THE FUNDAMENTAL RIGHTS: RIGHTS FOR THE PEOPLE OF BANGLADESH
The fundamental rights of the
people of Bangladesh have been enshrined in the constitution of the
country. All past laws inconsistent with these rights are made void by the
Constitution, and it enjoins upon the State not to make any law inconsistent
with these rights. Certain rights may, however, remain suspended under the
provisions of Articles 141(a), 141(b) and 141(c) during an emergency arising
out of a threat to the country's security or economic life.
Fundamental rights give the citizens dignity of life
in an atmosphere of freedom and justice beyond the man-made fetters that had
constricted their physical and mental horizons. The
modern judiciary is regarded as an excellent product of civilization to
put the concept of justice to work in the midst of divergent forces with a conflicting class or individual interests. Such
conflicts make it difficult to bring about equilibrium in the society for a
peaceful and orderly association of citizens for their common good. An
independent judiciary and strong democratic institutions are the best guarantees against assaults on the rights of
the citizens.
The fundamental rights of the people in Bangladesh
are listed under Articles 27 to 44 of Part III, and the jurisdiction of the High Court Division
of the Supreme Court to enforce the rights as
defined in Article 102 of Part Vl of the Constitution of 1972.
Articles 27 and 28 of the Constitution provide that
all citizens are equal before the law and
are entitled to equal protection of the law,
and the State shall not discriminate against any citizen on grounds only of
religion, race, caste, sex or place of birth. Articles 31 and 32 provide that
to enjoy the protection of the law, and to be treated in accordance with the law, is the inalienable right of every citizen,
and no action detrimental to the life, personal liberty, body, reputation or
property of any person shall be taken except in accordance with the law. Article 29 provides that there shall be
equality of opportunity for all citizens in respect of employment or office in
the service of the Republic irrespective of religion, race, caste, sex or place
of birth. Nothing in this article shall prevent the State from making special
provision in favor of any backward
section of citizens for the purpose of securing their adequate representation
in the service of the Republic.
Article 33 provides that no person who is arrested
shall be detained in custody without being informed 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. 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, and no such
person shall be detained in custody beyond the said period without the
authority of a magistrate except in the case of any person who for the time
being is an enemy alien, or who is arrested or detained under any law providing
for preventive detention.
Article 34 guarantees that all forms of forced labor are prohibited
and any contravention of this provision shall be an offense punishable in accordance with the law. Nothing in this article shall apply to compulsory labor by
persons undergoing lawful punishment for a criminal offense, or required by any law for public purposes.
Article 35 provides that no person shall be
convicted of any offense except for
violation of a law in force at the time of the commission of the act charged as
an offense, 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. Every person accused
of a criminal offense shall have the
right to a speedy and public trial by an independent and impartial court or
tribunal established by law. No person shall be subjected to torture or to
cruel, inhuman, or degrading punishment or treatment.
Article 36 provides that 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.
As per Articles 37 and 38, every citizen shall have the right to form associations or
unions, 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 morality, public order or public health. Freedom of
thought and conscience is guaranteed in Article 39 of the Constitution. Subject
to any reasonable restrictions imposed by law in the interest 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, the right of every citizen to freedom of speech and expression, and
freedom of the press are guaranteed.
Article 40 provides that subject to any restrictions
imposed by law, every citizen shall have the right to enter upon any lawful
profession or occupation, and to conduct any lawful trade or business. Article
41 provides that every citizen has the right to profess, practice or propagate
any religion, and every religious community has the right to establish,
maintain and manage its religious institutions. As per Article 42 of the Constitution, 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.
According to Article 43,
every citizen shall have the right to be secured in his home against entry,
search and seizure, and to the privacy of his correspondence and other means of
communication.
Article 44 guarantees the right of every citizen to
move the High Court Division in accordance with clause (1) of Article 102 for the
enforcement of any of the fundamental rights conferred by Part III of the
Constitution.
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