The idea of a welfare state is not merely about delivering services, it is about recognising that access to education, healthcare and food are legal entitlements, not optional expenditures, writes Tahsina Zaman
THE historic July mass uprising of 2024 was not merely a political reckoning, it was a moral awakening. Sparked by growing inequality, youth frustration and lack of access to basic services, the protests united citizens across classes and districts. The people demanded justice, not just in law but in livelihood. They did not ask for luxury, they asked for education, healthcare, food security and housing. In the months that followed, the government formed a constitutional reform commission, and for the first time, the spotlight turned to what our constitution has long treated as aspirational: economic, social and cultural rights.
Among the key recommendations of the commission was a call to make economic, social and cultural rights judicially enforceable, a long overdue shift that would allow citizens to seek legal redress if denied access to essential services. It鈥檚 a bold step, and one that aligns with the evolving capacity of Bangladesh and the vision laid out by our nation鈥檚 founders.
When Bangladesh drafted its Constitution in 1972, the framers, led by Dr Kamal Hossain, were deeply conscious of the war-torn nation鈥檚 economic limitations. At that time, they placed economic, social and cultural rights under part II: fundamental principles of state policy, which includes the right to education, healthcare, work and social security. However, Article 8(2) made it clear that these rights were not enforceable in court. The reasoning was simple but strategic: the newly born state lacked the financial resources to make these promises legally binding.
But Dr Hossain and others left the door open. They envisioned that as Bangladesh progressed; these rights could gradually become justiciable and eventually enforceable through the courts when the country became economically capable. That moment has arrived.
Bangladesh is no longer a fragile economy. We have built thousands of government hospitals, schools and colleges. We are investing in infrastructure, digital connectivity and social safety nets. Yet, despite these visible advancements, the underlying legal structure remains unchanged: people still have no constitutional remedy when they are denied essential services.
This gap between development and legal enforceability is no longer tenable. The state has proven it can provide services. Now it must allow citizens to demand them as rights, not favours. Making economic, social and cultural rights justiciable is not only about fairness, it鈥檚 about accountability and democratic legitimacy.
As Bangladesh considers this legal transformation, it need not start from scratch. South Africa, too, emerged from a history of deep inequality and injustice. South Africa provides a powerful example of how economic, social and cultural rights can be meaningfully enforced through courts. Its post-apartheid Constitution, adopted in 1996, boldly made economic, social and cultural rights enforceable in court. But it did so with a realistic safeguard: enforcement is subject to 鈥榓vailable resources.鈥�
In the landmark Grootboom case (2000), the constitutional court ruled that the government must take reasonable steps to provide housing for those in desperate need. The court did not demand immediate fulfilment of all rights but required progressive realisation. It cannot ignore the plight of those in desperate need. The courts were instructed to assess whether the government had a reasonable plan, whether it was being implemented fairly, and whether the most vulnerable were being prioritised.
This model achieves two things. First, it empowers the judiciary to uphold basic rights. Second, it respects the state鈥檚 economic limits. It doesn鈥檛 demand perfection, it demands progress. This model strikes a practical balance in fact, it doesn鈥檛 impose unrealistic demands on the state, but it also doesn鈥檛 allow the government to ignore its responsibilities. This 鈥榩rogressive realisation鈥� model fits Bangladesh perfectly.
South Africa has shown the world that economic, social and cultural rights can be judicially enforced without undermining democracy or overburdening the state. Bangladesh must take inspiration from this model to build a more just and equitable society. Making economic, social and cultural rights enforceable through the courts will not only empower the marginalised but also strengthen the rule of law. Justice must go beyond courtrooms, it must reach the homes, schools, and hospitals of everyday citizens. And it starts with the courts recognizing that rights to food, shelter, health and education are not optional, they are essential.
Bangladesh鈥檚 ambition to become a developed, inclusive and humane society cannot be realised while basic rights remain unenforceable. The idea of a welfare state is not merely about delivering services, it is about recognising that access to education, healthcare and food are legal entitlements, not optional expenditures.
The July 2024 uprising reminded us that people will not stay silent forever when rights are denied. The government now has an opportunity to respond, not with temporary appeasement, but with structural change. Making economic, social and cultural rights justiciable will not bankrupt the nation. On the contrary, it will make public policy more responsive, more equitable and more efficient.
The constitution is not carved in stone, it is a living document, meant to reflect the values and capabilities of its people. Bangladesh is ready. The people are ready. And the courts must be ready too.
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Tahsina Zaman is a legal researcher.