LAW NEWS

Legality of parliament body’s recommendation on female UNOs’ presence during guard of honour challenged

A writ petition has been filed with the High Court, challenging legality of a parliamentary standing committee's recommendation to exclude female upazila nirbahi officers (UNOs) in giving guard of honour to freedom fighters after death.

The parliamentary body on the Ministry of Liberation War Affairs on June 13 recommended to take necessary measures to find alternatives to a female UNO's presence during the guard of honour to valiant freedom fighters after death.

A rights organisation -- Foundation for Law and Development (FLAD) -- submitted the petition as a public interest litigation to the HC yesterday, seeking stay on the parliamentary body's recommendation. 

Today, the HC bench of Justice Md Mozibur Rahman Miah and Justice Md Kamrul Hossain Mollah adjourned the hearing on the petition for four weeks.

The bench passed the order as the authorities concerned of the government are yet to issue any notification for making the recommendation functional, petitioner's lawyer Fawzia Karim Firoze told The Daily Star.

Citing the petition, the lawyer said the recommendation made by the parliamentary body is a violation of articles 27 and 28 of the Constitution and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).

Article 27 says, "All citizens are equal before law and are entitled to equal protection of law".

According to Article 28 (1), "The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth."

Article 28 (2) states, "Women shall have equal rights with men in all spheres of the State and of public life".

Article 28(3) says, "No citizen shall, on grounds only of religion, race, caste, sex or place of birth be subjected to any disability, liability, restriction or condition with regard to access to any place of public entertainment or resort, or admission to any educational institution".

According to Article 28(4), "Nothing in this article shall prevent the State from making special provision in favour of women or children or for the advancement of any backward section of citizens".

The CEDAW, which has been ratified by Bangladesh government, clearly speaks against discrimination on the basis of gender and therefore, the recommendation made by the parliamentary standing committee on the Ministry of Liberation War Affairs is unconstitutional and unlawful, lawyer Fawzia Karim added.

 

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Legality of parliament body’s recommendation on female UNOs’ presence during guard of honour challenged

A writ petition has been filed with the High Court, challenging legality of a parliamentary standing committee's recommendation to exclude female upazila nirbahi officers (UNOs) in giving guard of honour to freedom fighters after death.

The parliamentary body on the Ministry of Liberation War Affairs on June 13 recommended to take necessary measures to find alternatives to a female UNO's presence during the guard of honour to valiant freedom fighters after death.

A rights organisation -- Foundation for Law and Development (FLAD) -- submitted the petition as a public interest litigation to the HC yesterday, seeking stay on the parliamentary body's recommendation. 

Today, the HC bench of Justice Md Mozibur Rahman Miah and Justice Md Kamrul Hossain Mollah adjourned the hearing on the petition for four weeks.

The bench passed the order as the authorities concerned of the government are yet to issue any notification for making the recommendation functional, petitioner's lawyer Fawzia Karim Firoze told The Daily Star.

Citing the petition, the lawyer said the recommendation made by the parliamentary body is a violation of articles 27 and 28 of the Constitution and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).

Article 27 says, "All citizens are equal before law and are entitled to equal protection of law".

According to Article 28 (1), "The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth."

Article 28 (2) states, "Women shall have equal rights with men in all spheres of the State and of public life".

Article 28(3) says, "No citizen shall, on grounds only of religion, race, caste, sex or place of birth be subjected to any disability, liability, restriction or condition with regard to access to any place of public entertainment or resort, or admission to any educational institution".

According to Article 28(4), "Nothing in this article shall prevent the State from making special provision in favour of women or children or for the advancement of any backward section of citizens".

The CEDAW, which has been ratified by Bangladesh government, clearly speaks against discrimination on the basis of gender and therefore, the recommendation made by the parliamentary standing committee on the Ministry of Liberation War Affairs is unconstitutional and unlawful, lawyer Fawzia Karim added.

 

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