Harmonious Society Act
A cornerstone of the highly hierarchical and militarised Imperial State of Babkha during its latter years prior to the Holocaust of 1598, the Harmonious Society Act was the ultimate manifestation of totalitarian Khanism which saw the Euran kingdom reorganised into a police state wholly dedicated to the reconquest of the continent through victory in the Euran Cold War. The act would subsequently provide a template for the Neo-Babkhan revival manifested in the Suren Confederacy in the late 1680's AN.
Text
The Harmonious Society [Codification of Orthodoxy] Act 1390
An act for the establishment of the Harmonious Society and its fundamental law wherein and whereby discipline, order and piety are established within a framework of orthodoxy and shah-loyalty for the glory of the Rastakhiz.
BE IT ENACTED by His Imperial Majesty’s especial grace and Kharenah, granted by Zurvan, by and with the advice of the Satrapan Lords Temporal here assembled, and by the authority of the same as follows:-
Preliminary Provision: This Act may be cited as the General Act for the Harmonious Society of the Kingdom of Babkha and the Codification of its Orthodoxy.
Section I: Obligations and Rights of the Citizen
Article 1
(1) The exercise of such civil rights and freedoms as may be granted is dependent upon the quality of the citizen and the degree of entitlement thereof guaranteed herein, subject only to such reasonable limits prescribed by law and custom, as can be demonstrably justified in a community brought together by freedom of association and a shared belief in the Community of the Babkhan Realm. a. The quality of the citizen shall be defined as his inherent or attained degree of Babkhan Virtue, as recognised under Law. b. Babkhan citizenship shall not be merely granted on the basis of geographical or contextual accident but must be earned to a standard that is satisfactory to the authority. (2) As per Article 9 of the Babkhan Constitution of 1389, the citizen is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, regardless of race, place of origin, beliefs, or the manner of worship with which Zurvan is honoured but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely: a. Life, liberty, security of the person, the enjoyment of property and the protection of the law; b. Freedom of conscience and religion, of expression (including freedom of the press) and of peaceful assembly and association; and c. Protection for his family life, his personal privacy, the privacy of his home and other property and from deprivation of property without fair compensation.
Article 2
(1) Every citizen of Babkha has the right to enter, remain in and leave Babkha without forfeiture of citizenship except for violations of the laws of the Babkhan Realm. (2) Every citizen of Babkha has the right; a. to move to and take up residence in any Ostans; and b. to pursue the gaining of a livelihood in any Ostans. (3) The rights specified in section (2) are subject to; a. any acts, Imperial Farmans or customary practices generally applied and in force in an Ostans; and b. any acts or Imperial Farmans providing for reasonable residency requirements as a qualification for the receipt of publicly provided gratuities, benefits, largesse or patronage.
Article 3
(1) Every citizen has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice of the Babkhan State (2) Every citizen has the right on arrest or detention; a. to be informed of the reasons therefore; b. to retain and instruct counsel; and c. to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.
Article 4
Any person charged with an offence has the right to be informed of the specific offence and to be presumed innocent until proven guilty according to law in a fair and public hearing conducted in accordance with the Article _ of this Code.
Article 5
(1) Every citizen, subject to the provisions of this Code, is equal before the law and as subject to it has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based the individuals determining biological, social, and cultural characteristics. (2) Article 5(1), shall not be deemed to apply to those designated within this Act as not being in possession of a legal persona, or deprived of the same by lawful due process. (3) Citizens of the Kingdom of Babkha shall consider it their civic duty to report all illegal personas to the state security apparatus, the Artesh-e Parcham Narenji, as defined under Article 3 of the Imperial Services Act 1390.
Section II: Citizenship
Article 6
Citizenship can be obtained in one of two ways: (1) By Entitlement of Birth: a. A person who is the lawful child of a citizen shall be accorded the right of citizenship upon reaching the age of maturity, in this instance given to be sixteen (16) years of age, subject to the submission of an authenticated application. b. Minor status is given to all lawful children under the age of sixteen (16). The responsibility to provide adequate care and nurturing for a minor is the responsibility of the parent(s). Parent(s) are accorded all adult rights and responsibilities for their children until they are of legal age (16+). (2) By Naturalisation: a. Any person may, upon application in person, be registered as citizen.
Article 7
(1) The application must contain : a. Name & Surname of Applicant b. Date of Birth of Applicant c. Sex of Applicant d. Electronic Address of Applicant e. The Highest Completed Graduation of Applicant, with Specification of Field of Study f. Indication of Ostans in which the Applicant Desires to Reside. g. Name the applicant wishes to use in the Imperial State of Babkha if different to a. (2) The application may contain indication of religious conviction of the applicant or any other information the applicant deems necessary for the competent office to know.
(3) Application is only valid after introduction of the applicant in person to the Babkhan populace on a public place within the Kingdom or one of its protectorates.
Article 8
(1) All persons applying for Babkhan citizenship are required to undergo a background check by the state security apparatus. This process extends to previous citizenships, political activity, criminal convictions and military and subversive activity. (2) The results of the initial interview are defined as follows: a. PASS b. DEFER c. FAIL (3) Where PASS results in the applicant undertaking standard prospective citizenship, DEFER results in the extension of the prospective citizenship period, and FAIL results in the application being terminated for a period of at least six months. (4) Following a successful background check, applicants are required to Applicants are required to take the Oath of Allegiance should they receive a PASS or DEFER result. Upon doing so they become Prospective Citizens.
Article 9
(1) Prospective Citizens shall be interviewed by an official from the relevant state authority to obtain information about the character, disposition, qualifications and suitability of the candidate for Babkhan citizenship. (2) The period of Prospective Citizenship lasts for four weeks, or as long as a DEFER result states is necessary. (3) A Prospective Citizen is supervised by a relevant official who both monitors their progress and offers advice and assistance in integrating into the social, cultural and political body of the Kingdom.
Article 10
(1) Prospective Citizens are not allowed to: a. Hold a commission in the Artesh-e Parcham Narenji of the Imperial Babkhan Armed Forces; b. Stand for elected office; c. Vote in elections; d. Own more than twenty camels; e. Hold Vizieral or Satrapy office.
Article 11
(1) At the end of the period of Prospective Citizenship the person’s supervisor will file a report with the relevant authority recommending whether or not the Prospective Citizen be granted Babkhan citizenship, or if the period be further extended. Such recommendations are subject to the veto of the Shahanshah on the advice of the Artesh-e Parcham Narenji. (2) If the application is granted, this shall be communicated to the applicant, upon which the applicant shall have all rights and duties as given to him or her under the Constitution and Laws of the Kingdom of Babkha.
Article 12
(1) Reasons for denying citizenship a. A person shall not be registered as citizen if: i. the applicant is the head of state or other public officer of a state with which the Kingdom of Babkha is currently at war; or ii. the applicant is obliged by an oath of allegiation to any government of such state; or iii. applicant was deprived of citizenship under Article _ of this Act iv. the applicant is considered a threat to the Kingdom of Babkha
Article 13
Subject to an accepted recommendation to be granted full citizenship, Prospective Citizens are elevated to the status of full citizens by the Shahanshah. Following from this period the person possesses full citizenship of the Kingdom of Babkha, and the rights and duties it affords.
Article 14
(1) Active citizenship is defined as possessing full citizenship of the Kingdom of Babkha and participating in its affairs. This is defined as maintaining contact with citizens of the Kingdom by means of its forums or other means of communication or performing duties for the Kingdom in an official capacity. (2) Taking an official, announced Leave of Absence not longer than four weeks has no effect on the active status on a citizen.
Article 15
Passive citizens are those full citizens not meeting the criteria defined in Article 12, or who have been absent from the Kingdom for a period greater than six weeks.
Article 16
(1) Passive citizens are removed from the register of electors. (2) Passive citizens are neither allowed to stand for election nor hold public office. (3) Passive citizens and may be dismissed from employment in the Kingdom without recourse, whether by their employer or by a lawfully competent officer of the Kingdom.
Article 17
Passive citizens may return to active status by making a formal request with the relevant authority. They are then subject to a one-month period of reintegration during which they are prohibited from obtaining security clearance or running for the office of Grand Vizier.
Article 18
In matters of conflict of interest regarding citizenship, Babkhan citizenship takes priority. No Babkhan citizen may claim immunity from Babkhan law by means of invoking sovereign or diplomatic immunity conferred by any foreign authority.
Article 19
Babkhan citizenship does not automatically protect against the obligations a citizen has towards another foreign power unless specified in another Act of the Majlis or else it can be determined that such obligations would be detrimental to the good of the Kingdom.
Article 20
(1) Babkhan citizenship may only be revoked if a. the citizen declares before the relevant authority the intention not to be a citizen anymore b. the citizen is deprived of citizenship under Article 21 of this code; c. the citizen is found guilty of an offence listed in Article 22 of this act.
Article 21
The Shahanshah or, under his special authorisation, the relevant authority may deprive of citizenship any citizen who shall endanger the Kingdom or internal national life or institution in such manner that it satisfied declaration of a state of public emergency as defined by the Constitution, whether it was declared or not.
Article 22
(1) It is an offence to obtain citizenship by deception, defined as giving false information to the relevant authority with the intention of obtaining citizenship or office in the Kingdom of Babkha. (2) It is an offence to make numerous simultaneous applications for citizenship. (3) It is an offence to attempt to obtain citizenship for a false identity. (4) It is an offence to fail to disclose information relevant to an application for citizenship to the relevant authority. (5) A person who is deprived of citizenship may demand before the Supreme Court that it be determined whether or not there was a reason for deprivation of citizenship under Article 21 of this Code. The decision of the Supreme Court shall be final. If the Supreme Court decides that there was no reason under the precedent section, a person shall be regarded as if they never ceased to be citizen.
Article 23
The Shahanshah is exempted from rules regarding citizenship.
Article 24
The Shahanshah may, by Imperial Farman, grant honorary citizenship to any person, Babkhan citizen or foreigner, who has provided an exceptional service to the Kingdom of Babkha.
Section III: Subjects of the Kingdom
Article 25
(1) All persons, including the quick and the dead, whether they are of the past, the present or the future, who have their domicile within the bounds of the Kingdom of Babkha at its maximal extent shall be deemed for the purposes of law to be subject to the Imperial Crown. (2) There exists within the Kingdom of Babkha an ethnographic hierarchy which complements and reinforces the ordered virtue of the Kingdom. This hierarchy consists of ethno-linguistic castes that are recognised as being naturally grouped in the following manner: a. Babki (including Báatharzi, Erani & Kumaranchi) b. Subjects of a Protectorate Regime c. Euran Subordinated Tribes d. External Settlers of Eura e. Bandaka (Tudeh, Mondesian, other groups and individuals tainted by impurity and Caste Shame) (3) The definition, regulation and maintenance of the ethnographic hierarchy shall be the responsibility of the competent authority as provided for by this Code.
Article 26
(1) Category A Subjects of the Kingdom of Babki ancestry, including Báatharzi, Erani & Kumaranchi ethnic groups, constituting the core Babki nation, shall be deemed to be eligible for Babkhan Citizenship upon application, subject to the approvals process as set out in Section II. (2) Category B Subjects of Royal fiefs and Babkhan protectorates under direct control of the crown are not automatically regarded Babkhan citizens as defined under this act. (3) In case such persons do not already possess Babkhan citizenship, they may become citizens if: a. they lodge an application in accordance with Article 7 of this Code; or b. the competent official of the protectorate lodges a request with the relevant authority to grant Babkhan citizenship to a list of citizens of the protectorate. The list should contain, for each listed person, all information as the relevant authority requires and a proof of application for citizenship in the protectorate. (4) Category C Subjects are defined typically as being of nomadic and indigent stock, including sand-tinkers, gun-wallahs, Kobaid Cossacks, itinerant merchants of no fixed abode belonging to tribal entities existing on the societal periphery of the Imperial State but nonetheless subordinate to the Imperial Crown. The trucial nature of the tribal association with the crown precludes the granting of citizenship. (5) Category D Subjects include Yehudi (Benacian & Euran) of the Migrations of the 3rd Intermediate Period brought under the jurisdiction of the Imperial Crown by the retrocession of the Norashti Coast as well as other exogenous settlers and their descendents within territories destined to be restored to the Kingdom. The regulation of their participation within civil society and its nature shall be subject to special arrangements provided for by the competent authority. (6) Category E Subjects, known as Bandaka, the descendents of Tudeh and Mondesians, disadvantaged by the taint of caste shame, shall be subject to such rehabilitation and work to welfare programmes as shall be devised by the competent authority provided for in this Code. Until their rehabilitation is completed they shall be deemed to be the Unlawful Poor and shall not enjoy legal rights associated with the person.
Section IV: The Law of Households
Article 27
(1) A household shall be defined, for the purpose of this Code, as a grouping of lawfully constituted persons who are mutually interdependent and who come under the authority of an individual with sole responsibility for the household who shall be known as the Master of the Household. a. The Master of the Household shall be in all instances the most senior citizen of the household (paterfamilias) with the highest category as defined in Article 26 of this Code. b. A household shall consist of those persons between who there does exists either direct bonds of kinship and obligation or else directly contracted relations between the person and the Master of the Household. c. The qualifying condition for those persons as outlined shall be that their primary domicile shall be within the residential property owned exclusively by the Master of the Household. (2) The residential property, to qualify as lawful household residence, shall consist of the following key elements: a. An outer perimeter wall of 15 metres in height, in which no opening shall exist wider than a gun-loop aperture, save for the main gate which shall be the primary entrance to the premises, as well as any guarded postern as may be prudent to add. The wall shall include a covered walkway. b. A dry ditch of 3 metres depth, set before the perimeter wall and surrounding it, which shall be kept free of spoil nor fouled with drainage and sewage from the jub channels of the street. c. A driveway of the residential connecting to the street as well as garages, stables and other non-domestic structures shall be set no less than 1 metre before the drawbridge which will be set across the dry-ditch and links the driveway to the main perimeter gate. d. A raised mud-brick platform consisting of a standard measure 10 metres in height & 20 metres in length and 40 metres in width (a ratio of 1:2:4) which shall serve as the foundation of the property and into which shall be set such struts, beams, pipes and wires as shall be necessary for the structure set upon it. Structures requiring a larger platform shall, upon application, be licensed by the Satrap of the Ostan in which the property is set however a deviation from the ratio shall not be permitted except by the licence of the Emir with authority over the Ostan. e. A residential structure, the heart of the property which itself shall consist of no more than five storeys and will include four walls and strongly barred door as the sole means of access. The property shall include a roof and other protective screens such as are necessary to protect the modesty of the domestic quarters. The structure shall be of fired brick or stone or concrete. Wood and flammable materials are not to be left exposed; except for decorative effect and where this is the case shall be treated with flame retardants. f. A courtyard and garden open to the sun but protected from the inclement elements, in which fellow citizens and visiting government officials can be greeted and shown hospitality. There shall be sufficient space for the visitor to pitch a tent for the duration of their stay or else guest quarters away from the domestic quarters, with no connecting access except through the courtyard, shall be provided. g. The Household must retain a company of twenty men, to live at all times upon the perimeter walls and in the stables and garages outside of the household residence, who shall be contractually obligated to give their lives upon the defence of the said perimeter to defend the honour of those who dwell within against trespassers, Tudehs and aggressors against the dignity of the Kingdom. The sentence of death shall be upon the Master of the Household who surrenders his Household to foreigners or members of the lower orders without first offering a fight and shedding the blood of the transgressors. h. Sufficient quantities of food, water & defensive stores shall be maintained by the Household at the Master of the Household’s own expense in order to sustain it for a period thirty days in the event of disorders, invasion or the declaration of a state of emergency by the Shahanshah. (3) No citizen who cannot afford the construction or proper maintenance of a lawful household residence shall be permitted to establish a household to which household rights are conferred. (4) It shall be an offence for visitors of below Category C, D & E Subject status to pass beyond the perimeter gate of a Household except on the occasion of being inducted into the Household under contractual obligation.
Article 28
(1) The Master of the Household may be of either sex but shall be a Babkhan citizen of means and seniority without equal in the Household he or she establishes. (2) The Master of the Household may contract a marriage. Marriage is a formally contracted agreement with lawful intent consisting of the forming of a union with a partner of the opposite sex for the purpose of begetting lawful heirs to the Household and the social standing of the Master of the Household. a. The eligible marriage partner shall be a citizen or a Category A or B Subject but who shall not be of a greater social standing than the Master of the Household. b. The Master of the Household may contract any number of marriages according to his or her capacity and want and the offspring arising of these shall be entitled to the social standing of the partner but only the first born of the most senior, by social standing and then by precedence in marriage order sequence, shall be regarded as the heir to the Household and the social standing of the Master of the Household. c. In the event of pregnancy yielding twins or multiples the firstborn shall be the heir. If by caesarean section the first to be removed shall likewise inherit. If by error it can not be properly determined or recollected which was born the first a coin will be tossed to determine the result and the supervising doctor or midwife will be declared attainted of caste shame and put to death as a nonperson for the unwarranted complication arising thereof. (3) The Master of the Household may contract relationships with other persons such as is to his or her liking regardless of sex or gender for the purpose of recreation and the enjoyment thereof. a. Partners and offspring derived thereof may be provided for adequately but shall be debarred from the inheritance of the household. b. Recreational partnerships shall not be contracted with citizens of equal standing as to do so will leave the consenting partner attainted of caste shame. (4) Partners to Marriage and contractual relationships predicated on recreation must be of an age such as is sufficient for it to be given to confer informed consent by virtue of reason.
Article 29
No matter in what way the Master of the Household may dispose of his or her estate, and appoint heirs to the same, or guardians; it shall have the force and effect of law, except in those instances where it is contrary to law as expressed in this Code.
Article 30
Nothing shall prohibit the Satrapan and Imperial Households of the Emirs from organising their households in the manner most fitting to them as is appropriate for the caste that is apart from the common masses.
Section V: The Lawful Poor
Article 31
(1) The Lawful Poor are for the purpose of this Act to be deemed as those Category A & B Subjects who have not attained citizenship, have not formed a household and do not form a part of a household. (2) These Subjects, having attested to their poverty in a sworn deposition to the Satrap of their Ostan or one of his sworn deputies, shall receive a licence certificating their status as a Lawful Pauper and stating their name and particulars, including their domicile. This licence shall serve as their identification papers giving them leave to remain within the Ostan as well as their internal passport which shall enable their regulated transit within the Kingdom. a. The licence may be inspected, amended and or confiscated by any duly authorised Satrapan official or Yemin Zoka Gendarme of the Imperial Babkhan Armed Forces. After each inspection or amendment the licence shall be stamped by the duly authorised officer. b. In the event of the licence being confiscated the subject of the licence shall attend upon the confiscator and return hence with him to the nearest facility of the state security apparatus where his lawfulness shall be determined and if appropriate revalidated. c. In the event of a confiscated licence being invalidated, the invalidated subject shall be rendered into the custody of the state security apparatus for processing and downgrading re-categorisation by appropriate local authorities. (3) On application to the Satrap a Lawful Pauper may request re-categorisation if they have attained citizenship and meet the property qualification sufficient to become the Master of a Household. This shall however be subject to such administrative fees as the Satrap may deem appropriate. a. If successful in his application the Satrap may grant manumission to the Lawful Pauper. b. An unsuccessful application will initiate further investigation of the hitherto Lawful Pauper who may as a consequence be rendered into the custody of the state security apparatus for processing and downgrading re-categorisation by appropriate local authorities.
Article 32
(1) A Lawful Pauper may subsist by his own means earning to the value of 10 camels or 10,000 Rials (which ever value is the greater at the time) before his net worth and person shall become liable for direct taxation by the Satrapan local authorities, the Yemin Zoka or the agents of an Emir operating in the locality as tax farmers for the Imperial Government. (2) However, upon supplication, a Lawful Pauper may request and be granted, for an appropriate consideration, the sponsorship of a Satrap or Emir which in return for a monthly tithe of ten percent of his net income for that month shall grant a supplementary licence entitling the Sponsored Pauper to own property and operate small medium enterprises to the value of 100,000 Rials or 100 Camels (whichever value is greater at the time). (3) The Sponsored Poor shall be eligible for such rations, grain doles and lotteries as the Satrapan and Emirate Authorities shall deem fit from time to time to organise. (4) The Sponsored Pauper may also apply for employment by the Imperial Government.
Article 33
(1) A Lawful Pauper who lacks the means to subsist by his own wherewithal shall be assessed for utility and enrolled in the Imperial Labour Reserve. The Imperial Labour Reserve as shall be provided for in this Act is responsible for the provision of semi-skilled labour to the industrial and commercial concerns of the Kingdom and its corporate partners. (2) If deemed no longer viable the Lawful Pauper shall have his licence revoked and be as a consequence rendered into the custody of the state security apparatus for processing and downgrading re-categorisation by the appropriate local authorities.
Article 34
Any Lawful Pauper against whom the determination has been made that they shall be downgraded from their current status shall as a consequence be deemed to have been attainted by caste shame and shall be re-categorised as a Category E Subject and deprived of the associated rights of the person, becoming in common parlance the Unlawful Poor.
Section VI: Final Provisions
Article 35
Nothing in this act shall prevent the Shahanshah, the appropriate Ministry with responsibility for defence, nor the Grand Commander, from issuing farmans, ordinances and instructions in accordance with their established remits.
Article 36
Unless otherwise stated the competent authority for the administration of this Act shall be the Vezârat-e Keshvar.
Article 37
(1) This Act has the short title of the Harmonious Society Act 1390. (2) This Act shall come into force upon the receipt of Imperial Assent
