Bangladesh at the Crossroads: Analyzing the Yunus Government’s Legitimacy and the Plight of Minorities

Listen to article Getting your Trinity Audio player ready...

Introduction: A Nation in Turmoil

The ousting of Sheikh Hasina in August 2024¹ and the subsequent ascension of Nobel laureate Muhammad Yunus to lead an interim government have plunged Bangladesh into a political and humanitarian crisis.

The legitimacy of the Yunus-led government has been hotly debated, with accusations of constitutional improprieties and procedural irregularities clouding its rise to power. Meanwhile, the Hindu minority, along with other marginalised communities, has faced unprecedented persecution, further aggravating the nation’s socio-political fabric.

This article considers the multiple dimensions of the current crisis—questioning the Yunus government’s legitimacy, scrutinising its failure to protect minorities, and analysing its actions under international law. As India navigates its role in this complex scenario, a calibrated yet bold approach is necessary to safeguard its national interests and regional stability.

The Dubious Legitimacy of the Yunus Government: A Constitutional Vacuum

Sheikh Hasina’s alleged resignation as Prime Minister remains shrouded in ambiguity. Bangladesh’s President, Mohammed Shahabuddin, admitted in an interview that he lacks documentary evidence of Hasina’s resignation², contradicting his earlier statement that her resignation letter had been received and accepted.

This inconsistency raises serious constitutional questions. Article 56(3)⁵ of the Bangladeshi Constitution mandates that a Prime Minister must command the support of Parliament. If Hasina’s resignation was not formalised and Parliament was not consulted, the formation of the interim government under Yunus lacks procedural legitimacy.

Adding to the confusion, the Supreme Court of Bangladesh provided advisory guidance under Article 106⁵ to address the “emerging situation.” While the court’s opinion aimed to fill a constitutional vacuum, it inadvertently bypassed the fundamental principles of separation of powers outlined in Articles 55⁵ and 56⁵. This judicial endorsement, devoid of parliamentary oversight, sets a dangerous precedent for constitutional subversion.

International Legal Implications

The doctrine of effective control in international law states that a government’s legitimacy derives from its adherence to constitutional norms and ability to govern effectively.

The Yunus government’s controversial rise undermines this doctrine. Furthermore, the absence of due process in Hasina’s resignation and the lack of parliamentary involvement violates Bangladesh’s obligations under international conventions, such as the International Covenant on Civil and Political Rights (ICCPR). 

Anti-Hindu Persecution: A Humanitarian Crisis 

Widespread Violence and State Complicity

Since Yunus assumed power, reports of anti-Hindu violence have surged. Over 120 Hindu temples have been desecrated, cultural sites destroyed, and thousands of Hindus displaced from their homes in regions like Khulna, Sylhet, and Mymensingh³.

The politically motivated arrest of prominent Hindu leaders, including Krishna Das Prabhu, has further silenced minority voices⁴. This targeted violence bears the hallmarks of crimes against humanity under Article 7⁶ of the Rome Statute, including persecution based on religious identity and the forcible transfer of populations.

Law enforcement agencies, constitutionally mandated to ensure equal protection under Article 27, have often turned a blind eye or actively facilitated these attacks. Victim testimonies reveal instances where police stood by during mob violence or refused to register complaints, highlighting institutional complicity.

Indicators of Genocidal Intent

The patterns of violence and displacement raise concerns of genocidal intent under Article II of the Genocide Convention⁷, which includes acts aimed at destroying a religious or ethnic group.

The desecration of temples and attacks on Hindu leaders are not isolated incidents but are part of a broader strategy to erode the community’s cultural and social identity. The government’s inaction further exacerbates this crisis, effectively normalizing anti-Hindu sentiment.

Bangladesh’s International Obligations and Failures: Violations of International Conventions

Bangladesh’s failure to protect its minorities constitutes a breach of several international treaties:

1. International Covenant on Civil and Political Rights (ICCPR) ⁸: Articles 18 and 27 guarantee freedom of religion and minority rights, which have been grossly violated under the Yunus regime.
2. Convention on the Elimination of All Forms of Racial Discrimination (CERD)⁹: Systematic discrimination against Hindus and other minorities contravenes Bangladesh’s commitment to eliminate racial and religious discrimination.
3. Universal Declaration of Human Rights (UDHR): Articles 2, 7, and 18, which uphold equality, non-discrimination, and freedom of belief, have been disregarded.

Responsibility to Protect (R2P)¹⁰

Under the UN-endorsed Responsibility to Protect (R2P) doctrine, Bangladesh is obligated to prevent genocide, war crimes, and crimes against humanity. The Yunus government’s failure to act against widespread violence and its complicity in targeting minorities highlight a flagrant disregard for these international norms.

  India’s Strategic Stake in Bangladesh Historical and Cultural Bonds

India and Bangladesh share a unique relationship rooted in historical and cultural ties. India’s intervention in the 1971 Liberation War underscores its commitment to Bangladesh’s sovereignty and secular identity.

However, the rise of anti-Hindu violence threatens to destabilise this relationship. For India, protecting Hindus in Bangladesh is not just a moral obligation but a strategic imperative, as their persecution could fuel communal tensions within its borders.

Realpolitik and Regional Stability

The Yunus government’s inability to curb extremism and ensure minority rights poses a direct challenge to India’s security and regional interests. The emergence of extremist elements under the guise of governance could embolden anti-India forces, disrupt trade routes, and complicate India’s Act East policy.

Furthermore, a refugee influx from Bangladesh, akin to the Rohingya crisis, would strain India’s resources and social fabric.

Options for India: Managing the Crisis

1. Diplomatic Engagement

India must leverage its diplomatic clout to pressure the Yunus government to uphold minority rights. Engaging with international allies and multilateral organisations like the UN Human Rights Council can amplify this message.

2. Economic Leverage

Conditional trade and aid policies can serve as effective tools to incentivise the Yunus government to curb anti-Hindu violence. Bangladesh’s reliance on Indian markets provides significant leverage in this regard.

3. Strengthening Regional Alliances

Collaborating with like-minded neighbors such as Bhutan and Nepal can help build a regional consensus against religious persecution, reinforcing India’s leadership in South Asia.

4. Support for Democratic Forces

India should unequivocally back secular and democratic forces, including Sheikh Hasina’s Awami League, to restore stability and uphold Bangladesh’s secular constitution.

5. Humanitarian Assistance

Providing refuge and aid to persecuted minorities demonstrates India’s commitment to human rights and bolsters its international reputation as a protector of vulnerable communities.

The Way Forward

Bangladesh stands at a critical juncture, with its secular and democratic fabric under siege. The Yunus government, marred by questions of legitimacy, has failed to protect its minorities, undermining both constitutional and international obligations.

For India, this crisis is not merely a bilateral issue, it is a regional challenge with far-reaching implications. Balancing realpolitik with principled leadership, India must act decisively to safeguard its strategic interests while upholding its moral responsibility to protect minorities.

By advocating for justice, supporting democratic forces, and engaging in strategic diplomacy, India can reaffirm its role as a stabilising force in South Asia. In doing so, it not only safeguards regional stability but also strengthens its position as a global leader committed to the values of democracy, secularism, and human rights.

References:

1. https://news.sky.com/story/bangladesh-prime-minister-resigns-after-deadly-prot ests-reports-13191184
2. https://indianexpress.com/article/news-today/documentary-hasina-resignation-p m-bangladesh-president-9632029/
3. https://www.abc.net.au/news/2024-08-13/bangladesh-hindu-protests-against-att acks-misinformation-spreads/104204946
4. https://www.connectedtoindia.com/bangladesh-iskcon-priest-known-for-protesti ng-anti-hindu-violence-arrested-over-sedition-charges/
5. Constitution of Bangladesh, Articles 27, 31, 32.
6. Rome Statute of the International Criminal Court, Article 7.
7. Genocide Convention, 1948, Article II.
8. International Covenant on Civil and Political Rights (ICCPR), 1966, Articles 18 and 27.
9. Convention on the Elimination of All Forms of Racial Discrimination (CERD).
10. Responsibility to Protect (R2P) Doctrine, UN General Assembly Resolution A/RES/60/1 (2005).
11. UNHCR, Report on Human Rights in Bangladesh, 2024.