VIOLATION OF FUNDAMENTAL RIGHTS IN BANGLADESH: AN OVERVIEW

ABSTRACT

This research monograph is focused on the fundamental rights in the Constitution of Bangladesh .This research monograph corely tries to analyse critically few fundamental rights like prohibition of foreign title, suspension of fundamental rights during emergency .Some cases regarding this rights also be studied in this research monograph. Finally some recommendations have been placed.

The frames of Bangladesh have been discussed in Article basis starting from the preamble of the constitution. The frames of these constitutions practically show concern for necessity of protecting human rights and ensuring fundamental freedoms. In the preamble of the constitution they declared that it shall be a fundamental object of the state to realize through the democratic process a society free from exploitation, a society in which the rule of law, the fundamental human rights and freedom, equality and justice, political, Economical and social will be secured for all citizens.

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 26 to 47 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.

18 fundamental rights have been enumerated in the constitution commencing from Article 27 to 44. All of these rights are civil and political rights. Fundamental Rights The fundamental rights of the people of Bangladesh have been enshrined in the constitution of the country. All past laws inconsistent with these rights were made void by the Constitution, and it enjoined upon the State not to make any law inconsistent with these rights. Certain rights may, however, remain suspended under the provisions of articles 141(a), 141(b) and 141(c) during an emergency arising out of a threat to the country’s security or economic life.

Bangladesh is not a classical case of civil rights. The level of awareness about the fundamentals of civil rights is still very poor. At the same time, civil rights of the people have been neither clearly defined nor practiced, as the Western theory of such rights does not match in the Bangladesh perspective. In a society like this where most people do not afford to fulfill basic needs of the families, the question of traditional notions of civil rights appears to be a sheer fashion, let alone establishment of the superstructure of the society.

TABLE OF CONTENTS	Page No
DESCRIPTIONS
CHAPTER-01 INTRODUCTION
1.1 Introduction	01
1.2 Research Question	03
1.3 Objective of the Study	03
1.4 Justification	04
1.5 Methodology of the study	04
1.6 Limitation of the work	05
CHAPTER-02 LITERATURE REVIEW
2.1 What are Human rights?	06
2.2 What are fundamental rights?	06
2.3 Nature of Fundamental Rights	06
2.4 Classification of Fundamental Rights	07
2.5 Fundamental Rights in Bangladesh constitution	08
2.6 Fundamental Rights In Bangladesh	08
2.7 Civil Rights in Bangladesh Perspective	11
2.8 When A Political Right Violates Some Of The Fundamental Rights	14
2.9 Why for fundamental rights	14
2.10 Hartal in the eye of law	15
CHAPTER-03 Distinction between Human rights and Fundamental rights		18-27
CHAPTER-04 Supremacy of the Fundamental Rights
4.1 Imposition of Restriction over Fundamental Right	28
4.2. The Enforcement of the Fundamental Rights	29
CHAPTER-05 Effect of Violation of Fundamental Rights
5.1 Prohibition of Foreign Title	33
5.2 Necessity in prohibiting foreign title.	34
5.3 Suspension of Fundamental Rights during emergency.	34
5.4 Amendment Relating to Enforceability of Fundamental Rights	36
CHAPTER-06 Some Case studies On the Fundamental rights:		39-41
CHAPTER-07 RECOMMENDATIONS & CONCLUSION
7.1 Recommendations	42
7.2 Conclusion	43
Reference	44-45