Speakers at a discussion marking the 53rd anniversary of the Constitution of Bangladesh emphasized the need to ensure the effective implementation of fundamental rights through necessary reforms and progressive interpretation.
They called for the Constitution’s core values—equality and non-discrimination—to be realized not only through the courts but also across political and social life.
The discussion, titled “Constitutional Rights and Remedies: Continuity, Reform, and Possibilities,” was organized by BLAST (Bangladesh Legal Aid and Services Trust) and held at the RC Majumdar Auditorium of the University of Dhaka. Legal experts, academics, and human rights advocates reflected on fundamental rights, equality, constitutional reform, and future prospects.
Equality and non-discrimination
Psyme Wadud, a lecturer at the Department of Law, University of Dhaka, highlighted the Supreme Court’s landmark rulings upholding the principle of equality. She said a key objective of the July Uprising was to establish a discrimination-free state—an aspiration not yet fully reflected in constitutional reform proposals.
She called for expanding affirmative action to reach the most marginalized communities and stressed that meaningful progress would require not only legal amendments but also a transformation in political culture and inclusion of diverse voices.
Personal law vs constitutional supremacy
Lawyer and writer Millat Hossain stated that although Article 7 declares the Constitution as the supreme law of Bangladesh, in reality, personal laws often take precedence, undermining the right to equality before the law.
He argued that despite guarantees of equal rights, discrimination continues in practice. References in the 1972 Constitution to a singular Bengali identity, and the later adoption of a state religion, have marginalized indigenous peoples, Dalits, and religious minority communities. “We must envision a state,” he said, “where every person can proudly and honestly assert their own identity.
Right to health and accountability
Supreme Adv Barrister Rashna Imam observed that while the right to health has yet to be formally recognized as a fundamental right, it has gained strong legal grounding through judicial interpretation of the right to life, drawing upon fundamental principles of state policy.
Citing the Dr Mohiuddin Farooque case, where the High Court recognized the right to a healthy environment as part of the right to life, and other decisions on the right to emergency medical treatment and organ donations, she underscored the need for robust and enforceable legislation to guarantee equitable and accountable health services for all.
Safeguards against arbitrary arrest
Supreme Court Adv Dr Qazi Zahed Iqbal said although the Constitution provided key safeguards on arrest and detention, these have been undermined in practice due to, among other factors, the arbitrary application of Sections 54 and 167 of the Code of Criminal Procedure and the Special Powers Act 1974, which permit preventive detention.
He referred to the Supreme Court’s landmark judgments in the BLAST and Saifuzzaman cases, and directives to ensure safeguards on arrest without warrant, which have been partially incorporated in new legal amendments to the Code. Iqbal emphasized the need to align domestic laws with international human rights standards, particularly the Convention against Torture, and to ensure effective remedies.
Freedom of thought, conscience and expression
Firoz Ahmed, writer and member of the Constitutional Reform Commission, stated that restrictions on freedom of thought and expression had existed since the inception of the Constitution. The 1972 Constitution reflected the values of the Liberation War. However, it also concentrated power within individuals, allowing a tendency toward one-party dominance.
He criticized Article 70 for limiting the conscience and freedom of Members of Parliament, thereby weakening representative democracy. He said the Commission’s recent reform proposals include:
- recognizing the right to critique judicial decisions,
- safeguarding fundamental rights even during emergencies,
- recognizing indigenous peoples’ collective property rights, and
- constitutionally acknowledging all ethnic and linguistic identities.
Broadening constitutional protections
Supreme Court Senior Adv and member of Constitutional Reform Commission Dr Sharif Bhuiyan said the public discourse on constitutional reform following the July uprising had been unprecedented.
He explained that while the Commission had made detailed recommendations—including expanding social and economic rights and the right to equality—these recommendations have yet to be fully reflected in political discourse. He highlighted ongoing Supreme Court litigation regarding Article 116 and the 13th and 15th Amendments, noting that these are closely tied to citizens’ rights and demonstrate how court-driven reforms can bring about significant and lasting changes.
Toward a people-centered constitution
In the open discussion, participants spoke about recognizing diversity, protecting marginalized communities from forced eviction, acknowledging climate-related rights, ensuring the right to culture and education, decentralizing power, addressing challenges from regressive forces, and making the Constitution more accessible to the public, including through simplified language versions.
In her closing remarks, Senior Advocate of the Supreme Court and Honorary Executive Director of BLAST Sara Hossain, referred to the space that has emerged following the July uprising, making public discourse on rights, justice, and accountability possible.
She cautioned against the rise of hate speech and the failure to confront conservative voices standing against equality and non-discrimination. She emphasized the challenges of building robust and independent institutions and called for greater public mobilization to speak out against injustice and demand recognition and realization of rights.
