Part ||| FUNDAMENTAL RIGHTS
26* Laws inconsistent with fundamental rights to be void:(1) All existing law inconsistent with the provisions of this Part shall to the extent of such inconsistency become void on the commencement of this Constitution.
(2)The State shall not make any law inconsistent with any provisions this Part and any law so made shall to the extent of such inconsistency, be void.
(3)Nothing in this article shall apply to any amendment of this Constitution made under article142.
27* Equality before law: All citizens are equal before law and are enititled to equal protection of law.
28* Discrimination on grounds of religion, etc:(1)The State shall not discriminate against any citizen on gronds only of religion, race, casts, sex or place of birth.
(2)Women shall have equal right with men in all spheres of the State and of public life.
(3)No citizen shall on grounds only of religion, race, caste, sex or place of birth be subjected to any disability, liaability restriction or condition with regard to access to any place of public entertainment or resort or admission to any educational institution.
(4)Noting in this article shall prevent the State from making special provision in favour of women or children of for the advancement of an backward section of citizens.
29* Equality of opportunity in public employment: (1) There shall be equality of opportunity for all citizens in respect of employment or office in the service of the Republic.
(2)No citizen shall on grounds only of religion, race, caste, sex or place of birth be ineligible for or discriminated against in respect of , any employment or office in the service of the the Rebpulic.
(3)Nothing in this article shall prevent the State from-
(a) making special provision in favour of any backward section of citizens for the purpose of securing their adequate representation in the service of the Republic;
(b) giving effect to any law which makes provision for resering appointments relating to any religious or denominational institution to persons of that religion or denomination;
(c) reserving for members of one sex any class of employment or office on the ground that it is considered by its nature to be unsuited to members of the opposite sex.
30* Prohibition of foreign titles, etc: No citizen shall without the prior approval of the President, accept any title, honour award or decoration from any foreing state.
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, wherer 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 properly of any person shall be taken except in accordace with law.
32* Protection of right to life and personal liberty: No person shall be deprived of life or personal liberty save in accordance with law.
33* Safeguards 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 grounds for sucr arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of his choice.
(2)Every person who is arrested and detainaed 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 court of the magistrate and no such person shall be detained custody beyeond the said period without the authority of a magistrate.
(3) Nothing in clauses (1) and (2) shall apply to any person-
(a) who for the time being is an enemy alien or
(b) who is arrested or detaied under any law providing for preventive detention.
(4) No law providing for preventive detention shall authorise the detention of a person for a period exceeding six months unless an Advisory Board consisting of three persons of whom two shall be persons who are or have been or are qualified fo be appointed as Judges of the Surpreme Court and the other shall be a person who is a senior officer in the service of the Republic has after affording him an opportunity of being heard in person reported before the expiration of the said period of six months that there is in its opinion, sufficient cause for such detention.
(5) when any person is detaind in pursuance of an order made any law providing for preventive detention, the authority making the order shall as soon as may be communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order.
Parliament may by law prescribe the procedure to be followed by an Advisory Board in an inquiry under clause(4)
34*Prohibition of forced labour: (1) All forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordanc with law.
(2)Nothing in this article shall apply to compulsory labour-
(a) by persons undergoing lawful punishment for a criminal offence; or
(b) required by any law for public purposes.
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.
(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 crucl inhuman or degrading punishment or treatment.
(6) Nothing in clause (3) or clause (5) shall affect the operation of any existing law which prescribes any punishment or procedure for trial.
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 reenter Bangladesh.
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 intersts of public order or public health.
38* Freedom of association: Every citizen shall have the right to form associtions or unions subject to any reasonable restrictions imposed public order or public health.
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 to freedom of speech and expression; and
(b)freedom of the press, are guaranteed
40*Freedom of profession of 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 professin, 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 intuitions,
(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) shall provide for the acquisition, nationalization or requisition with compensation and shall either fix the amount of compensation or specify the principles on which, and the manner 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 in respect of such compensation is not adequate.
(3)Nothing in this article shall affect the operation of any law made before the commencement of the proclamations (Amendment) Order,1977(Proclamations Order No. I of 1977) in so far as it relates to the acquisition , nationalization or acquisition of any property without compensation.
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 or order public morality or public health-
(b)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.
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 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 other person in respect of any act done by him in connection with the national liberation struggle or the maintenance or restoration or order 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 abridges, any of the rights guaranteed by this part-
(a) The compulsory acquisition, nationalization or requisition of any property, or the control of 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 rights to search for or win minerals or mineral oil;
(e) The earrying 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, of other persons; or
(f) The extinction, modification, restriction or regulation of any right to property, any right in respect of 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) expresslydeclares 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 specifiled 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 authourty 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 defence or auxiliary forces or who is a prisoner of 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 fo any of the provisions of this Constitution.
47*A . 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 clausie (3) of article 47 applies.
(2)Notwithstaning anything contained in this Constitution, no person to whom a law specifiled in clause (3)of article 47 applies shall have the right to move the Supreme Court for any of the remedies under this Constitution.