The Constitution of Bangladesh guarantees fundamental rights which are non-derogable by any law, and laws inconsistent with fundamental rights are void as per Article 26 of the Constitution.
This report, Bangladesh: Interim Govt Fails Constitution Compliance Test On Fundamental Rights, shows as to how the Interim Government failed to protect fundamental rights and how it will impact free and fair elections slated for February 2026.
The full report can be accessed here.
Chapter III of the Constitution of Bangladesh provides a number of fundamental rights including equality before law under Article 27, prohibition of discrimination on grounds of religion, etc under Article 28, equality of opportunity in public employment under Article 29, the right to protection of law under Article 31, protection of right to life and personal liberty under Article 32, safeguards as to arrest and detention under Article 33, protection in respect of trial and punishment under Article 35, freedom of assembly under Article 37, freedom of association under Article 38, freedom of thought and conscience, and of speech under Article 39, freedom of religion under Article 41, among others.[1]
Each of these fundamental rights has been violated by the Interim Government of Bangladesh headed by Dr Muhammad Yunus in the 16 months.
The equality before law and the right to protection of law under Article 27 and Article 31 of the Constitution of Bangladesh have been violated with the registration of cases against an unprecedented 5,19,089 persons including 80,353 named and 4,38,736 unnamed accused across 1,584 cases.[2] Thousands of people were arbitrarily arrested in fictitious cases and have no protection of the law while ousted Prime Minister Sheikh Hasina and 344 former Members of Parliament (MPs) were accused of attempting to kill one Aladul Islam, a garment worker, during a student-public protest against discrimination.[3]
The guarantees for equality and non-discrimination under Article 28 and equality of opportunity for all citizens in respect of employment or office in the service of the Republic under Article 29 of the Constitution of Bangladesh were violated given the forcible resignation of at least 49 teachers between 5 and 30 August 2024, dismissal of 99 trainee Sub-Inspectors[4] and cancelling the examination slated for 14 November 2025 for the recruitment of 589 primary school teachers in Rangamati District Council.[5]
The right to life guaranteed under Article 32 of the Constitution of Bangladesh has become the most violated right under the Interim Government with the custodial death of 24 members of the Awami League between 4 August 2024 to 15 July 2025,[6] extrajudicial executions of 40 persons from August 2024 to September 2025,[7] and death of 88 persons in judicial custody from August 2024 to October 2025.[8]
The safeguards as to arrest and detention under Article 33 were trampled upon with the arrest of 44,472 individuals from 5 August 2024 to 3 September 2025 for their involvement in alleged in fascism and denial of bail to 12,101 persons.[9] Hundreds of people were arrested under the Anti-Terrorism Act of 2009 including the arrest of 244 Awami League activists as terrorists in September 2025 while about 16 persons, including Dhaka University Professor Sheikh Hafizur Rahman and Abdul Latif Siddique, a former minister who was later expelled by the Awami League, and journalist Manzurul Alam Panna were arrested for terrorism offences for participating at a discussion organized by Mancha 71, a platform that celebrates Bangladesh’s independence from Pakistan in 1971.[10] In Dhaka alone, 97 cases were registered under the Anti-Terrorism Act.[11]
There is no protection in respect of trial and punishment as guaranteed under Article 35 of the Constitution of Bangladesh. The Inter Parliamentary Union (IPU) delegations were denied visas by the Interim Government for a mission and trial observation of the former detained Members of Parliament. Former Prime Minister Sheikh Hasina and former Home Minister Asaduzzaman Khan Kamal were sentenced to death and former Inspector General of Police Chowdhury Abdullah Al-Mamun sentenced tofive years imprisonment by Bangladesh’s International Crimes Tribunal[12] in absentia without identifying the actual perpetrators on 17 November 2025. In fact, Chowdhury Abdullah Al-Mamun became the approver and effectively self-incriminated himself which is a violation of Article 35(1)(4) of the Constitution of Bangladesh. The judgment has not been made public as on 10 December 2025 in clear violation of the Section 20(2A) of the International Crimes (Tribunal) Act[13] which states that the judgment has to be provided on the date it is delivered i.e. 17 November 2025.
The right to freedom of assembly guaranteed under Article 37 of the Constitution of Bangladesh has been violated with respect to indigenous peoples, religious minorities and the Awami League, which remains a banned organisation. While Hindu monk Chinmoy Krishna Das Brahmachari remains in jail since 25 November 2024 for organising a peacefully rally of the minority Hindus on 24 October 2024 at Laldighi Maidan, Chittagong, and on 28 September 2025, three Marma indigenous youths were shot dead and 10 others were injured by the Bangladesh Army for protesting against the failure of the authorities to arrest the accused of gang-rape of a minor indigenous girl.[14]
There is no freedom of association guaranteed under Article 38 of the Constitution of Bangladesh for the Awami League as it was banned under the Anti-Terrorism Act in May 2025 despite the High Court of Bangladesh rejecting a writ petition in September 2024 seeking ban on the Awami League for the same alleged offences.[15]
The freedom of thought and conscience and of speech guaranteed under Article 39 of the Constitution of Bangladesh became the biggest casualty with the arrest, intimidation and other legal harassment of about 1,087 journalists between August 2024 and October 2025.[16] The draconian the Cyber Security Act of 2023 continued to be abused with the arrest of 44 persons in 56 cases.[17]
The freedom of religion guaranteed under Article 41 of the Constitution of Bangladesh cannot be enjoyed by the religious minorities. During the Durga Puja in September 2025, about 18 attacks across 16 districts have left temples vandalized, idols mutilated and minority homes targeted.[18] A total of 2,485 incidents of violence against religious and ethnic minorities occurred from 4 August 2024 to July 2025.[19]
Judiciary has become a handmaiden of the Interim government in clear violations of Article 22 of the Constitution relating to the separation of the judiciary and Article 96(2) of the Constitution relating to independence of judiciary through impeachment. At least 21 Supreme Court and High Court judges including Chief Justice of Bangladesh were removed through protests in clear violations of the procedure laid down under Article 96(2) of the Constitution. It is clear that the Interim Government of Bangladesh has created a lawless situation where there are no safety and security for the citizens.
With 89% of the journalists fearing assault during 2026 polls,[20] there are serious questions as to whether the Interim Government can ensure free and fair elections.
[1]. The Constitution of Bangladesh can be accessed at http://bdlaws.minlaw.gov.bd/act-367.html
[2].Human Rights Situation in Bangladesh- 2024, ManabadhikarShongskriti Foundation (MSF), Dhaka, 31 December 2024, http://www.msf.org.bd/press_release_183.phpand “Monthly Human Rights Monitoring Reports from January to October 2025 of MSF, https://www.msf.org.bd/Monthly%20Reports.php
[3]. Case filed against 344 former MPs, Prothom Alo, 8 January 2025, https://www.prothomalo.com/bangladesh/lj3dpgoplf
[4]. The verified list of the dismissed SIs belonging to the Hindu religious minorities is available with the RRAG and can be shared if required.
[5]. “Protesters call off Rangamati hartal as primary teacher recruitment test postponed”, The Business Standard, 20 November 2025, https://www.tbsnews.net/bangladesh/protesters-call-rangamati-hartal-primary-teacher-recruitment-test-postponed-1290671
[6]. Call for Independent Investigation into Deaths of 24 Awami League Leaders and Activists in Custody, Bangladesh Awami League, 15 July 2025, https://www.albd.org/articles/news/41549/Call-for-Independent-Investigation-into-Deaths-of-21-Awami-League-Leaders-and-Activists-in-Custody
[7]. New rulers, old killers: Bangladesh extrajudicial deaths mount under Yunus, Aljazeera, 13 November 2025, https://www.aljazeera.com/features/2025/11/13/have-extrajudicial-killings-continued-under-bangladeshs-yunus-government
[8]. “Human Rights Violation during Interim Government period, 9 August 2024 to September 2025”, Odhikar, Quarterly Human Rights Report, July-September 2025, https://odhikar.org/quarterly-human-rights-report-july-september-2025/
[9]. 44,000 involved in ‘fascism’ arrested, 73pc released, Prothom Alo, 28 September 2025, https://en.prothomalo.com/bangladesh/crime-and-law/h0ct5x5x1d
[10]. Latif Siddiqui says, no confidence in the court, what happened in the courtroom, Prothom Alo, 29 August 2025, https://en.prothomalo.com/bangladesh/y8lrydwdpr
[11]. Ibid
[12]. Sheikh Hasina sentenced to death for crimes against humanity, The Daily Star, 17 November 2025, https://www.thedailystar.net/news/bangladesh/crime-justice/news/sheikh-hasina-sentenced-death-crimes-against-humanity-4036886
[13].International Crimes (Tribunal) Actcan be accessed at https://ictcp.portal.gov.bd/sites/default/files/files/ictcp.portal.gov.bd/law/093c26be_cc21_410c_bb1d_9a860b34610e/2024-11-08-15-06-af67ca7d7e8ec4ae60b74fce9b323011.pdf
[14]. Police reveal identities of three killed in Khagrachhari violence, Bdnews24.com, 29 September 2025, https://bdnews24.com/bangladesh/70d9ab915389
[15]. Bangladesh: High Court rejects writ petition seeking ban on Awami League, DD News, 01/09/24, https://ddnews.gov.in/en/bangladesh-high-court-rejects-writ-petition-seeking-ban-on-awami-league/
[16]. ANNUAL Human Rights Monitoring Report 2024, ManabadhikarShongskriti Foundation, https://www.msf.org.bd/press_release_183.php& see List of Monthly Report “Human Rights Monitoring Report, January to October 2025, ManabadhikarShongskriti Foundation, https://www.msf.org.bd/Monthly%20Reports.php
[17]. Ibid
[18]. UNESCO-Recognized Heritage Under Attack: Desecration of Durga Idols and Violence Against Bangladesh’s Hindu Minority, Human Rights Congress for Bangladesh Minorities, 27 September 2025, https://www.hrcbm.org/wp-new/unesco-recognized-heritage-under-attack-desecration-of-durga-idols-and-violence-against-bangladeshs-hindu-minority/
[19]. Bangladesh sees 2,500 incidents of communal violence in 330 days, Prothom Alo, 10 July 2025, https://en.prothomalo.com/bangladesh/g3cfs04xvc& “Atrocities on minorities during the month of July, 2025”, Bangladesh Hindu Buddhist Christian Unity Council
[20]. https://www.thedailystar.net/news/bangladesh/elections/news/89-journos-fear-assault-during-2026-polls-4052366
