Bangladesh is a South Asian country. 95% of population are Bengali. By
religion, 90% are Muslim, 9% Hindu. At 1,48,560 square kilometers, the
country has a population of about 170 million - the highest in the world
in terms of density. The average population of the world is about 58
people per square kilometer, while in Bangladesh it is 1,144 people.
If anyone tries to suspend or repeal the constitution, or try to seize
power illegally, the punishment is death. No one in the state will be
discriminated against on the grounds of gender, place of birth,
religion, caste etc. or deprived of state employment. Everyone has the
right to freedom of peaceful assembly and forming association.
Regardless of the actual situation, everyone has freedom of speech under
Article 39 of the Constitution.
These are positive aspects. Now let's discuss the negative aspects.
The constitution does not recognize regional languages. The state
language is Bengali. The state religion is Islam. In a simple way,
Bangladesh is for "Bengali Muslim" citizens. What is even more bizarre
is that according to Article 8 of the Constitution, Secularism is a
basic principle of the state, as well as the state religion is Islam
according to Article 2A. The two opposing clauses prevail
simultaneously. The main objective is to capture all kinds of vote
banks.
According to Article 70 of constitution, if a Member of
Parliament votes against the party in Parliament, his membership will be
canceled.
Admirable Articles of Bangladesh’s Constitution
7A. Offence of abrogation, suspension, etc. of the Constitution
- If any person, by show of force or use of force or by any other un-constitutional means-
- abrogates, repeals or suspends or attempts or conspires to abrogate, repeal or suspend this Constitution or any of its article; or
- subverts or attempts or conspires to subvert the confidence, belief or reliance of the citizens to this Constitution or any of this article,
- his such act shall be sedition and such person shall be guilty of sedition.
- If any person-
- abets or instigates any act mentioned in clause (1); or
- approves, condones, supports or ratifies such act,
- his such act shall also be the same offence.
- Any person alleged to have committed the offence mentioned in this article shall be sentenced with the highest punishment prescribed for other offences by the existing laws.
28. Discrimination on grounds of religion, etc.
1. The State shall not discriminate against any citizen on ground 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.
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;
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.
32. Protection of right to life and personal liberty
No person shall be deprived of life or personal liberty save in accordance with law.
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 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 be law prescribe the procedure to be followed by an Advisory Board in an inquiry under clause.
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.
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:
Provided that no person shall have the right to form, or be a member of the said association or union, if-
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.
39. Freedom of thought and conscience, and of speech
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 of freedom of speech and expression; and
b. freedom of the press
are guaranteed.
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.
Facts of Bangladesh’s Constitution
2A. The state religion
The state religion of the Republic is Islam, but the State shall ensure equal status and equal right in the practice of the Hindu, Buddhist, Christian and other religions.
3. The state language
The state language of the Republic is Bangla.
4A. Portrait of the Father of the Nation
The Portrait of the Father of the Nation, Bangabandhu Sheikh Mujibur Rahman shall be preserved and displayed at the offices of the President, the Prime Minister, the Speaker and the Chief Justice and in head and branch offices of all government and semi-government offices, autonomous bodies, statutory public authorities, government and non-government educational institutions, embassies and missions of Bangladesh abroad.
9. Nationalism
The unity and solidarity of the Bangalee nation, which, deriving its identity from its language and culture, attained sovereign and independent Bangladesh through a united and determined struggle in the war of independence, shall be the basis of Bangalee nationalism.
69. Penalty for member sitting or voting before taking oath
If a person sits or votes as a member of Parliament before he makes or subscribes the oath or affirmation in accordance with this Constitution, or when he knows that he is not qualified or is disqualified for membership thereof, he shall be liable in respect of each day on which he so sits or votes to a penalty of one thousand taka to be recovered as a debt due to the Republic.
70. Vacation of seat on resignation, etc.
- A person elected as a member of Parliament at an election at
which he was nominated as a candidate by a political party shall vacate
his seat if he-
- resigns from that party; or
- votes in Parliament against the party;
- but shall not thereby be disqualified for subsequent election as a member of Parliament.
