Preventive Detention and Fundamental Rights

Author Topic: Preventive Detention and Fundamental Rights  (Read 1158 times)

Offline Nahid Afreen

  • Jr. Member
  • **
  • Posts: 50
    • View Profile
Preventive Detention and Fundamental Rights
« on: August 10, 2018, 02:59:32 AM »
Preventive Detention and Fundamental Rights

The fundamental rights of the people of Bangladesh have been enshrined in the consistent with these rights were made any law inconsistent with these rights certain right may, however, remain an emergency arising out of a threat to the country’s economic life.

Fundamental rights are regarded as an excellent product of civilization to put the concept of justice to work in the midst of divergent forces with conflicting class on individual interests such conflicts make it difficult to origin about equilibrium in the society for a peaceful and orderly association of citizens for their common good. An independent judiciary and strong democratic institution are the best guarantees against assault on the rights of the citizens. The fundamental rights in Bangladesh are listed under articles 27 to 44 to of part III and the jurisdiction of the High Court Division of the Supreme Court to enforce the rights is defined in article 102 of part VI of the constitution of 1972.

Articles 27 and 28 of the constitution provide that all citizens are equal before law and are entitled to equal protection of law and the state shall not discriminate against any citizen on grounds only of religion, race costs sex or place of birth article 31 and 32 provide that to enjoy the protection of the law and to be treated in accordance with law, is the inalienable right of every   citizens and no action detrimental to the life personal liberty body reputation or property of any person shall be taken except in accordance with law.

Article-133 provides that no person who is arrested shall be detained in custody without being informed on the grounds of such arrest, nor shall be denied the right to consult and be defended by legal practitioner of his choice, every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty four hours of such arrest and no such person shall be detained in custody beyond the said period without the authority of a magistrate except in the case of any person who for the time being is an enemy alien, or who is arrested on detained under any law providing  for preventive detention.
    Article 34 guarantees that all forms of forced labor are prohibited and any contravention of this provision shall be offence publishable in accordance with law, nothing in this article shall apply to compulsory labor by persons undergoing law full punishment for a criminal offence, or required by any law for public purpose .


source: The Constitution of the People's Republic of Bangladesh, 1972

« Last Edit: August 10, 2018, 04:39:23 AM by Nahid Afreen »
Nahid Afreen
Assistant Professor
Department of Law (FHSS)
Daffodil International University,
Advocate, Supreme Court of Bangladesh
Email: afreen.law@diu.edu.bd