Proclamation of Bangladeshi Independence

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Proclamation of Bangladeshi Independence
বাংলাদেশের স্বাধীনতার ঘোষণাপত্র
Proclamation of Bangladeshi Independence.jpg
Created26 March 1971
Ratified 10 April 1971
Location Liberation War Museum
Sher-e-Bangla Nagar, Dhaka, Bangladesh
Author(s)1st Declaration by Sheikh Mujibur Rahman or by a technician of East Pakistan radio on behalf of Sheikh Mujibur Rahman [1]
2nd Declaration by Provisional Government of Bangladesh
Signatories Constituent Assembly of Bangladesh
PurposeTo announce and explain separation from Pakistan
The first Bangladeshi flag used during the Liberation War Flag of Bangladesh (1971).svg
The first Bangladeshi flag used during the Liberation War

The independence of Bangladesh was declared on 26 March 1971, at the onset of the Bangladesh Liberation War by Sheikh Mujibur Rahman; [lower-alpha 1] the following day Major Ziaur Rahman declared independence on behalf of Sheikh Mujibur Rahman from Swadhin Bangla Betar Kendra radio station in Kalurghat, Chattogram. [lower-alpha 2] On 10 April, the Provisional Government of Bangladesh issued a proclamation on the basis of the previous declaration and established an interim constitution for the independence movement. [9]

Contents

First declarations

In the first general election in Pakistan, in December 1970, the Awami League (AL) won nearly every seat representing East Pakistan. That gave them an absolute majority in the National Assembly. [10] President Yahya Khan, however, kept them from taking power by postponing the convening of the assembly indefinitely. [11] Tensions mounted; by early March 1971, there was broad support in East Pakistan for independence, but the AL leadership thought ongoing negotiations with Yahya Khan might still reach a solution short of secession. [12] Yahya Khan spun out talks with the AL through 25 March, on the night of which he unleashed a military crackdown. [13]

In the evening of 25 March, Sheikh Mujibur Rahman, leader of the AL, convened a meeting of senior Bengali nationalist leaders, including Tajuddin Ahmad and Colonel M A G Osmani, at his residence in Dhanmondi. They were briefed by Bengali insiders within the military of an impending crackdown. They implored Mujib to declare independence but Mujib declined to do because he wanted independence in a bloodless systematic manner. Tajuddin Ahmed even brought all the recording instruments but had failed to convince Mujib to record independence declaration. Rather, Mujib ordered all the high ups to flee to India. However, Mujib decided to remain in Dhaka in hope of coming to a negotiated compromise with West Pakistan in becoming the Prime Minister of the whole Pakistan then it would have been easier to gain independence then. [14]

On the night of 25 March, the Pakistan Armed Forces launched Operation Searchlight in the capital of East Pakistan. Tanks rolled out on the streets of Dhaka. [15] The troops were said to have massacred students and intellectuals in Dhaka University, as well as many civilians in other parts of the city. [16] It set major cities ablaze and crushed resistance from the police and the East Pakistan Rifles.

At at 12.20 am on 26 March from his house at Dhanmondi, [17] [8] Sheikh Mujibur Rahman sent a message about attacks on EPR and police barracks in Dhaka, and declared the independence of Bangladesh through a telegram. The telegram was sent to Chittagong, where AL leader M. A. Hannan and Major Ziaur Rahman of the East Bengal Regiment broadcast the message on radio on behalf of Mujib. The declaration of independence was widely reported in newspapers around the world. [18] As per the sixth schedule of the Constitution of Bangladesh, the text of Mujib's telegram stated the following.

This may be my last message, from today Bangladesh is independent. I call upon the people of Bangladesh wherever you might be and with whatever you have, to resist the army of occupation to the last. Your fight must go on until the last soldier of the Pakistan occupation army is expelled from the soil of Bangladesh and final victory is achieved. [19]

Mujib's telegram was widely reported on radio on 26 March 1971. M. A. Hannan, secretary of the AL in Chittagong, read out the statement in Bengali at 2.30 pm and 7.40 pm from a radio station in Chittagong. The text of the Hannan's broadcast stated the following.

Today Bangladesh is a sovereign and independent country. On Thursday night [March 25, 1971], West Pakistan armed forces suddenly attacked the police barracks at Razarbagh and the EPR headquarters at Pilkhana in Dhaka. Many innocent and unarmed have been killed in Dhaka city and other places of Bangladesh. Violent clashes between EPR and police on the one hand and the Armed Forces of Pakistan on the other are going on. The Bengalis are fighting the enemy with great courage for an independent Bangladesh. May Allah aid us in our fight for freedom. Joy Bangla. [20]

On 27 March 1971, Major Ziaur Rahman broadcast Mujib's message in English which was drafted by Abul Kashem Khan. [21] Zia's message stated the following.

This is Swadhin Bangla Betar Kendra. I, Major Ziaur Rahman, on behalf of Bangabandhu Sheikh Mujibur Rahman, hereby declare that the independent People's Republic of Bangladesh has been established. I call upon all Bengalis to rise against the attack by the West Pakistani Army. We shall fight to the last to free our motherland. By the grace of Allah, victory is ours. [22]

On 10 April 1971, the Provisional Government of Bangladesh issued the Proclamation of Independence which confirmed Mujib's original declaration of independence. The proclamation also included the term Bangabandhu for the first time in a legal instrument. The proclamation stated the following.

Bangabandhu Sheikh Mujibur Rahman, the undisputed leader of the 75 million people of Bangladesh, in due fulfillment of the legitimate right of self-determination of the people of Bangladesh, duly made a declaration of independence at Dacca on 26 March 1971, and urged the people of Bangladesh to defend the honour and integrity of Bangladesh. [23]

According to A K Khandker, who served as Deputy Chief of Staff of the Bangladesh Armed Forces during the Liberation War; Sheikh Mujib avoided a radio broadcast fearing that, it might be used as evidence of treason by the Pakistani military against him during his trial. This view is also supported in a book written by the daughter of Tajuddin Ahmed. [24] [1]

Constituent Assembly

On 10 April 1971, the Provisional Government of Bangladesh was formed in Mujibnagar. It converted the elected Bengali members of the national and provincial assemblies of Pakistan into the Constituent Assembly of Bangladesh. The constituent assembly issued a second proclamation of independence, which also served as the fundamental law of Bangladesh until the adoption of the constitution in 1972. This proclamation was drafted by Barrister M Amir-ul Islam and reviewed by Indian Barrister Subrata Roy Chowdhury. [25] The text is given in the following:- [23]

Declaration by the Constituent Assembly
PROCLAMATION OF INDEPENDENCE
Mujibnagar, Bangladesh
Dated 10th day of April 1971.

Whereas free elections were held in Bangladesh from 7 December 1970 to 17 January 1971, to elect representatives for the purpose of framing a Constitution,

AND

Whereas at these elections the people of Bangladesh elected 167 out of 169 representatives belonging to the Awami League,

AND

Whereas General Yahya Khan summoned the elected representatives of the people to meet on 3 March 1971, for the purpose of framing a Constitution,

AND

Whereas the Assembly so summoned was arbitrarily and illegally postponed for indefinite period,

AND

Whereas instead of fulfilling their promise and while still conferring with the representatives of the people of Bangladesh, Pakistan authorities declared an unjust and treacherous war,

AND

Whereas in the facts and circumstances of such treacherous conduct Bangabandhu Sheikh Mujibur Rahman, the undisputed leader of the 75 million people of Bangladesh, in due fulfillment of the legitimate right of self-determination of the people of Bangladesh, duly made a declaration of independence at Dacca on 26 March 1971, and urged the people of Bangladesh to defend the honour and integrity of Bangladesh,

AND

Whereas in the conduct of a ruthless and savage war the Pakistani authorities committed and are still continuously committing numerous acts of genocide and unprecedented tortures, amongst others on the civilian and unarmed people of Bangladesh,

AND

Whereas the Pakistan Government by levying an unjust war and committing genocide and by other repressive measures made it impossible for the elected representatives of the people of Bangladesh to meet and frame a Constitution, and give to themselves a Government,

AND

Whereas the people of Bangladesh by their heroism, bravery and revolutionary fervour have established effective control over the territories of Bangladesh,

We the elected representatives of the people of Bangladesh, as honour bound by the mandate given to us by the people of Bangladesh whose will is supreme duly constituted ourselves into a Constituent Assembly, and

having held mutual consultations, and

in order to ensure for the people of Bangladesh equality, human dignity and social justice,

declare and constitute Bangladesh to be sovereign People's Republic and thereby confirm the declaration of independence already made by Bangabandhu Sheikh Mujibur Rahman, and

do hereby affirm and resolve that till such time as a Constitution is framed, Bangabandhu Sheikh Mujibur Rahman shall be the President of the Republic and that Syed Nazrul Islam shall be the Vice President of the Republic, and

that the President shall be the Supreme Commander of all the Armed Forces of the Republic,

shall exercise all the Executive and Legislative powers of the Republic including the power to grant pardon,

shall have the power to appoint a Prime Minister and such other Ministers as he considers necessary,

shall have the power to levy taxes and expend monies,

shall have the power to summon and adjourn the Constituent Assembly, and

do all other things that may be necessary to give to the people of Bangladesh an orderly and just Government,

We the elected representatives of the people of Bangladesh do further resolve that in the event of there being no President or the President being unable to enter upon his office or being unable to exercise his powers and duties, due to any reason whatsoever, the vice-president shall have and exercise all the powers, duties and responsibilities herein conferred on the President,

We further resolve that we undertake to observe and give effect to all duties and obligations that devolve upon us as a member of the family of nations and under the Charter of United Nations,

We further resolve that this proclamation of independence shall be deemed to have come into effect from 26th day of March 1971.

We further resolve that in order to give effect to this instrument we appoint Prof. Yusuf Ali our duly Constituted Potentiary and to give to the President and the vice-president oaths of office.

PROF. YUSUF ALI
Duly Constituted Potentiary
By and under the authority
of the Constituent Assembly of Bangladesh

Proclaimer controversy

The two messages sent by Bangabandhu Sheikh Mujibur Rahman embodying the proclamation of independence of Bangladesh. Bangabandhu is widely regarded as the proclaimer of the independence of Bangladesh. Bangobandhu 2.jpg
The two messages sent by Bangabandhu Sheikh Mujibur Rahman embodying the proclamation of independence of Bangladesh. Bangabandhu is widely regarded as the proclaimer of the independence of Bangladesh.

Until 2010, there was a controversy between the two dominant parties of Bangladesh, Awami League (AL) and Bangladesh Nationalist Party (BNP), over who had issued the proclamation: AL claimed Bangabandhu Sheikh Mujibur Rahman [26] [27] [28] and BNP claimed Ziaur Rahman. [29] [30] [31] However, Bangabandhu is described as the proclaimer of the independence of Bangladesh in all diplomatic secret documents of the Richard Nixon administration. [32] In 2010, a ruling of the Supreme Court officially recognized Bangabandhu as the promulgator, and denounced the views of BNP, calling it distortion of history. [29]

Background

Since its establishment, the Bengali-majority of Pakistan wanted full political and cultural autonomy, which resulted in a rise of nationalist and pro-democratic movements in the country. The Awami League, established in 1949, became the leading and representative party of the Bengalis in Pakistan. In the 1970 Pakistani general election, the League won an absolute victory and emerged as the largest political party in the country, but the junta government of Yahya Khan refused to transfer power due to its pro-Bengali and secular stance. On 1 March 1971, Bangabandhu Sheikh Mujibur Rahman, then president of Awami League, declared civil disobedience movement in East Pakistan. On 7 March 1971, Bangabandhu delivered his famous speech, concluding with, "The struggle this time, is a struggle for our liberty. The struggle this time, is a struggle for our independence. Joy Bangla!" [33] [34] It's widely considered as the de facto declaration of Bangladeshi independence. [35]

Controversy

Bangladesh Nationalist Party strongly claimed Ziaur Rahman as the proclaimer of independence. The third volume of Bangladesh Independence War: Documents  [ bn ], published in 1978, recognized Zia as the proclaimer. [29] Even some of the BNP leaders openly denounced Bangabandhu as the false proclaimer during Khaleda Zia’s premiership.

The controversy, lasted nearly two decades, led the country to a political and an ideological crisis. When a different party comes to power, they change the history books of Bangladesh to either prefer Sheikh Mujibur Rahman or Ziaur Rahman. [36]

However, some minor controversies also involve around the broadcasting of the proclamation. According to A. K. Khandker Bir Uttom, a military officer during the liberation war and former planning minister of Bangladesh, on 26 March, a technician at Swadhin Bangla Betar Kendra read out the proclamation of independence first over the radio. [37] According to Abdullah Abu Sayeed, Ekushey Padak Medalist Swadhin Bangla Betar Kendra artist Abul Kashem Sandwip also read the proclamation before Ziaur Rahman. [38]

Controversial quote of A. K. Khandker

In 2014, A. K. Khandker claimed in his book 1971: Bhetore Baire  [ bn ] (lit: "1971: Inside Out") that Bangabandhu did not make any proclamation about independence from 7 March until his arrest, nor did he leave any written notes or recorded voice messages and did not follow any predetermined directions. [37] Additionally, he also controversially quoted that Bangabandhu cried Joy Pakistan ("Victory to Pakistan") alongside Joy Bangla in his speech on 7 March 1971. [37] But after its publication, there was widespread criticism among the contemporary Awami League leaders and in the parliament session, and a case was filed against the author and the book for distortion of historical informations, [39] and the author withdrew the said part of the book and other related parts. [40] Later he formally announced an apology for giving false informations in his book. [41]

United States documents

Left to right: Henry Kissinger, Richard Nixon, Gerald Ford and Alexander Haig FordNixonKissingerHaig.png
Left to right: Henry Kissinger, Richard Nixon, Gerald Ford and Alexander Haig

According to South Asian crisis, 1971, a secret document published by the United States Department of State covering the Indo-Pakistan affairs that time, United States was observing the situations of Pakistan from March 1971. On 26 March 1971, just after the Operation Searchlight, US president Richard Nixon called an emergency meeting with then US Secretary of State Henry Kissinger, the Special Action Group Washington, the National Security Committee, and the CIA representatives at the White House, where it was said to have declared the independence of East Pakistan. [42] Richard Helms, Director of the CIA, said on that meeting:

"Yes, an agreement appeared near on March 24. The breakdown may have been because of Mujibur Rahman's insistence on the immediate lifting of martial law. A clandestine radio broadcast has Mujibur Rahman declaring the independence of Bangla Desh. There are 20,000 loyal West Pakistani troops in East Pakistan. There are also 5,000 East Pakistani regulars and 13,000 East Pakistani paramilitary troops, but their loyalty is doubtful...." [43]

Supreme Court ruling

In 2010, the third volume of Bangladesh Independence War: Documents, published presenting Ziaur Rahman as the proclaimer, was declared null and void by the Supreme Court, and the volume was ordered to be confiscated and withdrawn from all places in the country and abroad. Directions given by the High Court Division: [29]

"Those involved in such distortion of history have violated the Constitution. The government can take punitive action against the verification committee who created the distorted history on charges of fraud and violation of the constitution."

See also

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References

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  25. Ridwanul Hoque (2021). "The founding and making of Bangladesh's constitution". In Kevin Tan; Ridwanul Hoque (eds.). Constitutional foundings in South Asia. Hart Publishing. p. 100. ISBN   978-1-5099-3027-2. OCLC   1192304407.
  26. ১০ এপ্রিল, ১৯৭১: স্বাধীনতার ঘোষণা ও স্বাধীনতার ঘোষণাপত্র [10 April 1971: Declaration of independence and proclamation of independence]. sarabangla.net. 10 April 2019. Retrieved 10 April 2019.
  27. Salik, Siddiq. Witness to Surrender.
  28. Siddique, Abdul Kader (1997). স্বাধীনতা ৭১[Liberation 1971] (in Bengali). Anannya.
  29. 1 2 3 4 ইতিহাস বিকৃতি; বিচারহীনতার ঔদ্ধত্য [Distortion of history; arrogance of impunity] (in Bengali). Retrieved 30 January 2012.
  30. ইতিহাস বিকৃতি থেকে সরে আসুক বিএনপি [Let BNP be moved away from distortion of history]. Samakal. Retrieved 26 December 2019.
  31. মুক্তিযুদ্ধের ইতিহাস নির্মাণ, ইতিহাস বিকৃতি ও শেখ মুজিব [Building of Liberation War history, distortion of history and Sheikh Mujib]. Ekushey TV. Retrieved 22 August 2019.
  32. "Nixon-Ford Administrations". history.state.gov.
  33. Srivastava, Prabhat (1 January 1972). The Discovery of Bangla Desh. Sanjay Publications. p. 105.
  34. Guhathakurta, Meghna; Schendel, Willem van (22 March 2013). The Bangladesh Reader: History, Culture, Politics. Duke University Press. p. 219. ISBN   9780822395676.
  35. Furtado, Peter (1 November 2011). History's Daybook: A History of the World in 366 Quotations. Atlantic Books. ISBN   9780857899279.
  36. Islam, Sirajul (18 June 2021). "Declaration of Independence". Banglapedia . Asiatic Society of Bangladesh . Retrieved 7 December 2022.
  37. 1 2 3 Khandker, A. K. (2014). ১৯৭১: ভেতরে বাইরে [1971: Inside out] (in Bengali). Prathamā Prakāśan. pp. 55–70. ISBN   978-984-90747-4-8 . Retrieved 16 October 2020. During the liberation war, I used to live in the house next to the house where Prime Minister Tajuddin Ahmed lived on Theater Road towards the end of the liberation war. One day I asked him, "Sir, did you get any instructions from Bangabandhu before he was arrested?" He replied, 'No, I have not received any instructions.' That night Bangabandhu told everyone to hide, but he did not tell anyone where he would go. He did not tell anyone what the leadership of the party would be like if he was arrested. In addition to the meeting between Tajuddin Ahmed and Sheikh Mujib on the evening of March 25, Maidul Hasan, in a discussion between Maidul Hasan, Wing Commander SR Mirza and me on the topic of "Pre-Liberation War: Conversation", said: He did not discuss the decision with anyone at the helm of the party. He did not say who or what would lead if he was not there and for what purpose. Do we have to have a separate committee to lead? What will be their strategy? Will they have a program? No one knew the role of the elders of the party, the role of the youth or the role of the party. During the liberation war, I also asked Tajuddin Ahmed about the incident on the night of March 25. Tajuddin Ahmed admitted that the draft declaration was his own and suggested that Bangabandhu read the draft declaration. The text was probably like this: "The Pakistani army attacked us suddenly. They have started repression everywhere. In this situation, everyone has to jump into the freedom struggle of our country and I declared the independence of Bangladesh. "Mr. Tajuddin further said that after giving the draft declaration to Sheikh Mujibur Rahman, he did not read it and remained unanswered. Tajuddin Ahmed said to Bangabandhu, "Brother Mujib, you have to tell this. Because what will happen tomorrow, if all of us are arrested? Then no one will know what we have to do. If this announcement is kept in a secret place later "We can broadcast the announcement. If anything can be done through radio, it will be done." Bangabandhu then replied, "It will be a document against me. For this the Pakistanis will be able to try me for treason." Tajuddin Ahmed was very angry at this and left Dhanmondi No. 32 after 9 pm. Later, Maidul Hasan  [ bn ] asked the Awami League's publicity secretary Abdul Momin about this. He was also present at Bangabandhu's house on the night of 25 March. Abdul Momin said that when he was entering Bangabandhu's house, he saw Tajuddin Ahmed carrying files in his armpit with a very angry look. Abdul Momin took Tajuddin's hand and asked, "Why are you angry? Then Tajuddin Ahmed narrated the previous incident to him and said, 'Bangabandhu is not willing to take any risk. But one-after-one attacks are coming on us.'
  38. Sayeed, Abdullah Abu. মুক্তিযুদ্ধ: সত্যের মুখোমুখি[Liberation War: Facing the Truth].
  39. "Court summons AK Khandaker". banglanews24.com (in Bengali). 11 June 2015. Retrieved 14 October 2020.
  40. "AK Khandker revises his book". Dhaka Tribune . 6 September 2014. Retrieved 14 October 2020.
  41. জাতির কাছে ক্ষমা চাইলেন এ কে খন্দকার [A K Khandker apologize to the nation]. Prothom Alo (in Bengali). 11 June 2019. Retrieved 14 October 2020.
  42. "Minutes of Washington Special Actions Group Meeting | Foreign Relations of the United States, 1969–1976, Volume XI, South Asia Crisis, 1971". Office of the Historian. United States Department of State.
  43. "Foreign Relations of the United States, 1969–1976, Volume XI, South Asia Crisis, 1971". Office of the Historian. United States Department of State.
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