Staff Reporter :
A writ petition has been filed with the High Court challenging the legality of a parliamentary standing committee’s recommendation to exclude female upazila nirbahi officers (UNOs) in giving ‘guard of honour’ to heroic freedom fighters after death.
The parliamentary standing committee on the Ministry of Liberation War affairs on June 13 recommended taking necessary measures to find alternative to a female upazila nirbahi officer’s presence during the guard of honour given to valiant freedom fighters after death.
Rights organization Foundation for Law and Development (FLAD) submitted the writ petition as a public interest litigation to the HC on Monday (June 14) seeking stay on the parliamentary committee’s recommendations. The HC bench of Justice Md Mozibur Rahman Miah and Justice Md Kamrul Hossain Mollah held hearing on the writ petition on Tuesday and adjourned it for four weeks. The bench passed the adjournment order as the authorities concerned of the government are yet to issue any notification for making the recommendation functional, said petitioner’s lawyer Fawzia Karim Firoze.
Citing the petition, the lawyer said the recommendation of the parliamentary standing committee on the Ministry of Liberation War Affairs is a violation of articles 27 and 28 of the constitution and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Article 27 says, “All citizens are equal in the eye of law and are entitled to equal protection of law”. According to Article 28 (1), The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth. Article 28(2) states, “Women shall have equal rights with men in all spheres of the State and of public life.”
Article 28(3) sya’s that “No citizen shall, on grounds only of religion, race, caste, sex or place of birth be subjected to any disability, liability, restriction or condition with regard to access to any place of public entertainment or resort, or admission to any educational institution.”
According to Article 28(4), “Nothing in this article shall prevent the State from making special provision in favour of women or children or for the advancement of any backward section of citizens.”
The CEDAW, which has been ratified by Bangladesh government, clearly speaks against discrimination on the basis of gender and therefore, the recommendation made by the parliamentary standing committee on the Ministry of Liberation War Affairs is unconstitutional and unlawful, lawyer Fawzia Karim added.
