The recent violence against Hindus and desecration of temples in Bangladesh has sparked intense discussion about minority rights. Do these actions violate Bangladesh’s constitutional commitments? The Constitution of Bangladesh came into force in November 1972, and it contains many provisions protecting the rights of minorities in the country.
Since gaining independence in 1971, Bangladesh has emerged as one of the world’s most active constitutional laboratories. At the time of its independence, Bangladesh carried the weight of Pakistan’s colonial legacy. Despite this, the country issued a complete constitution on November 4, 1972, less than 325 days after independence.
The first step towards constitution-making was the promulgation of the Bangladesh Constituent Assembly Ordinance on March 23, 1972, which established the Constituent Assembly. The 430-member Constituent Assembly held its inaugural two-day session on May 10, 2072. On the first day, the assembly adopted its procedure by electing the Speaker and Deputy Speaker. The next day, a 34-member constitution drafting committee was formed under the chairmanship of Law and Parliamentary Affairs Minister Dr. Kamal Hussain.
The drafting committee held 74 meetings and spent about 300 hours to complete the work. They have called for proposals from individuals and organizations for consideration during constitution making. Abul Fazal Haque, in his article Constitution making in Bangladeshnotes that reaction was limited, possibly because general agreement had been reached on the fundamentals of the constitution.
The last meeting of the committee was held on October 11, 1972 after the passage of the Constitution Bill. Most of the objections were raised by opposition members of the National Awami Party, who proposed the recommendations and described the 14 articles as undemocratic.
On October 12, the Constitution Bill was introduced in the Constituent Assembly by the Law Minister and the draft was published in the leading newspapers of Bangladesh. It was emphasized that the constitution is based on the four basic principles of democracy, socialism, nationalism and secularism.
The final reading of the bill was held on November 4, 2072, in the speeches of the Prime Minister and members of the opposition. At 1:10 in the afternoon, the constitution of the People’s Republic of Bangladesh was passed unanimously. “It is rare for a document as important as the Constitution to be passed in the Constituent Assembly only 24 days after its commencement,” Haque remarked.
Perspectives of the Constitution of Bangladesh on Minorities
Minorities, including about 20 million Hindus, Christians, Buddhists and Ahmadis, form a significant part of Bangladesh’s population and are guaranteed rights under the constitution. The preamble outlines the core principles of nationalism, democracy, socialism and secularism, which form the basis of the state’s legal framework.
Article 2A declares Islam as the state religion, but ensures equal status and rights for followers of Hinduism, Buddhism, Christianity and other religions. In line with this, Article 8(1) enshrines secularism as a fundamental principle of state policy along with Bengali nationalism, democracy and socialism. After the 15th Amendment, Article 12 states how secularism shall be maintained by the State by ending all forms of communalism, including the granting of political status to any religion, the misuse of religion for political purposes and any discrimination or oppression of individuals. religious practices.
Further, Article 23A places responsibility on the state to preserve and promote the unique culture and traditions of the diverse tribes, minor castes, ethnic groups and communities within Bangladesh. Complementing this, Article 28(1) prohibits discrimination based on religion, race, caste, gender or place of birth by the state and ensures equal access of all citizens to public places, entertainment and educational institutions.
In addition, Article 38 guarantees the right to form associations but prohibits the creation of groups that tend to disturb religious, social, or communal harmony, or to discriminate on the basis of religion, race, caste, place of birth, or language. Together, these provisions reflect Bangladesh’s commitment to ensuring the rights and protection of its minority communities.
Article 41 guarantees religious freedom to every citizen to practice, practice or propagate any religion subject to public order and morality. Article 41(1)(b) ensures the right of religious communities to establish, maintain and manage their religious institutions. Additionally, Article 41(2), which mirrors Article 28 of India, protects the rights of students by ensuring that they are not required to receive religious education or participate in ceremonies related to religions other than their own.