Badhan sets example, wins battle over custodial rights

In a resounding declaration of victory for maternal rights, the name of actress Azmeri Haque Badhan echoed through the courtroom once more, but this time with resolute pride. Recently, Badhan achieved a significant milestone– full guardianship of her child. This monumental event took place on Monday (April 22), marking a triumph not just for Badhan personally, but for all mothers striving for recognition of their inherent rights.

The pivotal moment came as the High Court intervened to address the archaic guardianship laws prevalent in Bangladesh. Under the existing legal framework, Section 19(B) of the Guardian and Wards Act of 1890 denied anyone the opportunity to become the guardian of a minor child if the father was alive. Recognising the inherent conflict and inconsistencies between these laws and fundamental constitutional rights, the High Court opted not to declare them in discord with constitutional articles 26, 27, and 28.

Following this decision, a committee comprised of experts in family law was tasked with formulating guidelines to facilitate the guardianship process, directing the Ministry of Women and Children Affairs and the National Human Rights Commission to submit these guidelines by August 4. This landmark ruling not only addressed a legal discrepancy but also symbolised a significant step towards gender equality and maternal empowerment.

For Badhan, this victory was the culmination of a protracted struggle. With her daughter, Michele Amani Saira, now a fifth-grade student, Badhan had dedicated herself to providing a nurturing environment. Their bond has been unbreakable, and Badhan meticulously organised her professional commitments around her daughter's needs.

Recalling the arduous journey, Badhan shared her experiences with a mix of relief and determination. "I remember anxiously awaiting the verdict for my daughter's guardianship back in April 2018," she recounted. "It was an immensely challenging time for me, feeling isolated without any support system," she shared with The Daily Star.

Badhan's resolve was fueled by her unwavering belief in the injustice of the existing laws. "Why should I have to seek permission from her father, who hasn't contributed anything?" she questioned. "This was the most significant hurdle for me then, feeling like my existence was diminished."

In the face of societal expectations and legal obstacles, Badhan refused to relent. "As a mother, I couldn't tolerate such injustice," she affirmed. "I wanted to ensure she had the best possible upbringing."

Her perseverance paid off as she navigated the legal proceedings with diligence and determination. "Throughout the hearings, I attended diligently, listening attentively to every argument," she recounted. "When I stood before the judge, I presented my case transparently, sharing my perspective."

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Badhan's case served as a beacon of hope and a catalyst for change. "My verdict, being a rare occurrence in Bangladesh, underlines the urgency of addressing this issue," she emphasised. "Now, with this rule in place, it's time to challenge the notion that this isn't discriminatory and take steps to rectify it."

Reflecting on her journey, Badhan expressed gratitude for the support she received and the organisations advocating for maternal rights. "This experience has reinforced my belief in the importance of women speaking up and being aware of their rights," she proclaimed.

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