PUBLIC INTEREST LITIGATION (PIL)

Bangladesh National Women Lawyers’ Association (BNWLA)

1. Secretary, Ministry of Education
2. Secretary, Ministry of Home Affairs
3. National University, represented by Vice Chancellor
4. Registrar, National University
5. Principal, Eden Girls ‘College
6. Superintendent Girls’ Hostel, Eden Girls College
7. Officer-in-charge, Dhanmondi Police Station

A student of Eden College was sexually harassed and abused by a doctor named Prof. A.K.M Rafiq Uddin on 09.05.2010. The victim’s parents discouraged their daughter to disclose the matter due to social stigma and reputation. On the other hand, the alleged doctor fearing his conduct would be exposed in public, made a false case against the brother and the victim girl under section 143,448,365,380,385, 342, 427, 506 of the Penal Code.  After the case was lodged by the alleged doctor, a case was filed by the victim under section 10 of Nari O Shishu Nirjatan Daman Ain 2000. Then Eden College cancelled her seat from the hostel without any enquiry. The victim also was in fear since the police had gone to her village and enquired about her relatives. The victim felt threatened when a group of doctors tried to colour the incident into a political incident. The police also did not take any step to protect her from threats.

The Court issued a Rule Nisi calling upon the respondents to show cause as to why the notice dated 13.05.10 issued by Respondent Nos. 5 & 6  cancelling the victim’s hostel seat should not be declared to have been passed without lawful authority and is of no legal effect.

The Court directedRespondent Nos. 2-7 to provide protection to the victim NurjahanAkhtarLipi so that she is not harassed further.

Mr. Justice Syed MahmoodHossain