Notable Decisions of the Supreme Court of Bangladesh

In view of the end of 2023, the write-up compiles certain landmark decisions that were handed down by the Supreme Court of Bangladesh last year.

Mothers to be recognised as legal guardians of children

On 24 January 2023, the High Court Division (HCD) delivered a landmark decision on legal guardianship of the children. It is now sufficient to fill out the Student Information Forms (SIF) by providing mother's name only. Bangladesh Legal Aid and Services Trust, Bangladesh Mahila Parishad and Nari Paksha jointly filed a writ petition against the state citing public interest. The court further ordered the education boards to submit a report laying out where mentioning both parents name is compulsory and what measures have been taken if eligible students are unable to mention their father's names.

The court further underlined that torture committed while in police custody is the most grievous form of criminal act within a civilised society. When acts of wrongdoing are permitted to continue without consequences, it serves as an incentive for criminals and leads to deterioration of society's trust in the legal and justice system.

Ensuring prisoners' right to health care

The HCD observed that inmates have the right to receive healthcare, and it is imperative to furnish them with necessary services in this regard. This holding was handed down on 24 January 2023. Deciding on a writ petition challenging the unfilled positions of physicians in prisons, the HCD directed the relevant authorities to recruit physicians for the unoccupied positions in prisons nationwide. The Court also expressed discontent with the tardiness in the recruitment of doctors in prisons.

Disclosing marital status of students

On 16 February 2023, the HCD declared that students should not be forced by the authority to reveal their marital status during admission in educational institutions. The decision followed a writ petition inspired by an incident where a survivor of gender-based violence was unable to fill out the admission form without disclosing her marital status. The court further directed the government to take necessary steps and formulate policies regarding the matter.

Setting up breastfeeding corners in public places

The HCD on 2 April 2023, delivered a landmark verdict by ordering the concerned government ministries to take immediate actions to set up breastfeeding corners in public places e.g., railway stations, bus stops, airports, workplaces etc. The HCD emphasised the Prime Minister's 2009 directive to establish breastfeeding corners in all public and private workplaces to ensure flexible and safe environment for mothers and babies alike.

Police accountability to explain in cases of custodial torture

In July 2023, the HCD noted that in cases when an individual sustains injuries while in police custody, it is the responsibility of the police officer to provide an explanation for how an uninjured person came to be harmed while under their care. The court further underlined that torture committed while in police custody is the most grievous form of criminal act within a civilised society. When acts of wrongdoing are permitted to continue without consequences, it serves as an incentive for criminals and leads to deterioration of society's trust in the legal and justice system.

Directions to implement anti-bullying policy

In August 2023, the HCD ordered the relevant authorities to disseminate and enforce the anti-bullying policy, published by the education ministry, in order to safeguard children from bullying at all educational institutions. The Education Secretary was instructed to distribute the gazette, which contains the Policy for the Prevention of Bullying and Ragging in Educational Institutions 2023 to all educational institutions. The court has instructed the education ministry to promptly establish an anti-bullying committee and assign a counsellor to each academic institution within a six-month timeframe. The purpose of this initiative is to mitigate instances of verbal bullying, physical abuse, and cyberbullying in educational institutes.

The writers are Law Desk Intern, The Daily Star and LLM candidate at the University of Dhaka, respectively.