Impending Economic Crisis: A Threat to Our Rights?

Rezwana Rashid
Junior LL.B. Student, University of Dhaka

“We have decided to eat less to survive in this difficult time. From house rent to the edible oil price, every cost of living has been on the rise[1],”

- Akther, a resident of Dhaka city.

If this is the situation of a resident living in Dhaka, then can we even imagine how the people living in extreme poverty will survive in the forthcoming economic crisis Bangladesh is feared to reach? On 22 April 2022, Dr. Ahmad Kaikaus, principal secretary to the prime minister, said – “There is no reason to think that the economic condition of Bangladesh will become like that of Sri Lanka.” Now heading to the month of August, we are living in the moment of rising prices of food and other daily commodities at a terrific speed.

Moreover, it is nearly unthinkable to sit at peace by reassuring ourselves that Bangladesh will not face any economic crisis like that of Sri Lanka. Meanwhile, the annual inflation rate in Bangladesh climbed to 7.56 percent in June of 2022[2] from 7.42 percent in the previous month, and notedly it was the highest inflation rate since July 2013. This inflation has adversely impacted mostly food and energy prices, and its consequential impact is mainly on the poor and marginalized groups who would be disproportionately affected by this through inequalities, disparities, opportunities, and many more ways. Coupled with this reality, it will be outraging to know that this poor segment is increasing rapidly. According to the statistics[3], by the end of May, the number of ‘new poor’ in the country stands at 30.9 million, which is 18.54 percent of the population. This percentage is really something that we need to worry about since poverty is directly correlated with the hunger problem. Whereas in our country, food is a basic need that the state has a duty to ensure. Unfortunately, people die from hunger more than they die from any infectious diseases.

Now, if we dive into the argument that the right to food is not justiciable, we must remember that its inclusion as an FPSP is notable because it serves as a guide to the interpretation of fundamental rights, including the right to life under article 32. Many international organizations and covenants (of which Bangladesh is a ratifier) recognize this right as a fundamental human right, such as UDHR, ICESCR, CEDAW, and CRC. More importantly, it has been stated as a violation of the covenants if any discrimination in access to food and means and entitlements for its procurement constitutes[4]. Even being such an essential right, it is now not the point of concern amidst the inflation problem. The price hike in foods and commodities obstructs people from leading their lives normally. They are being deprived of their basic needs, and their rights to life are being curtailed at large. If we take the constitutional approach, the right to life and the right to health is inextricably linked to the ‘right to food. So ultimately, violation of the right to food directly or indirectly accounts for over half of the deaths in the world.

Nevertheless, while this inflation rate threatens our rights, the concerned authority might come to justify this by using the veil of state emergency. Sub-clause C of article 142 empowers the president with the right to suspend any fundamental rights conferred by part III of the constitution during the emergency[5]. These provisions could have been properly justified if the term “internal disturbance” in clause A of article 143 had been defined in our constitution. Due to the absence of an explicit definition, the executive can easily misuse the emergency power. Furthermore, in the name of emergency, it is really susceptible to curtail the exercise of our guaranteed fundamental rights.

Assessing the current situation, there might be a dispute over whether we are actually going in the same way as Srilanka or not. Irrespective of whether the answer is affirmative or negative, concerns should be put on the process to mitigate the problems that may arise due to the rising inflation rate. Instead of blaming the ongoing war or fate, we should keep in mind that this inflation rate might be the greatest reason our legal rights could be at stake. Because if anything like Srilanka happens, outrages of protest will end up questioning our freedom of right to assemble and expression and many more. So, this article is just to reminisce us to be readied for what could be happened and to leave us with the question - can we be able to celebrate the next Constitutional day with the same enthusiasm if our constitutional rights themselves are at stake?

 


[1] “Bangladesh in economic turmoil over soaring commodity prices” https://www.dw.com/en/bangladesh-in-economic-turmoil-over-soaring-commodity-prices/a-61290191 accessed 29 July 2022

[3] The Report on "Inflation, Coping and Recovery Challenges".

[4] General comment no 18

[5] The Constitution of Peoples’ Republic of Bangladesh, art 141(C)

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