Toddler in death row with mother: HC wants legal protection for child's physical, mental development

The High Court (HC) on Sunday issued a rule asking the government to explain why the authorities concerned should not be directed to enact a law ensuring the physical and mental development of a child forced to spend her days with her mother who is on death row.

The HC bench of Justice Naima Haider and Justice Kazi Zinat Hoque issued the rule after hearing a writ petition.

The 10-month-old child is currently in a condemned cell at Habiganj prison, following the conviction of her mother in a murder case, for which she received the death sentence.

 The HC also asked the Habiganj Inspector General of Prison and Habiganj jail authorities to submit a report about the child after investigation by January 18.

Secretaries to the Security Services division of the Home Ministry, Law Ministry, Women and Child Affairs Ministry and Inspector General of Prison were made respondents to the rule.

The court also fixed January 21 for the next hearing.

By law, all prisoners with a death sentence hanging over them are transferred to a condemned cell on death row.

On November 30, a report titled 'How is 10-month-old Mahida in the condemned cell?' was published in a daily vernacular.

According to the report, the child Mahida is staying with her mother in the condemned cell in a case under the Habiganj Woman and Child Repression Prevention Tribunal.

Tanvir Ahmed, a lawyer of the Supreme Court, drew the attention of the court after attaching the report. He also submitted a writ petition seeking directives to ensure adequate food, healthy environment and other basic requirements of the child on December 14.

Deputy attorney general Amit Dasgupta represented the state.

On October 26, Habiganj Woman and Child Repression Prevention Tribunal Judge Court-2 convicted five individuals and sentenced them to death.

One of them, Husna Akter, was present with her 10-month-old child Mahida at the dock.

According to the report, there is no management of safe drinking water in the condemned cell, and pure drinking water is only available in a small bucket which is not sufficient.

A death-row convict was served food like a convict who was awarded life imprisonment, at the condemned cell, said the report.

Meanwhile, the jail authorities allow her out of the condemned cell for one-and-half hours every day, when the convict Husna along with her child can walk freely on the 6 feet-by-10 feet balcony at the front of her cell.

There are two cells for female convicts at Habiganj jail.