Saturday, 28 November 2020

Fundamental rights of the people of Bangladesh


 According to the third part of the Constitution of Bangladesh "Fundamental Rights", every Bangladeshi as a citizen of Bangladesh automatically owns certain fundamental rights.  At the beginning of Part III, "fundamental rights", Article 26 states that no law inconsistent with fundamental rights can be enacted. And if it is done, it will be automatically canceled. According to this article, all previous laws contrary to fundamental rights are constitutionally invalid. Fundamental rights make the lives of citizens dignified by overcoming artificial barriers that limit physical and mental boundaries and ensuring an environment of emancipation and justice. Independent judiciary and strong democratic institutions are the best safeguards against civil rights violations. Article 102 of Chapter 4 of the Constitution empowers the High Court Division of the Supreme Court to enforce fundamental rights. According to the Constitution of Bangladesh, every Bangladeshi has 17 basic rights.

The basic rights of the people 

Equality before the law 

According to Article 26 of the Constitution, all citizens are equal before the law and are entitled to equal protection of the law.

You can not discriminate 

Article 26 states that no citizen shall be discriminated against on the grounds of religion, caste, sex, place of residence or occupation.

Equality of opportunity in public employment 

According to Article 29, there shall be equality of opportunity for all citizens in employment or promotion in the service of the Republic.

The right to refuge 

Article 31 states that every citizen of Bangladesh has the right to seek legal redress in any place.

And the individual right to life 

According to Article 32, "No person shall be deprived of life or liberty except in accordance with the law." This right is enshrined in the United Nations Universal Declaration of Human Rights and the death penalty has been banned in many countries around the world.

The arrest and detention safeguards 

Article 33 declares that an arrested person shall not be detained as soon as possible without giving a reason for his arrest and shall not be deprived of the right to consult with his nominated lawyer and to defend himself. Every person arrested and detained shall be produced before the nearest magistrate within twenty-four hours of the arrest (except for the time required to bring him from the place of arrest to the magistrate's court) and shall not be detained under guard for more than this period without the order of the magistrate.

Forced labor is prohibited 

According to Article 34, "All forms of forced labor are prohibited; and any breach of this provision shall be deemed to be a punishable offense by law."

Justice and Protection of the bar 

According to Article 35 of the Constitution,

(1) No person shall be convicted except for the offense of breach of law which was in force at the time the offense was committed, and shall not be punished in excess of or more than the penalty which may have been imposed under the law in force at the time of the offense.

(2) No person shall be convicted and punished more than once for the same offense.

(3) Every person accused of a criminal offense shall be entitled to a speedy and public trial in an independent and impartial court or tribunal established by law.

(4) A person accused of any crime shall not be compelled to testify against himself.

(5) No person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

(6) Nothing in clause (3) or (5) of this paragraph shall affect the application of any provision relating to any particular penalty or judicial procedure in the prevailing law.

Freedom of movement 

According to Article 36, every citizen shall have the right to freedom of movement, residence and settlement in all parts of Bangladesh and to leave Bangladesh and re-enter Bangladesh.

Freedom of assembly 

According to Article 36, every citizen shall have the right to assemble peacefully and unarmed and to participate in public meetings and processions in accordance with the law.

Freedom of association 

Article 36 states that every citizen shall have the right to form associations or associations subject to law.

Thought, conscience, and freedom of expression 

Article 39 guarantees freedom of thought, conscience and speech to the citizens of Bangladesh. It has given freedom of speech as well as freedom of speech to every citizen.

Freedom of profession or occupation 

Subject to the law, "Every citizen shall have the right to take up any lawful occupation or scholarship and to carry on any lawful business or business, if any qualification is prescribed by law for any profession or profession or to conduct business or business."

Religious Freedom 

"Every citizen has the right to practice, practice or propagate any religion."

Property Rights 

"Every citizen shall have the right to acquire, hold, transfer or otherwise dispose of property subject to restrictions imposed by law, and no property shall be compulsorily acquired, state-owned or occupied without the authority of law."

The right to housing and communication 

Subject to the law, every citizen shall have the right to security in his or her own home from entry, search and detention, and the right to confidentiality of letters and other means of communication.

The fundamental right to petition the High Court if their rights 

If a person is deprived of a fundamental right for any reason, then the aggrieved person has the right to file a writ petition in the High Court Division under Article 102 of the Constitution.

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