Human Rights and Constitutional Accountability in Bangladesh

By

Surja Mandal

In April 2023, landless fishing families living in the river char areas near the Sundarbans were evicted due to government planning. Their homes and livelihoods were destroyed and there was no prior notice or rehabilitation. The incident left the families economically and socially devastated. It clearly shows that even poor people have constitutional rights such as the right to life, property and security and it is the state’s responsibility to protect them through the law.

The plight of the poor fishermen families evicted from the Sundarbans char areas is not an isolated problem. It reflects a larger policy and institutional failure against the poor and constitutionally vulnerable population of the country. When the rights of citizens to life, property and livelihood are violated, the constitutional responsibility of the state comes into question.     The constitution and human rights law oblige the state to protect citizens and prevent abuse of power.

Human rights are the fundamental rights that every human being is born with. They help ensure that people live their lives in harmony with dignity, freedom,     and equality. Human rights are not a favor or gift from any state; they are natural and internationally recognized rights that all citizens are entitled to. The state has the responsibility to protect these rights and prevent them from being violated. The constitution not only grants power to the state; it also makes state institutions accountable to the citizens. Constitutional accountability ensures that the government’s actions are within the bounds of the law and that citizens can seek redress if their fundamental rights are violated. It is the foundation of democracy, which obliges the state to ensure accountability to the people.

The Constitution of Bangladesh has made clear provisions to protect the fundamental rights of citizens. For example, Articles 27-44 ensure legal equality, freedom of expression, personal liberty and security.  According to the Constitution, no citizen can be unjustly humiliated, imprisoned or prevented from expressing his opinion. These rights are part of the responsibility of the state, which is obliged to protect the life and dignity of citizens.

The judiciary plays a crucial role as the guardian of the constitution. When a citizen’s fundamental rights such as freedom of expression, personal liberty or security of life are violated, the courts can ensure redress through judicial process. According to Articles 44 and 102, the High Court Division in Bangladesh has both appellate and original jurisdiction. Which has created a system of protection for citizens and review the legality of state action, which strengthens constitutional accountability.

The executive branch and law enforcement agencies are responsible for acting in accordance with the constitution. The administration plays a direct role in protecting the fundamental rights of citizens, such as complying with the law when carrying out evictions, arrests, or security-related activities. This responsibility of the state, according to the constitution and human rights law, ensures accountability to the people and plays an important role in preventing abuse of power.

Several reports on the current human rights situation, show that serious violations continue to occur in various issues in the country. A 2025 Human Rights Monitoring Report found that at least 156 people were killed and 242 injured in protests, mob violence and political clashes in 276 areas last year; at the same time, 1,909 women and girls were reported as victims of sexual violence, of which 789 were raped. These data appear to be a major challenge to the security of civil life and the protection of fundamental rights.

Human rights violations not only harm individuals; they also weaken a country’s democracy. When citizens’ freedom of expression, right to equality or security of life are violated, public trust in state institutions and government declines. In the long run, this affects political stability, participatory governance, and the rule of law. Protecting citizens’ fundamental rights is essential to maintaining a healthy democracy.

When state accountability is weak, the rule of law naturally weakens. If the administration and law enforcement agencies do not act in accordance with the constitution and the law, the protection of citizens’ rights is disrupted. In the long run, this creates a culture of irregularities, abuse of power and lack of rule of law in society. Civil society, journalism and human rights organizations play a crucial role in ensuring state accountability. They expose human rights violations, create awareness and demand justice from the administration and government. Media and NGOs allow citizens to express their views without fear and create pressure to comply with the constitution and the law. In this way, they ensure the protection of democratic values ​​and human rights.

Reforms in the country’s legal and institutional framework are essential to ensure effective constitutional accountability. The administration, judiciary and law enforcement agencies must work more transparently, responsibly and in accordance with the law. This will help protect the fundamental rights of citizens and reduce abuse of power. Without institutional reforms, the constitution remains only on paper.

Transparency, an independent judiciary, administrative accountability, and human rights education are essential to ensure human rights and constitutional accountability in the future. Good governance can be ensured through joint efforts of the government and civil society. When citizens are aware of their rights, the administration and law enforcement agencies will ensure greater accountability. These steps will increase trust between the state and the people and will help build a strong democracy.

Protecting the rights of a citizen means ensuring the strength of the entire society. The eviction of the Sundarbans fishing families is a clear sign that we need to protect human rights in real life, not just on paper. Protecting human rights is not just a legal obligation; it is a symbol of the moral and constitutional commitment of the state. The government builds a strong and just society by protecting the life, freedom and dignity of citizens. In a state governed by the constitution and the law, citizens come forward as safe, aware and active participants in society. Ensuring the protection of the fundamental rights of citizens is the foundation of democracy and the formation of a stable society.

Surja Mandal is an LL.B. student at the World University of Bangladesh and a Campus Ambassador at BIJA.