Case Number: Writ Petition No. 1576 of 2012

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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

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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