Chapter Three

Fundamental Rights in the Constitution of Bangladesh

3.1 Introduction:

Part III of the Constitution of Bangladesh is dedicated to fundamental human rights and duties of
citizens. Freedoms and duties recognized by the Constitution are: right to protection of law, right
to life and personal liberty, prohibition of forced labour, protection in respect of trial and
punishment, freedom of movement, freedom of assembly, freedom of association, freedom of
thought and conscience, and of speech, freedom of procession or occupation, freedom of religion
and right to property. Article 14 states that it shall be a fundamental responsibility of the State to
emancipate the toiling masses the peasants and workers and backward sections of the people
from all forms and exploitation. Article 15 explicitly recognizes as a directive principle of the
State to attain, through planned economic growth, a constant increase of productive forces and a
steady improvement in the material and cultural standard of living of the people, with a view to
securing to its citizens the provision of the basic necessities of life, including food, clothing,
shelter, education and medical care; the right to work, that is the right to guaranteed employment
at a reasonable wage having regard to the quantity and quality of work; the right to reasonable
rest, recreation and leisure; and the right to social security, that is to say to public assistance in
cases of undeserved want arising from unemployment, illness or disablement, or suffered by
widows or orphans or in old age, or in other such case. The remaining articles provide various
guarantees for public health and morality, equality of opportunity, work as a right and duty,
duties of citizens and of public servants. 1

3.2 Equality before law 2

Article 27. All citizens are equal before law and are entitled to equal protection of law.

1
Constitution of Bangladesh. Fao, at, https://www.fao.org/faolex/results/details/en/c/LEX-FAOC117108/ (Accessed
on: 28/03/24)
2
The Constitution of the People‌‌‍’s Republic of Bangladesh, bdlaws, at, http://bdlaws.minlaw.gov.bd/act-367/part-
details-200.html (accessed on: 29/03/24)
3.3 Discrimination on grounds of religion, etc.

Article 28. (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.

3.4 Equality of opportunity in public employment 3

Article 29. (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;
(c) 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.
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The Constitution of the People‌‌‍’s Republic of Bangladesh, bdlaws, at, http://bdlaws.minlaw.gov.bd/act-367/part-
details-200.html (accessed on: 29/03/24)
3.5 Prohibition of foreign titles, etc.

Article 30. No citizen shall, without the prior approval of the President, accept any title, honour,
award or decoration from any foreign state.

3.6 Right to protection of law

Article 31. 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.

3.7 Protection of right to life and personal liberty

Article 32. No person shall be deprived of life or personal liberty save in accordance with law.

3.8 Safeguards as to arrest and detention 4

Article 33. (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

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The Constitution of the People‌‌‍’s Republic of Bangladesh, bdlaws, at, http://bdlaws.minlaw.gov.bd/act-367/part-
details-200.html (accessed on: 29/03/24)
 (b) Who is arrested or detained under any law providing for preventive detention.

(4) No law providing for preventive detention shall authorise 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:

Provided that the authority making any such order may refuse to disclose facts which such
authority considers to be against the public interest to disclose.
(6) Parliament may by law prescribe the procedure to be followed by an Advisory Board in an
inquiry under clause (4).

3.9 Prohibition of forced labour

Article 34. (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

(b) Required by any law for public purposes.

3.10 Protection in respect of trial and punishment 5

Article 35. (1) No person shall be convicted of any offence except for violation of a law in force
at the time of the commission of the act charged as an offence, nor be subjected to a penalty

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The Constitution of the People‌‌‍’s Republic of Bangladesh, bdlaws, at, http://bdlaws.minlaw.gov.bd/act-367/part-
details-200.html (accessed on: 29/03/24)
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.

3.11 Freedom of movement

Article 36. Subject to any reasonable restrictions imposed by law in the public interest, every
citizen shall have the right to move freely throughout Bangladesh, to reside and settle in any
place therein and to leave and re-enter Bangladesh.

3.12 Freedom of assembly

Article 37. 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 or public health.

3.13 Freedom of association

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Article 38. 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 : Provided that
no person shall have the right to form, or be a member of the said association or union, if-

6
Article 38 was substituted by the Constitution (Fifteenth Amendment) Act, 2011 (Act XIV of 2011), section 16.
 (a) It is formed for the purposes of destroying the religious, social and communal harmony
among the citizens;
(b) It is formed for the purposes of creating discrimination among the citizens, on the ground
of religion, race, caste, sex, place of birth or language ;
(c) It is formed for the purposes of organizing terrorist acts or militant activities against the
State or the citizens or any other country ;
(d) Its formation and objects are inconsistent with the Constitution.

3.14 Freedom of thought and conscience, and of speech 7

Article 39. (1) Freedom of 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 to freedom of speech and expression; and
(b) Freedom of the press,
Are guaranteed.

3.15 Freedom of profession or occupation

Article 40. 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.

3.16 Freedom of religion

Article 41. (1) Subject to law, public order and morality-

(a) Every citizen has the right to profess, practise or propagate any religion;

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The Constitution of the People‌‌‍’s Republic of Bangladesh, bdlaws, at, http://bdlaws.minlaw.gov.bd/act-367/part-
details-200.html (accessed on: 29/03/24)
 (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.

3.17 Rights to property 8

Article 42. (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, nationalised or requisitioned save by authority of law.

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(2) A law made under clause (1) of this article shall provide for the acquisition, nationalisation
or requisition with compensation and shall 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 of the law in
respect of such compensation is not adequate.

3.18 Protection of home and correspondence

Article 43. 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
(b) To the privacy of his correspondence and other means of communication.

8
ibid
9
Substituted for the former clause (2) and (3) by the Constitution (Fifteenth Amendment)
Act, 2011 (Act XIV of 2011), section 17.