FUNDAMENTAL RIGHTS IN BANGLADESH
Article-27
Equality before law.
All
citizens are equal before law and are entitled to equal protection of law.
Article-28
Discrimination on grounds of religion, etc.
(1) The
State shall not discriminate against any citizen on grounds only of religion,
race caste, sex or place of birth.
(2)
Women shall have equal rights with men in all spheres of the State and of
public life.
(3) No
citizen shall, on grounds only of religion, race, caste, sex or place of birth
be subjected to any disability, liability, restriction or condition with regard
to access to any place of public entertainment or resort, or admission to any
educational institution.
(4)
Nothing in this article shall prevent the State from making special provision
in favour of women or children or for the advancement of any backward section
of citizens.
Article-29.
Equality of opportunity in public employment.
(1)
There shall be equality of opportunity for all citizens in respect of employment
or office in the service of the Republic.
(2) No
citizen shall, on grounds only of religion, race, caste, sex or place of birth,
be ineligible for, or discriminated against in respect of, any employment or
office in the service of the Republic.
(3) Nothing
in this article shall prevent the State from -
(a) Making
special provision in favour of any backward section of citizens for the purpose
of securing their adequate representation in the service of the Republic;
(b) Giving
effect to any law which makes provision for reserving appointments relating to
any religious or denominational institution to persons of that religion or
denomination; reserving for members of one sex any class of employment or
office on the ground that it is considered by its nature to be unsuited to
members of the opposite sex.
Article-30.
Prohibition of foreign titles, etc.
No
citizen shall, without the prior approval of the President, accept any title, honor,
award or decoration from any foreign state.
Article-31.
Right to protection of law.
To
enjoy the protection of the law, and to be treated in accordance with law, and
only in accordance with law, is the inalienable right of every citizen,
wherever he may be, and of every other person for the time being within
Bangladesh, and in particular no action detrimental to the life, liberty, body,
reputation or property of any person shall be taken except in accordance with
law.
Article-32.
Protection of right to life and personal liberty.
No
person shall be deprived of life or personal liberty saves in accordance with
law.
Article-33.
Safeguards as to arrest and detention.
(1) No
person who is arrested shall be detained in custody without being informed, as
soon as may be of the grounds for such arrest, nor shall he be denied the right
to consult and be defended by a legal practitioner of his choice.
(2)
Every person who is arrested and detained in custody shall be produced before
the nearest magistrate within a period of twenty four hours of such arrest,
excluding the time necessary for the journey from the place of arrest to the
court of the magistrate, and no such person shall be detained in custody beyond
the said period without the authority of a magistrate.
(3)
Nothing in clauses (1) and (2) shall apply to any person-
(a) Who
for the time being is an enemy alien; or
(b) Who
is arrested or detained under any law providing for preventive detention.
(4) No
law providing for preventive detention shall authorize the detention of a
person for a period exceeding six months unless an Advisory Board consisting of
three persons, of whom two shall be persons who are, or have been, or are
qualified to be appointed as, Judges of the
Supreme
Court and the other shall be a person who is a senior officer in the service of
the Republic, has, after affording him an opportunity of being heard in person,
reported before the expiration of the said period of six months that there is,
in its opinion, sufficient cause for such detention.
(5)
When any person is detained in pursuance of an order made under any law
providing for preventive detention, the authority making the order shall, as
soon as may be, communicate to such person the grounds on which the order has
been made, and shall afford him the earliest opportunity of making a
representation against the order.
(6)
Parliament may be law prescribes the procedure to be followed by an Advisory
Board in an inquiry under clause (4).
article-34.
Prohibition of forced labor.
(1) All
forms of forced labour are prohibited and any contravention of this provision
shall be an offence punishable in accordance with law.
(2)
Nothing in this article shall apply to compulsory labour.
(a) by
persons undergoing lawful punishment for a criminal offence; or required by any
law for public purpose.
Article-35.
Protection in respect of trial and punishment.
(1) No
person shall be convicted to any offence except for violation of al law in
force at the time of the commission of the act charged as an offence, nor be
subjected to a penalty greater than, or different from that which might have
been inflicted under the law in force at the time of the commission of the
offence.
(2) No
person shall be prosecuted and punished for the same offence more than once.
(3)
Every person accused of a criminal offence shall have the right to a speedy and
public trial by an independent and impartial court or tribunal established by
law.
(4) No
person accused of any offence shall be compelled to be a witness against
himself.
(5) No
person shall be subjected to torture or to cruel, inhuman, or degrading
punishment or treatment.
(6)
Nothing in clause (3) or clause (5) shall affect the operation of any existing
law which prescribes any punishment or procedure for trial.
Article-36.
Freedom of movement.
Subject
to any reasonable restrictions imposed by law in the public interest, every
citizen shall have the right to move freely throughout Bangladesh Bangladesh
Article-37.
Freedom of assembly.
Every
citizen shall have the right to assemble and to participate in public meetings
and processions peacefully and without arms, subject to any reasonable
restrictions imposed by law in the interests of public order health.
Article-38.
Freedom of association.
Every
citizen shall have the right to form associations or unions, subject to any
reasonable restrictions imposed by law in the interests of morality or public
order;
Article-39.
Freedom of thought and conscience, and of speech.
(1)
Freedom or thought and conscience is guaranteed.
(2) Subject
to any reasonable restrictions imposed by law in the interests of the security
of the State, friendly relations with foreign states, public order, decency or
morality, or in relation to contempt of court, defamation or incitement to an
offence-
(a) The
right of every citizen of freedom of speech and expression; and freedom of the press,
are guaranteed.
Article-40.
Freedom of profession or occupation.
Subject
to any restrictions imposed by law, every citizen possessing such
qualifications, if any, as may be prescribed by law in relation to his
profession, occupation, trade or business shall have the right to enter upon
any lawful profession or occupation, and to conduct any lawful trade or
business.
Article-41.
Freedom of religion.
(1)
Subject to law, public order and morality-
(a) Every
citizen has the right to profess, practice or propagate any religion;
(b) Every
religious community or denomination has the right to establish, maintain and manage
its religious institutions.
(2) No
person attending any educational institution shall be required to receive
religious instruction, or to take part in or to attend any religious ceremony
or worship, if that instruction, ceremony or worship relates to a religion
other than his own.
42.
Rights to property.
(1) Subject
to any restrictions imposed by law, every citizen shall have the right to
acquire, hold, transfer or otherwise dispose of property, and no property shall
be compulsorily acquired, nationalized or requisitioned save by authority of
law.
(2) A
law made under clause (1) shall provide for the acquisition, nationalisation or
requisition with compensation and shall either fix the amount of compensation
or specify the principles on which, and the manner in which, the compensation
is to be assessed and paid; but no such law shall be called in question in any
court on the ground that any provision in respect of such compensation is not
adequate.
(3)
Nothing in this article shall affect the operation of any law made before the
commencement of the Proclamations (Amendment) Order, 1977 (Proclamations Order
No. I of 1977), in so far as it relates to the acquisition, nationalization or
acquisition of any property without compensation.
Article-43.
Protection of home and correspondence.
Every
citizen shall have the right, subject to any reasonable restrictions imposed by
law in the interests of the security of the State, public order, public
morality or public health-
(a) To
be secured in his home against entry, search and seizure; and to the privacy of
his correspondence and other means of communication.
Laws
inconsistent with fundamental rights to be void.
According
to the article-26 of the constitution:
(1) All
existing law inconsistent with the provisions of this Part shall, to the extent
of such inconsistency, become void on the commencement of this Constitution.
(2) The
State shall not make any law inconsistent with any provisions of this Part, and
any law so made shall, to the extent of such inconsistency, be void.
Enforcement of
fundamental rights.
(1) The right to move the
High Court Division in accordance with clause (I) of article 102 for the
enforcement of the rights conferred by this Part of guaranteed.
(2) Without prejudice to the
powers of the High Court Division under article 102, Parliament may be law
empowers any other court, within the local limits of its jurisdiction, to
exercise all or any of those powers.
According to the article 102
enforcement of fundamental rights are following ways……
(1) The High Court Division
on the application of any person aggrieved, may give such directions or orders
to any person or authority, including any person performing any function in
connection with the affairs of the Republic, as may be appropriate for the
enforcement of any the fundamental rights conferred by Part III of this
Constitution. This is called mandamus writ.
(2) The High Court Division
may, if satisfied that no other equally efficacious remedy is provided by law-
(a) on the application of any person aggrieved, make an order-
(i) directing a person performing
any functions in connection with the affairs of the
Republic or of a local
authority to refrain from doing that which he is not permitted by law to do or
to do that which he is required by law to do; this is called writ of
prohibition.
(ii) Declaring that any act
done or proceeding taken by a person performing functions in connection with
the affairs of the Republic or of a local authority has been done or
taken without lawful
authority and is of no legal effect; this is called writ of certiorari.
(b) on the application of
any person, make an order-
(i) directing that a person
in custody be brought before it so that it may satisfy itself that he is not
being held in custody without lawful authority or in an unlawful manner; this is called writ of habeas .
(ii) requiring a person
holding or purporting to hold a public office to show under what authority he
claims to hold that office. This is called writ of quo- warranto.
