The InternationalCovenant on Civil and Political Rights: A Study on Bangladesh Compliance
ruled that the Fifth Amendment to the Constitution was
unconstitutional. Ratified in 1979, the Fifth Amendment
overturned a previous law banning unions, associations, or
parties based on religion and stating that all citizens have a
right to form a union, association, or party for whatever
purpose they desire. The ruling returned avowed secularism
to the Constitution and nominally banned Islamic political
parties; however, the government made it clear that the ban
would not be strictly enforced. Yet, the matter remained
under debate at the highest levels of the government, and
finally, after the Fifteenth Amendment, contrasting norms of
Islam as the State-religion and secularism co-exist in the
Constitution.
Besides this, under the Penal Code, any person who has a
‘deliberate’ or ‘malicious’ intention of hurting religious
sentiments is liable to face imprisonment. In addition, the
Code of Criminal Procedure states that “the government
may confiscate all copies of a newspaper if it publishes
anything that creates enmity and hatred among the citizens
or denigrates religious beliefs.”
Access to Justice:
While the notion of justice creates images of the rule of law,
resolution of disputes and mechanisms for the enforcement
of laws, intrinsic to the notion of justice is access to justice
47
S. Khair, Legal Empowerment for the Poor and the Disadvantaged: Strategies,
Achievements and Challenges (Dhaka: privately printed, 2008), 3.
48
Ibid, 4.
43