Studying Law*

By Dr. Uttam Kumar Das

I use to ask students frequently, while meting them in a class or in other forums, why are they studying law.
I got various answers with justifications. Some common reflections are: don’t know, parents or guardians pushed, persuaded or forced them, did not get chance to other choices- medical or engineering, have motivations to do something for the people and society- protecting human rights, bringing justice etc. Some have honest confession as well- to be influential in the community or locality, earn money, to be engaged in politics etc.
Some students also found to be more pro-active. They are passionate for or towards the cause of the disadvantaged. To quote a Law Student from the Southeast University: “…Success does not come truly only by name and fame if deprived people do not get benefited by me or by my works. So this is the primary concern of mine to be a lawyer….”
Some are very much prone to human rights cause: “…protection of human right in our country, we need to work together and in the same time we need mental change….” That’s why studying law.
All I found as encouraging and motivating ones, which also reflect my cause behind studying law as well.
Now let us look into what is the purpose of Legal Education in a given country.
According to renowned Indian Legal Academic and founder of the National Law School India University in Bangalore, Professor Dr. N. R. Madhava Menon, the objective of a Law School visa a versa Legal Education is to produce: (i) Sufficient competent lawyers, prosecutors, and judges to administer the judiciary; (ii) Well-trained law personnel for providing legal services to the government departments and corporate institutions; (iii) Legal researchers and academics for legal education, legal reform, good governance; and (iv) Disseminate legal knowledge and culture conducive to the Constitution, rule of law, good governance, human rights, and democracy.
However, all the objectives depend on what type of legal education one institute is offering and how the graduates are getting knowledgeable, trained and skilled.
Given the context of Bangladesh, we see the future work or career options for a law graduate are mainly: to join the judiciary through competitive examination conducted by Bangladesh Judicial Service Commission , join legal practice (after getting license from Bangladesh Bar Council), join legal aid or human rights organizations or work for other public, private, national or multinational organizations. The judges from the trial courts, and practicing lawyers with designated experiences could be appointed as judges at the High Court Division as well.
However, where one would be able to join in the career option is influenced or decided by individual quality and skill, family and other demand and support, individual motivations and priorities etc.
Quality of the graduates also determined by the quality of education one is getting out of his her institution, self-motivation, individuals initiatives and networks.
Being a graduate of a Law School in the North America (University of Minnesota), I found how innovative and practical legal education could be. Those are supplemented and complemented by initiatives and devotions of individual course teachers and mentors.
Those institutions focus to enhance the analytical, writing and presentation skills of students given a legal problem and context.
One the contrary, legal academics here in Bangladesh, are forcing students to memorize sections of statutes and reproducing those in the answer scripts during the examinations. That why after graduation with a “good grade/class,” they don’t know how to draft a memo, brief or a research paper.
This is contributed by so many reasons and factors including lack of institutional initiative to provide “quality legal education,” lack of creative ideas and thinking by respective faculty members, absence of effective monitoring role by Bangladesh Bar Council over legal education, politicization of bar associations and legal professions among others.
Here, Bar Associations are busy with party politics rather than to do anything for the improvement of the legal profession and practices.
I do know how helpless, the newly enrolled Advocates are. I do not have any information on initiative by any Bar Association for any professional training for lawyers which could promote professional quality, skills, ethics and motivations for ensuring people’s access to justice.
The Law Schools (here we say Departments) are also not perfect with regard to their due role. I could share on information here: The Ford Foundation had taken initiative to fund three Law Departments at public universities in mid-1990s for introducing Clinical Legal Education (CLE). Those projects had to be discontinued allegedly for misappropriation of the allotted fund.
However, I have an opportunity to observe an opposite scenario as well. At the same time, The Ford Foundation had funded the University of Minnesota Law School in Minneapolis, U.S.A. to establish a Human Rights Center and Library. I was hosted by the Center for a year as a Hubert H. Humphrey Fellow and saw how they are working for human rights education, training and research globally. The Library (both archival and online) provides bunches of materials and resources in eight languages (link: http://www1.umn.edu/humanrts/center/hronline.html).
So, who is to blame for that?
Also, we have a notion that only Moot Court could meet the need of the CLE. That is not at all true. Moot Court is one of so many practices; others are incorporation of practical aspects in the curriculum (case law-based readings), law clinics, seminars and writing courses etc.
Therefore, we have lot to do to bring a change in our legal study. Both public and private sectors need to come forward.
It is evident that the fresh graduates find it difficult to join legal profession initially for reasons which included lack of support (I mean monetary support from the seniors/employee who claim that the apprentice has no required legal knowledge and skills), economic hardship, immediate demand to support from the family and other concerns.
Here is a role to play by the government which could support paid-Internship for law graduates varied from six months to one year. They would be posted at courts, attorney general office, and other government offices to support legal works. The Bar Council also explores ideas in this regard.
In the U.S. Judicial system, there is a system of paid-Judicial Clerkship for fresh law graduates (under which graduates work with judges in the county, state or federal level courts). They have to assist in research and drafting and take part in other activities as demanded).

The writer is the Deputy Director at the South Asian Institute of Advanced Legal and Human Rights Studies (SAILS). He formerly worked with UNHCR and IOM. However, opinions expressed are author’s own. E-mail: uttam@sails-law.org

*A slightly edited version of this article has been published in The Daily Star, Dhaka, “Law & Our Rights” Section, 12 November 2011; link: http://www.thedailystar.net/law/ 2011/ 11/02/ human.htm.
The ‘Pyramid of Learning’ used with the article had been photographed by me at the Human Rights Summer School organized by ELCOP (in December 2010). This has not been mentioned accordingly in the printed version. The author sincerely apologizes for that.

Dr. Uttam Das working for reform of legal education

Dr. Uttam Kumar Das, a Human Rights Lawyer in Bangladesh has been working for reform of legal education.

He was a Hubert H. Humphrey Fellow in the year 2009-2010 and was affiliated with the University of Minnesota Law School and Human Rights Center in Minneapolis, U.S.A.

His focus was on "Laws and Policies Related to Labor Trafficking in the United States of America." As part of the Fellowship, Dr. Das volunteered for the Refugee and Immigrant Program at the Advocates for Human Rights, an international human rights organization in Minneapolis.

Dr. Das is admitted as an Advocate (Attorney) in the Supreme Court of Bangladesh and is providing pro bono legal advice to promote rights of migrants, refugees and victims of human trafficking. He also lectures regularly on human rights issues at law schools in Dhaka.

He has organized two regional seminars in Dhaka on “Ethics in Legal Profession" and "Legal Education in South Asia," respectively on January 15 and January 16, 2011 under the banner of the South Asian Institute of Advanced Legal and Human Rights Studies (SAILS). Dr. Das is now working as the Deputy Director at SAILS.

The seminars brought together the Law Minister, Chairpersons of National Human Rights Commission and Law Commission of Bangladesh, policy makers from Bar Council and renowned jurists and legal academics among others from Bangladesh, India, Nepal and Sri Lanka.

Major newspapers in Bangladesh gave significant coverage of the programs; link of a relevant report: http://www.thedailystar.net/law/2011/01/04/event.htm

"The aged-old legal education in Bangladesh needs drastic reform and standardization to meet the need of the time," says Dr. Das.

According to him, "legal education should be human-centric and practical which could be able to contribute to pro-people justice system." He is also advocating for incorporating human rights issues in legal curriculum, and contributing to national newspapers on the issue.

He has been liaising with the legal academics, law schools, Bar Council, Law Commission and National Human Rights Commission for the reform.

Dr. Das is a visiting faculty to the Kathmandu School of Law in Nepal. He runs a blog as well; link: http://udas1971.blogspot.com.

He has been invited to present key note papers at symposiums in the capital recently organized by the largest NGO, BRAC and migrant rights organization, WARBE Development Foundation.

Dr. Das was part of a three-member technical team commissioned by the International Organization for Migration (IOM) in 2010 to draft a comprehensive law on human trafficking. The draft law is now under the review of the relevant ministries. The Government of Bangladesh is likely to adopt the law soon as an Act endorsed by the National Parliament.

He formally worked with the United Nations High Commissioner for Refugees (UNHCR) and International Organization for Migration (IOM).

Dr. Das got his Doctor of Philosophy from the Institute of Bangladesh Studies (IBS) at the University of Rajshahi in Bangladesh. He is now scheduled to get his second LL.M. (Master of Law) with concentration in International Human Rights Law from the University of Minnesota Law School.

South Asian Law University

Legal Education

South Asian Law University:
A move towards quality education*

Dr. Uttam Kumar Das

DURING my recently completed Hubert H. Humphrey Fellowship Program (2009-2010) in the United States, I have taken every opportunity to visit different Law Schools, talk to Faculties, and to observe and monitor how those institutions do operate.

Apart from my host institution, the University of Minnesota Law School and Human Rights Center in Minneapolis, I have visited some other Law Schools and talked to respective faculties, staff members and students.

Visiting those institutions, I do see how productive and efficient the students could make them during their time in Law Schools (i.e., three years for the Juris Doctor or JD and one year for LL.M. program).

During the School year, a student could explore his or her interest and skill, take the full advantage of the available scholarship and resources, and decide accordingly whether one would join the public service, pro bono legal or human rights work/organisation, or go to practicing law. Potential employers would come to the School to hire graduates through their announcements or participating in job fairs.

In the University of Minnesota Law School, there are 18 Legal Clinics covering the issues ranging from International Business Law to Human Rights Litigation; those serve 'live-clients.' Students are to work with Clinics as part of their respective courses. Students could even appear in the Courts for clients under the supervision of a Clinical Law Professor.

There is at least one full-time Clinical Faculty each Clinic. There are donations or endowments to run such Clinics. Even private individuals (former law students or their descendents) and organisations provide funding to establish and run Legal Clinics. Other Faculty Positions are also funded in the same ways.

There are three full-fledged and well-equipped Court Rooms. The Supreme Court of the State of Minnesota holds their sessions in the Law School on scheduled dates to allow students to observe the proceedings and ask questions thereafter. The Chief Justice, other related Judges and respective Attorneys would come down to the School to participate in the real proceedings. In other cases, students would visit trail courts.

I found the student organisations (total 56 for 800 students) busy with so many activities over a semester (other than destructive activities like here in Bangladesh). For example, if the Chapter of Amnesty International brings a renowned Law Professor from another Law School to speak on a timely issue, the International Law Society or Asylum Law Project would bring an internationally-reputed activities or practitioner to address the students on another topic. Students do publish journals on time serving as Chief Editors.

The Mission of this University of Minnesota Law School is to provide “high quality legal education.” It wants to achieve this through “… contributing substantially to knowledge of the legal order through the publication and other dissemination of scholarship, and … providing discipline-related public service to the University, the state, the nation, and the international community, and to the legal profession in those fields in which it has a special expertise.”

Though we have around 20 Law Schools or Departments affiliated with public or private universities, however, the standard of the curriculum, teaching methodology, scholarship of the respective faculties (of course with few exceptions), research and publications, available resources to students and faculties, and overall the quality of the graduating students are not beyond questions. The same goes about the quality of the graduates coming out of Private Law Colleges.

Therefore, this is the high time to look into quality of legal education in Bangladesh to having a global standard. Given the globalisation, expansion of international corporation and business, and ever expanding human rights and humanitarian crisis there are growing need of quality law graduates.

Upon my return to Dhaka in June, I have noticed a significant progress in this regard and it comes to realisation of a dream of having a South Asian Law University in Bangladesh. This has been initiated under the banner of the already established South Asian Institute of Advanced Legal and Human Rights Studies (SAILS).

SAILS has recently concluded two month-long training courses on the Alternative Dispute Resolution (ADR) and Continuing Legal Education (CLE), first of its kind in the country. The participants- judges and lawyers were drawn from Bangladesh, India, Nepal, Bhutan and Maldives.

Definitely there is need and all potentially for such an institution.

Dr. Kamal Hossain in his speech said, “Its an instrument to empowering the powerless, if it is properly understood, and could be effectively implemented,” he said. The internationally acclaimed Jurist urges the participants of the courses not to be lawyers obsessed of earning more money, but to serve the powerless and helpless in the respective society.

Barrister Shafique Ahmed, Minister for Law, Justice and Parliamentary Affairs of the Government of the People's Republic of Bangladesh assures all out supports from his government in establishing a Law University in Bangladesh. He blames the aged old judicial system inherited from the British for failing to deliver justice. That is why the government has introduced ADR to reduce backlog of cases. “ADR could save time and money,” the Law Minister observes.

Professor N. R. Madhava Menon, a pioneer of global-standard legal education in India observes that a quality legal education in South Asian countries could bring foreign exchanges for the region as well. “If we could produce international-standard law graduates they could grab jobs in the multinational, international agencies and law firms.”

Dr. Menon starts his mission with the National Law School of India University in Bangalore, India. He also supports the idea of a SAARC-level Regional Law University. He hopes that such a University would come out with new scholarship and help in promoting peace and development in the region. Being a promoter for a quality legal and human rights education, I do foresee that the proposed Law University would produce graduates having new scholarship and morale among other qualities. They could contribute to establishing the Rule of Law and Accountability in the society. That is necessary for a healthy and democratic society and ensuring human rights for all.

The writer is a Researcher and Practitioner specializing in International Human Rights Law.

*Originally appeared in The Daily Star (Dhaka, Bangladesh), July 10, 2010; link: http://www.thedailystar.net/law/2010/07/02/education.htm.

Expectation from National Human Rights Commission*

Human Rights Advocacy

Expectation from National Human Rights Commission

Dr. Uttam Kumar Das

OVER the last week two developments related to the National Human Rights Commission (NHRC) have been headlined in news reports. The President of the People's Republic of Bangladesh has appointed a Chairman and six members to the NHCR on 22 June. It is likely the NHRC is to get a long waited and full-fledged body. This is hopefully to contribute full functioning of the newly established apex body in charge of protection and promotion of human rights in the country.

Just a day before the appointment, the outgoing Chairman of the NHRC, Justice Amirul Kabir Chowdhury disclosed (on 21 June) that most of the complaints (total 147) the agency has received during the last one year are against the law enforcers. The veteran Judge urged for proper training on human rights for the member of the law enforcement agencies. (Source: The Daily Star, June 22, 2010). The issue needs serious attention of all concerned.

Let me start with focusing on the newly appointed Chairman and Members to the NHRC. The Chairman, Dr. Mizanur Rahman who has been a prominent Professor of Law at the University of Dhaka is a well-known personality as well in the arena of human rights education in Bangladesh and beyond. He has been a proponent of “justice for the poor” through expanding human rights education and activism in Bangladesh.

Professor Rahman has established a landmark in human rights education through organizing a two-week annual summer school under the auspices of the Empowerment through Law of the Common People (ELCOP). This has been an innovative and effective initiative to introduce human rights as an integral part of legal education in the absent of a formal opportunity to do so. The course has drawn interest from meritorious students from the SAARC region and beyond. I had the opportunity to be part of the initiative over the years [while serving with the United Nations High Commissioner for Refugees (UNHCR) and International Organization for Migration (IOM)].

During the last one year, I had been affiliated as a Hubert H. Humphrey Fellow (Fulbright Scholar) with the Human Rights Center at the University of Minnesota Law School in the United States. Among other activities, I have closely monitored the activities of an academic institute (i.e. University of Minnesota) and a state organ (Minnesota Department of Human Rights-MDHR) in promoting and protecting human rights.

The MDHR introduces it as a “…neutral state agency that investigates charges of illegal discrimination, ensures that businesses seeking state contracts are in compliance with equal opportunity requirements, and strives to eliminate discrimination by educating Minnesotans about their rights and responsibilities under the state Human Rights Act.” Its values are: quality, timeliness, efficiency service, fairness and respect. So, the implementation mechanism of human rights is through educating people about their rights and responsibilities among others.

Then, the question of human rights education comes in. In this regard, let me look into the role of the University of Minnesota. The University's Law School has an International Human Rights Law concentration among others in courses (i.e. LL.M. and J.D.). Around five clinics (out of 17) focus on human rights issues. The Human Rights Center at the Law School has been pioneering in running online Human Rights Library, programs incorporating human rights in the school curriculum, and training teachers, practitioners, and activists among others.

Apart from that, the College of Liberal Arts has a comprehensive Human Rights Program for undergraduate and graduate students. It has been directed by Professor Barbara A. Frey who has been a pioneer in human rights activism in the U.S. and beyond, and a former UN Rapporteur. [I had the opportunity to be taught a course on Human Rights Advocacy by her]. Throughout my academic and professional experience in the area of human rights, I got a simple understanding that it (human rights) is a matter of culture and practice. It starts from individual (including myself). One could orient him or herself on the concept of human rights through education and training. Then, the point of practice comes in.

It is hardly possible to protect, promote and implement human rights unless we start to practice it at our individual level. Political stunt hardly work. That is why the initiation of human rights education Bangladesh should be the priority. This is not a subject for law students only. It (human rights) has various dimensions alongside the legal one.

It should be for mass education. That means human rights should be incorporated in the curriculum starting from the primary and secondary levels. There should be opportunity for advanced studies and research on human rights. Thus, we could build up a culture of human rights in our future generations; will have professionals as well. This would contribute to establishing rule of law, accountability and strengthening the democratic processes and institutions.

However, unfortunately, the traditional donor agencies or development partners hardly pay attention to the institutional educational aspects of human rights in Bangladesh. So, far there is no single institution in the country which could claim any significant initiative or contribution in human rights education, research and practice. Forget about centre of excellence.

The Law Schools are also likely ignorant and reluctant in this regard. Without a better human rights education, we could not expect pro-human rights lawyers and judges. This is a hard reality. However, the good thing is that the newly appointed Chairman of NHRC, Professor Mizanur Rahman has been an active academic himself. He has already acknowledged (in an interview with BBC) the necessity of expanding opportunity for human rights education and training in the country. Now, how it comes to real implementation that is a point. Prominent Human Rights Advocate, Adilur Rahman Khan (in an interview again with BBC) highlighted some issues as a matter of priority for the NHCR. The alleged extra-judicial killings by the members of the law enforcement agencies topped the list.

This extra-judicial killing is against the constitutional provision of the country and obligations under international human rights treaties as well. This is not a crime against the individuals or their family only; it is also a serious and gross human rights violations. A pro-active initiative of the NHCR to knock the government to stop such practices is badly needed. Mere so-called investigation would not suffice unless it is independent, professional, accountable, and finally there is no exemplary punishment for the responsible one and compensation for victims' families finally.

Recently, I have interviewed Ms. Carolyn Abong, the Head of the Research, Policy and Legal Affairs Unit of Kenyan National Human Rights Commission. She had been a Humphrey Fellow along with me. According to her, the National Human Rights Commission establishes a legal-foundation for protection and promotion of human rights in a given country. Though the Human Rights Act in Bangladesh has certain limitations, however, there are lots to gain if it is implemented effectively. The good thing is that the Act has endorsed those as human rights which are guaranteed in Part III of the Constitution and those are also guaranteed in the international treaties ratified by Bangladesh and subsequently adopted through domestic legislation.

The NHRC in Bangladesh has jurisdiction over receiving complaints and investigations; visiting and monitoring of human rights situations in hospitals, jails, detention and correctional centres; reviewing and studying of national and international laws, and putting forward recommendations; researching human rights, and organizing related professional and institutional trainings; publishing and publicising on human rights; coordinating human rights activities by public and private organizations; organizing related conferences and symposiums, and providing legal aid.

Comparing the mandate of the NHRC in Bangladesh with that of Kenya (which is internationally considered as a model institution), I find that ours is wide and expanded. It is comparable with that of India (there is similarity as well). The NHRC in Bangladesh has the mandate even to investigate the matter of an extra-judicial killing [Section 11 (i) (a) of the Human Rights Act]. However, it might not be in a position right now to do so with regard to its logistics and technical capacities. That is why it is the responsibility of the government to ensure necessary support to the NHRC so that it could perform full-fledged. Respective donor agencies, non-governmental organizations, civil society and professional groups and media among others could joint hand and play an pro-active role so that the NHRC could work effectively in promoting and protecting human rights.

Going back to the Minnesota Department of Human Rights, it organizes an annual conference in early December to mark the adoption of the Universal Declaration of Human Rights. It showcases activities of various partnering public and private organizations alongside parallel seminars and workshops on various issues of human rights. [I have attended such a gala event this year on 4 December]. Our NHRC could also consider such events not only in the capital but also at districts levels. It could be over a period of time.

The writer is an Advocate in the Supreme Court of Bangladesh, a Hubert H. Humphrey Fellow (U.S.A., 2009-2010).

*Originally appeared in The Daily Star (Dhaka, Bangladesh), June 26, 2010; link: http://www.thedailystar.net/law/2010/06/04/index.htm.

Arizona Against Immigration*

Arizona Against Immigration

A controversial Arizona law has caused grave concern to immigrants

Dr. Uttam Kumar Das writes from Minneapolis, USA

The US immigration system has been an area of interest during my program here. I am taking a full-course on Immigration Law as part of my LLM (Master of Law) program this Spring Semester 2010.

The topic has dominated much of the discussions starting from the academic debates to professional conferences. Much has been in debate following the filing of an Immigration Reform Bill in the US Congress last December. However, when this law is going to be passed or implemented, no one could say.

In another development, a new legislation adopted in the southern border state of Arizona has sparked new debates.

Arizona Governor Jan Brewer has signed an immigration bill into law for the state on April 23. This is considered as the “toughest law against the illegal immigrant.”

Legal and judicial questions have also emerged whether a state could adopt such a law overruling the federal position with regard to immigration.

Though immigration is a federal matter, Arizona has challenged that principle. The Department of Justice is reportedly to challenge the legality and validity of the Arizona law.

The much debated law will take effect on July 29 unless its implementation is blocked by any legal or judicial intervention, i.e., court injunctions etc. So far, there have been three pending legal challenges already filed by a Hispanic clergy group, a police officer and another individual.

The law is likely to make it a crime if an immigrant doesn’t carry his or her immigration documents with them apparently at all times.

It also empowers the police to detain anyone who are “suspected of being in this country illegally.” The law’s reported aim is to “identify, prosecute and deport illegal immigrants.”

It has provisions that in enforcing law, police might question anyone about his or her “immigration status” if there is "reasonable suspicion." However, there is no definition in the law what this “reasonable suspicion” means. The Arizona law also makes it a state crime to be in the US illegally.

The critics of the law comment that the law will result in “racial profiling of Hispanics.” Some are opposing the new law because it seems to encourage “racial profiling” which is prohibited by numerous existing laws in the country.

The New York Times/CBS poll finds that only 0.51% of the public opinion is in favor of this new immigration law. Opposition is overwhelming.

On May 5, Mayor of Boston Thomas M. Menino and Boston City Council asked the residents of Boston to protest against Arizona’s new immigration law by “cutting ties with companies based in Arizona that agree with the new law,” according to Boston-based Irish Immigrant Newspaper. Mayor Menino whose grandfather was an immigrant comments that Arizona has opted for isolation adopting such as law.

This has a cost as well. Phoenix, a major city in Arizona has already reports loss of $90 million due to “immigration law boycott,” as the New York Daily News reports on May 11. Professional and other organizations are shifting their scheduled events out of Arizona.

However, there are other moves as well: at least 10 States are reportedly looking to copy Arizona’s law. Those States include Utah, Oklahoma, Colorado, Ohio, Missouri, Georgia, South Carolina, Mississippi, Texas and Maryland, according to the Huffington Post.

According to Minneapolis-based Senior Immigration Attorney Scott M. Borene who has been advocating for the reform process, it (immigration reform) is in the top three priorities of President Obama administration. The Attorney acknowledges that U.S. economy is benefited both from the legal and illegal immigrants. “We need immigrants to meet up the deficit in the workforce,” says Attorney Borene at a presentation at the Minnesota State Bar Association on April 19.

The reform aims to pave the way for legalization of an estimated 1.2 million illegal immigrants among others.

However, President Obama administration is now likely stuck with other priorities. After the battle over the health care reform bill, the administration has likely been busy with Afghan war, “home-grown terrorism” issue and at the latest fire in the oil reserve in the Mexico Gulf.

That is why observers see that it is very unlikely to pass the federal immigration reform by this year.

However, professional bodies like the American Immigration Lawyers Association (AILA) have come up with bunch of recommendations. According to a release of AILA, it “…believes any effective, long-term solution to the immigration problem must: 1) require the undocumented population to come out of the shadows and earn legal status; 2) ensure that American businesses are able to hire the workers they need to help grow our economy while protecting U.S. workers from unfair competition; 3) reduce the unreasonable and counterproductive backlogs in family-based and employment-based immigration by reforming the permanent immigration system; and 4) protect our national security and the rule of law while preserving and restoring fundamental principles of due process and equal protection.”

I find no other recommendation but to support AILA’s ones to cover the issue as a whole. It is true that without a specific plan of action by President Obama and the Congress (especially support of the members from the opposition Republic) this new immigration reform bill may also embrace the reality of “no vote” like previous ones as happened in 2008 and 2009. And that is the fear of the related professionals and observers.

Dr. Uttam Kumar Das is a Bangladeshi human rights lawyer currently affiliated with the Human Rights Center and Law School at the University of Minnesota, U.S.A. as a Humphrey Fellow. E-mail: udas1971@gmail.com.

*Originally appeared in the PROBE News Magazine (Dhaka, Bangladesh), May 21-27, 2010; link: http://www.probenewsmagazine.com/index.php?index=2&contentId=6043.

Spark the human potentiality*

Column: Humanity

Spark the human potentiality
A reinvigorated spirituality offers the way to humanity’s enlightenment.

Published: 05/03/2010

Uttam Das
udas@mndaily.com

What is the purpose of human life? Answers have neither been exhaustive nor unanimously accepted, and they almost always open moral, ethical, philosophical, religious and spiritual dimensions.

I got a fresh reflection recently by attending two separate public lectures by Rigoberta Menchú Tum and Sri Sri Ravi Shankar.

Menchú won a Nobel Peace Prize in 1992 and is a Guatemalan human rights activist. Shankar is a spiritual personality from India and founder of the Art of Living Foundation, which has branches in various countries, including the United States.

Menchú and Shankar represent different cultures, languages and religious beliefs, but I do find a unique commonality and similarity in their thinking and observations on human life and its values, purpose and how to be devoted to bringing common good to human beings. Among others, these two figures put unparalleled emphasis on the spiritual to make us creative and humane.

Menchú herself is a victim of violence in her country: She lost her parents, two of her brothers, a sister-in-law and several nephews and nieces during the Guatemalan Civil War. She had to take refuge in Mexico.

Menchú, who belongs to the K’iche Maya ethnic group, has been an activist promoting the rights of indigenous peoples in Guatemala.

Her observation is that human beings have lost their “common sense,” which explains why we face alarming racism, slavery and the exploitation of human beings. She sees the presence of genocide all over the world in various types and dimensions.

However, Menchú dreams of leaders who could solve problems rather than create them, and in this she believes the youth could be instrumental. However, to make such a contribution, someone needs to be of high esteem, creative and humane. She observes that we need to be able to meet basic needs — part of a healthy community spirit.

Menchú distinguishes between religion and spirituality. She laments a lost human spirituality and the violence and exploitation across the world that accompanies it. According to her, some religions have lost their spiritual dimensions, which also have an impact on their believers.

For his part, Shankar has been a promoter of stress-free and violence-free communities and a society of peace across nations. He “has inspired a global phenomenon of compassion and service” through his works, according to the Art of Living Foundation website. The initiative has reportedly impacted more than 25 million people worldwide.

Shankar observes that it is how we see and enjoy our lives that could make a change and bring a difference. If we are positive in our thinking and approach, then we could impact our potential accordingly and make an enormous contribution to the community and society. And that is the ultimate purpose of human lives, he believes.

“We all come to the world as enlightened ones, however, somehow on our ways we lost our potentiality,” Shankar said to a gathering of more than 1,000 people in Wayzata, Minn. He underscored the importance of “mental hygiene” — enhancement of one’s human ability through spirituality.

Shankar’s Art of Living Foundation promotes meditation as a way of eliminating stress and enhancing wisdom among individuals. The foundation has been working in 145 countries, including the United States, to promote human values and peace.

Shankar, who also sees spirituality beyond religions, observes that modern technology makes the world into a global village; thus, spirituality could make it into a family.

What Menchú and Shankar have been promoting should be our motto for the common good.

Hubert H. Humphrey once said that “each of us can make a difference.” He believed that “people posses the basic wisdom and goodness to govern themselves without conflict.”

We don’t need to be worried about success in our lives. He who is successful “has left the world better than he found it,” as Bessie Anderson Stanly wrote in 1904.

John C. Maxwell, in his book “How Successful People Think,” rightly advises us, “Instead of trying to be great, be part of something greater than yourself.”

South Asian mystic singer Lalon believed in reincarnation. However, he professed that to make this life worthy of living, one must act morally and humanely to others and act for good. Lalon stressed the immediacy of improvement because if time is over, we can do nothing.

The Dalai Lama has a say in this regard. For us, it is “really worthwhile to increase the power and influence of positive thinking and to reduce the occurrence of negative thinking.” According to him, if we let anger and hatred run loose, then we are lost. As sensible people, we should not want to get lost.

Therefore, what we are supposed to do is a matter of our individual choice, effort and action. Our gratefulness, thankfulness, humanity to others and urge to do good for others could make a difference. In this crisis-prone world, a change in spirit is well deserved. Let’s move on right now.

Uttam Das welcomes comments at udas@mndaily.com.

*Originally appeared in the Minnesota Daily; link: http://www.mndaily.com/2010/05/03/spark-human-potentiality