Rights Under the Constitution of Bangladesh
The Constitution of Bangladesh, adopted in 1972, is the cornerstone of the nation’s legal and political framework. It not only establishes the structure of governance but also guarantees fundamental rights to all citizens. These rights are enshrined in Part III of the Constitution, reflecting the values of justice, equality, and freedom. In this blog, we explore the various rights provided under the Constitution of Bangladesh and their significance in protecting individual freedoms and promoting social harmony.
Fundamental Rights Guaranteed by the Constitution
1. Right to Equality (Article 27)
The Constitution ensures that all citizens are equal before the law and are entitled to equal protection under it. This provision prohibits discrimination on grounds such as race, religion, caste, sex, or place of birth.
2. Prohibition of Discrimination (Article 28)
Article 28 expands on the right to equality by explicitly prohibiting discrimination in access to public facilities, employment, and education. It also mandates affirmative action for women, children, and disadvantaged groups.
3. Freedom of Thought, Conscience, and Speech (Article 39)
The Constitution guarantees every citizen the right to freedom of thought and conscience, along with freedom of speech and expression, subject to reasonable restrictions for public order, morality, or security.
4. Freedom of Religion (Articles 41-42)
Freedom to practice, profess, and propagate any religion is a fundamental right. The Constitution ensures religious freedom while maintaining the secular character of the state.
5. Protection of Life and Personal Liberty (Article 32)
The Constitution recognizes the right to life and personal liberty as inviolable, except according to the law. This right forms the foundation of individual freedom and human dignity.
6. Safeguards Against Arbitrary Detention (Article 33)
No person can be detained without being informed of the reasons for their arrest. The right to consult a legal practitioner and present a defense is also guaranteed.
7. Right to Property (Article 42)
Citizens have the right to own, acquire, and dispose of property. However, this right is subject to reasonable restrictions for public interest or national development.
8. Right to Education (Article 17)
Although not explicitly listed as a fundamental right, Article 17 emphasizes free and compulsory education for children, underlining the state’s commitment to ensuring literacy and educational access.
9. Protection of Privacy (Article 43)
The Constitution guarantees the privacy of correspondence and other means of communication, ensuring personal information is safeguarded from unauthorized intrusion.
10. Right to Remedy (Article 44)
Citizens can move the High Court Division for enforcement of their fundamental rights. This provision empowers individuals to seek legal recourse against violations.
Limitations on Fundamental Rights
While the Constitution guarantees these rights, it also allows for reasonable restrictions in certain circumstances:
- Public Order and Security: Rights like freedom of speech may be curtailed if they threaten public order.
- National Interest: Property rights can be restricted for land reforms or public projects.
- Morality and Decency: Restrictions can be imposed to uphold societal values.
These limitations aim to balance individual freedoms with the collective interests of society.
Enforcement of Fundamental Rights
The judiciary plays a crucial role in upholding constitutional rights. The High Court Division of the Supreme Court has the authority to issue writs such as habeas corpus, mandamus, prohibition, certiorari, and quo warranto to enforce these rights. Citizens can directly approach the court if their fundamental rights are violated.
Challenges and Reforms
Despite the robust framework, challenges persist in ensuring the full realization of constitutional rights. Issues like lack of awareness, judicial delays, and systemic corruption hinder access to justice. Reforms are needed to strengthen legal aid services, enhance judicial efficiency, and promote civic education.
Conclusion
The rights enshrined in the Constitution of Bangladesh are a testament to the nation’s commitment to democracy, justice, and equality. While challenges remain, the constitutional framework provides a solid foundation for protecting individual freedoms and fostering a fair society. Understanding and exercising these rights is vital for every citizen to contribute to the development of a just and prosperous Bangladesh.