Case Number: Writ Petition No. 4484 of 2024
Date of filing: 2024/04/21
Petitioners:
- Think Legal Bangladesh,
- Bangladesh Legal Aid and Services Trust (BLAST),
- Bangladesh Mahila Parishad,
- Naripokkho,
- Academy of Law and Policy (ALAP).
Respondents
- The Government of Bangladesh represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Dhaka.
- The Government of Bangladesh represented by the Secretary, Ministry of Women and Children Affairs, Bangladesh Secretariat, Dhaka.
- The Chairman, Law Commission, 15 college Road, Dhaka.
- The Chairman, National Human Rights Commission, BTMC Building, Kawran Bazar, Dhaka.
Facts:
Date: 2024/04/22
Women and men should be treated on an equal footing for the purpose of being appointed or declared as the guardian of a minor under the Guardians and Wards Act, 1890 in accordance with the fundamental rights guaranteed under Article 26, 27 and 28 of the Constitution of the Peoples Republic of Bangladesh.
Section 19(b) of the Guardians and Wards Act, 1890 as being violative of the fundamental rights of woman to equality and non-discrimination and to family life.
Rule: Rule Nisi and direction
High Court issued a Rule Nisi upon the Respondents to show cause as to why clause (b) of section 19 of the Guardian and Wards Act, 1890 should not be declared to ultra vires the Constitution.
The Court also issued direction to respondents 2 and 4 to constitute a committee comprising the respondents and independent experts to formulate detailed criteria and guidelines to help decision makers to assess guardianship issue and submit the said guideline within 4th August 2024.
04.07.2024
Details
Justices
Justice Naima Haider and Justice Kazi Zinat Hoque
Area of law:
Articles 27 and 102 of the Constitution of the People’s Republic of Bangladesh, The Guardian and Wards Act, 1890.
Keywords
Equality before law, Right to life and personal liberty, Right to protection of law, Right to safety and security.
Relevant statute
Details