Equal before the law? Time for an anti-discrimination law in Bangladesh

Despite strong constitutional guarantees, discrimination remains a daily reality for many people in Bangladesh. Women, religious minorities, persons with disabilities, ethnic communities, and other marginalised groups continue to face exclusion, unequal treatment, and barriers in accessing justice and opportunities. While the Constitution promises equality before the law, this promise is often not reflected in real life.

This gap between law and reality raises an important question: are all citizens truly equal before the law? Or do structural inequalities still decide who gets access to rights, services, and dignity in practice?

Constitutional promise of equality

The Constitution of Bangladesh provides a strong foundation for equality. Article 27 guarantees equality before the law. Article 28 prohibits discrimination based on religion, race, caste, sex, or place of birth, while allowing special measures for disadvantaged groups. Article 29 ensures equal opportunity in public employment.

These provisions clearly show that Bangladesh is committed to fairness, dignity, and equal rights for all citizens.

Reality: discrimination in everyday life

However, the lived experience of many people tells a different story. Discrimination continues in many forms across society. Women often face unequal pay, fewer leadership opportunities, workplace discrimination, and gender-based violence. Hijra and transgender communities, despite legal recognition, still face stigma, exclusion, and barriers in jobs, education, healthcare, and public services.

Religious and ethnic minorities often experience insecurity and unequal access to services. Urdu-speaking communities face long-standing exclusion linked to language barriers and historical marginalisation. Persons with disabilities struggle with inaccessible infrastructure and limited opportunities. Indigenous peoples face challenges related to land rights, cultural recognition, and development access.

Dalit and Harijan communities, often linked to sanitation and traditional occupations, continue to face deep social stigma and limited access to education, housing, and decent work. These patterns show that discrimination is not isolated, but systemic and structural.

Everyday exclusion in basic services

Discrimination is also visible in key services that shape daily life. In healthcare, marginalised groups such as Dalit, Harijan, Bede communities, tea workers, persons with disabilities, indigenous peoples, sanitation workers, and Hijra communities often face neglect or disrespect in hospitals and clinics. In employment, Dalit, Harijan, Bede, and Hijra communities face barriers in hiring and workplace treatment, limiting access to stable and dignified jobs. In housing, many marginalised groups struggle to find safe and affordable living conditions due to stigma and economic exclusion.

In education, discrimination appears through stigma, language barriers, lack of inclusive facilities, and financial hardship. This limits equal access to quality education and reduces long-term opportunities. These inequalities reinforce each other and continue across generations.

Existing laws: important but not enough

Bangladesh has taken several steps to address specific forms of discrimination. These include the Women and Children Repression Prevention Act, the Domestic Violence (Prevention and Protection) Act 2010, and the Rights and Protection of Persons with Disabilities Act 2013. National policies on labour, education, and women's development also promote inclusion.

However, these laws are fragmented and issue-based. They do not form a single, comprehensive system to address discrimination in all its forms. There is still no unified legal definition of discrimination, no consistent protection for all groups, and no strong system for remedies and enforcement.

The Draft Law and its limitations

In response to these long-standing concerns, the Anti-Discrimination Bill 2022 was introduced as an important step toward providing legal protection against discrimination. However, the bill has not yet been enacted. Many legal experts and rights advocates have expressed concern that the draft does not clearly define indirect or systemic discrimination. It also lacks strong enforcement mechanisms and clear penalties. In addition, it does not fully include all marginalised groups or ensure accessible complaint systems for victims. Without these key elements, the effectiveness of the law in practice is likely to remain weak.

Why stronger action is needed now

Public awareness about inequality is growing in Bangladesh. Civil society organizations, youth groups, and human rights defenders are increasingly calling for stronger legal protection.

The recent July uprising further highlighted public frustration over inequality, exclusion, and lack of accountability. It reflected a strong demand for fairness, dignity, and equal treatment in both policy and everyday life. This signals a deeper social concern that cannot be ignored.

Bangladesh is also bound by international commitments, including human rights treaties and the Sustainable Development Goals (SDGs), which require reducing inequality and ensuring inclusion for all.

Lessons from other countries

International experience shows different approaches to tackling discrimination. Countries like the United Kingdom use a single law, such as the Equality Act 2010, which provides a unified framework covering multiple forms of discrimination. South Africa follows a similar model through its Promotion of Equality and Prevention of Unfair Discrimination Act 2000.

Other countries, such as India and Nepal, use multiple laws for different groups and issues, while Pakistan has specific protection laws like the Transgender Persons (Protection of Rights) Act 2018.

These examples show that while approaches differ, many experts argue that a comprehensive law helps ensure clarity, consistency, and stronger enforcement.

Equal before the law must become real

Bangladesh has strong constitutional promises of equality, but for many citizens, these promises remain incomplete in practice. Discrimination continues to shape access to healthcare, education, jobs, housing, and justice.

Fragmented laws and limited enforcement are not enough to address these deep-rooted inequalities. The Draft Anti-Discrimination Bill 2022 was a positive step, but it needs to be strengthened significantly.

Now is the time for Bangladesh to move forward with a strong, comprehensive, and enforceable Anti-Discrimination Law. Such a law should clearly define all forms of discrimination, ensure strong accountability, protect all vulnerable groups, and provide effective remedies for victims.

If Bangladesh truly believes in equality before the law, then it must also ensure equality in life. A strong anti-discrimination law is not just a legal reform; it is a necessary step toward justice, dignity, and an inclusive society for all.

Wasiur Rahman Tonmoy is the Lead of Youth and Social Cohesion at Manushe Jonno Foundation. Email: tonmoy@manusher.org

Disclaimer: The views and opinions expressed in this article are those of the authors and do not necessarily reflect the opinions and views of The Business Standard.