Date of publication:

01/08/2026

Bangladesh

Do domestic laws and policies protect forcibly displaced and stateless persons from harm and discrimination on the basis of their ethnic, religious, political, sexual or gender identity or orientation?

ANALYSIS

Assessment by population

Assessment by population
Refugees
Asylum-seekers
Analysis

Bangladesh's domestic laws and policies offer various protections aimed at preventing, mitigating the risk of, and addressing violence, abuse, or exploitation of different minorities and some of those laws are potentially able to be applied for refugees and asylum-seekers. 

The Constitution of the People’s Republic of Bangladesh ensures the right to protection of law to its citizens (Article 31). Protection of right to life and personal liberty (Article 32) are guaranteed to all individuals and so are guaranteed to all individuals in terms of safeguards as to arrest and detention (Article 33). The Constitution further prohibits forced labour (Article 34) and protection in respect of trial and punishment (Article 35) for anyone residing within the territory of Bangladesh. Stipulated in Article 28 of the Constitution, the State shall not discriminate against any citizen on grounds of religion, race, caste, sex, or place of birth. Furthermore, no citizen shall, on grounds  of religion, race, caste, sex, or place of birth be subject to any disability, liability, restriction, or condition regarding access to any place of public entertainment or resort, or admission to any educational institution.(Article 28(3)) The Constitution also gives the State the power to make special provision in favour of women or children or for the advancement of any backward section of citizens such as any religious or ethnic minorities that lacks facilities due to historical reasons or geographical locations. Moreover, the Constitution states to take steps to protect and develop the unique local culture and tradition of the tribes, minor races, ethnic sects and communities. (Article 23A) In addition, Article 41 ensures freedom of religion, including the right to profess, practice, and propagate religion, which provides a legal basis to prevent violence and discrimination against religious minorities. However, some of these rights are limited to the citizens of the country.   

The Penal Code, 1860 criminalizes various forms of violence and abuse, including offences that may be committed against minorities in the country. For example, as per Section 153A of the Penal Code, acts promoting enmity between different groups on grounds of religion, race, language, or place of birth are criminalized, and speech or actions that may harm minorities is prohibited. Section 295A of the Penal Code punishes intentional and harmful actions meant to offend any class's religious sentiments by insulting its religion or religious beliefs. Section 298 addresses uttering words or making gestures to intentionally wound the religious feelings of any person, offering protection to religious minorities.  

LGBTQ+ individuals face legal and social discrimination, as same-sex relations are criminalized under Section 377 of the Penal Code and LGBTQ+ individuals could get life imprisonment or with imprisonment of up to 10 years and shall also be liable to pay a fine. 

The Cyber Ordinance of 2025 criminalizes online harassment, threats, and intimidation in cyberspace.1 The Act further prohibits publication or broadcasting of anything in any website or any other electronic format which hurts religious sentiment or values of the people and the minorities. The act provides punishment of imprisonment, or fine, or with both for hurting religious sentiments. Any information that can offend religious or ethnic sentiment as well and victims of such crimes could report cases to the Cyber Crime Unit or file complaints under this Act, and the complaints shall be investigated and tried as per the procedure prescribed in the Act.2 The act repealed the controversial Digital Security Act, 2013 that did not meet the international standards. The act was criticized by many human rights societies including UN Human Rights Chief Volker Türk who called on Bangladesh in 2023 to suspend immediately the application of the Digital Security Act.3

The Domestic Violence (Prevention and Protection) Act, 2010 an act to address and mitigate domestic violence in the country; the Children Act, 2013 that provides safeguards for the administration of justice for children who come to contact with law; the Prevention of Oppression Against Women and Children Act, 2000 that was enacted to protect women and children from heinous crimes such as rape, dowry, grievous injury.; the Prevention and Suppression of Human Trafficking Act, 2012 an act that aims to restrain and suppress human trafficking, to ensure the protection of victims of the offence of human trafficking and their rights, and to ensure safe migration are not specifically tailored to minorities, however, these laws apply to anyone within the territories of Bangladesh and offers legal remedies for the survivors or victims, many of whom may belong to marginalized or minority communities and refugees. 

While protections exist in the form of Constitutional guarantees and specific legislation, religious minorities, sexual minorities, and the indigenous communities sometimes face violence or social exclusion. In Cox’s Bazar, around 400 Hindu Rohingya refugees have been accommodated in a separate area within the camps in order to ensure their safety and security.4 Despite these measures, tensions between Muslim and Hindu Rohingya refugees have led to clashes. As a result, two Hindu Rohingya refugees lost their lives, and nine others required hospitalization for further care.5 

  • 1

    Article 25, Cyber Security Ordinance, 2025

  • 2

    Ibid, a. 40, 41

  • 3

    Bangladesh: Türk urges immediate suspension of Digital Security Act as media crackdown continues | OHCHR

  • 4

    V. Krishnan, ‘These Rohingya Refugees Actually Want to Return to Myanmar. The Difference Is They’re Hindus’, Los Angeles Times, 6 January 2019, available at: https://www.latimes.com/world/la-fg-bangladesh-rohingya-hindus-20190105-story.html 

  • 5

    Ibid

    LAW & POLICY

    Related provisions of domestic law or policy

    The Penal Code

    Legal provision

    Section 153: Wantonly giving provocation with intent to cause riot- if rioting be committed; if not committed

    A. Whoever by words, either spoken or written, or by signs, or by visible representations, or otherwise, promotes or attempts to promote feelings of enmity or hatred between different classes of the citizens of Bangladesh, shall be punished with imprisonment which may extend to two years, or with fine, or with both.] Explanation.-It does not amount to an offence within the meaning of this section to point out, without malicious intention and with an honest view to their removal, matters which are producing or have a tendency to produce, feelings of enmity or hatred between different classes of the citizens of Bangladesh.

    Section 298: Uttering words, etc., with deliberate intent to wound religious feelings

    Whoever, with the deliberate intention of wounding the religious feelings of any person, utters any word or makes any sound in the hearing of that person or makes any gesture in the sight of that person or places any object in the sight of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

    Section 377: Unnatural offences

    Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with 123[imprisonment] for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.Explanation. Penetration is sufficient to constitute the carnal intercourse necessary to the offence described in this section.