Article 12 Secularism and freedom of religion
Secularism and freedom of religion
Article 12 is the main constitutional statement against religious discrimination and communal violence. For minority communities it sets the standard the State is meant to follow.
In force. The July National Charter, backed at the 12 February 2026 referendum, proposes adding or substituting principles such as equality, human dignity, social justice and religious freedom and harmony; as of October 2026 no amendment had been enacted, as reported.
Article 12 defines secularism as removing communalism, ending state grants of political status to any religion, stopping the political abuse of religion, and ending discrimination against people for their faith. It does not ban religion from private or community life, and people remain free to worship as they choose.
If a minority family is attacked or denied services because of their faith, Article 12 sets the duty of the State to prevent it. The family's enforceable claims arise under Articles 27, 28 and 41.
Secularism was removed from the Constitution in the late 1970s. After the Appellate Division declared the Fifth Amendment unlawful in 2010, Parliament restored Article 12 through the Fifteenth Amendment in 2011. The restored text is the version now printed on bdlaws.
The July National Charter proposes principles such as religious freedom and harmony, which may sit alongside or replace secularism. This was a pending proposal as of October 2026. Any change would need an amendment under Article 142 passed by a two-thirds majority in Parliament.
In plain English
How Article 12 works
Article 12 explains what secularism means in the Constitution. It does not mean hostility to religion. Instead, it requires the State to eliminate four things: communalism in all its forms, the granting by the State of political status to any religion, the abuse of religion for political purposes, and discrimination against or persecution of people because of the religion they practise. The article was dropped in the late 1970s and restored by the Fifteenth Amendment 2011. It sits alongside Article 2A, which names Islam as the state religion, and Article 41, which protects freedom of religion as an enforceable right.
In practice
Article 12 cannot be enforced directly, but it guides the reading of Articles 28 and 41. The Fifth Amendment case (2010) restored the 1972 principles, including secularism, and the Fifteenth Amendment 2011 reinstated Article 12. Its coexistence with Article 2A remains a source of legal debate, and a 2016 challenge to Article 2A was dismissed for lack of standing. The High Court Division's December 2024 judgment did not strike down Article 12, as reported. The July National Charter proposals on new principles remain pending.
The text
What Article 12 says
[12. The principle of secularism shall be realised by the elimination of -
(a) communalism in all its forms ;
(b) the granting by the State of political status in favour of any religion ;
(c) the abuse of religion for political purposes ;
(d) any discrimination against, or persecution of, persons practicing a particular religion.]
English text as published on the official Laws of Bangladesh website. Where a court has changed the position, the status note above explains it.
Landmark cases
How the courts have read it
Appellate Division · 2010
Khondker Delwar Hossain v Bangladesh Italian Marble Works Ltd (Fifth Amendment case)
62 DLR (AD) 298
Declared the Fifth Amendment unlawful and upheld restoring the 1972 principles, including secularism.
Case summaries are short descriptions for orientation, not a substitute for the judgment.
History
Amendments
- Fifteenth Amendment 2011Substituted the former Article 12, restoring the text on secularism and freedom of religion.
Connected provisions
Related articles
Questions
Article 12: frequently asked questions
What is Article 12 of the Constitution of Bangladesh?
Article 12 says secularism shall be realised by eliminating communalism, the granting by the State of political status in favour of any religion, the abuse of religion for political purposes, and discrimination against or persecution of persons practising a particular religion.
Does Article 12 ban religious political parties?
Not by itself. Article 12 is a non-enforceable principle. Whether religion-based parties may operate depends mainly on Article 38 on freedom of association and on election law, and the courts have dealt with party registration under those rules rather than Article 12 alone.
Sources
- bdlaws: The Constitution of the People's Republic of Bangladesh, Article 12
- The Daily Star Law and Our Rights: Fifth Amendment full judgment (1 August 2010)
- The Daily Star: The law's inertia (on the 2016 state religion writ)
- The Daily Star: Groundwork laid for sweeping constitutional reforms (July National Charter supplement)
- Prothom Alo English: Caretaker govt reinstated as some provisions scrapped (17 December 2024)
This guide explains the Constitution for general understanding. It is not legal advice. Constitutional reform proposals under discussion in 2026 are described as proposals until enacted.
Constitutional and writ practice
Need to rely on Article 12?
Our lawyers advise on writ petitions, fundamental rights and public law before the Supreme Court of Bangladesh.