Fundamental Rights

As citizens of The People's Republic of Bangladesh, we have some exclusive rights that are guaranteed and protected by the supreme law of the land. These rights are called 'fundamental rights of the citizen'. The numbers of fundamental rights recognized by our constitution are mainly nineteen, which are directly related to the right of the citizens. Every national of this land should equally enjoy these rights. State is obligated to ensure these rights by virtue of the constitution. Nevertheless, it must be borne in mind that each of the fundamental rights is subject to reasonable restriction imposed by law. Otherwise, natives can exercise these rights without any kind of interference imposed by the executive. These rights are weapons for the mass people against the government. Moreover, any law inconsistent with the spirit of the fundamental rights is liable to be void.

High Court Division (HCD) of the Supreme Court makes safeguard of these rights on behalf of the national and when executive organ of the state tries to violate the rights given by the constitution, HCD prevents such action by its jurisdiction conferred by the Article 44 & 102 of the constitution of the People's Republic of Bangladesh. The following articles are the rights that are golden sticks of empowerment for us:

1). Art. 27-All citizens are equal before law and are entitled to equal protection of law
2). Art. 28(1)-The state shall not discriminate against any citizen on grounds only of religion, race, castle, sex or place of birth 3). Art. 28(2)-Women shall have equal rights with men in all spheres of the State and of public life 4). Art. 28(3) - No citizen shall, on grounds only of religion, race, castle, 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 5). Art. 29(1)-There shall be equality of opportunity for all citizens in respect of employment or office in the service of the Republic 6). Art. 29(2)-No citizen shall, on grounds only of religion, race, castle, sex or place of birth, be ineligible for or discriminated against in respect of any employment office in the service of the Republic 7). Art. 29(3)(a)-Nothing in this article shall prevent the State from making special provision in favor of any backward section of citizen for the purpose of securing there adequate representation in the service of the Republic.

8). Art. 29(3)(b)-Nothing in this article shall prevent the State from giving effect to any law which make provision for reserving appointments relating to any religious or denominational institution to persons of that religion or denomination
9). Art. 31-To enjoy the protection of law and to be treated in accordance with law, and only on 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 10). Art. 32- No person shall be deprived of life or personal liberty saves in accordance with law 11).Art. 33(1)-No person who is arrested shall be detained in custody without being informed, as soon as may be, of the ground for such arrest, nor shall he be detained the right to consult and be defended by a legal practitioner by his choice 12).Art. 33(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 magistrate, and no such person shall be detained in custody beyond the said period without the authority of the magistrate 13). Art. 34(1)-All form of forced labor are prohibited and any contravention of this provision shall be an offence punishable in accordance with law 14).Art. 35(5)-No person shall be subjected to torture or to cruel, inhuman or degrading punishment and treatment 15). Art. 39(1)-Freedom of thought and conscience is guaranteed 16). Art. 39(2)(a)- The right of every citizen to freedom of speech and expression 17). Art. 41 (1)-Subject to law, public order or 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 18). Art. 42(1)- Subject to any restriction 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.

However, the President can suspend some of these rights (Art. 36, 37, 38, 39, 40 & 42) by promulgating emergency. Therefore, it is the time to protect undue interference of the government to enjoyment of the fundamental rights and ensure proper remedies through court, if required.