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Bangladesh and Religious Freedom
Context:
The desecration of Hindu temples in Bangladesh and the arrest of Hindu monk Chinmoy Krishna Das on sedition charges represent a serious breach of Bangladesh’s constitutional commitments and a violation of international human rights law.
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- India’s expression of concern over the infringement of minority rights in Bangladesh is both justified and necessary.
- However, the response from Bangladesh’s Foreign Ministry has been disheartening, reflecting a typical defensive stance often adopted by governments accused of violating minority rights.
- Approximately 20 million Hindus, Christians, Buddhists, and Ahmadiyyas—Bangladesh’s minority communities—are increasingly vulnerable under an interim government that has shown little inclination to curb majoritarian Islamist violence.
Foundational Principles of Bangladesh:
- No to Two-Nation Theory: Bangladesh was born out of a rejection of the divisive two-nation theory championed by Veer Savarkar and Muhammad Ali Jinnah, which led to the creation of Pakistan.
- Secular: Unlike Pakistan, which was founded on religious identity, Bangladesh emerged in 1971 as a nation rooted in secular and inclusive “Bangla” nationalism.
- Its constitution, adopted on November 4, 1972, emphasised four core principles: nationalism, democracy, socialism, and secularism.
- Democracy: The preamble underscored the state’s commitment to establishing a socialist society through democratic processes, ensuring equality, justice, and fundamental rights for all citizens.
Islam as the State Religion:
- Amendments: Although the original constitution was secular, subsequent amendments altered its character.
- In 1977, under military rule, the principle of secularism was removed.
- In 1988, General Ershad introduced Article 2A, declaring Islam the state religion, while still permitting the practice of other religions in peace.
- Contradiction Persists: Although the High Court and Supreme Court later invalidated these changes in 2005 and 2010, reaffirming the secular nature of the constitution, contradictions persist.
- For instance, the 15th amendment in 2011 reinserted secularism but retained phrases invoking Allah in the preamble, albeit with an attempt to accommodate other faiths by including references to the “Creator.”
Religious Equality and Secularism:
- Equality: Article 2A promises equal status and rights for Hindus, Buddhists, Christians, and other religious groups.
- However, declaring Islam as the state religion while advocating for equality creates an inherent contradiction.
- Secularism: The constitution’s commitment to secularism is outlined in Article 12, which mandates the elimination of communalism, prohibits the misuse of religion for political purposes, and ensures freedom from religious persecution.
- Article 8(1) reinforces secularism, nationalism, democracy, and socialism as fundamental principles, while Article 38 prohibits the formation of associations that promote religious discrimination or disharmony.
- Minority Protection: Article 23A further obliges the state to protect and promote the unique traditions of ethnic and minority communities.
- Unlike Pakistan, Bangladesh’s constitution does not impose religious qualifications for constitutional offices, underscoring its secular aspirations.
Freedom of Religion:
- Bangladesh’s constitution guarantees absolute freedom of religion under Article 41, allowing citizens to profess, practice, and propagate their faith, subject to public order and morality.
- Religious communities are also entitled to manage their institutions.
- While similar to India’s provisions, Bangladesh permits religious instruction in educational institutions for individuals’ own faiths, which differs from India’s stricter secular approach.
- Article 28(1) prohibits discrimination based on religion, race, caste, sex, or place of birth, extending this protection to access to public spaces and educational institutions.
- These provisions reflect a robust commitment to equality and non-discrimination, surpassing some comparable protections in India.
Call to Action:
- The interim government of Bangladesh is constitutionally obligated to uphold these foundational principles to preserve the trust of its citizens and protect the rights of minorities.
- Immediate intervention by the judiciary, akin to its actions in 2005 and 2010, is necessary to address ongoing violations and reaffirm Bangladesh’s commitment to its secular and inclusive identity.
