PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: Writ Petition No. 1576 of 2012
Date of filing: 2012/02/12
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Petitioners

1.Shankar Chakrabarty

2.Bangladesh Legal Aid and Services Trust (BLAST)

3.Tanzim Al Islam, Advocate

4.Manusher Jonno Foundation (MJF)

5. Centre for Disability in Development (CDD)

 

Respondents

1.Secretary, Ministry of Home Affairs
2.Secretary, Ministry of Social Welfare
3. Secretary, Ministry of  Education
4.National Coordination Committee for Welfare of Persons with Disabilities 
5.Chairperson, Executive Committee for Welfare of persons with Disabilities Represented by Secretary, Ministry of Social Welfare 
6.Rajshahi University
7. Vice Chancellor, Rajshahi University
8.Registrar, Rajshahi University
9. Shaheed Ziaur Rahman Medical College, Bogra
10. Principal, Shaheed Ziaur Rahman Medical College, Bogra
 

Facts

Modhusudon Chakrabarty, a medical student committed suicide on 11.12.2010 due to alleged persistent harassment by his teachers on account of his speech disability, as reported in several leading newspapers. A writ petition was filed by BLAST and others against the respondents for inaction, failure to take timely action and comply with their Statutory duties to prevent continuous harassment of a student on the ground of his physical disability which resulted in his death. The Petitioners prayed for issuing a Rule Nisi.

Rule/Order/Judgment
Date: 18/03/2012


Details

A Rule Nisi had been issued calling upon the respondents to show cause as to why their inaction or failure to take measures to conduct an effective inquiry into allegations of harassment of students with disabilities and to take actions against those found responsible, should not be declared to be a breach of their statutory  duties under the Disability Welfare Act 2001 and the Constitution, and why they should not be directed to adopt guidelines regarding  the prevention of harassment against persons with disabilities in educational institutions, investigation of  any  such allegations,  to take action against those found responsible and provide redress to those are affected. Pending hearing of the Rule, the Respondents No. 1, 2, 4 and 5 were directed to provide information regarding the measures if any to ensure that disabled students are able to study in educational institutions without discrimination and harassment.

Justices

Mr. Justice Farid Ahmed
 

Mr. Justice Sheikh Hassan Arif



Database Last Updated on: 2018-10-14 04:29:00
Area of law
Equality,
Disability,
Discrimination (disability)
Keywords
Harassment on Disabilities
Relevant statute

Constitution, Articles 27,31,32 and 35; 

Bangladesh Disability Welfare Act 2001;

Rajshahi University Ordinance 1973





Case Number: Writ Petition No. 1576 of 2012
Date of filing: 2012/02/12

Petitioners

1.Shankar Chakrabarty

2.Bangladesh Legal Aid and Services Trust (BLAST)

3.Tanzim Al Islam, Advocate

4.Manusher Jonno Foundation (MJF)

5. Centre for Disability in Development (CDD)

 

Respondents

1.Secretary, Ministry of Home Affairs
2.Secretary, Ministry of Social Welfare
3. Secretary, Ministry of  Education
4.National Coordination Committee for Welfare of Persons with Disabilities 
5.Chairperson, Executive Committee for Welfare of persons with Disabilities Represented by Secretary, Ministry of Social Welfare 
6.Rajshahi University
7. Vice Chancellor, Rajshahi University
8.Registrar, Rajshahi University
9. Shaheed Ziaur Rahman Medical College, Bogra
10. Principal, Shaheed Ziaur Rahman Medical College, Bogra
 

Facts

Modhusudon Chakrabarty, a medical student committed suicide on 11.12.2010 due to alleged persistent harassment by his teachers on account of his speech disability, as reported in several leading newspapers. A writ petition was filed by BLAST and others against the respondents for inaction, failure to take timely action and comply with their Statutory duties to prevent continuous harassment of a student on the ground of his physical disability which resulted in his death. The Petitioners prayed for issuing a Rule Nisi.


Rule/Order/Judgment
Date: 18/03/2012:
Details

A Rule Nisi had been issued calling upon the respondents to show cause as to why their inaction or failure to take measures to conduct an effective inquiry into allegations of harassment of students with disabilities and to take actions against those found responsible, should not be declared to be a breach of their statutory  duties under the Disability Welfare Act 2001 and the Constitution, and why they should not be directed to adopt guidelines regarding  the prevention of harassment against persons with disabilities in educational institutions, investigation of  any  such allegations,  to take action against those found responsible and provide redress to those are affected. Pending hearing of the Rule, the Respondents No. 1, 2, 4 and 5 were directed to provide information regarding the measures if any to ensure that disabled students are able to study in educational institutions without discrimination and harassment.

Justices

Mr. Justice Farid Ahmed,   ,  

Mr. Justice Sheikh Hassan Arif



Reference

Area of law
Equality,  Disability,  Discrimination (disability)

Keywords
Harassment on Disabilities

Relevant statute

Constitution, Articles 27,31,32 and 35; 

Bangladesh Disability Welfare Act 2001;

Rajshahi University Ordinance 1973


Related Proceedings
Database Last Updated on: 2018-10-14 04:29:00
Full Judgment Link: http://bdpil.org/assets/uploads/pdf/2bf03-wp-1576-of-2012.pdf