INTRODUCTION
Religious minorities around the world face social, economic, and cultural discrimination, and Bangladesh is no exception. Since 1971, the nation has experienced recurrent communal tensions, violence, and the socio-economic marginalisation of minorities, despite having a diverse and culturally rich population that includes communities of Christians, Buddhists, and Hindus. Even though international agreements like the UDHR, ICCPR, ICESCR, and CERD, as well as constitutional protections, offer protection, recent events show that minority rights and safety are still at risk. This blog focuses on Bangladesh’s legal system and the main obstacles to adequately safeguarding religious minorities.
RELIGIOUS MINORITIES IN BANGLADESH: A BRIEF CONTEXT
Bangladesh is a country full of culture and diversity, with Islam being the majority religion and other religions like Hinduism (8.5%), Buddhism (0.6%), and Christianity (0.3%) being the minority ones.[1] The diversity is shaped by events like the partition of British India in 1947, followed by the formation of Bangladesh in 1971. Though the constitutional framework of Bangladesh guarantees the right to equality and freedom of religion, minorities continue to face marginalisation and inequality. Incidents of such cases are reported in Bangladesh to date, with the recent incidents, such as the killing of a Hindu individual and the burning of a Hindu household, being among the instances.
INTERNATIONAL LEGAL FRAMEWORK FOR THE PROTECTION OF RELIGIOUS MINORITIES
There are several international instruments that are framed to ensure equality, freedom of religion, and protection from discrimination and violence. The Universal Declaration of Human Rights (1948), though non-binding on the states, lays down provisions such as articles 1, 2, and 18[2] for the right to equality, prohibition of discrimination, and freedom of thought, conscience, and religion, respectively.
The International Covenant on Civil and Political Rights (ICCPR) 1976, and the International Covenant on Economic, Social and Cultural Rights (ICESCR) 1976, are both ratified by Bangladesh. In ICCPR, religious minorities get rights through Articles 2, 6, 18, and 26,[3] which are equality before law, right to life, freedom of religion and non-discrimination, respectively. Similarly, in ICESCR, Articles 2(2) and 3[4] state that socio-economic rights should be enjoyed without any form of discrimination.
The UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious, and Linguistic Minorities 1992[5] highlights the duty of states to protect their minorities from violence and any form of discrimination. It is not legally binding, though, because it is a declaration of the General Assembly. It does not establish legally binding obligations or a particular enforcement mechanism, in contrast to treaties like the ICCPR. Despite its high normative value, its practical efficacy is constrained by the political will of states, which plays a major role in its implementation.
DOMESTIC LEGAL FRAMEWORK FOR THE PROTECTION OF RELIGIOUS MINORITIES IN BANGLADESH WITH RELEVANT CASE LAWS
The Constitution of Bangladesh[6] includes provisions for the protection of religious minorities. Some of the provisions from the Constitution are:
- Article 27: Equality before the Law.[7]
- Article 28: Prohibition of Discrimination on Grounds of Religion.[8]
- Article 31: Right to Protection of Law.[9]
- Article 41: Freedom to Profess, Practice, and Propagate any Religion.[10]
RELEVANT CASE LAWS
Anwar Hossain Chowdhury v Bangladesh:[11] The Appellate Division established the Basic Structure Doctrine. It held that principles like the rule of law and equality (Article 27) cannot be destroyed by constitutional amendments.
Bangladesh Italian Marble Works Ltd v Bangladesh:[12] The Court restored secularism as a fundamental principle of the Constitution. This reinforced protection against religious discrimination.
Secretary, Ministry of Finance v Masdar Hossain:[13] The Court emphasised the independence of the judiciary and the rule of law. This is essential for effectively enforcing constitutional rights, including protections for minorities.
Moreover, the penal laws of Bangladesh also criminalise and punish the acts of arson and violence under the Penal Code 1860[14], irrespective of the victim’s and the accused’s religion. Sections 141–149 (unlawful assembly and rioting), sections 295–298 (offences relating to religion), section 323/325 (hurt and grievous hurt), and sections 435–436 (mischief by fire or arson) criminalise such conduct. However, in spite of such strong laws, there are many implementation gaps, which remain a big concern. The violence against minorities continues, which raises questions regarding the sufficiency of the domestic legal framework and the state’s accountability in protecting the minorities.
RECENT INCIDENTS OF VIOLENCE AGAINST RELIGIOUS MINORITIES IN BANGLADESH
There have been several cases in Bangladesh in recent times that question the protection of religious minorities in the country. Some of them are:
Killing of Dipu Chandra Das: On the night of 18 December, 2025, Dipu Chandra Das, a 27-year-old factory worker from Mymensingh District, was attacked, beaten, and burnt by a mob. There is no direct evidence, but there were allegations of blasphemy.[15]
Burning of a Hindu Household: Around late December 2025, a Hindu household was locked and set on fire in the Chittagong region; several family members escaped through the roof and saved themselves.[16]
Rape of a Hindu Widow: A 44-year-old Hindu widow was gang-raped in Jhenaidah district. At the time of the incident, the woman’s hair was cut, she was assaulted, and the entire incident was filmed.[17]
Such recent incidents show that there is a big safety concern regarding the safety of religious minorities in Bangladesh. There is a need to examine the implementation of the domestic and international legal framework.
APPLICATION OF INTERNATIONAL AND DOMESTIC LAW TO THE RECENT INCIDENTS
The recent incidents involving Hindu individuals raise questions regarding the execution of the international and domestic legal framework in the country. Article 6 of the ICCPR requires the state to protect the right to life of all citizens, but the incidents of burning and killing the minorities indicate the failure of the state in fulfilling its responsibility and protecting the fundamental rights of people. Article 18 ensures freedom of religion, but violence specifically targeted against minorities undermines this right. Further, Articles 2 and 26 of ICCPR and Articles 2(2) and 3 of ICESCR provide for equal protection of law for all, but such incidents sabotage the implementation of such rights.
Similarly, at the domestic level, the constitutional framework and penal laws criminalise acts like murder and violence, imposing a duty on the state to protect its citizens and ensure accountability.
CONCLUSION AND WAY FORWARD
The ongoing violence against religious minorities in Bangladesh is not mainly due to missing laws; it stems from poor enforcement and a lack of accountability in institutions. The Constitution of Bangladesh promises equality before the law (Article 27) and freedom of religion (Article 41). The Penal Code makes communal violence and arson illegal. Bangladesh is also bound by legal obligations under the ICCPR and ICESCR, along with non-binding commitments from the 1992 UN Minority Declaration.
Repeated failures to prevent or address targeted attacks raise serious concerns about fulfilling constitutional and international obligations. Reform must go beyond symbolic measures to ensure prompt investigations, independent prosecutions, victim protection, and judicial oversight in communal violence cases. Strengthening institutional independence and ensuring fair law enforcement are essential. Protecting religious minorities is not only a moral duty but also a constitutional and legal obligation requiring consistent action.
Author(s) Name: Swarnim (Vivekananda Institute of Professional Studies)
References:
[1] ‘Bangladesh’ (Minority Rights Group International, June 2019) <https://minorityrights.org/country/bangladesh/> accessed 4 January 2026
[2] Universal Declaration of Human Rights 1948, arts 1, 2, and 18
[3] International Covenant on Civil and Political Rights 1976, arts 2, 6, 18, and 26
[4] International Covenant on Economic, Social and Cultural Rights 1976, arts 2(2) and 3
[5] Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities 1993
[6] The Constitution of the People’s Republic of Bangladesh 1972, arts 27, 28, 31, and 41
[7] Constitution of Bangladesh 1972, art 27
[8] Constitution of Bangladesh 1972, art 28
[9] Constitution of Bangladesh 1972, art 31
[10] Constitution of Bangladesh 1972, art 41
[11] Anwar Hossain Chowdhury v Bangladesh (1989) 41 DLR (AD) 165
[12] Bangladesh Italian Marble Works Ltd v Government of Bangladesh (2010) 62 DLR (AD) 298
[13] Secretary, Ministry of Finance v Masdar Hossain (1999) 52 DLR (AD) 82
[14] Penal Code 1860 (Bangladesh)
[15] ‘Hindu man lynched to death in Bangladesh over alleged blasphemy’ The Hindu (20 December 2025) <https://www.thehindu.com/news/international/hindu-man-lynched-to-death-in-bangladesh-over-alleged-blasphemy/article70416929.ece> accessed 5 January 2026
[16] Ankit Tyagi, ‘Burning Homes, Locked Doors: Hindu Family Wakes up To Horror in Bangladesh’ NDTV (29 December 2025) <https://www.ndtv.com/world-news/hindu-familys-houses-set-on-fire-in-bangladesh-amid-rise-in-attacks-on-minorities-10053180> accessed 05 January 2026
[17] ‘Hindu widow raped, tortured in Bangladesh: Accused tie her to tree, cut hair; 2 held’ Times of India (05 January 2026) <https://timesofindia.indiatimes.com/world/south-asia/hindu-widow-raped-tortured-in-bangladesh-accused-tie-her-to-tree-cut-hair-2-held/articleshow/126355252.cms> accessed 06 January 2026
