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| Faijul Islam |
South Asia celebrates over seven successful decades
of independence, a disturbing paradox haunts the region vehemently
—democracy is being eroded not by external invasion at all, but from various
actors within. While elections are held and parliaments function, the very
essence of emerging democratic contribution—freedom of expression, the right to
dissent as well as the opponent and the rule of law—is under siege across the
subcontinent;in a general meaning the rights are being undermined
regularly as a common practice in the South Asian Regime particularly in
Bangladesh, India & Pakistan
Research said from Islamabad to Dhaka, from Delhi to
Colombo, there is a growing pattern of democratic backsliding & a practice
against the philosophy of democracy that means the rule of power is getting
preference rather than rule of law. This decline is neither abrupt nor
uniform but this malpractice is unmistakable in nature. Every time the
scenario manifests in the silencing of journalists who would like to exhibit
the scenario by hook and crook before the mass people , weaponization of
laws against political opponents more specifically against the will of
opponents and the increasing marginalization of minorities by various ways day
by day.So from this point of view I argue that the roots of this erosion lie
not merely in flawed institutions, but in the normalization of
authoritative tendencies under the guise of nationalism and mere
development.
Elected Autocracies: A Dangerous Trend to
suppress the opponents
Let us begin with Bangladesh, my homeland. Once hailed as a
democratic success story in global south, Bangladesh today finds herself under
intense scrutiny of mob violence . Over the past decade, the ruling party has
increasingly consolidated government power often through controversial
elections in the year 2014,2018 & 2024 and the systematic use
of digital security laws to muzzle criticism. The Digital Security Act (2018),
for instance, has become a powerful weapon to criminalize dissent particularly
to keep practicing the autocratic power. We saw veteran Journalists,
academics and even ordinary citizens have been prosecuted for social
media posts criticising of the government. The same situation in India,
the world's largest democratic country also raises serious questions
about their methods to suppress the opponents . More even the Citizenship
Amendment Act (CAA) and the abrogation of Article 370 regarding
Kashmir may be framed as legal acts but their underlying politics reveal
a power scrunching shift that alienates minorities in greater perspective
.Past incidents reflect scenario where Journalists who criticized of the
government often face sedition charges or find themselves targeted by tax raids
and legal harassment many times. The state increasingly preludes
patriotism in narrow definitions without exclusionary terms.Even
arrests of activists under anti-terror laws like UAPA without timely trials
reflecting the shrinking space for lawful protest and civic engagement
regarding their rights. In Pakistan, a country with a tumultuous democratic
past, the pattern so so similar. Although civilian rule returned over two
decades ago, the military has continued to exert disproportionate
influence over democratic institutions.Here is the glaring example, Ex Prime
Ministers are often disqualified or arrested on charges that appear
politically motivated.In addition, random crackdown on the media is
definitely relentless and enforced disappearances are disturbingly
regular routine in these countries.
In the scenario of Sri Lanka and Nepal, though
circumstances differ from time to time , the trend of using political weapons
to occupy power and curtail freedoms remains evident. In each country,
sorry to say the judiciary is increasingly politicized and the line between
state and party has blurred by mandate of politicized.
Legal Instruments of Oppression
What is most alarming is that much of this repression is
carried out under the shelter of law & legal grassroots . Laws meant
to protect national security or ensure public tranquillity are routinely
abused to suppress opposition and critical voices which have raised their voice
against the government. Harsh reality is that sedition laws, colonial
relics that have long outlived their utility are still used with impunity
for the ruling parties. After evaluating we talk upon the anti terror laws
where the pragmatic culture shows that so called anti-terror laws are vague and
overbroad, leading to prolonged detention without trial in the name of
preventive detention. On the other hand the defamation laws —both civil and
criminal—are employed to stifle investigative journalism to choke the
journalist in the time of protest.One might ask: if laws exist, aren’t they
legal in nature ? But the legality and legitimacy are not always the same
as we think about it . When the law is drafted or applied with the intent to
suppress opposition, the law becomes a weapon of tyranny Where the
tendency not to rely only on justice. As legal philosopher Lon L. Fuller
warned, the “inner morality of law” must uphold fairness, transparency,
credibility and accountability. But our current regimes often ignore this
inner morality, they think it's better to weaponized legality rather than
enforce illegitimacy.
The Cost of Silencing Dissent
The consequences of democratic decline are far-reaching
from establishing fairness. First, it breeds apathy and disillusionment among
citizens to say against the concept . When elections are rigged or lack
credibility, people lose faith in peaceful democratic change and are reluctant
to elect their beloved . This early disillusionment can push the youth toward
radicalization, extremism, terrorism or emigration—draining the country
of its most vibrant minds.Second, the suppression of dissent leads to bad policymaking
where there is no chance to make good laws for citizens . So constructive
criticism, whistleblowing and academic freedom are essential to correcting the
states . When critical voices are damn silenced, corruption flourishes
everywhere , injustice festers and crises go unreported until they become
unmanageable for the future.
Third, democratic decline damages a country’s global
standpoint . In a world where human rights and democratic credentials shape
diplomatic relations and economic partnerships, governments authoritarian behaviour
invites isolation from engagement of mass people . In Bangladesh, for instance,
risks losing preferential trade status in Europe due to concerns over labor
rights and political freedoms of the common people .Here India has faced
backlash from international watchdogs and foreign media over its democratic
regression towards the people . Furthermore Pakistan remains mired in a trust
deficit with her own people and international partners due to civil-military
imbalances.
The Way Forward
Despite these bleak trends, hope is not lost at all. We the
Civil society, the judiciary, three organs of state and the legal fraternity
still have a crucial role to play in resisting democratic erosion and
intensifying sustainable solutions.
First, legal reforms are urgently needed for enhancing
accountability . Outdated and draconian laws—particularly sedition, digital
security Act, Defamation Act and anti-terror provisions—must be repealed or
amended regarding the contemporary situation .We talk about the Legal
safeguards that must be introduced to prevent arbitrary detention and ensure
fair trials for us.
Second, judicial independence must be strengthened enough
for providing fairness . Here the Judges will be insulate from political
pressures and allowed to perform their constitutional role as guardians of the
rule of law.Im addition Courts to proactively check executive overreach
and hold the state accountable particularly in cases involving civil
liberties
Third, the media will be protected and empowered . A free
press is the lifeblood of emerging democracy. Our Governments should stop
treating journalists as enemies and recognize them as essential partners in
nation-building. The media houses, in turn, must resist polarization and
reaffirm their commitment for establishing truth and enhancement in
public interest journalism.
Fourth, civil society and academia must unite to defend
pluralism in a broader context. Universities must remain spaces for critical
thought and peaceful activism continuously. Legal scholars and educators have a
duty to produce research that challenges injustice, inspires reform, showing
pragmatic decimation and educates citizens on their rights.
Finally, the international community must recalibrate their
engagement with South Asia. Their support for democratic norms that go beyond
rhetoric. By this way Strategic partnerships should factor in human rights
performance, not just only for geopolitical convenience. Democracy is not
just about casting a vote every five years. It is about nurturing a political
culture where dissent is not feared but valued, where law is not a weapon but a
shield, and where power is accountable to the people. In South Asia, that
culture is under threat. But the story is not yet over.
We, the people of South Asia, must reclaim the democratic
dream that inspired our independence movements. The legal fraternity, civil
society, and the youth must rise—not with violence, but with reason, courage,
and conviction. Democracy may be in retreat, but it is not beyond redemption.
Faijul Islam is a Lecturer of Law at Prime University, Bangladesh, and a legal researcher specializing in constitutional rights, international law, and democratic governance in South Asia.