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Fundamental Rights

Fundamental Rights under Constitution of People’s Republic of Bangladesh

Sl

Article

Description of Rights

1

27

Equality before law:  All citizens are equal before law and are entitled to equal protection of law.

2

28(1)

Discrimination on grounds of religion, etc: The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth.

3

28(2)

Equality between men and women: Women shall have equal rights with men in all spheres of the State and of public life.

4

29(1)

Equality of Opportunity in Public Appointment: There shall be equality of opportunity for all citizens in respect of employment or office in the service of the Republic.

5

31

Right to Protection of Law: 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.

6

32

Protection of Right to Life and Liberty: No person shall be deprived of life or personal liberty save in accordance with law.

7

33

Safeguard 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 rounds for such arrest, nor shall he be denied the right to consult and 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.

8

34

Prohibition as to forced labour: All forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.

9

35

Protection in respect of trial and punishment: (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 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.

10

36

Freedom of Movement: 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.

11

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 or public health.

12

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.

13

39

Freedom of thought and conscience and speech: Freedom of thought and conscience is guaranteed.

14

40

Freedom of profession or occupation: 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.

15

41

Freedom of religion : (1) Subject to law, public order and morality –

(a) every citizen has the right to profess, practise 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.

16

42

Rights to property: 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.

 

17

43

Protection of home and correspondence: 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.

18

44

Enforcement of fundamental rights: The right to move the High Court Division in accordance with [Clause (1)] of article 102, for the enforcement of the rights conferred by this Part is guaranteed.

 

 

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