"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 :
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