Fundamental Rights in Bangladesh: What the Constitution Guarantees (2026 Guide)

by Barrister Tahmidur Rahman | Oct 20, 2026 | Insights, Public Law & Institutions | 0 comments

TRW Insight / Bangladesh

Part III of the Constitution gives every citizen, and in key respects every person, rights the state cannot legislate away and a direct route to the High Court Division to enforce them. Knowing which right applies, and how far it may lawfully be restricted, decides whether a petition succeeds.

Updated 20 October 2026Legal insightBangladesh21 min read

Fundamental rights in Bangladesh: what Part III guarantees in 2026

Fundamental rights in Bangladesh are the guarantees in Part III of the Constitution, Articles 26 to 47A, that bind Parliament, the government and every public authority. They cover equality, life and personal liberty, protection on arrest, fair trial, movement, assembly, association, speech and the press, religion, property and privacy. Unlike most statements of principle in a constitution, they come with their own remedy: Article 44 guarantees the right to go straight to the High Court Division under Article 102 when one of them is breached.

This guide explains what each right protects and who can claim it, how the rights differ from the fundamental principles of state policy and the duties of citizens, where the Constitution allows limits and exceptions, and how a rights violation case is actually brought. It also sets out what the 2025 and 2026 reforms have changed, and what they have not. For the structure of the Constitution as a whole, see our guide to constitutional law in Bangladesh; for writ procedure in depth, see our guide to the writ petition in Bangladesh.

Fundamental rights in Bangladesh — a copy of the Constitution open at Part III
Part III sits above ordinary legislation and binds every public authority

Summary: Part III of the Constitution sets out the substantive rights in Articles 27 to 43, from equality before law to privacy of correspondence, and the right to enforce them in Article 44. Most are guaranteed to citizens; the protections of law, life, liberty and fair trial reach every person in Bangladesh. Laws inconsistent with Part III are void under Article 26, but most rights are subject to reasonable restrictions imposed by law, and some can be suspended in an emergency. A breach is enforced by a writ petition to the High Court Division under Articles 44 and 102.

Key point: The text of Part III has not been amended in 2025 or 2026. What has changed is the statutory law around it: new arrest safeguards in the Code of Criminal Procedure, a new Cyber Security Act, and 2026 laws on enforced disappearance and the National Human Rights Commission. The July Charter's proposals to broaden fundamental rights remain unimplemented as of October 2026.

At a glance

01

Part III

Articles 26 to 47A set out the rights, the voidness rule, the enforcement guarantee and the permitted exceptions.

02

Article 26

Any law inconsistent with Part III is void to the extent of the inconsistency, whether it pre-dates the Constitution or not.

03

Reasonable restrictions

Movement, assembly, association, speech, religion and privacy may be limited by law, but only on stated grounds and only reasonably.

04

Articles 44 and 102

The right to move the High Court Division to enforce Part III is itself a fundamental right.

05

2026 position

Part III unchanged; arrest, cyber, disappearance and human rights statutes rewritten; July Charter rights proposals pending.

Table of Contents

What fundamental rights in Bangladesh are and where they come from

The Constitution of 1972 is the supreme law of the Republic, and Article 7 makes any other law void to the extent it is inconsistent with it. Part III builds a specific shield on that foundation. It is headed "Fundamental Rights" and runs from Article 26, the voidness rule, to Article 47A, which removes certain protections from persons prosecuted for international crimes.[1]

What makes these rights "fundamental" is not their subject matter alone but their legal status. They sit above ordinary legislation, they bind every organ of the state, and they are directly enforceable in court. Part II of the Constitution, by contrast, contains goals the state must pursue but which no court will enforce. That distinction runs through every question about fundamental rights in Bangladesh, from whether a citizen can sue for housing to whether a statute restricting speech survives challenge.

The Article 26 voidness rule

Article 26 does two things. It declares that all existing laws inconsistent with Part III became void, to the extent of the inconsistency, when the Constitution came into force. And it forbids the state from making any new law inconsistent with Part III, any such law being void to the same extent.[1] The words "to the extent of such inconsistency" matter in practice: a court will usually strike out the offending provision rather than the whole statute.

Article 26 has one important carve-out. It does not apply to amendments of the Constitution itself made under Article 142.[1] A constitutional amendment is tested not against Article 26 but against the basic structure doctrine, a subject covered in our guide to constitutional law in Bangladesh.

Citizens, persons and who can claim each right

Part III is not uniform about who holds each right. Articles 27 to 29 on equality, and the freedoms in Articles 36, 37, 38, 40, 42 and 43, are expressly guaranteed to citizens, as are freedom of speech in Article 39(2)(a) and the right to profess and practise religion in Article 41(1)(a).[1] Other protections are wider. Article 31 guarantees the protection of law to every citizen wherever he may be "and of every other person for the time being within Bangladesh". Article 32 says "no person" shall be deprived of life or personal liberty save in accordance with law, and the arrest and trial safeguards in Articles 33 and 35 are framed around any person arrested or accused.[1]

The practical result is that a foreign national detained in Dhaka can rely on the protections of law, liberty and fair trial, but cannot claim the citizen-only freedoms of movement, assembly or property under Part III. Foreign investors should therefore look to statute, contract and investment treaties, not Part III alone, for protection of their business assets.

The Part III rights list at a glance

The table below sets out each substantive right in Part III, who holds it and the main limit the Constitution attaches. On a phone, scroll it sideways.

The Part III rights: who holds them and how they may be limited
ArticleRightWho holds itMain limit
27-29Equality before law, non-discrimination, equal opportunity in public employmentCitizensSpecial provision for women, children and backward sections
31Protection of law and treatment only in accordance with lawCitizens and every person in BangladeshAction must be in accordance with law
32Life and personal libertyEvery personDeprivation only in accordance with law
33Safeguards on arrest and detentionEvery person arrestedExcludes enemy aliens and preventive detention
34-35No forced labour; fair trial; no tortureEvery personNarrow exceptions for lawful punishment and public purposes
36Freedom of movementCitizensReasonable restrictions in the public interest
37Freedom of peaceful assemblyCitizensPublic order or public health
38Freedom of associationCitizensMorality, public order and the Article 38 proviso
39Thought, conscience, speech and pressThought: unqualified; speech: citizensSecurity, foreign relations, public order, decency, contempt, defamation, incitement
40Profession, occupation, trade or businessQualified citizensRestrictions imposed by law
41Freedom of religionCitizens and religious communitiesLaw, public order and morality
42PropertyCitizensAcquisition by law; adequacy of compensation not justiciable
43Home and correspondenceCitizensSecurity, public order, morality or health

Two features of the list deserve emphasis. First, the rights to protection of law, life and liberty in Articles 31 and 32 contain no "reasonable restrictions" clause; the only qualification is that any deprivation must be "in accordance with law". Second, the freedoms in Articles 36 to 43 each carry their own list of permissible grounds for restriction, and a restriction on any other ground is open to challenge.[1]

Fundamental rights, fundamental principles and the duties of citizens

Many legacy explanations of Bangladesh rights blur three different things: the fundamental rights in Part III, the fundamental principles of state policy in Part II, and the duties of citizens. The Constitution treats them very differently.

Fundamental principles of state policy

Part II, Articles 8 to 25, sets out the principles on which the state is to be governed, including the provision of basic necessities in Article 15 and the protection of the environment and biodiversity in Article 18A. Article 8(2) declares these principles fundamental to governance, to be applied in making laws and to guide interpretation, but expressly "not judicially enforceable".[1] A citizen cannot obtain a writ ordering the state to provide housing simply because Article 15 mentions shelter.

The principles still matter in court. Judges use them to give content to the enforceable rights. In the Ain o Salish Kendra slum eviction case, the High Court Division held that the right to life includes the right not to be deprived of a livelihood and required phased eviction with reasonable notice, while accepting that the shelter directive in Part II was not itself enforceable.[6] Article 47(1) adds a structural link: laws on specified economic matters, such as compulsory acquisition or nationalisation, are protected from Part III challenge if Parliament expressly declares that they give effect to the Part II principles.[1]

Duties of citizens and public servants

The Constitution contains no separate chapter of duties, but Article 21 states them. Every citizen must observe the Constitution and the laws, maintain discipline, perform public duties and protect public property, and every person in the service of the Republic must strive at all times to serve the people.[1] Article 20, also in Part II, describes work as a right, a duty and a matter of honour for every citizen capable of working.[1]

Duties are not preconditions for rights. A person accused of breaking the law does not lose the protection of Articles 31 to 35; those articles exist precisely for people the state suspects. The duty in Article 21(2) is better understood as the other side of the same coin: it is the standard against which public officials' conduct is measured when a rights petition is heard.

Fundamental rights in Bangladesh — citizens and their duties under Article 21
Rights are enforceable; state policy principles and duties guide interpretation

Equality and non-discrimination: Articles 27 to 30

Article 27 states that all citizens are equal before law and are entitled to equal protection of law. Article 28 forbids the state to discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth, guarantees women equal rights with men in all spheres of the state and of public life, and permits special provision in favour of women, children or any backward section of citizens.[1]

Article 29 guarantees equality of opportunity in public employment and bars discrimination in it on the same grounds. It allows the state to make special provision for backward sections of citizens so that they are adequately represented in the service of the Republic.[1] That clause was at the centre of the 2024 quota litigation. On 21 July 2024 the Appellate Division set aside a High Court Division judgment that had restored the old quota system and directed that 93 per cent of government recruitment be on merit, with 5 per cent for children of freedom fighters and birangonas, 1 per cent for ethnic minorities and 1 per cent for persons with disabilities and third-gender people.[7]

Article 30 completes the group by prohibiting citizens from accepting foreign titles, honours or decorations without the President's prior approval.[1]

Equality challenges usually turn on classification. A law or policy may treat groups differently if the distinction is rational and connected to a legitimate purpose; it fails if it singles out people arbitrarily or on a prohibited ground. Most equality cases are therefore won or lost on evidence about how a rule actually operates, not on the text of Article 27 alone.

Life, liberty and the protection of law: Articles 31 and 32

Articles 31 and 32 are the core of fundamental rights in Bangladesh. Article 31 makes it the "inalienable right" of every citizen, and of every other person within Bangladesh, to enjoy the protection of the law and to be treated only in accordance with law, and forbids any action detrimental to life, liberty, body, reputation or property except in accordance with law. Article 32 provides that no person shall be deprived of life or personal liberty save in accordance with law.[1]

How the courts have widened the right to life

The Supreme Court has read "life" as more than mere survival. In Dr Mohiuddin Farooque v Bangladesh, decided by the Appellate Division on 25 July 1996, Justice B B Roy Choudhury stated that Articles 31 and 32 protect the right to life as a fundamental right and that it includes the protection and preservation of the environment and ecological balance, free from pollution of air and water.[4] The Ain o Salish Kendra case, reported at 19 BLD 488, extended the same reasoning to livelihood in the context of slum evictions.[6]

What "in accordance with law" means

The phrase is not a blank cheque for the legislature. Read with Article 26, it means a law that is itself consistent with Part III, applied by an authority acting within its powers and following a fair procedure. Action taken without legal authority, for a collateral purpose or without hearing the person affected is open to challenge under Article 31 even where some statute is invoked. This is why Article 31 appears in so many writ petitions involving public bodies: it converts unlawful administrative action into a breach of a fundamental right.

Arrest, detention and fair trial: Articles 33 to 35

Article 33 sets the minimum standards for any arrest. A person arrested must be informed of the grounds as soon as may be, must not be denied the right to consult and be defended by a lawyer of his choice, and must be produced before the nearest magistrate within 24 hours, excluding travel time, and not detained beyond that without the magistrate's authority.[1]

Preventive detention

Those protections do not apply to an enemy alien or to a person detained under a preventive detention law. For preventive detention Article 33 substitutes different safeguards: detention beyond six months requires a report from a three-member Advisory Board, two of whom must be, have been or be qualified to be Supreme Court judges, after giving the detainee a personal hearing.[1] Habeas corpus remains the principal remedy for a detainee who claims the detention order is unlawful.

The BLAST guidelines and the 2026 arrest safeguards

In Bangladesh v BLAST, decided on 24 May 2016, the Appellate Division issued binding guidelines on arrest without warrant under section 54 and remand under section 167 of the Code of Criminal Procedure. They require, among other things, an immediate memorandum of arrest, notice to a relative or friend within 12 hours, disclosure of the officer's identity, medical attention for visible injuries, access to a lawyer of choice, and scrutiny by magistrates before any remand order.[5]

Several of those guidelines are now statutory. The Code of Criminal Procedure (Amendment) Bill 2026, passed on 7 April 2026 to convert the interim government's 2025 ordinance, requires the family to be informed within 12 hours of arrest, visible identification of arresting officers, an arrest register and an arrest memo witnessed by a family member or respected local resident.[8] Our guides to police remand in Bangladesh and High Court bail explain how these rules are used in the magistrate's court.

Forced labour and trial protections

Article 34 prohibits all forms of forced labour, subject to exceptions for lawful punishment and compulsory labour required by law for public purposes. Article 35 protects against retrospective criminal offences and penalties and double jeopardy, guarantees a speedy and public trial by an independent and impartial court, protects against self-incrimination, and prohibits torture and cruel, inhuman or degrading punishment or treatment.[1] The prohibition on torture is reinforced by the Torture and Custodial Death (Prevention) Act 2013, which the BLAST guidelines direct magistrates to apply after a custodial death.[5]

Movement, assembly and association: Articles 36 to 38

Article 36 gives every citizen the right to move freely throughout Bangladesh, to reside and settle anywhere, and to leave and re-enter the country, subject to reasonable restrictions imposed by law in the public interest. Article 37 protects the right to assemble and to take part in public meetings and processions peacefully and without arms, subject to reasonable restrictions in the interests of public order or public health.[1]

Article 38 protects the right to form associations or unions, subject to reasonable restrictions in the interests of morality or public order. Its proviso goes further than most constitutions: no person may form or be a member of an association whose objects are to destroy religious, social and communal harmony, to discriminate on grounds of religion, race, caste, sex, place of birth or language, to organise terrorist or militant activities, or whose formation and objects are inconsistent with the Constitution.[1]

The association guarantee was tested directly in 2025. On 12 May 2025 the Ministry of Home Affairs, acting under the Anti-Terrorism (Amendment) Ordinance 2025 and the Anti-Terrorism Act 2009, banned all activities of the Awami League and its affiliated organisations, including publications, online communications, rallies and meetings, until the International Crimes Tribunal proceedings against its leaders conclude.[11] Whether a ban of that breadth is a "reasonable restriction" within Article 38 is a question the Constitution leaves to the courts. For NGOs, societies and trade associations, the more everyday issues are registration conditions and internal disputes; see our guide to challenging an association or society election.

Thought, speech and the press: Article 39

Article 39(1) guarantees freedom of thought and conscience without qualification. Article 39(2) guarantees the right of every citizen to freedom of speech and expression, and freedom of the press, but subject to reasonable restrictions imposed by law in the interests of the security of the state, friendly relations with foreign states, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.[1]

Speech is the right on which the gap between text and practice is widest, and the battleground has been cyber legislation. The Cyber Security Act 2026 (Act No. 81 of 2026), dated 10 April 2026, repealed the interim government's Cyber Security Ordinance 2025 and carried forward its framework.[9] A further amendment reported in July 2026 would create an offence of spreading rumours or disinformation online, punishable by up to ten years' imprisonment, and would expand the defamation offence to cover AI-generated content.[10] Our guide to cyber law in Bangladesh tracks each offence and the status of that draft.

From a fundamental rights perspective the key questions are always the same. Does the restriction fall within one of the grounds listed in Article 39(2)? Is the offence defined precisely enough for a citizen to know what is prohibited? And is the penalty proportionate? Vague offences such as "rumour" are vulnerable on the second question, because a restriction that cannot be predicted cannot easily be shown to be reasonable.

Fundamental rights in Bangladesh — newspapers representing freedom of the press under Article 39
Speech and press freedom are subject only to reasonable restrictions imposed by law

Profession, religion, property and privacy: Articles 40 to 43

Profession and occupation

Article 40 gives every citizen possessing any qualifications prescribed by law the right to enter any lawful profession or occupation and to conduct any lawful trade or business, subject to restrictions imposed by law.[1] Licensing regimes, professional qualification rules and sector regulation all operate within this clause. Arbitrary refusal or cancellation of a licence is a common basis for a writ petition combining Articles 31 and 40.

Religion

Article 41 guarantees, subject to law, public order and morality, every citizen's right to profess, practise or propagate any religion, and every religious community's right to establish, maintain and manage its religious institutions. It also provides that no person attending an educational institution shall be required to receive religious instruction, or take part in any religious ceremony or worship, relating to a religion other than his own.[1]

Property

Article 42 gives every citizen the right, subject to restrictions imposed by law, to acquire, hold, transfer or otherwise dispose of property, and bars compulsory acquisition, nationalisation or requisition save by authority of law. Any such law must provide for compensation, but no law may be challenged on the ground that the compensation it provides is inadequate.[1] Challenges to acquisition therefore focus on whether the statutory procedure and public purpose requirements were followed, rather than on the amount. See our guide to land acquisition in Bangladesh.

Home and correspondence

Article 43 protects every citizen's right to be secured in the home against entry, search and seizure, and to the privacy of correspondence and other means of communication, subject to reasonable restrictions in the interests of state security, public order, public morality or public health.[1] It is the constitutional anchor for privacy and data protection arguments, including challenges to surveillance and data requests, discussed in our analysis of data protection law in Bangladesh.

Limits on fundamental rights in Bangladesh: restrictions, exceptions and emergencies

No right in Part III is absolute in every circumstance, but the Constitution controls how far each may be limited. There are four distinct mechanisms, and confusing them is a common error.

Reasonable restrictions imposed by law

Reasonable restrictions on most freedoms may be imposed only by "law", meaning an Act of Parliament or delegated legislation made under one, not an executive order without legal basis. The restriction must serve one of the grounds listed in the relevant article and must be reasonable. Reasonableness looks at the nature of the right, the purpose of the restriction, the extent of the harm addressed and whether the restriction goes further than necessary. A total ban where a regulation would suffice is the classic unreasonable restriction.

Express exceptions within Part III

Article 45 excludes disciplinary laws for members of a disciplined force, so far as they relate to the proper discharge of duties or maintenance of discipline. Article 46 allows Parliament to indemnify persons for acts done in connection with the national liberation struggle or the maintenance or restoration of order. Article 47 protects laws on listed economic matters, laws in the First Schedule, and laws providing for the prosecution of genocide, crimes against humanity, war crimes and other international crimes from being declared void.[1]

Article 47A goes further. A person to whom an Article 47(3) law applies cannot rely on Article 31, Article 35(1) and (3) or Article 44, and cannot move the Supreme Court for any constitutional remedy.[1] Article 102(3) reinforces this by barring interim or other orders in relation to any law to which Article 47 applies.[2] These provisions now shape the International Crimes Tribunal proceedings that followed 2024; see our analysis of the 2025 International Crimes Tribunal amendments.

Emergency suspension

During a Proclamation of Emergency under Article 141A, which requires the Prime Minister's prior countersignature, Article 141B frees the state from the limits of Articles 36, 37, 38, 39, 40 and 42, though laws made in reliance on it lapse when the emergency ends. Under Article 141C the President, on the Prime Minister's written advice, may suspend the right to move any court to enforce such Part III rights as the order specifies, for the duration of the emergency or less.[3] [1] One of the July Charter proposals would bar the curtailment of fundamental rights during an emergency, but it has not been enacted.

Enforcing fundamental rights in Bangladesh under Article 44 and Article 102

Article 44(1) guarantees the right to move the High Court Division in accordance with Article 102(1) for the enforcement of the rights in Part III. Article 44(2) allows Parliament to empower other courts to exercise those powers within their local limits, without prejudice to the High Court Division's powers.[1] Because the enforcement route is itself in Part III, it cannot be taken away by ordinary legislation.

Article 102(1): the rights jurisdiction

On the application of any person aggrieved, the High Court Division may give such directions or orders to any person or authority, including any person performing functions in connection with the affairs of the Republic, as may be appropriate for the enforcement of any Part III right.[2] Two features distinguish it from the judicial review jurisdiction in Article 102(2). The text of clause (1) does not require the absence of an equally efficacious alternative remedy, and the court's power is framed as "such directions or orders" as are appropriate rather than the five classic writs.[2]

Article 102(2): habeas corpus and judicial review

Clause (2) allows the court, if satisfied that no other equally efficacious remedy is provided by law, to quash unlawful acts, compel public duties, and, on the application of any person, order a detainee to be produced so the court can satisfy itself the detention is lawful.[2] Habeas corpus, like quo warranto, may be sought by any person, not only the person directly affected. In practice most rights petitions plead both clauses, and our writ petition guide sets out the procedure, the rule nisi and stay applications in detail.

Standing and public interest litigation

"Person aggrieved" was transformed in Farooque. The Appellate Division held that a citizen or an association espousing a public cause affecting many people may invoke Article 102 without being personally affected, provided it acts in good faith and is not a busybody.[4] Public interest litigation since then has produced many of the landmark judgments on fundamental rights in Bangladesh, including the BLAST arrest guidelines.[5]

Interim relief and its limits

Where an interim order under Article 102(1) or (2)(a) might prejudice a development programme or otherwise harm the public interest, Article 102(4) requires reasonable notice to the Attorney-General and a hearing before the order is made.[2] Rights petitions against infrastructure, procurement or land projects must therefore be prepared on the basis that the state will be heard before any stay is granted.

How to file a rights violation case in Bangladesh

A rights petition under Article 44 is won on preparation. The steps below reflect how we approach a case involving fundamental rights in Bangladesh, from first instructions to compliance with the judgment.

Step 01

Identify the right

Name the specific Part III article breached and check whether it protects citizens only or every person.

Step 02

Identify the respondent

Confirm the act or omission is by a person or authority performing functions of the Republic or a statutory body.

Step 03

Secure the evidence

Collect orders, notices, arrest memos, correspondence, medical records and witness statements before they disappear.

Step 04

Check other remedies

Consider statutory appeals, criminal complaints and the National Human Rights Commission, and decide which to run in parallel.

Step 05

Send a demand if time allows

A short legal notice to the authority builds the record and often resolves the matter; skip it where liberty is at stake.

Step 06

Draft and file the petition

Plead Article 102(1), and 102(2) where relevant, with an affidavit, annexures and the precise directions sought.

Step 07

Seek interim relief

Move for a stay, release or other interim order at the motion hearing, serving the Attorney-General where Article 102(4) applies.

Step 08

Enforce the judgment

Serve the order, monitor compliance and return to court with a contempt application if the authority does not comply.

Two cautions apply throughout. First, the Constitution sets no limitation period for a writ, but unexplained delay can defeat the petition, so move promptly once the facts are clear. Second, where the violation is also a crime, such as torture or unlawful detention, consider running the criminal complaint in parallel rather than treating the writ as the only route. Applicants who cannot afford counsel should explore the Supreme Court legal aid scheme described in our guide to legal aid in Bangladesh.

Courts and bodies that protect fundamental rights in Bangladesh

The High Court Division is the constitutional forum under Article 44, but it is not the only body that matters when fundamental rights are engaged.

Constitutional forum

High Court Division

Hears petitions to enforce Part III rights under Articles 44 and 102, including habeas corpus.

Final appeal

Appellate Division

Hears appeals from writ judgments; its decisions bind all courts under Article 111.

First safeguard

Magistrates

Must see every arrested person within 24 hours and scrutinise any remand request.

Preventive detention

Advisory Boards

Must report sufficient cause before preventive detention can run beyond six months.

Complaints and inquiry

National Human Rights Commission

Receives complaints, issues interim protective orders and makes recommendations under the 2026 law.

Access to justice

Legal aid offices

Fund counsel for eligible applicants, including through the Supreme Court legal aid office.

The National Human Rights Commission is a complaint and inquiry body, not a court. Under the National Human Rights Commission Bill 2026, passed on 6 September 2026 to replace the 2009 Act, the commission has a chairman and four commissioners, may issue interim orders to protect victims, and, for complaints against disciplined forces, may seek a report and make recommendations to which the body concerned must respond in writing within 45 days.[12] A complaint to the commission does not prevent a writ, and for urgent cases of detention the writ remains the faster remedy.

Fundamental rights in Bangladesh — counsel preparing a writ petition for the High Court Division
Article 44 makes the route to the High Court Division a right in itself

The 2025 and 2026 reforms: what has changed

The interim government of August 2024 to February 2026 issued a wave of rights-related ordinances, and the elected Parliament has since kept some, rewritten others and let some lapse. The text of Part III itself has not changed.

Arrest safeguards placed on a statutory footing

The 2026 amendment to the Code of Criminal Procedure gives statutory force to family notification within 12 hours, officer identification, arrest registers and witnessed arrest memos.[8] For detainees and their families, these are now enforceable statutory duties as well as constitutional standards under Articles 32 and 33.

Enforced disappearance

The Enforced Disappearance Prevention and Redress Bill 2026, passed on 6 September 2026, makes enforced disappearance a cognisable, non-bailable and non-compoundable offence, with death or life imprisonment where the victim dies or remains untraced for more than five years. It requires investigations and trials to finish within 120 days, assigns allegations against a disciplined force to a different force or an inter-force team, and provides for a compensation fund and central database.[12] Critics, including the opposition, have argued that the 2026 versions of the disappearance and human rights laws are weaker than the interim government's ordinances.[12]

Speech and online expression

The Cyber Security Act 2026 replaced the 2025 ordinance, and the further amendment reported in July 2026 would reintroduce wide speech offences.[9] [10] Any prosecution under those provisions can be tested against the reasonable restrictions permitted by Article 39(2), both on whether the offence serves a permitted ground and on whether it is reasonable.

The July Charter and constitutional reform

In the referendum held with the 12 February 2026 election, voters approved the July Charter, whose consensus proposals include broadening fundamental rights and strengthening judicial independence.[13] Implementation has stalled. As of mid-October 2026 the Constitution Reform Council had not been formed, government MPs having declined the council oath, and the government had set up a parliamentary committee instead, which the opposition is boycotting.[14] Until an amendment is passed and gazetted, Part III remains in its existing form.

When to instruct a fundamental rights lawyer

Instruct counsel immediately where liberty is at stake: an arrest without the Article 33 safeguards, detention beyond 24 hours without production before a magistrate, an unexplained disappearance, or a preventive detention order. Habeas corpus is measured in days, not months. Early advice is also critical where a licence, business, property or job is about to be taken away by a public authority, because the record built before the decision is usually the strongest evidence in the petition.

The most common mistakes we see are avoidable. Petitioners plead a Part II principle as if it were an enforceable right; sue a private company with no public function; skip a statutory appeal that would have been quicker; or file without the documents that prove the breach. A focused petition, anchored in a specific Part III article, a specific act or omission and a specific remedy, is far more likely to succeed. TRW's constitutional and writ litigation practice advises individuals, businesses and institutions on rights and judicial review petitions in the Supreme Court.

Frequently asked questions

What are fundamental rights in Bangladesh?

They are the rights in Part III of the Constitution, Articles 26 to 47A, including equality, protection of law, life and liberty, arrest and trial safeguards, movement, assembly, association, speech, profession, religion, property and privacy. Laws inconsistent with them are void under Article 26.[1]

Can foreigners claim fundamental rights in Bangladesh?

Some of them. Article 31 protects every person within Bangladesh, and the life, liberty, arrest and trial protections in Articles 32 to 35 apply to any person. The equality guarantees and the freedoms in Articles 36 to 43 are mostly limited to citizens.[1]

Are the fundamental principles of state policy enforceable in court?

No. Article 8(2) says the Part II principles are not judicially enforceable, although courts use them to interpret laws and the enforceable rights in Part III.[1] [6]

How do I enforce a fundamental right?

By filing a writ petition in the High Court Division under Article 102, which Article 44 guarantees as a fundamental right in itself. The court can give any appropriate directions or orders to any person or authority performing functions of the Republic.[1] [2]

Is there a time limit for a fundamental rights petition?

The Constitution sets no limitation period, but the court can refuse relief where unexplained delay has prejudiced others, so a petition should be filed promptly once the breach and the evidence are clear.

What are my rights if I am arrested in Bangladesh?

To be told the grounds of arrest, to consult a lawyer of your choice and to be produced before a magistrate within 24 hours. Since 2026 the Code of Criminal Procedure also requires the police to inform your family within 12 hours and to prepare a witnessed arrest memo.[1] [8]

Can fundamental rights be suspended?

Only during a Proclamation of Emergency. Article 141B lifts the limits of Articles 36 to 40 and 42 on state action, and Article 141C lets the President suspend the Article 44 right to move court for specified rights, on the Prime Minister's written advice.[3]

Is freedom of speech absolute in Bangladesh?

No. Article 39(2) allows reasonable restrictions imposed by law on listed grounds such as state security, public order, decency, contempt of court, defamation and incitement. Freedom of thought and conscience in Article 39(1) is unqualified.[1]

Can an organisation file a public interest petition?

Yes. Since Farooque in 1996, a citizen or association acting in good faith for a public cause affecting many people can be a person aggrieved under Article 102, even without being personally affected.[4]

Did the 2026 reforms change Part III of the Constitution?

No. The July Charter approved in the February 2026 referendum proposes broader rights, but as of October 2026 the Constitution Reform Council had not been formed and no amendment to Part III had been enacted.[13] [14]

Source register

Primary legal and regulatory sources

Materials checked on 20 October 2026. Confirm the current official text before relying on any provision.

  1. Constitution of the People's Republic of Bangladesh, Parts II and III (Articles 7-47A) — Laws of Bangladesh
  2. Constitution of Bangladesh, Article 102 — Laws of Bangladesh
  3. Constitution of Bangladesh, Articles 141B and 141C (emergency provisions) — Laws of Bangladesh
  4. Appellate Division, Dr Mohiuddin Farooque v Bangladesh (Flood Action Plan case), Civil Appeal No 24 of 1995 (25 July 1996) — ELAW
  5. Appellate Division, Bangladesh v BLAST, 8 SCOB [2016] AD 1 (24 May 2016)
  6. Ain o Salish Kendra (ASK) v Government of Bangladesh, 19 BLD 488 — ESCR-Net case summary
  7. The Daily Star, 24 July 2024 — A timely verdict (Appellate Division quota judgment)
  8. The Daily Star, 8 April 2026 — Families must be told within 12 hours of arrest
  9. Cyber Security Act 2026 (Act No 81 of 2026) — Laws of Bangladesh
  10. Prothom Alo, 30 July 2026 — Proposed Cyber Security (Amendment): 10 years' imprisonment for spreading rumours, disinformation
  11. Dhaka Tribune, 12 May 2025 — Government bans Awami League activities under the Anti-Terrorism Act
  12. The Business Standard, 6 September 2026 — NHRC and enforced disappearance prevention bills passed
  13. Dhaka Tribune, 13 February 2026 — 'Yes' wins in referendum on July Charter
  14. The Daily Star, 17 October 2026 — Bangladesh's cycle of failed reforms must end

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