PUBLIC INTEREST LITIGATION (PIL)

1.  Bangladesh Legal Aid Services and Trust (BLAST)
2.  National Grassroots Disability Organization (NGDO)
3. National Council of Disabled Woman (NCDW) 

1. The Secretary, Ministry of Social Welfare, Government of the People’s Republic of Bangladesh.

2. The Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People’s Republic of Bangladesh.

3. Director General, Department of Social Welfare.

4. Managing Director, Jatio Protibondhi Unnayon Foundation.

  On 9th October 2013 the Government of Bangladesh enacted a new Act, “The Right and Protection of Persons with Disabilities, 2013” for establishing the rights, protections and full participation in social and state activities to remove all discrimination against persons with disabilities. But section 1(2)(a), 1(2)(b) of this Act requires Valid ID card for establishing the right of person with disability under section 31 and 36. As per Section 31 and 36 of this Act the respondents are collectively responsible to publish the official gazette notification for announcing the date for application for ID card and other formalities and also to form the rules in this regard as under section 41. 

“The Right and Protection of Persons with Disabilities, 2013” is enacted by repealing the Disability Act, 2001, hence the issuance of ID card is stopped form the date of execution of this new Act. The new ID card issuance procedure is not defined yet. As a result section 31 and 36 do not come into force.

Rule Nisi issued upon all the respondents to show cause as to why the respondents do not publish a gazette notification for activating section 31 and 36 and forming a committee as required under section 17, 19, 21, 23 and 24. A direction also issued upon all the respondents to frame Rules under section 41 of  “The Right and Protection of Persons with Disabilities, 2013”.

Mr. Justice Moyeenul Islam Chowdhury and Mr. Justice Md. Ashraful Kamal