Monday, September 7, 2015

Constitution of Bangladesh, "Islam" and Secularism and Freedom of Speech


"Religion" and its state in Bangladesh Constitution, a study 



Ex-President Zia added "Bismillahir-Rahmaanir-Rahim" into the Constitution.

Section 2.A, added by ex-president H.M. Ershad,  says Bangladesh is an Islamic-Republic [fig-1].
fig-1

Question #1: Can we be Islamic Republic and still call "Secularism" as the Fourth Pillar of our constitution ?  

Section 12 says the state is to be "Secular", will have "freedom of religion". 12(a) says its to be communal state. [fig-2] . What is communal one may ask :



How can 2A and 12(a)  coexist in the same constitution ?  In a collection of communities how can one faith be adopted as the "Faith of the State" and still be true to the communion.


A recent WRIT petition challenging 2A seems like a much needed correction for a coherent constitution.







Question #2: How do we have religion based political parties in Bangladesh ? 


Section 12(b) says that the STATE will not provide "Political Status" to any religion [fig-2].   So can there exist any religion based political parties ( like:  Jamat-e-Islami, JMB, Chatra Shibir etc)  in Bangladesh when we have the 12.(b) in our constitution!?


fig-2

Look at the Section 41 that goes a bit detail on how religious freedom is to be fostered.





and protects citizens of any religion equally:




And here is the "Freedom of Speech" clause from the constitution :



  

No comments:

Post a Comment