The Fundamental rights (Articles 37-47a)

In the Constitution of Bangladesh

 An Assignment
On
The Fundamental Rights (Articles 37-47A)
In the Constitution of Bangladesh

Course Code: GED-122

Course Title: Bangladesh Studies

Submitted To
Ram Proshad Barman

Lecturer, (Sociology)

Department of Business Administration,

Leading University

Submitted By
Student’s Name Student ID NO.
1. Jakia Akter Mitu 1611010001
2. Remon Ahmed 1611010003
3. Joynob Chowdhury Sunnah 1611010010
4. Sadman Chowdhury 1611010023
5. Afsana Begum Jui 1611010026

Department of Business Administration,

Leading University

Submission Date
9th August, 2016
 Acknowledgement
In performing our assignment, we had to take the help and guideline of some respected persons,
who deserve our greatest gratitude. The completion of this assignment gives us much pleasure.
We would like to show our gratitude to those persons for giving us a good guideline for this
assignment throughout numerous consultations. We would also like to expand our deepest
gratitude to all those who have directly and indirectly guided us in writing this assignment.

In addition, Special thanks to Our Lecturer, Mr. Ram Proshad Barman who introduced us to the
Methodology of work, and whose passion for the “underlying structures” had lasting effect.
 Table of Contents

Contents Page

Chapter 1 : Introduction 1-2

1.1 Objective of the study 2

1.2 Methodology 2

1.5 Scope of the study 2

1.6 Limitation 2

Chapter 2: Overview of Fundamental 3-4

Rights in the Constitution of Bangladesh
2.1 What is Rights? 3

2.2 What are Human rights? 3

2.3 What are fundamental rights? 3

2.4 Fundamental Rights In Bangladesh 4

Constitution
Chapter 3: Overview of the Articles (37- 5-9
47A) of the Fundamental Rights in the
Constitution of Bangladesh
37. Freedom of assembly 5

38. Freedom of association 5

39. Freedom of thought and conscience, 5-6

and of speech
40. Freedom of profession or occupation 6

41. Freedom of religion 6

42. Rights to property 6

43. Protection of home and correspondence 7

44. Enforcement of fundamental rights 7

45. Modification of rights in respect of 7

disciplinary law
46. Power to provide indemnity 7

47. Saving for certain laws 7-9

47A. Inapplicability of certain articles 9

Chapter 3: Recommendations & 10-11

Conclusion
3.1Recommendations 10

3.2 Conclusion 11

References 12
 Chapter 1: Introduction

The Constitution of Bangladesh (Bengali: বববববববববব ববববববব Bangladesher

Shongbidhan) is the supreme law of the People's Republic of Bangladesh. It was adopted on
November 4, 1972. The constitution establishes a unitary state and a Westminster form of
unicameral parliamentary democracy. The entire legislative, executive and judicial activities of
the state are guided and regulated by the constitution. In all countries here where
constitutionalism prevails, ordinary men and women are more or less knowledgeable about their
country’s constitution and are vigilant and vocal to a man to assert and preserve the constitution
and their constitutional rights. They do not leave their constitution in the hands of constitutional
lawyer’s judge and academicians. Each citizen is a defender of the constitution. Article 21 of the
constitution says that “it is the duty of every citizen to observe the constitution and the laws, to
maintain discipline, to perform public duties and to protect public property.”

This dissertation is mainly focusing on the features of fundamental rights in the constitution of
Bangladesh inspired by the Universal Declaration of Human Rights, 1948; the constitution of
Bangladesh enumerated some basic civil and political rights common to most liberal
democracies and also insures the rights to constitutional remedies for the protection of these
rights. In addition, the fundamental rights of the constitution of Bangladesh are aimed at
overturning the inequalities of past social practice. It prohibits discrimination on the grounds of
religion, race, sex, color place of birth and forbid trafficking human being and forced labor.

This assignment is merely focusing on the features of fundamental rights as have been preserved
in the constitution of Bangladesh. The frames of Bangladesh have been discussed in Article basis
starting from the preamble of the constitution. The frames of these constitutions practically show
concern for necessity of protecting human rights and ensuring fundamental freedoms. In the
preamble of the constitution they declared that it shall be a fundamental object of the state to
realize through the democratic process a society free from exploitation, a society in which the
rule of law, the fundamental human rights and freedom, equality and justice, political,
economical and social will be secured for all citizens.
1.1 Objectives of the Study
Primary Objectives
 To present an overview of the last 12 articles(37-47a) of fundamental rights in the
constitution of Bangladesh
 To present an introduction of fundamental rights in the constitution of Bangladesh.
 To present a conclusion on fundamental rights in the constitution of Bangladesh.
Secondary Objectives
 To get knowledge on the last 12 articles(37-47a) of fundamental rights in the constitution
of Bangladesh
 To fulfill the requirements of the assignment program.

1.2 Methodology:
 For the purpose of the assignment information has been collected from both primary and
secondary sources. The relevant information collected from primary sources is collected
in an informal way. We have taken some suggestions orally from some respectable
persons. The secondary sources for information were also taken from official page of The
Constitution of the People’s Republic Of Bangladesh.
1.3 Scope of the Study:
 The scope of the study is limited within the fundamental rights in the constitution of
Bangladesh. It is also limited within the introduction the fundamental rights in the
constitution of Bangladesh. Here we discuss mostly with the matter related to the topics
of the report.

1.4 Limitation
 The major limitation factor for this report is that Data from different sources were quite
inconsistent which created some problems in making the assignment & compelled us to
verify the information diligently. The limit was also a fact because at same time we are
doing our classes, other assignments. So, it was quite hard to keep everything at a run.
 Chapter 2: Overview of Fundamental Rights in the Constitution of
Bangladesh

2.1 What is Rights?

Before understanding fundamental rights are should have idea about rights and human rights.
Rights mean a claim of some interests adverted by an individual or a group of individual which
has either moral or legal basis and which is essential for his development in the society. In a
sense right not created by law it originates itself as an obvious result of mutual interaction
between man and society. Rights are primarily divided in to two categories-moral rights and
legal rights.

2.2 What are Human rights?

The term “human rights” which does not mean any right is used in special sense. Human rights
are those of legal and moral rights which can be claimed by any person for the very reason that is
a human being. These rights come with birth and applicable to all people through out the world
irrespective of their race, color, sex, language or political or other opinion. These are therefore
those rights that are inherent in human person and without which they cannot live as human
beings.

2.3 What are fundamental rights?

The term fundamental right is a technical one, for when certain human rights are written down in
a constitution and protected by constitutional guarantees they are called fundamental rights. They
are called fundamental rights in that sense that they are placed in the supreme or fundamental
2.4 Fundamental Rights In Bangladesh Constitution

23 fundamental rights have been enumerated in the constitution commencing from Article 26 to
47A. All of these rights are civil and political rights. These 18 fundamental rights may be firstly
divided into two groups:

The fundamental rights are as follow:

26. Laws inconsistent with fundamental rights to be void

27. Equality before law
28. Discrimination on grounds of religion, etc.
29. Equality of opportunity in public employment
30. Prohibition of foreign titles, etc.
31. Right to protection of law
32. Protection of right to life and personal liberty
33. Safeguards as to arrest and detention
34. Prohibition of forced labor
35. Protection in respect of trial and punishment
36. Freedom of movement
37. Freedom of assembly
38. Freedom of association
39. Freedom of thought and conscience, and of speech
40. Freedom of profession or occupation
41. Freedom of religion
42. Rights to property
43. Protection of home and correspondence
44. Enforcement of fundamental rights
45. Modification of rights in respect of disciplinary law
46. Power to provide indemnity
47. Saving for certain laws
47A. Inapplicability of certain articles
 Chapter 3: Overview of the Articles (37-47A) of the Fundamental
Rights in the Constitution of Bangladesh

PART III
FUNDAMENTAL RIGHTS
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 then 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.

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.

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.

42. Rights to property

1. 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,
nationalized or requisitioned save by authority of law.
2. A law made under clause (1) of this article shall provide for the acquisition, nationalization or
requisition with compensation and shall fix the amount of compensation or specify the principles
on which, and the manner in which, the compensation is to be assessed and paid ; but no such
law shall be called in question in any court on the ground that any provision of the law in respect
of such compensation is not adequate.
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-
1. To be secured in his home against entry, search and seizure; and
2. To the privacy of his correspondence and other means of communication.

44. Enforcement of fundamental rights

1. 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.
2. Without prejudice to the powers of the High Court Division under article 102, Parliament may
by law empower any other court, within the local limits of its jurisdiction, to exercise all or any
of those powers.

45. Modification of rights in respect of disciplinary law

Nothing in this Part shall apply to any provision of a disciplinary law relating to members of a
disciplined force, being a provision limited to the purpose of ensuring the proper discharge of
their duties or the maintenance of discipline in that force.

46. Power to provide indemnity

Notwithstanding anything in the foregoing provisions of this Part, Parliament may by law make
provision for indemnifying any person in the service of the Republic or any other person in
respect of any act done by him in connection with the national liberation struggle or the
maintenance or restoration of other in any area in Bangladesh or validate any sentence passed,
punishment inflicted, forfeiture ordered, or other act done in any such area.

47. Saving for certain laws

1. No law providing for any of the following matters shall be deemed to be void on the ground
that it is inconsistent with or takes away or abridge any of the rights guaranteed by this Part.
a. The compulsory acquisition, nationalization or requisition of any property, or the control or
management thereof whether temporarily or permanently;
b. The compulsory amalgamation of bodies carrying on commercial or other undertakings;
c. the extinction, modification, restriction or regulation of rights of directors, managers, agents
and officers of any such bodies, or of the voting rights of persons owning shares or stock (in
whatever form) therein;

d. The extinction, modification, restriction or regulation of the right to search for or win minerals
or mineral oil;
e. The carrying on by the Government or by a corporation owned, controlled or managed by the
Government, of any trade, business, industry or service to the exclusion, complete or partial, or
other persons; or

f. The extinction, modification, restriction or regulation of any right to property, any right in
respect of a profession, occupation, trade or business or the rights of employers or employees in
any statutory public authority or in any commercial or industrial undertaking; if Parliament in
such law (including, in the case of existing law, by amendment) expressly declares that such
provision is made to give effect to any of the fundamental principles of state policy set out in
Part II of this Constitution.

2. Notwithstanding anything contained in this Constitution the laws specified in the First
Schedule (including any amendment of any such law) shall continue to have full force and effect,
and no provision of any such law, nor anything done or omitted to be done under the authority of
such law, shall be deemed void or unlawful on the ground of inconsistency with, or repugnance
to, any provision of this Constitution:
Provided that nothing in this article shall prevent amendment, modification or repeal of any such
law.

3. Notwithstanding anything contained in this Constitution, no law nor any provision thereof
providing for detention, prosecution or punishment of any person, who is a member of any
armed or defense or auxiliary forces or any individual, group of individuals or organization or
who is a prisoner of war, for genocide, crimes against humanity or war crimes and other crimes
under international law shall be deemed void or unlawful, or ever to have become void or
unlawful, on the ground that such law or provision of any such law is inconsistent with, or
repugnant to, any of the provisions of this Constitution.

47A. Inapplicability of certain articles

1. The rights guaranteed under article 31, clauses (1) and (3) of article 35 and article 44 shall not
apply to any person to whom a law specified in clause (3) of article 47 applies.
2. Notwithstanding anything contained in this Constitution, no person to whom a law specified in
clause (3) of article 47 applies shall have the right to move the Supreme Court for any of the
remedies under this Constitution.
 Chapter 3: Recommendations & Conclusion

3.1Recommendations: We have been observed that the constitution of Bangladesh has

included all the basic attributes of fundamental rights. But practically sometimes the government
is compelled to violate the fundamental rights of the people in Bangladesh due to some
unavoidable circumstances. The ruling class should be truly respectful to the fundamental rights
of the people. There should not be any international barrier Created by government for political
interest and to oppress the opposite. It is the responsibility of the government to limit the events
to violate the fundamental rights of the people and try their best respond these rights in some
very rare cases where there is no really no other alternative and which is truly done for the sake
of the country s overall benefit with no purpose of self interest of the ruling party some more
restriction and controlling can be developed in the constitution of our country to regulate and
prevent the indiscriminate and whimsical violation of the rights by the ruling power furthermore,
the consciousness rights. So their rights cannot be violated by the ruling class for their self
interest. An independent judiciary and strong democratic institutions are the best guarantee
against assaults on the rights of the citizens
3.2 Conclusion:
“Rights in fact are those conditions of social life without which no man can seek in general to be
himself at his best” – (Laski).
Fundamental rights are a charter of rights contained in the Constitution— of Bangladesh. We
hold these truths to be self-evident. All men are created equal. They are endowed by their creator
with certain inalienable to secure these rights, government are instituted among men, deriving
their just powers form the consent of the governed. That whenever any form of government
becomes destructive of those ends, it shall be the right of the people to alter or abolish it and to
institute new government, laying its foundations upon such principles, and organizing its power
in such forms, as shall seem to them most likely to effect their safety and happiness. It
guarantees civil liberties such that all Bangladeshis can lead their lives in peace and harmony as
citizens of Bangladesh. Fundamental Rights and Duties are of no use until we use our rights for
the betterment of our society. Only written things are of no use until we make it in our practice.
It’s time we live our differences behind, come together and fight for things that are
fundamentally right. Let’s show them our strengths in numbers and solidarity.
References:
 http://bdlaws.minlaw.gov.bd/pdf_part.php?id=367
 https://en.wikipedia.org/wiki/Constitution_of_Bangladesh#Par
t_II:_Fundamental_principles_of_state_policy
 http://hrlibrary.umn.edu/research/bangladesh-constitution.pdf