The State Religion in the Constitution of Bangladesh: A Critic

Abstract

The constitutional recognition of Islam as the state religion in Bangladesh has sparked significant debates regarding its implications for secularism, equality, and the broader constitutional framework. Initially founded on the principles of secularism, the 1972 Constitution of Bangladesh marked a commitment to the separation of religion and state. However, subsequent constitutional amendments, particularly the Eighth Amendment in 1988, which declared Islam as the state religion, shifted the nation’s ideological trajectory. This critique examines the tension between the constitutional commitment to secularism and the privileging of a specific religion, analyzing its impact on religious minorities, human rights, and social cohesion. The study delves into the historical, political, and legal dimensions that shaped this transformation, exploring how religious identity and politics intersected in shaping state policies. It evaluates the jurisprudence of the Supreme Court of Bangladesh, international human rights obligations, and the social dynamics influenced by this constitutional provision. The research concludes by discussing pathways for harmonizing religious freedom with the principles of secular governance, advocating for a constitutional re-examination to promote inclusivity and uphold the original spirit of the Constitution.