PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: Suo Moto Rule No. 21 of 2017
Date of filing: 2017/10/30
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Petitioners

State

 

Respondents

1. Secretary, Public Administration Ministry, Secretariat of Bangladesh, Dhaka;
2.Secretary, Ministry of Local Government, Secretariat, Dhaka;
3. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Secretariat, Dhaka;
4. Secretary, Women and Children related Ministry, Secretariat of Bangladesh,Dhaka;
5. Secretary, Social Welfare Ministry, Secretariat of Bangladesh, Dhaka;
6. Inspector General, Bangladesh Police, Police Head Quarter, Dhaka.

Facts

On 28 October 2017, a news report was published in the Daily Prothom Alo under the heading of “8 early child marriage is stopped within 24 hours”. This article was brought to the attention of the Court, where it was clearly stated that according to the data of the Governance Innovation Unit of the Prime Minister’s office, 13,334 incidents of child marriage has been stopped in 2014. In 2015, the number was 15,775 and in 2016 6,389.The same article cited statistical formation from the UNICEF from 2015 where it was evident that 52% of women aged between 20 – 24 years were forced to marry before the age of 18. This data clearly proved that the administration could not successfully stop the early child marriage in Bangladesh.

Rule/Order/Judgment
Date: 30/10/2017


Details

The High Court Division issued a Suo Moto Rule calling upon the respondent nos. 1-6 to show cause as to why, in the case of Unions, the Union Parishad Chairman and relevant ward member, and in the case of  the City Corporation and the Municipality, why the relevant Ward Commissioner, should not be responsible for every child marriage and why they should not be dismissed from their posts for their failure to take necessary legal steps against the child marriage as representatives of the public in their area, or any such order as the Court deems fit.

The Rule is made returnable within next 4 weeks.

The office of the Supreme Court of Bangladesh is directed to communicate the order to the concerned respondents on its own cost by general notice.

The Court further directed to the Secretary, Ministry of Social Welfare and the Secretary, Ministry of Women and Children Affairs to send a copy of the said Rule to all Deputy Commissioners and Upazila Nirbahi Officers in every district, who will disseminate the Rule in every Union Parishad, Municipality and City Corporation.

Justices

Justice Quazi Reza-Ul Hoque

Justice Mohammad Ullah



Database Last Updated on: 2017-12-11 00:00:00
Area of law
Women’s Rights,
Children's Rights
Keywords
Child Marriage; Child Marriage Restraint Act 2017; early marriage
Relevant statute

Child Marriage Restraint Act 2017





Case Number: Suo Moto Rule No. 21 of 2017
Date of filing: 2017/10/30

Petitioners

State

 

Respondents

1. Secretary, Public Administration Ministry, Secretariat of Bangladesh, Dhaka;
2.Secretary, Ministry of Local Government, Secretariat, Dhaka;
3. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Secretariat, Dhaka;
4. Secretary, Women and Children related Ministry, Secretariat of Bangladesh,Dhaka;
5. Secretary, Social Welfare Ministry, Secretariat of Bangladesh, Dhaka;
6. Inspector General, Bangladesh Police, Police Head Quarter, Dhaka.

Facts

On 28 October 2017, a news report was published in the Daily Prothom Alo under the heading of “8 early child marriage is stopped within 24 hours”. This article was brought to the attention of the Court, where it was clearly stated that according to the data of the Governance Innovation Unit of the Prime Minister’s office, 13,334 incidents of child marriage has been stopped in 2014. In 2015, the number was 15,775 and in 2016 6,389.The same article cited statistical formation from the UNICEF from 2015 where it was evident that 52% of women aged between 20 – 24 years were forced to marry before the age of 18. This data clearly proved that the administration could not successfully stop the early child marriage in Bangladesh.


Rule/Order/Judgment
Date: 30/10/2017:
Details

The High Court Division issued a Suo Moto Rule calling upon the respondent nos. 1-6 to show cause as to why, in the case of Unions, the Union Parishad Chairman and relevant ward member, and in the case of  the City Corporation and the Municipality, why the relevant Ward Commissioner, should not be responsible for every child marriage and why they should not be dismissed from their posts for their failure to take necessary legal steps against the child marriage as representatives of the public in their area, or any such order as the Court deems fit.

The Rule is made returnable within next 4 weeks.

The office of the Supreme Court of Bangladesh is directed to communicate the order to the concerned respondents on its own cost by general notice.

The Court further directed to the Secretary, Ministry of Social Welfare and the Secretary, Ministry of Women and Children Affairs to send a copy of the said Rule to all Deputy Commissioners and Upazila Nirbahi Officers in every district, who will disseminate the Rule in every Union Parishad, Municipality and City Corporation.

Justices

Justice Quazi Reza-Ul Hoque

Justice Mohammad Ullah



Reference

Area of law
Women’s Rights,  Children's Rights

Keywords
Child Marriage; Child Marriage Restraint Act 2017; early marriage

Relevant statute

Child Marriage Restraint Act 2017


Related Proceedings
Database Last Updated on: 2017-12-11 00:00:00
Full Judgment Link: http://bdpil.org/assets/uploads/pdf/1c148-suo-moto-rule-no-21-of-2017.pdf