According to the constitution, “The state religion of the Republic is Islam, but the State shall ensure equal status and equal rights in the practice of the Hindu, Buddhist, Christian, and other religions.” The constitution also stipulates the state should not grant political status in favor of any religion. It provides for the right to profess, practice, or propagate all religions “subject to law, public order, and morality,” and states religious communities or denominations have the right to establish, maintain, and manage their religious institutions. The constitution states no one attending any educational institution shall be required to receive instruction in, or participate in ceremonies or worship pertaining to, a religion to which he or she does not belong.
Under the penal code, statements or acts made with a “deliberate and malicious” intent to insult religious sentiments are subject to fines or up to two years in prison. Although the code does not further define this prohibited intent, the courts have interpreted it to include insulting the Prophet Muhammad. The criminal code allows the government to confiscate all copies of any newspaper, magazine, or other publication containing language that “creates enmity and hatred among the citizens or denigrates religious beliefs.” The law applies similar restrictions to online publications. While there is no specific blasphemy law, authorities use the penal code, as well as a section of the Information and Communication Technology Act and the Digital Security Act, to charge individuals for acts perceived to be a slight against Islam. The Information and Communication Act criminalizes several forms of online expression, including “obscene material,” “expression(s) likely to cause deterioration of law and order,” and “statements hurting religious sentiments.” The Digital Security Act likewise criminalizes publication or broadcast of “any information that hurts religious values or sentiments,” by denying bail and increasing penalties of up to 10 years in prison.
The constitution prohibits freedom of association if an association is formed for the purpose of “destroying religious harmony”, the peaceful coexistence of religious communities, or creating discrimination on religious grounds.
Individual houses of worship are not required to register with the government. Religious groups seeking to form associations with multiple houses of worship, however, must register as NGOs with either the NGO Affairs Bureau (NGOAB) if they receive foreign assistance for development projects or with the Ministry of Social Welfare if they do not. The law requires the NGOAB to approve and monitor all foreign-funded projects. The NGOAB Director General has the authority to impose sanctions on NGOs for violating the law, including fines of up to three times the amount of the foreign donation, or closure of the NGO. NGOs are also subject to penalties for “derogatory” comments about the constitution or constitutional institutions (i.e., the government). Expatriate staff must receive a security clearance from the National Security Intelligence, Special Branch of Police, and Directorate General of Forces Intelligence, although the standards for this clearance are not transparent.
Registration requirements and procedures for religious groups are the same as for secular associations. Registration requirements with the Ministry of Social Welfare include certifying the name being registered is not taken, and providing the bylaws/constitution of the organization; a security clearance for leaders of the organization from the National Security Intelligence; minutes of the meeting appointing the executive committee; a list of all executive committee and general members and photographs of principal officers; work plan; copy of the deed or lease of the organization’s office and a list of property owned; a budget; and a recommendation by a local government representative.
Requirements to register with the NGOAB are similar.
Family law concerning marriage, divorce, and adoption contains separate provisions for Muslims, Hindus, and Christians. These laws are enforced in the same secular courts. A separate civil family law applies to mixed-faith families or those of other faiths or no faith. The family law of the religion of the two parties concerned governs their marriage rituals and proceedings. A Muslim man may have as many as four wives, although he must obtain the written consent of his existing wife or wives before marrying again. A Christian man may marry only one woman.
Hindu men may have multiple wives. Officially, Hindus have no options for divorce, although informal divorces do occur. Hindu women may inherit property under the law. Buddhists are subject to the same laws as Hindus. Divorced Hindus and Buddhists may not legally remarry. Divorced men and women of other religions and widowed individuals of any religion may remarry. Marriage between members of different religious groups occurs under civil law. To be legally recognized, Muslim marriages must be registered with the state by either the couple or the cleric performing the marriage; however, some marriages are not. Registration of marriages for Hindus and Christians is optional, and other faiths may determine their own guidelines.
Under the Muslim family ordinance, a Muslim man may marry women of any Abrahamic faith; however, a Muslim woman may not marry a non-Muslim. Under the ordinance, a widow receives one-eighth of her husband’s estate if she is his only wife, and the remainder is divided among the children; each female child receives half the share of each male child. Wives have fewer divorce rights than husbands. Civil courts must approve divorces. The law requires a Muslim man to pay a former wife three months of alimony, but these protections generally apply only to registered marriages; unregistered marriages are by definition undocumented and difficult to substantiate. Authorities do not always enforce the alimony requirement even in cases involving registered marriages.
Alternative dispute resolution is available to all citizens, including Muslims, for settling out of court family arguments and other civil matters not related to land ownership. With the consent of both parties, lawyers may be identified to facilitate the arbitration, the results of which may be used in court.
Fatwas may be issued only by Muslim religious scholars, and not by local religious leaders, to settle matters of religious practice. Fatwas may neither be invoked to justify meting out punishment, nor may they supersede existing secular law.
Religious studies are compulsory and are part of the curriculum for grades three through 10 in all public government-accredited schools. Private schools do not have this requirement. Muslim, Hindu, Buddhist, and Christian students receive instruction in their own religious beliefs, although the teachers are not always adherents of the students’ faith.
The code regulating prisons allows for observance of religious commemorations by prisoners, including access to extra food on feast days or permission to fast for religious reasons. The law does not guarantee prisoners regular access to clergy or regular religious services, but prison authorities may arrange special religious programs for them. Prison authorities are required to provide prisoners facing the death penalty access to a religious figure from a faith of their choice before execution.
The Restoration of Vested Property Act allows the government to return property confiscated from individuals, mostly Hindus, whom it formerly declared enemies of the state. In the past, authorities used the act to seize property abandoned by minority religious groups, especially Hindus, who fled the country, particularly following the Indo-Pakistani War of 1965.
According to law, if a lower court orders the death penalty, the High Court examines the verdict for confirmation of the punishment.
The country is a party to the International Covenant on Civil and Political Rights.
On March 12, according to media reports, a Bangladeshi Speedy Trial Tribunal convicted and sentenced to death four Muslim members of JMB, a violent extremist group, for their involvement in the 2016 killing of a Hindu priest. The victim, Jogeshwar Roy, chief priest at Sri Swanta Gouria Monastery, was stabbed to death while organizing prayers at the temple.
At year’s end, the death sentence of seven individuals for their roles in the July 2016 killing of 22 mostly non-Muslim individuals at the Holey Artisan Bakery in Dhaka remained on appeal with the High Court. In November 2019, a Bangladesh Special Tribunal convicted and sentenced the seven, while acquitting an eighth defendant.
Legal proceedings against six suspects allegedly involved in the 2015 killing of atheist blogger Avijit Roy continued at year’s end. The trial began in the Anti-Terrorism Tribunal in April 2019. In March, the trial proceedings stalled due to the absence of witnesses. In late March, authorities closed all courts until August due to the coronavirus outbreak, when the trial resumed. In November, two more witnesses provided testimony to the court, bringing the total witnesses to 24.
There was no progress in the court case regarding a 2016 attack on Hindu individuals, homes, and temples in Brahmanbaria District; victims expressed frustration to media over the continued investigation into the incident.
Biplob Chandra Baidya, a Hindu man, remained imprisoned since October 2019 for anti-Islam messages posted to his Facebook account, which he stated was hacked. Rioters vandalized homes and religious temples following the postings.
According to press reports, in January, local authorities arrested a Baul folk singer, Shariat Sarker, for derogatory comments against religion and “hurting religious sentiments,” criminal offenses under the law. Baul singing incorporates elements of Tantra, Sufism, Vaishnavism, and Buddhism. Authorities arrested Sarker following a protest by more than 1,000 individuals and a complaint to police by a Muslim cleric. Authorities denied Sarkar bail at the first hearing of his case at the Tangail District Court on January 29. According to press reports, Sarkar spent six months in jail. In February, a lawyer accused another Baul folk singer, Rita Dewan, of making derogatory comments against Allah during a musical competition. After a video recording of the song went viral, she apologized. Criminal charges were brought against Dewan that same month, and following a police investigation, a court issued a warrant for her arrest in December.
In March, the UN High Commissioner for Human Rights requested the government to “urgently revise the Digital Security Act, to ensure that it is in line with international human rights laws and that it provides for checks and balances against arbitrary arrest, detention, and other undue restrictions of the rights of individuals to the legitimate exercise of their freedom of expression and opinion.”
Human rights organizations reported a decrease in the use of extrajudicial fatwas by village community leaders and local religious leaders to punish individuals for perceived “moral transgressions” during the year. In 2019, there was a reported 54 percent decrease in reported cases of fatwa and village out-of-court arbitrations overall. Media attributed the decline to civil society activism. Fatwas, however, continued throughout the year, including a November edict issued against a sculpture honoring Sheikh Mujibur Rahman, the father of the country.
Although most mosques were independent of the state, the government continued to influence the appointment and removal of imams and provide guidance on the content of their sermons to imams throughout the country through the Islamic Foundation. This included issuing written instructions highlighting certain Quranic verses and quotations of the Prophet Muhammad. Religious community leaders again said imams in all mosques usually continued the practice of avoiding sermons that contradicted government policy. The government maintained instructions to mosques to denounce extremism.
According to the Ministry of Land’s 2018-2019 report, the most recent figures available, as of 2018, authorities had adjudicated 26,791 of 114,749 property-restitution cases filed under the Restoration of Vested Property Act. Of these judgments, the owners, primarily Hindus, won 12,190 of the cases, recovering 10,255 acres of land, while the government won the remaining 14,791 cases. Media reports, rights activists, and the BHBCUC attributed the slow return of land seized under relevant legislation from Hindus who had left for India to judicial inefficiency and general government indifference.
Freedom House’s 2020 report assessed religious minorities remained underrepresented in politics and state agencies.
Religious minorities continued to state that religious minority students sometimes were unable to enroll in religion classes because of an insufficient number of religious minority teachers for mandatory religious education classes. In these cases, school officials generally allowed local religious institutions, parents, or others to hold religious studies classes for such students outside school hours and sometimes exempted students from the religious education requirement.
The Ministry of Religious Affairs had a budget of 16.93 billion taka ($199.2 million) for the 2020-2021 fiscal year, which covers July 2020-June 2021. The budget included 14.25 billion taka ($167.6 million) allocated for development through various autonomous religious bodies. The government provided the Islamic Foundation, administered by the Ministry of Religious Affairs, 8.12 billion taka ($95.5 million). The Hindu Welfare Trust received 1.435 billion taka ($16.9 million), and the Buddhist Welfare Trust received 46.8 million taka ($551,000) of the total development allocation. While the Christian Welfare Trust did not receive development funding from the 2020-2021 budget, it received seven million taka ($82,400) to run its office.
Hindus, Buddhists, Christians, and members of other minority religious communities, who are also sometimes members of ethnic minority groups, continued to report property and land ownership disputes and forced evictions, including by the government, which remained unresolved at year’s end. Some human rights activists said it was often difficult to determine whether these disputes and evictions were a result of deliberate government discrimination against religious minorities or of government inefficiency. The government continued construction projects on land traditionally owned by indigenous communities in the Moulvibazar and Modhupur forest areas. According to minority religious associations, such disputes occurred in areas near new roads or industrial development zones, where land prices had recently increased. They also stated local police, civil authorities, and political leaders enabled property appropriation for financial gain or shielded politically influential property appropriators from prosecution. Some human rights groups continued to attribute lack of resolution of some of these disputes to ineffective judicial and land registry systems and the targeted communities’ insufficient political and financial clout, rather than to government policy disfavoring religious or ethnic minorities. Indigenous groups in the Chittagong Hill Tracts, in particular, have large communities of Buddhists, Hindus, and Christians. A portion of these communities speak tribal languages and do not speak Bangla, making it difficult to access government registrations and services and further disenfranchising these groups.
The government continued to place law enforcement personnel at religious sites, festivals, and events considered potential targets for violence, including the Hindu festival of Durga Puja, celebrations during the Christian holidays of Christmas and Easter, and the Buddhist festival of Buddha Purnima. During the year, the government assisted places of worship implement COVID-19 precautions during major festivals.
President Abdul Hamid continued to host receptions to commemorate each of the principal Muslim, Hindu, Buddhist, and Christian holidays and emphasized the importance of religious freedom, tolerance, and respect for religious minorities. In January, the Election Commission rescheduled local Dhaka elections after students and faith groups protested scheduling the election during a Hindu festival.
In January, the government said it would lift education restrictions for young Rohingya refugees. According to Minister of Foreign Affairs AK Abdul Momen, “We don’t want a lost generation of Rohingya. We want them to have education. They will follow Myanmar curricula.” Due to the COVID-19 pandemic, all schools in the country remained closed beginning in March.
In September, Minister of Education Dipu Moni participated in an interreligious gathering on education, resilience, respect, and inclusion promoting what she termed the country’s history of religious harmony and tolerance for all faiths.