Religion-based political parties and other organisations using religion as their guidelines that have been facing the threat of being banned since the cancellation of the fifth amendment to the constitution can now operate legally following Thursday's sweeping constitutional amendments.
The parliament on Thursday passed the Constitution (15th Amendment) Bill, 2011, adding a new proviso to Article 38 instead of restoring the proviso scrapped by the fifth amendment.
The Article 38 says, 'Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interests of morality or public order.'
The amendment, however, adds a proviso barring formation of any association or union 'for the purposes of destroying religious, social and communal harmony among the citizens; creating discrimination among citizens on the ground of religion, race, caste, sex, place of birth or language; organising terrorist acts or militant activities against the state or the citizens or any other country;' or if its formation and objects are inconsistent with the constitution.
Following the Appellate Division's decision upholding the High Court's landmark verdict that declared the fifth amendment to the constitution illegal, law minister Shafique Ahmed repeatedly said religion-based parties stood banned following cancellation of the fifth amendment as the previous proviso of Article 38 was restored.
The previous proviso said, 'Provided that no person shall have the right to form, or be a member or otherwise take part in the activities of, any communal or other association or union which in the name or on the basis of any religion has for its object, or pursues, a political purpose.'
Islamic political parties and organisations have mushroomed in the country since the constitutional ban on them was repealed during the first martial law in the country.
At least eight Islamic political parties including Bangladesh Jamaat-e-Islami was registered with the Election Commission before the last general elections.
Chief election commissioner ATM Shamsul Huda on Thursday said the government, not the election commission, would take decision about the religion-based political parties. He made the statement at a dialogue with the Ganatantri Party at the EC secretariat conference room.
Source : New Age
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