Tanzina Fardoush
Oniket Research Group
Equality is a constitutional commitment of the state, but its true value is measured by how far that commitment is reflected in people’s everyday lives. Bangladesh’s Constitution guarantees protection against discrimination based on religion, race, caste, sex, place of birth and social identity. Yet the country still lacks a comprehensive and effective legal framework to prevent discrimination and ensure remedies for those affected. As a result, although equal rights are recognised in law, many citizens continue to face unequal treatment in education, employment, property ownership, access to justice and social protection.
Article 27 of the Constitution guarantees equality before the law, while Article 28 prohibits discrimination on grounds of religion, race, caste, sex and place of birth. Article 29 ensures equal opportunities in public employment, and Article 31 guarantees the right to the protection of the law. Article 28(2) also recognises women’s equal rights in all spheres of state and public life.
However, there is no comprehensive mechanism to receive complaints, investigate violations, award compensation or hold those responsible to account when these rights are breached. The proposed Anti-Discrimination Bill, which attracted considerable attention in 2022, never became law. The gap between constitutional promises and people’s actual experiences therefore remains. Any effective legislation must also provide for independent oversight, annual reporting and systematic collection of data on discrimination.
Why Bangladesh Needs an Anti-Discrimination Law
An effective anti-discrimination law must clearly define discrimination and distinguish between direct and indirect discrimination. It should also address harassment, victimisation and the failure to provide reasonable accommodation where necessary.
Legal protection must extend to education, employment, housing, healthcare, public services and access to goods and facilities. Equally important are accessible complaint procedures, time-bound investigations, legal assistance, compensation and appropriate penalties where violations occur. Simply prohibiting discrimination is not enough. People who experience it must have a realistic opportunity to seek justice and obtain an effective remedy.
Protecting Religious and Ethnic Diversity
Article 2A of the Constitution recognises Islam as the state religion while also providing for equal status and equal rights in the practice of other religions. Article 41 guarantees every citizen the right to profess, practise and propagate their religion, as well as the right of religious communities to establish and manage their institutions.
Despite these constitutional protections, ensuring justice in cases involving violence against religious minorities, attacks on places of worship, property grabbing and social discrimination remains a major challenge.
India offers two relevant examples: the Protection of Civil Rights Act, 1955, and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Both provide specific legal protections against discrimination and violence targeting particular communities, including provisions for assistance and judicial remedies.
South Africa’s Promotion of Equality and Prevention of Unfair Discrimination Act, 2000, establishes a broader framework for preventing discrimination and promoting equality. Bangladesh does not need to adopt these laws word for word. However, it can draw on their provisions to develop stronger safeguards for religious and ethnic minorities, small ethnic communities and other marginalised groups. Clear legal protections, prompt investigations, witness protection and compensation should form part of that framework.
Regional Inequality and Land Rights
Discrimination is not limited to individual identity. Unequal distribution of public resources and development opportunities can also restrict citizens’ ability to enjoy equal rights. According to the Bangladesh Bureau of Statistics’ Poverty Map 2022, the poverty rate stands at 26.6 per cent in Barishal Division, 25 per cent in Rangpur and 22.6 per cent in Mymensingh. In Chattogram, the rate is 15.2 per cent. These regional differences show how geographical location can influence access to education, healthcare, employment and a decent standard of living.
Development budgets should therefore take more than population size into account. Poverty levels, climate vulnerability, infrastructure deficits and gaps in access to essential services must also guide the allocation of public resources. In the Chittagong Hill Tracts, questions of land ownership and identity deserve particular attention.
The 1997 Chittagong Hill Tracts Peace Accord committed the state to resolving land disputes, strengthening regional administration and recognising the rights of local communities. However, concerns remain over the effectiveness of the Land Commission, delays in resolving disputes and the security of land rights. Setting clear deadlines for dispute resolution, preventing illegal land occupation, ensuring fair hearings and involving local communities in the process are essential steps towards addressing these concerns.
Gender Equality and Personal Laws
There are clear inconsistencies in Bangladesh’s legal framework when it comes to women’s equality. Although Article 28(2) of the Constitution guarantees women equal rights in all spheres of state and public life, religious personal laws continue to govern matters such as marriage, divorce, maintenance and inheritance. Consequently, women’s rights and access to remedies often depend on their religious identity and the family laws that apply to them.
Although reforming personal laws remains a subject of considerable debate, the state has a responsibility to ensure fairness in matters of women’s safety, consent, property rights, financial maintenance and child guardianship. An exception under Section 375 of the Penal Code, 1860, excludes certain sexual acts within marriage from the legal definition of rape, based on the wife’s age. This provision raises serious questions about the recognition of consent and women’s bodily autonomy within marriage.
The law must be brought into line with the principles of individual autonomy, consent and personal safety. The Women and Children Repression Prevention Act, 2000, and the Domestic Violence (Prevention and Protection) Act, 2010, provide important safeguards. However, their implementation needs to improve, particularly in receiving complaints, providing safe accommodation and legal assistance, and ensuring timely trials.
In 2025, the Women’s Affairs Reform Commission made recommendations on a range of issues, including family rights, equal guardianship, marital rape and institutional protection for women. Implementing these proposals requires open discussion that takes social and religious sensitivities into account. However, essential reforms concerning violence prevention, maintenance, workplace safety and access to legal assistance should not be held back by disagreements over broader and more contentious issues.
International Experience and What Bangladesh Should Do
Bangladesh can draw useful lessons from the legal frameworks adopted by other countries. The UK’s Equality Act 2010 prohibits discrimination on several grounds, including age, disability, sex, religion, race and sexual orientation. Its provisions apply to employment, education, housing and public services.
South Africa’s anti-discrimination legislation, meanwhile, provides a route to legal remedies through specialised equality courts. These experiences demonstrate that the effectiveness of anti-discrimination legislation depends not only on the protections it contains but also on the independence of oversight institutions, accessible complaint procedures and the availability of meaningful remedies.
Any new legislation in Bangladesh must reflect the country’s social and cultural realities while remaining consistent with constitutional principles and international human rights commitments.
Four areas should be prioritised.
First, Bangladesh needs comprehensive legislation prohibiting discrimination on grounds including religion, ethnicity, race, sex, disability, age, place of birth and occupation. Second, the National Human Rights Commission must be given greater independence, adequate funding, investigative powers and the capacity to ensure that its recommendations lead to meaningful action. Third, personal and criminal laws should be reviewed to bring them into line with constitutional equality and human dignity. Fourth, measurable targets and accountability mechanisms must be established for regional development, land rights and access to public services among marginalised communities.
Conclusion
A country’s development cannot be measured solely through per capita income, infrastructure or economic growth figures. Development becomes meaningful when no citizen is denied their rights or dignity because of their religion, gender, ethnic identity, disability or place of birth.
Bangladesh’s Constitution has already established the foundations of equality. The task now is to turn that commitment into effective legal protection. Recognising diversity is not simply an expression of tolerance or goodwill. It is a matter of protecting citizens’ rights and fulfilling the state’s constitutional responsibilities.
