Article 31 Right to protection of law
Right to protection of law
It protects anyone in Bangladesh, including foreign investors and workers, from arbitrary action against their person, reputation or property. Most challenges to unlawful official action cite it.
An official orders the seizure of a shop, or publishes a statement damaging a person's reputation. Article 31 asks one question first: is there a law authorising this action, and was it followed? Without lawful authority, the action cannot stand under the Constitution.
The article shields life, liberty, body, reputation and property. It protects citizens wherever they are and anyone present in Bangladesh, so a foreign worker or investor has the same protection while in the country. The protection does not depend on nationality or immigration status.
The affected person files a writ petition. The High Court Division examines whether a valid law authorised the action and whether a fair procedure, such as notice and a chance to be heard, was followed.
If the authority acted without legal basis or arbitrarily, the court declares the action without lawful authority and can order the property returned or the action stopped. Action taken lawfully and fairly is upheld. The decision reminds officials that power must always be exercised lawfully.
In plain English
How Article 31 works
Article 31 is Bangladesh's due process guarantee. Everyone has the inalienable right to the protection of the law and to be treated in accordance with law, and only in accordance with law. This applies to every citizen wherever they are, including abroad, and to every other person while in Bangladesh, such as foreign workers and visitors. In particular, no action harmful to a person's life, liberty, body, reputation or property may be taken except in accordance with law. Courts read "law" as requiring more than a bare rule: the action must have a legal basis and follow a fair procedure, without arbitrariness. Article 31 is often relied on together with Articles 27 and 32.
In practice
Courts treat Article 31 as the foundation of due process and natural justice. In Dr Mohiuddin Farooque v Bangladesh (1996), the Appellate Division read Articles 31 and 32 together as protecting the environment and freedom from pollution. Article 31 is cited in challenges to arbitrary arrest, demolition without notice, cancellation of licences and damage to reputation by official action. The 2015 High Court Division judgment striking down the Joint Drive Indemnity Act 2003 relied on equality and the protection of law. Under Article 47A, Article 31 does not apply to persons covered by laws protected under Article 47(3), such as the International Crimes (Tribunals) Act 1973.
The text
What Article 31 says
31. To enjoy the protection of the law, and to be treated in accordance with law, and only in accordance with law, is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law.
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 · 1996
Dr Mohiuddin Farooque v Bangladesh (FAP 20 case)
49 DLR (AD) 1; 17 BLD (AD) 1
Gave a liberal reading of "person aggrieved" for public interest standing and held that Articles 31 and 32 include protection of the environment and freedom from pollution, without which life can hardly be enjoyed.
High Court Division · 2015
ZI Khan Panna v Bangladesh (Joint Drive Indemnity Act case)
Declared the Joint Drive Indemnity Act 2003, which shielded those who carried out Operation Clean Heart in 2002 and 2003, void and unconstitutional for violating equality before law and the protection of law.
Case summaries are short descriptions for orientation, not a substitute for the judgment.
Connected provisions
Related articles
Questions
Article 31: frequently asked questions
What is Article 31 of the Constitution of Bangladesh?
Article 31 guarantees everyone the right to the protection of law and to be treated only in accordance with law. No action harmful to a person's life, liberty, body, reputation or property may be taken except in accordance with law.
Does Article 31 protect foreigners in Bangladesh?
Yes. The right belongs to every citizen wherever they may be, and to every other person for the time being within Bangladesh. Foreign workers, visitors and investors in the country can therefore rely on it.
Is the right to a clean environment protected under Article 31?
The Appellate Division in Dr Mohiuddin Farooque v Bangladesh (1996) held that Articles 31 and 32 encompass protection of the environment and freedom from air and water pollution. Article 18A, added in 2011, separately directs the State to protect the environment.
Sources
- Laws of Bangladesh: The Constitution, Article 31
- Jona Razzaque, Public interest environmental litigation in Bangladesh (BILIA)
- The Daily Star: Indemnity law illegal: HC (13 September 2015)
- ELAW: Farooque v Government of Bangladesh, CA 24 of 1995 (25 July 1996) (Flood Action Plan case)
- Asian Development Bank, Law and Policy Reflections: M Farooque v Government of Bangladesh, 17 BLD (AD) 1 (1997)
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
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