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National Constitutional provisions – Bangladesh

 

The constitution is the fundamental law of the country, reflecting the underlying and unifying values of society. It spells out the basic rights of each person; it serves as a framework for all other laws and policies, and cannot be easily changed. However, it can be changed and updated through a democratic process, and it is important to keep it alive, by popularising and using it, and by campaigning for its reform or amendment if necessary. Below we have picked out what we see as some of the most relevant articles, but please be encouraged to seek and read your constitution in its entirety.

The state is the central actor in any claim to the right to education: it is the prime duty-bearer and the prime implementer; it is the guarantor; and it is the state´s signature vis-à-vis the international norms and standards which binds it to respect, protect and fulfil the right to education. The state must therefore be judged or challenged on its central text on the right to education, whether this be the constitution, the laws or the policies.

The Constitution of Bangladesh 17 May, 2004 

EDUCATION 

Article 15 Provision of basic necessities

It shall be a fundamental responsibility of the State to attain, through planned economic growth, a constant increase of productive forces and a steady improvement in the material and cultural standard of living of the people, with a view to securing to its citizens-

a) the provision of the basic necessities of life, including food, clothing, shelter, education and medical care;  

Article 17 Free and compulsory education

The State shall adopt effective measures for the purpose of –

a) establishing a uniform, mass-oriented and universal system of education and extending free and compulsory education to all children to such stage as may be determined by law; b) relating education to the needs of society and producing properly trained and motivated citizens to serve those needs; removing illiteracy within such time as may be determined by law. 

EQUALITY 

Article 19 Equality of opportunity.

(1) The State shall endeavour to ensure equality of opportunity to all citizens.

(2) The State shall adopt effective measures to remove social and economic inequality between man and man and to ensure the equitable distribution of wealth among citizens, and of opportunities in order to attain a uniform level of economic development throughout the Republic. 

PART II. FUNDAMENTAL RIGHTS

Article 27 Equality before law.

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

Article 28  Discrimination on grounds of religion, etc.

(1) The State shall not discriminate against any citizen on grounds only of religion, race caste, sex or place of birth.

(2) Women shall have equal rights 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, liability, restriction or condition with regard to access to any place of public entertainment or resort, or admission to any educational institution.

(4) Nothing in this article shall prevent the State from making special provision in favour of women or children or for the advancement of any backward section of citizens. 

Article 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 Republic.

(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 reserving 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.

 GENDER

 PART II. FUNDAMENTAL PRINCIPLES OF STATE POLICY

Article 10 Participation of women in national life.

Steps shall be taken to ensure participation of women in all spheres of national life.

RURAL DEVELOPMENT

Article 16 Rural development and agricultural revolution

The State shall adopt effective measures to bring about a radical transformation in the rural areas through the promotion of a agricultural revolution, the provision of rural electrification, the development of cottage and other industries, and the improvement of education, communications and public health, in those areas, so as progressively to remove the disparity in the standards of living between the urban and the rules areas.

PART II. FUNDAMENTAL PRINCIPLES OF STATE POLICY

Article 14 Emancipation of peasants and workers.

It shall be a fundamental responsibility of the State to emancipate the toiling masses the peasants and workers and backward sections of the people from all forms and exploitation.

LANGUAGE

PART I. THE REPUBLIC

Article 3 the state language

The state language of the Republic is Bangla 

Article 23 National Culture

The State shall adopt measures to conserve the cultural traditions and heritage of the people, and so to foster and improve the national language, literature and the arts that all sections of the people are afforded the opportunity to contribute towards and to participate in the enrichment of the national culture. 

RELIGION 

PART I. THE REPUBLIC

Article 2A the state religion

The state religion of the Republic is Islam, but other religions may be practiced in peace and harmony in the Republic. 

PART II. FUNDAMENTAL RIGHTS

Article 41 Freedom of religion.

(1) Subject to law, public order and morality-  every citizen has the right to profess, practice or propagate any religion;  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.