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Short Note–1.Fundamental Rights of Bangladesh2.”Equality before Law” mean?

Author:-Advocate Shoaibur Rahman Shoaib

1. Fundamental Rights:–

Dear readers it is very important post for all people because all of us have to know our fundamental rights. Please post your comments regarding what you know about fundamental rights.
Fundamental rights are those rights of a person which are guaranteed by the Constitutions. All fundamental rights are human rights but all human rights are not fundamental rights because of Constitutional guarantee. Constitution does not preserve the human rights.

Article 27 to Article 44 of the constitution says about the fundamental rights of the people:–

Both the citizen of Bangladesh and Foreigner only can enjoy 6 rights among these eighteen fundamental rights. The citizens of Bangladesh exclusively enjoy the rest twelve fundamental rights.

The six rights which are for all, these are as follows….

1. Protection of right to life and personal liberty (Article 32)
2. Safeguards as to arrest and detention (Article 33)
3. Prohibition of forced labour (Article 34)
4. Protection in respect of trial and punishment (Article 35)
5. Freedom of religion (Article 41)
6. Enforcement of fundamental rights (Article 44)

The citizens of Bangladesh exclusively enjoy twelve fundamental rights. These twelve rights are only for Bangladeshi. These rights are as follows…

1. Equality before law (Article 27)
2. No discrimination on grounds of religion, etc. (Article 28)
3. Equality of opportunity in public employment (Article 29)
4. Prohibition in case of taking foreign titles, etc. (Article 30)
5. Right to protection of law (Article 31)
6. Freedom of movement (Article 36)
7. Freedom of assembly (Article 37)
8. Freedom of association (Article 38)
9. Freedom of thought and conscience, and of speech (Article 39)
10. Freedom of profession or occupation (Article 40)
11. Rights to property (Article 42)
12.  Protection of home and correspondence (Article 43)

Universal Declaration of Human Rights provides in its Article 8 that, “Everyone has the right to an effective remedy by the competent national tribunal for act violating the fundamental rights, guaranteed to him by constitution or by law”

So we can say that the violation of rights of a person is punishable.

2.”Equality before Law” mean?

Equality before law is the most important Article and fundamental concept of our constitution. General meanings of equality before law is all persons, regardless of wealth, social status, or the political power wielded by them, are to treat the same before the law. Article 27 of the Constitution of the People’s Republic of Bangladesh provides that “all citizens are equal before the law and are entitled to equal protection of law “Most of the constitutions of the world carrying this article. Meaning of this article is that the citizens of the country are equal before the law. That means all citizens of the same standers or of the same classes are equal.

All citizens are equal that is if any of them commit any crime they will punished for their done crime. There are no difference between a president and a day worker. Let, someone has killed Mr. A, court does not look after the person, court will just see that either he or she commit murder. If it is proved before the court that he or she commits such crime than he or she must be equally punished with life imprisonment or death in Bangladesh perspective. Section 302 of the Penal Code 1860 provides that whoever commits murder shall be punished with death or imprisonment for life, and shall also be liable to fine. At the same time every person have the equal right to seek remedy to the court.

Above mentioned things is the general meaning of equality before law. But it is not applicable in the field. We see that Law, Justice, Equity are controlled by the power of the political persons. Poor peoples are deprived from their rights, proper justice, adequate treatment, equal access to justice system. Universal Declaration of Human Rights in its article 1 says that all human beings are born free and equal in dignity and rights.

Posted from Advocate Shoaibur Rahman Shoaib

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