I do not have enough context to make a determination about the constitutionality of specific laws. The constitutionality of laws often involves weighing complex legal principles and considerations.

1.  Dr. Shahnaz Huda
 (Do not use/quote except for examination
purposes)

3. Gender is the socially, religiously and culturally
constructed roles of men and women in society

4.  The Constitution of Bangladesh,
passed on the 4th
of November, 1972
(roughly a year after the declaration
of independence), declared four
principles of State—nationalism,
democracy, socialism and
secularism.

5. In 1977, by virtue of a
Proclamation Order, secularism,
one of the ideals in the original
Constitution, was substituted by
the phrase ‘absolute trust and
faith in Almighty Allah’.

6.  In 1988, as a further step to the
Islamization process, Article 2A was
inserted by virtue of the Constitution
(Eighth Amendment) Act 1988 which
states that the ‘State religion is Islam,
but other religions may be practiced
in peace and harmony in the
Republic’.

7.  By the 15th
Amendment of the Constitution we are
now back to the original Constitution in the sense
that secularism is again a principle of State policy.

8.  Article 7 of the Constitution declares that
any existing law of the state which is
inconsistent with any provision of the
Constitution shall be void.
 Articles 27, 28 and 29 of the Constitution
declares the principles of non-
discrimination.

9.  Like most constitutions, formal equality is explicitly
enshrined in the Bangladeshi Constitution also and
 Article 19(3) of the Constitution of Bangladesh,
1972 deals with the participation of women in
national life and states:
The State Shall endeavor to ensure equality of
opportunity and participation of women in all
spheres of national life.



10.  Article 27.- EQUALITY BEFORE LAW
“All citizens are equal before
law and are entitled to
equal protection of law”.

11.  means the unjust or prejudicial treatment of
different categories of people or things, especially
on the grounds of race, age, or sex.
 Discrimination is the practice of treating one
person or group of people less fairly or less well
than other people or groups.

12.  Article 28.- DISCRIMINATION
ON GROUNDS OF RELIGION
ETC.
(1) “The State shall not
discriminate against any citizen
on the grounds only of religion,
race caste, sex or place of
birth.”
(2) “Women shall have equal

13.  Article 28 (3) deals with non-discrimination
on gender and other grounds not being
grounds to any disability, liability,
restriction or condition with regard to
access to any place of public
entertainment or resort, or admission to
any educational institution

14.  NOTHING IN THIS ARTICLE
SHALL PREVENT THE STATE
FROM MAKING SPECIAL
PROVISION IN FAVOUR OF
WOMEN OR CHILDREN OR
FOR THE ADVANCEMENT OF
ANY BACKWARD SECTION OF
SOCIETY

15.  Article 29 ensures: ‘Equality of opportunity in public
employment’ and states,
 (1) There shall be equality of opportunity for all
citizens in respect of employment or office in the service
of the Republic.
 (2) No citizen shall on grounds only of religion, race,
caste, sex or place of birth, be ineligible for, or
discriminated against in respect of any employment or
office in the service of the Republic.


16.  (3) Nothing in this article shall prevent the State from --
 (a) making special provision in favour of any
backward section of citizens for the purpose of securing
their adequate representation in the service of the
Republic;
 (b) giving effect to any law which makes provisions for
reserving appointment relating to any religious or denominational
institution to persons of that religion or denomination;
 (c) reserving for members of one sex any class of
employment or office on the ground that it is considered by its
nature to be unsuited to members of the opposite sex.


17.  Article 65(3): By an amendment in 2011, now
there are 50 reserved seats for women who shall
be elected by the MP’s on the basis of
proportional representation in the Parliament
through single transferable vote:
The Constitution however provides that women
shall not be prevented from being elected to any
of the seats by direct election.

18. Article 44 confers the right
to move to the High Court
for enforcement---under
Article 102 a WRIT may be
filed.

19.  Duhaime's Law Dictionary defines citizenship
as:
“The status of an individual as owing
allegiance to, and enjoying the benefits of, a
designated state”
Citizenship means the rights and
responsibilities that relate to the individual as
a member of a sovereign political community.

20.  Articles 6(1) and 152 of the Constitution of
Bangladesh states that citizenship of Bangladesh
shall be determined by law.
 Relevant laws are
 THE CITIZENSHIP ACT, 1951
 THE BANGLADESH CITIZENSHIP
(TEMPORARY PROVISIONS)ORDER, 1972
 BANGLADESH CITIZENSHIP (TEMPORARY
PROVISIONS) RULES, 1978

21.  Citizenship could only be transmitted through the
father (Sayeeda Rahman Malkani vs. Bangladesh)
 The Citizenship (Amendment) Act, 2009 was
passed on the 3rd
of March, 2009—now foreign
children having Bangladeshi mothers will
automatically get Bangladeshi citizenship.

22.  A Bangladeshi woman married to a foreigner
cannot still transmit citizenship to her foreign
husband as easily as a man…
 A Bangladeshi man can transmit
Bangladeshi citizenship to his foreign wife.....
([See Rule 4(a) of BANGLADESH
CITIZENSHIP (TEMPORARY PROVISIONS)
RULES, 1978 which states:
If the applicant is a foreign woman and married to a
Bangladeshi and has resided in Bangladesh ordinarily
for a period of 2 years

23.  The Appellate Division and the High Court
Division in the cases of
 Dalia Perveen vs Bangladesh
Biman 48 DLR 132
Rabia Basri Irene vs. Bangladesh
Biman 52 DLR 308

24. Discrimination in the matter of fixing the age of
retirement of the Stewards and Stewardesses.
 Gender based discrimination
Held by the Courts to be Discriminatory and
violative of Article 28 of the Constitution and
therefore not legal.

25.  Public Interest Litigation may be defined as legal
action through the Courts that is intended to
promote the interests of the public or a large
portion of the public...and a person, on behalf of
such group, may approach the Court.
 Bangladeshi Courts have played a pro-active role and
in several cases upheld the gender based anti-
discriminatory clauses of the Constitution…..

26. 
High Court laid down guidelines
which must be followed in
educational institutions and work
places to combat ‘sexual
harassment’

27. Mrs.Salma Ali vs. Secretary, Ministry of Home Affairs and
others WRIT PETITION NO. 212 OF 2000
 The Government Respondents were ordered by the Court
to take several steps to improve the situation of the campus
‘for improvement of the law and order situation and
protection of the life and liberty of ordinary citizens and
women in particular (italics mine) in the Dhaka City area,
particularly, within the campus of the University of Dhaka
and its adjoining areas’.

28.  The petitioners in that case, 10 in number, were
elected as Ward Commissioners of Khulna City
Corporation to seats reserved for women. They
sued the Government on the grounds that by
certain administrative actions which had
restricted and curtailed their powers, they had
been discriminated against.

29.  ”In our day-to-day life, in order to forsake
discrimination towards women in real and practical
sense, a mere equal treatment would not do. The
handicaps and drawbacks inherent in the life of a
woman in our social context must be appreciated.

30. ……As such, a mere equal treatment , in the juristic
sense, would not eradicate the difficulties and the
consequent evils of inequality faced continuously
by a woman at home and in her daily life, be she a
working lady in an office or a professional , her
career is always hedged with immense hurdles

31. and in order to bring her on equal footing with man,
a further leeway of leverage, in her favour, in
order to balance these hindrances, is required
otherwise, the constitutional commitments to bring
in the fundamental rights of gender equality, as
enshrined in the Constitution, would be a
mockery”

32.  Despite the fact that secularism was considered
to be one of the basic pillars of the identity of
Bangladeshi nationalism at the time of
independence, there was no attempt even at
that stage to introduce uniformity as regards
family and personal matters. Each religious
community therefore continued to be governed
by their own personal laws as regards family
matters.

33. Despite gender equality being generally guaranteed,
especially in State and Public affairs, the
Bangladesh Constitution provides for affirmative
action or positive discrimination in some cases.
AFFIRMATIVE ACTION may be defined as special
measures taken to improve opportunities of certain
groups of people who have been unrepresented in
the past or have been deprived of opportunities.

34.  The Constitution in Article 28 (4) states that the
State shall not be prevented “from making special
provision in favour of women or children or for the
advancement of any backward section of citizens”.

35.  Affirmative action is an action
taken to ensure representation
of a group of people who are or
have been generally or
traditionally excluded.
 Article 29(3)(a) and Article 65(3) are also
examples of affirmative action contained within the
Constitution.

36.  Many special laws exist to protect women
or to give them additional rights…e.g. Nari
O Shishu Nirjatan Daman Ain, 2000 etc;
Section of the CrPC and CPC etc
 Quota systems have been introduced to
ensure women’s participation in various
professions as well as at various stages of
Government service---judiciary, civil service
etc

37.  Constitution provides for reserved seats for
women in Parliament while other Statutes provide
for reserved seats in Union Parishads, Upazila
Parishads, City Corporations etc.

38.  Question: Discuss the different Constitutional
provisions, Statutory laws, policies which are
examples of affirmative action in favour of
women in Bangladesh . Are these laws and policies
unconstitutional???/

 Question: Are religious laws which are often
discriminatory unconstitutional????