Fundamental Rights in Bangladesh: A Critical Overview

Abstract

Exercise of rule of law can only mitigate the impediments on the term fundamental right is a technical one, for when certain human rights are written down in a constitution and protected by constitutional guarantees they are called fundamental rights. They are called fundamental rights in that sense that they are placed in the supreme or fundamental law of the land which has a supreme society over all other law of the land. Article 27 to 44 of Bangladesh constitution confers a number of substantive fundamental rights on every citizen of Bangladesh e.g. the right to freedom of expression, assembly, association, movement and profession. Main objectives of this thesis are- To find out the procedure of enforcement of article 27, 31, 33, 35 namely Equality before law, Right to protection of Law, Safeguard as to arrest and detention, Protection in respect of trial and punishment. Violation of this Acts. Consequence of violation of this Acts. And how can overcome this problem. In this research only secondary data have been applied. Secondary data have been collected from various Acts, Books, Articles, Journals, Newspapers, and Web-sites etc. This thesis has found some issues which violates the fundamental rights of the citizen of Bangladesh. However this thesis has suggested some points to proper implementation of fundamental rights in Bangladesh such as; Government should take hard steps regarding death in police custody. Government and all political parties should need to reach in a settlement about this burning issue, as article 33(2) of Bangladesh constitution stated clearly that every person who is arrested and detained in custody shall be produced before magistrate court within 24 hours. Government should need to take appropriate steps to prevent corruption and provide adequate knowledge regarding protection of fundamental rights to the police force.