiracy to damaged or tarnish the image of Judiciary for creating uncertainty and total insecurity in the society .
    Most of the Industries have became in-operatives and have lost their cash capitals, growth rate , and expatriate capabilities and became helpless victims of oppressive/ black laws due to absence of minimum accountability and laws to protect the owners of industries.

    In 1992 & 1996 Government of Bangladesh identified and registered many Industries as SICK INDUSTRIES declaring not as Defaulter of Bank Loan but victims of Violation of Contract , Negligence , Fraudulent Activities or Malpractices of Bank Officials. due to Lack of Accountability. Which are no more a hidden matter.
    THE HELPLESS OWNERS OF INDUSTRIES ARE LOOKING FOR JUSTICE, BUT THE DOOR OF JUSTICE ARE TOTALLY CLOSED due to enactment of ARTHA RIN ADALAT ACT ( Bank Loan Recovery Act ) on 1989 which were amended on 2003 and 2007
    And Bankruptcy Acts of 1997 depriving the Owners of Industries from not only basic right but also from fair justice like those of Colonial Period WHEN THE HANDS OF THE PRODUCER AND TECHNICIAN OF MOSLIN FABRICS ( which were only produced in Bengal of undivided INDIA) were cut down to stop production of Finest Fabrics by Bengali Technicians and Producer.

    It is heard out of Total of outstanding defaulted Bank Loans, about 60 to 70 % are lying with Nationalized / State Sector and less then 10 % are lying with Small and Medium sized Industries of Private Sector . And Bank Official can explain well about the remaining of the Loan Amount.

    THE LAW OF TORTS IS MOST COMMON LAW. BUT SURPRISINGLY APPLICATION OF THE SAME ARE NOT ALLOWED IN BANGLADESH YET.

    Due to which BANGLADESH HAS BECOME A HEAVEN FOR REPRESSION / EXPLOITATION forcing the process of increasing Poverty level in geometric rate , helping the process of Lawlessness , Social Restlessness , Insecurity for life and Properties of citizen which are at increasing rate now a days .
    The Owners of Industries of Private Sector can not claim any set – off or compensation on the suit filed by BANK & OTHER THE LOAN GIVING AGENCIES for Loan Recovery under Artha. Rin Act for the above offences .like violation of contract, negligence, malpractices and fraudulent activities.
    AS A RESULT NUMBER OF SICK / DISTRESSED INDUSTRIES are increasing in every year due to lack of accountability of Bank Officials. And other lending agencies .




    BANKS or OTHER LOAN GIVING AGENCIES HAVE BEEN ALLOWED TOTAL INDEMNITY OF LAW for violation of contract , negligence, fraudulent activities and malpractices , . These have been done to hide out existing high profile malpractices and corruptions as per opinion of Expert Personals.
    The Owner of Industries of Private Sector have no Legal Right to protect themselves from the oppression of Bank Officials and lending agencies which are now known to all , no more a hidden matter ,rather a part of the on going conspiracy to destroy the piece , security including individuals life and properties. .
    Although in neighboring countries Like INDIA there are “ DEBT RECOVERY TRIBUNALS (DRT)”FOR LOAN RECOVERY where the Owner of Industries or Borrowers are allowed to claim Set off or claim compensation in same suit as filed by the Banks or Loan Giving Agencies or can run compensation suit simultaneously also.
    But in BANGLADESH Owner of Industries or Other Borrowers of Bank Money or other lending agencies are completely deprived of any of such opportunity rather with provisions to hide out malpractices , violation of contract , negligence and fraudulent activities of Bank Officials & loan giving agencies have been given TOTAL INDEMNITY OR LICIENCE FOR UNENDING CORRUPTION OR MAL PRACTICES or Violation of Contracts & negligence with vested interest
    And Owner of Industries or Borrowers of Bank loans are completely deprived of any type of JUSCTICE
    Common people are also facing another type of repression UNDER CERTIFICATE CASE for realization of Government Taxes . small loan of farmers , weavers etc ,
    Industrial Entrepreneurs can only file separate suit for compensation in a separate Civil Court which will be a matter of life long litigation with of no result due to absence of TORT LAW
    As per Artha Rin Act nothing can be raised against the Order or Decree of Artha Rin Court to Higher Court without Payment of 50 % of the suit value or Decretal Amount as such no one can go for appeal to the higher court

    The door of justice as a whole are closed denying the Legal right of Owners of Industries. as per Sections 12, 12 ( kha) , 18(2) & (3),19, 20,21,33, 34,40,41,42,44, 47 and 50 of Artha Rin Act.
    The above mentioned Section of Arthan Rin Act are conflicting with ARTICLE 8, 15, 26, AND 27 of BANGLADESH CONSTITUTION AND THE GOVERNMENT INDUSTRIAL POLICY AS ADOPTED TIME TO TIME & major obstruction for democratic process & may encourage to force Citizen to frustration . Shall help Wrong Doer also .
    Now there are no other alternative way or remedies , but to draw the attention of concern Authority of Bangladesh Government including PATRIOT POLITICALL EADER, CIVIL SERVANT, INTELLECTUAL PERSONS, LEADER OF CIVIL SOCIETY AS WELL AS INTERNATIONAL COMMUNITY TO VERYFY the above laws and help for restoring EQUAL RIGHT for JUSTICE . and to help and Protect the Owner of Industries including Workers, Staffs of Industries who are already in Distressed Condition due to lapses of Policy Maker an Bank Officials and of the Oppressive / Black Laws .
    And to help just to restore the accountability in all organizations including BANKS other Loan Giving Agencies etc for the greater Interest of Nations.
    We would also request to kindly Circulate this appeal among Honorable Members , Partners of your organizations or in your News Bulletins and in Printed or Electronic News Media for Transmission this appeal among all organizations working for suffering peoples and to come forward to PREVENT LEGAL ABUSE and OPPRESSIVE LAWS and also to consider the followings :

    1-. Humble Appeal before the Government of Bangladesh to amend the above laws allowing Owners of Industries to claim SET OFF or COMPENSATIONS for Negligence , Violation of Contract , Fraudulent or Malice Activities in the same suit filed by Bank or loan giving agencies as of the similar provision of DRT ( DEBT RECOVERY TRIBUNALS ) OF INDIA

    2- Considering the heavy Loss / Damages of Government Registered & Identified SICK INDUSTRIES of 1992 & 1996 may of kindly be granted 100 % weaver of all types of Bank Loan closing all Pending Suits for recovery of Loan unconditionally .





    3- The Existing System of Mortgage of Landed Properties as security / co lateral securities need to be completely abolished to stop ever growing corruption , malpractices and fraudulent activities which exist in Banking Sector and are much Proven Facts for the greater interest. of the Nation .

    4- All pending Suits in Atrha Rin Court may kindly be transferred to Civil Commercial Court abolishing Sections 12, 12( kha) , 18(2) & 18(3), 19,20,21,33, 34,40,41,42,44,47 and 50 of Artha Rin Acts including Sections 28 ( Kha) of Banking Company Act Creating Democratic Opportunities similar to DEBT RECOVERY TRIBUNAL S ( DRT ) of INDIA for the end of JUSTICE or may be include compulsory arbitration law for finding the malpractices, negligence and to fixed up the responsibilities.

    5- And to take immediate steps to abolish the system of CERTIFICASE CASE which are nothing but
    abuse of LAW and worst one like that of COLONIAL RULE .

    6- And such laws are compelling the judiciaries to protect& help - the offenders or wrong doer openly.

    Suffering Groups of Owners of Industries of Bangladesh.

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