A/55/280/Add.2
15. Article 41 provides that subject to law, public
order and morality, (a) every citizen has the right to
profess, practise or propagate any religion; (b) every
religious community or denomination has the right to
establish, maintain and manage its religious
institutions; and that no person attending any
educational institution shall be required to receive
religious instruction, or to attend any religious
ceremony or worship, if that instruction, ceremony or
worship relates to a religion other than his own.
16. The Constitution guarantees the principle of nondiscrimination (Articles 10, 27 to 29, and 121).
17. Article 10 provides that steps shall be taken to
ensure participation of women in all spheres of national
life.
18. Article 27 provides that all citizens are equal
before law and are entitled to equal protection of law.
19. Article 28 provides that the State shall not
discriminate against any citizen on grounds only of
religion, race, caste, sex or place of birth; women shall
have equal rights with men in all spheres of the State
and public life; no citizen shall, on grounds only of
religion, race ... 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.
20. Article 29 provides that there shall be equality of
opportunity for all citizens in respect of employment or
office in the service of the Republic; no citizen shall,
on grounds only of religion, race, caste, sex or place of
birth, be ineligible for, or discriminated in respect of,
any employment or office in the service of the
Republic; nothing in this article shall prevent the State
from ... 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.
21. Article 121 provides that there shall be one
electoral roll for each constituency for the purposes of
elections to Parliament, and no special electoral roll
shall be prepared so as to classify electors according to
religion, race, caste or sex.
22. The Constitution accords a special role to Islam,
which is defined as the State religion.
23. The Amendment of 1977 defines the Muslim faith
as one of the nation’s guiding principles. Article 8,
paragraph 1 of the Constitution provides that “The
principle of absolute trust and faith in Almighty Allah
... together with the principles derived from them as set
out in this part, shall constitute the fundamental
principles of state policy” (“Absolute trust and faith in
the Almighty Allah shall be the basis of all actions”).
This Amendment abrogated Article 12 of the 1972
Constitution, which stipulated:
The principle of secularism shall be realized by
the elimination of communalism in all its forms:
(a) the granting by the State of political status in
favour of any religion; (b) the abuse of religion
for political purposes; (c) any discrimination
against, or persecution of, persons practising a
particular religion.
24. The Amendment of 1988 states the State religion
of the Republic is Islam but other religions may be
practised in peace and harmony in the Republic
(Article 2.A). Article 25, paragraph 2 provides that the
State shall endeavour to consolidate, preserve and
strengthen fraternal relations among Muslim countries
based on Islamic solidarity.
25. The Chief Justice has stated that the Amendment
of 1988 had no legal consequences with respect to
religious communities, especially minorities, nor with
respect to the country’s jurisprudence. He further stated
that in any case, the Constitution stipulated that
Bangladesh was bound by the international instruments
it had signed. He added that the sharia did not
constitute the basis of the country’s legislation.
B. Other legal provisions
26. According to information gathered from the
authorities and from non-governmental organizations,
there is no specific law regulating freedom of religion
and belief. However, there are laws in force protecting
religion or having an impact either in areas perceived
as being a matter for religious officials, or on minority
religions. There are also a number of religious personal
laws.
1. Religious personal laws and other rules of
positive law
27. Religious personal laws, also known as family
laws, relate for each community (Muslim, Christian,
Hindu and Buddhist) to personal matters such as
marriage, divorce, dowry, maintenance, guardianship,
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