What is a right?
Right means a claim of some interests adverted by an individual or a group of individuals which has either moral or legal basis and which is essential for the development of the society. In a sense, right is not created by law. It originates itself as an obvious result of mutual interaction between man and society.
What are human rights?
Human rights are those of legal and moral rights which can be claimed by any person for the very reason that is a human being. These rights origin by birth and applicable to all people throughout the world irrespective of their race, color, sex, language or political or other opinion. These are therefore those rights that are inherent in human person and without which they cannot live as human beings.
What are fundamental rights?
The term fundamental right is a technical one, for when certain human rights are written down in a constitution and protected by constitutional guarantees they are called fundamental rights. They are called fundamental rights in that sense that they are placed in the supreme or fundamental law of the land which has a supreme authority over all other laws of the land. Article 26 to 47 of the constitution of Bangladesh confers a number of substantive fundamental rights on every citizen of Bangladesh e.g. the right to freedom of expression, assembly, association, movement and profession etc.
Fundamental Rights in the Constitution of Bangladesh
18 fundamental rights have been enumerated in the constitution commencing from Article 27 to 44. All of these rights are civil and political rights. These 18 fundamental rights may be firstly divided into two groups:
a. Rights granted to all persons-citizen and non citizen alike. These are six rights enumerated in Articles 32, 33, 34, 35, 41 and 44 of the constitution.
b. Rights granted to citizens of Bangladesh only, these are 12 rights enumerated in Articles 27, 28, 29, 30, 31, 36, 37, 38, 39, 40, 42 and 43.
Classification of Fundamental Rights
The Fundamental Rights enumerated in the Bangladesh Constitution may be classified into the following three groups:
A. Absolute Rights:
1. Equality before law, (Art. 27).
2. Discrimination on grounds of religion etc (Art.28).
3. Equity of opportunity in public employment (Art.29).
4. Prohibition of foreign titles etc (Art.30).
5. Safe guards as to arrest and detention (Art.33).
6. Prohibition of forced labour (Art.34).
7. Protection in respect of trial and punishment (Art.35).
8. Enforcement of Fundamental Rights (Art.44).
B. Rights on which reasonable restriction can be imposed:
1. Freedom of movement (Art.36).
2. Freedom of Assembly (Art.37).
3. Freedom of Association (Art.38).
4. Freedom of thought and conscience and of speech (Art.39).
5. Freedom of religion (Art. 40)
6. Protection of home and correspondence.
C. Fundamental rights which has been practically left to the legislature
1. Right to protection of law (Art.31)
2. Protection of right to life and personal liberty (Art.32)
3. Right to lawful profession, occupation or business (Art.40)
4. Protection of property right (Art.42)
