Skip to content
  • Facebook
  • X
  • Linkedin
  • WhatsApp
  • YouTube
  • Associate Journalism
  • About Us
  • Privacy Policy
  • 033-46046046
  • editor@artifex.news
Artifex.News

Artifex.News

Stay Connected. Stay Informed.

  • Breaking News
  • World
  • Nation
  • Sports
  • Business
  • Science
  • Entertainment
  • Lifestyle
  • Toggle search form
  • Rishi Sunak Reveals Most Common Things He Shares With Akshata Murty
    Rishi Sunak Reveals Most Common Things He Shares With Akshata Murty World
  • 4,6,6,4,4,4 – Rishabh Pant Blazes Costliest Over Of IPL 2024, Shah Rukh Khan Reacts. Watch
    4,6,6,4,4,4 – Rishabh Pant Blazes Costliest Over Of IPL 2024, Shah Rukh Khan Reacts. Watch Sports
  • Prosecute Manipur Chief Minister, 10 Kuki-Zo MLAs To Probe Panel Amid Audio Clip Leak Row
    Prosecute Manipur Chief Minister, 10 Kuki-Zo MLAs To Probe Panel Amid Audio Clip Leak Row Nation
  • Timeless Vision redeems herself by winning the Donegal Plate
    Timeless Vision redeems herself by winning the Donegal Plate Sports
  • A.P. government, Kia Motors sign MoU for ₹12 crore ITI project in Penukonda
    A.P. government, Kia Motors sign MoU for ₹12 crore ITI project in Penukonda Business
  • Access Denied Sports
  • US Diplomat Slams Racism Against Indian Americans After Remarks On Harris
    US Diplomat Slams Racism Against Indian Americans After Remarks On Harris World
  • CPI (M), CPI, VCK flay Centre for increasing price of commercial gas cylinders, move to reduce 29,000 jobs in Indian Railways
    CPI (M), CPI, VCK flay Centre for increasing price of commercial gas cylinders, move to reduce 29,000 jobs in Indian Railways Nation
What does Bangladesh’s constitution state about religious freedom? 

What does Bangladesh’s constitution state about religious freedom? 

Posted on December 2, 2024 By admin


Bangladesh Hindus shout slogans during a protest rally to demand that the interim government withdraw all cases against their leaders and protect them from attacks and harassment in Dhaka, Bangladesh, on November 2.
| Photo Credit: AP

The desecration of Hindu temples in Bangladesh and the arrest of Hindu monk Chinmoy Krishna Das on sedition charges is not only a violation of Bangladesh’s constitutional promises but also a negation of international human rights law. Human rights are not the internal matters of any country and thus, India is fully justified in expressing its concerns about the violation of minority rights in Bangladesh. However, the Bangladesh Foreign Ministry’s reply has been disappointing, indicative of how a country which violates minority rights usually responds.


Also Read:Bangladesh must protect rights of all religious minorities: India

Some 20 million Hindus, Christians, Buddhists and Ahmadiyyas who constitute the minorities in Bangladesh cannot be left at the mercy of the interim government that has not shown any sign of taking concrete steps against the Islamist majoritarian mob except a visit to Dhakeshwari temple by Muhammad Yunus who heads the current political dispensation. The kind of religious freedom the Bangladesh constitution guarantees to its religious minorities must be revisited by the interim government.

Four fundamental principles

Pakistan was created through the divisive and erroneous two nation theory of Veer Savarkar and Muhammad Jinnah. No nation is to be created in the name of religion. Proving the theory wrong within 25 years, Pakistan itself got partitioned with the creation of a new country — Bangladesh. This new country was created not in the name of religion but on the basis of the secular and liberal ‘Bangla’ nationalism. The constitution was adopted by the Constituent Assembly on November4, 1972. The constitution also mentioned that this date corresponds to the 18th Day of Kartick, 1379 B.S.

The preamble of the Bangladesh constitution mentions nationalism, democracy, socialism and secularism as its fundamental principles. Unlike India, their commitment to socialism has been explicitly mentioned and the preamble says that the fundamental aim of the state is to realise through democratic process a socialist society free from exploitation — a society in which rule of law, fundamental human rights and freedoms, and equality and justice will be provided to all citizens.

Islam as state religion

Though the original Bangladesh constitution was secular, the military dictator Ziaur Rahman in 1977 removed ‘secularism’ from it, and in 1988, General Ershad got Article 2A inserted in the constitution which laid down Islam as the state religion. This new Article says that the state religion of the Republic is Islam and that other religions may be practiced in peace and harmony. This kind of provision is there both in Sri Lanka as well as Bhutan. But the High Court and the Supreme Court struck down the amendment in 2005 and 2010 respectively. The court said that even though Islam is the state religion, the constitution remains secular. In a 186-page judgment, the court observed that the “preamble and the relevant provision of the constitution in respect of secularism, nationalism and socialism as existed on August 15, 1975 [Mujeebur Rahman was assassinated on this day] will revive.” It observed that “omitting secularism, one of the state policy from the constitution, destroyed one of the basis of our struggle for freedom and also changed the basic character of the Republic as enshrined in the preamble as well as Article 8(1) of the constitution.”


Also Read: ​Targeting minorities: On the state of Bangladesh 

On June 30, 2011, the constitution was again amended through the 15th amendment and the term ‘secular’ was reinserted. The amendment removed the expression ‘absolute faith and trust in Allah’ from the preamble but retained above the preamble expression ‘in the name of Allah, the beneficent, the merciful’ that was added in 1997. To accommodate other religions, it also mentions ‘in the name of Creator, the merciful.’ Thus Allah was changed to Creator. The court also invalidated the 5th amendment that permitted political parties based on religion.

Rejection of religious discrimination

Article 2A stated that the religion of the Republic would be Islam but that the state shall ensure equal status and equal rights to Hindus, Buddhists, Christians and other religions. Here there seems to be a contradiction — Islam is the state religion yet other religions have also been given ‘equal status’ and ‘equal rights’. In the classical secular formulation, this is not right. However, it seems that this declaration of Islam as state religion in Bangladesh was similar to the status of the king in the United Kingdom as the ‘defender of faith’ and ‘Supreme Governor of the Church of England.’ King Charles on May 6, 2023 took the oath to ‘uphold the laws of God and the true profession of the Gospel, maintain the Protestant reformed religion established by law and reserve the settlement of the Church of England.’

Article 8(1) of the Bangladesh constitution mentions secularism along with nationalism, democracy and socialism as the fundamental principles of state policy. Article 12 was revived by the 15th amendment and it explains what will be the essential ingredients of secularism in Bangladesh and how secularism will be achieved. It says that the principles of secularism shall be realised by the elimination of communalism in all forms; where the state shall not grant political status in favour of any religion; where abuse of religion for political purposes and any discrimination against or persecution of persons practising a particular religion is prohibited. With such a clear cut and progressive provision, whatever happening today is contrary to the constitutional mandate and Bangladeshi courts must immediately intervene just like in 2005 and 2010.

Article 38 that deals with the fundamental right to form associations prohibits the formation of unions or associations for the purposes of destroying the religious, social and communal harmony among the citizens or if such associations are formed for the purposes of creating discrimination among the citizens on the grounds of religion, race, caste, place of birth or language etc. or if objects of such associations are contrary to constitution.

Additionally, Article 23A imposes a duty on the state to protect and develop the unique local culture and tradition of the tribes, minor races, ethnic sects and communities of Bangladesh. Unlike Pakistan’s constitution, there is no Muslim qualification to the office of President or other constitutional offices.

Absolute freedom of religion

Bangladesh’s constitution in an independent article (Article 39) guarantees freedom of thought and conscience. India does not have freedom of thought as a fundamental right but freedom of conscience has been included as part of the freedom of religion in Article 25. Article 41 of Bangladesh’s constitution guarantees freedom of religion. It says that every citizen ‘subject to public order and morality’ has the right to profess, practise or propagate any religion. Like our Article 26, Article 41(b) gives the right to every religious community or denomination to establish, maintain and manage its religious institutions. Similarly just like our Article 28, Article 41(c) of Bangladesh’s constitution lays down that no person attending any educational institution shall be required to receive religious instruction or 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. The difference between the two provisions is while we do not permit any religious instruction in any institution that is maintained out of state funds or is recognised by the government, Bangladesh permits religious instruction but only of one’s own religion.

Article 28(1) is a replica of our Article 15 and prohibits the state from discriminating against any citizen on grounds of religion, race, caste ,sex or place of birth. It also states that no citizen shall on grounds 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. Our Article 15 does not mention educational institutions and gives the right to access only to places maintained wholly or partly out of state funds or dedicated to the use of the general public. Thus, Bangladesh’s constitution completely prohibits any discrimination on the grounds of religion.

The interim Bangladesh government is thus duty bound to honour these sacred constitutional promises to retain people’s trust in it.

Faizan Mustafa is a constitutional law expert and Vice-Chancellor of Chanakya National Law University, Patna.

Published – December 02, 2024 08:30 am IST



Source link

World Tags:Bangladesh religious rights, Freedom of religion in Bangladesh, religious freedom in Bangladesh, What are the religious rights in Bangladesh?, What is Article 41 of the Constitution of Bangladesh?

Post navigation

Previous Post: ‘Blocked Bottle’ Kylian Mbappe Strikes As Real Madrid Beat Getafe
Next Post: S Jaishankar To Speak On India-China Ties

Related Posts

  • Thousands of Philippine schools suspend in-person classes due to heat
    Thousands of Philippine schools suspend in-person classes due to heat World
  • Access Denied World
  • Access Denied World
  • BJP targets Congress after U.S. cancels programme for ‘voter turnout’ in India
    BJP targets Congress after U.S. cancels programme for ‘voter turnout’ in India World
  • Israel-Hamas war | Woke up to sound of sirens, spent time in shelters: Indian evacuees recount horror
    Israel-Hamas war | Woke up to sound of sirens, spent time in shelters: Indian evacuees recount horror World
  • Gaza Undertakers Stacking “Graves On Top Of Graves”
    Gaza Undertakers Stacking “Graves On Top Of Graves” World

More Related Articles

Car Thefts Soar By 19% In New York, Police Blame TikTok Challenge Car Thefts Soar By 19% In New York, Police Blame TikTok Challenge World
‘Won’t apologise’, Trump says after his racist post about Obamas is deleted after backlash ‘Won’t apologise’, Trump says after his racist post about Obamas is deleted after backlash World
IMF, World Bank hold first meetings in Africa in 50 years IMF, World Bank hold first meetings in Africa in 50 years World
Access Denied World
AI Improves Creativity In Stories, Reduces Diversity: Study AI Improves Creativity In Stories, Reduces Diversity: Study World
Trump considering ‘alternatives’ to Boeing for Air Force One contract Trump considering ‘alternatives’ to Boeing for Air Force One contract World
SiteLock

Archives

  • October 2026
  • September 2026
  • August 2026
  • July 2026
  • June 2026
  • May 2026
  • April 2026
  • March 2026
  • February 2026
  • January 2026
  • December 2025
  • November 2025
  • October 2025
  • September 2025
  • August 2025
  • July 2025
  • June 2025
  • May 2025
  • April 2025
  • March 2025
  • February 2025
  • January 2025
  • December 2024
  • November 2024
  • October 2024
  • September 2024
  • August 2024
  • July 2024
  • June 2024
  • May 2024
  • April 2024
  • March 2024
  • February 2024
  • January 2024
  • December 2023
  • November 2023
  • October 2023
  • September 2023
  • August 2023
  • July 2023
  • June 2023
  • May 2023
  • April 2023
  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022

Categories

  • Business
  • Nation
  • Science
  • Sports
  • World

Recent Posts

  • Delhi journalist who accused ACP of sexual harassment slapped with SC/ST Act over ‘casteist remarks’
  • Three Indians killed in Germany building fire: reports
  • Govt. to roll out National Electricity Data Sharing framework in October: Power Secretary
  • BCCI steps in to prevent further forfeitures by Arunachal Pradesh
  • TCCI seeks review of steep parking, access charges at Thiruvananthapuram airport

Recent Comments

  1. RobertTes on UP Teacher Who Asked Students To Slap Muslim Classmate
  2. Manuelret on UP Teacher Who Asked Students To Slap Muslim Classmate
  3. RobertTes on UP Teacher Who Asked Students To Slap Muslim Classmate
  4. RobertTes on UP Teacher Who Asked Students To Slap Muslim Classmate
  5. BrentWes on UP Teacher Who Asked Students To Slap Muslim Classmate
  • On CCTV, Woman, Man Seen With Rifles Carrying Deadly Turkey Attack
    On CCTV, Woman, Man Seen With Rifles Carrying Deadly Turkey Attack World
  • Poorly thought out: U.S. Congress delegation leader Ami Bera slams H-1B visa hike
    Poorly thought out: U.S. Congress delegation leader Ami Bera slams H-1B visa hike World
  • Ex-TMC MLA Nirmal Ghosh arrested in connection to hurried cremation of RG Kar rape victim’s body
    Ex-TMC MLA Nirmal Ghosh arrested in connection to hurried cremation of RG Kar rape victim’s body Nation
  • ISRO successfully executes SpaDeX docking experiment; India joins elite club of nations
    ISRO successfully executes SpaDeX docking experiment; India joins elite club of nations Science
  • Chance for India’s emerging talent to enhance credentials
    Chance for India’s emerging talent to enhance credentials Sports
  • Access Denied
    Access Denied Nation
  • On Christmas Eve, American Airlines Grounds All Flights In US For An Hour
    On Christmas Eve, American Airlines Grounds All Flights In US For An Hour World
  • CRICKET | TN eases past Maharashtra for C.K. Nayudu Trophy title
    CRICKET | TN eases past Maharashtra for C.K. Nayudu Trophy title Sports

Editor-in-Chief:
Mohammad Ariff,
MSW, MAJMC, BSW, DTL, CTS, CNM, CCR, CAL, RSL, ASOC.
editor@artifex.news

Associate Editors:
1. Zenellis R. Tuba,
zenelis@artifex.news
2. Haris Daniyel
daniyel@artifex.news

Photograher:
Rohan Das
rohan@artifex.news

Associate Journalists
1. Subrata Paul - AN/2020/01
2. Quamruz Zaman - AN/2021/22
3. Ahmed Sha - AN/2021/035
4. Ajay Kumar Shaw - AN/2021/39
5. Tahqiqul Hoda - AN/2021/21

Artifex.News offers Online Paid Internships to college students from India and Abroad. Interns will get a PRESS CARD and other online offers.
Send your CV (Subjectline: Paid Internship) to internship@artifex.news

Links:
Associate Journalism
About Us
Privacy Policy

News Links:
Breaking News
World
Nation
Sports
Business
Entertainment
Lifestyle

Registered Office:
72/A, Elliot Road, Kolkata - 700016
Tel: 033-22277777, 033-22172217
Email: office@artifex.news

Editorial Office / News Desk:
No. 13, Mezzanine Floor, Esplanade Metro Rail Station,
12 J. L. Nehru Road, Kolkata - 700069.
(Entry from Gate No. 5)
Tel: 033-46011099, 033-46046046
Email: editor@artifex.news

Copyright © 2023 Artifex.News Newsportal designed by Artifex Infotech.