Religious Freedom and Minority Rights in Bangladesh

In recent weeks, there have been growing concerns over the violation of religious minority rights in Bangladesh. This includes the desecration of Hindu temples and the arrest of Hindu monk Chinmoy Krishna Das on charges of sedition.

Bangladesh’s Constitutional Promises

• The Constitution of Bangladesh, adopted in 1972, promises secularism, democracy, and equal rights for all religious communities. It establishes that Bangladesh is not based on religion but on the secular idea of "Bangla" nationalism. The Constitution enshrines several fundamental rights, including religious freedom and the right to practice one's religion without discrimination.
  • Secularism and Equal Rights: The preamble of Bangladesh’s Constitution mentions secularism, democracy, socialism, and nationalism as its core principles. Secularism was initially a part of the Constitution but was removed during military rule in the 1970s. However, it was reinstated in 2011.
  • Religious Freedom: The Constitution guarantees freedom of religion (Article 41), meaning citizens can practice, propagate, and manage their religious affairs. It also prohibits discrimination based on religion, as stated in Article 28, which mirrors India’s Constitution (Article 15) in prohibiting religious discrimination in public spaces.
• Despite these provisions, the treatment of religious minorities in Bangladesh, especially Hindus, has come under scrutiny due to recent events.

The Role of Islam in Bangladesh's Constitution

Although Bangladesh’s Constitution originally embraced secularism, it later underwent changes that brought Islam into a more prominent position.

• Islam as State Religion: In 1977, General Ziaur Rahman amended the Constitution to declare Islam as the state religion, although religious freedom was still allowed. Later, in 1988, General Ershad inserted Article 2A, explicitly stating that Islam is the state religion. However, the Constitution also promises equal rights for Hindus, Buddhists, and Christians, which creates a contradiction in the document.
• Secularism Restored: In 2011, following a court ruling, secularism was reinserted into the Constitution through the 15th amendment. The amendment removed certain religious references but retained others to maintain a balance between secularism and respect for Islam.

This duality of secularism with Islam as the state religion has led to tensions, especially in the treatment of religious minorities in practice.

What Needs to Change?

For Bangladesh to fulfill its constitutional promises and ensure the safety of its minority communities, immediate steps are necessary:

• Strengthen Legal Protections: The Bangladesh government must act swiftly to protect religious minorities from violence and discrimination. This includes implementing stronger legal measures and ensuring that offenders are held accountable.
• Uphold Secularism: The government must reaffirm its commitment to secularism and prevent any religious-based discrimination from taking root in society. It should also ensure that the principle of secularism is effectively enforced, as guaranteed by the Constitution.
• Promote Tolerance and Inclusivity: Bangladesh needs to foster a culture of tolerance and inclusivity, ensuring that all religious communities, regardless of their size or influence, are treated equally and with respect.
• International Support and Pressure: As a neighbor and regional partner, India has the right to express concern over the violation of human rights and minority rights in Bangladesh. International human rights organizations and global diplomatic bodies must also pressure Bangladesh to uphold its commitments to minority protection.