Article 28 No discrimination on grounds of religion, race, caste, sex or birthplace
Discrimination on grounds of religion, etc.
It underpins gender equality, minority protection and fair access to education and public places. Employers, schools and public bodies must ensure their rules do not exclude people on these grounds.
A student is refused admission to a public college, and the only reason given relates to her religion or sex. Article 28(3) forbids exactly this kind of restriction on access to education or public places.
Article 28(2) declares that women have equal rights with men in all spheres of the State and of public life. Rules in public service, politics or public institutions that disadvantage women purely because of their sex can be challenged.
Clause (4) lets the State make special provision for women, children and backward sections of citizens. Reserved seats, stipends for girls and targeted welfare programmes are lawful positive action rather than discrimination. Such measures help disadvantaged groups reach genuine equality in practice.
If a rule discriminates on a prohibited ground alone, the High Court Division can declare it unlawful under Articles 26, 44 and 102 and direct the authority to treat the citizen equally, as it did in the 2009 harassment guidelines case.
In plain English
How Article 28 works
Article 28 bans the State from discriminating against any citizen only because of religion, race, caste, sex or place of birth. It also declares that women have equal rights with men in all spheres of the State and of public life. No citizen can be denied access to public places of entertainment or resort, or admission to an educational institution, on those grounds alone. The article does allow positive action: the State may make special provision for women, children or any backward section of citizens. So reserved seats, scholarships or targeted programmes for disadvantaged groups are permitted, while unfair exclusion is not. The word "only" matters: a rule is unlawful when one of these grounds is the sole reason for the disadvantage.
In practice
Article 28 is often invoked with Article 27. In BNWLA v Bangladesh (2009) the High Court Division held that sexual harassment violates Articles 27 and 28(2) and issued guidelines for workplaces and educational institutions, which later fed into labour rules. The special-provision clause supports reserved seats for women and programmes for disadvantaged groups. Note that the guarantee binds the State; private discrimination is mainly addressed through ordinary legislation. The Constitution Reform Commission recommended in February 2025 widening the list of prohibited grounds of discrimination. That remains a proposal and the text of Article 28 is unchanged.
The text
What Article 28 says
28. (1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth.
(2) Women shall have equal rights with men in all spheres of the State and of public life.
(3) No citizen shall, on grounds only of religion, race, caste, sex or place of birth 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.
(4) Nothing in this article shall prevent the State from making special provision in favour of women or children or for the advancement of any backward section of citizens.
English text as published on the official Laws of Bangladesh website. The Bangla text is authoritative (Article 153). Where a court has changed the position, the status note above explains it.
Landmark cases
How the courts have read it
High Court Division · 2009
Bangladesh National Women Lawyers Association (BNWLA) v Government of Bangladesh
Held that sexual harassment violates the equality guarantees in Articles 27 and 28(2) and issued binding guidelines for workplaces and educational institutions until Parliament legislates.
Case summaries are short descriptions for orientation, not a substitute for the judgment.
Connected provisions
Related articles
Questions
Article 28: frequently asked questions
What is Article 28 of the Constitution of Bangladesh?
Article 28 prohibits the State from discriminating against citizens on grounds only of religion, race, caste, sex or place of birth. It guarantees women equal rights with men in public life and allows special provisions for women, children and backward sections of citizens.
Are reserved seats for women allowed under Article 28?
Yes. Article 28(4) expressly allows the State to make special provision in favour of women, children or the advancement of any backward section of citizens. Reserved seats and targeted support programmes are therefore treated as lawful positive measures, not discrimination.
Does Article 28 cover sexual harassment?
In BNWLA v Bangladesh (2009) the High Court Division held that sexual harassment violates the equality guarantees in Articles 27 and 28(2) and issued guidelines requiring institutions to prevent it and set up complaint committees.
Sources
- Laws of Bangladesh: The Constitution, Article 28
- The Daily Star: Recognising women's right to a safe workplace
- The Business Standard: What Constitution Reform Commission says on fundamental rights, freedom (February 2025)
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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