HC asks why father would be only guardian
It also asked the govt to formulate guidelines to recognise the mother as the children’s guardian alongside the father
The High Court on Monday (22 April) issued a rule upon the government to explain why section 19 (b) of the Guardians and Wards Act-1890 designating that the father is the only guardian of a child should not be declared illegal and unconstitutional.
At the same time, the court directed the authorities concerned to prepare guidelines to recognise the mother as the guardian of the child alongside the father.
The guidelines have to be submitted to the court within four months by 4 August.
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The court also directed the Ministry of Women and Children Affairs and the National Human Rights Commission to constitute a committee for preparing the guidelines.
The HC bench of Justice Naima Haider and Justice Kazi Zinat Haque issued the rule and directions after hearing a writ in this regard.
The Ministry of Law, Justice & Parliamentary Affairs, the Ministry of Women and Children Affairs, the Law Commission, Bangladesh, and the National Human Rights Commission, Bangladesh were made respondents to the rule.
Five rights organisations –Think Legal Bangladesh, Bangladesh Legal Aid and Services Trust (BLAST), Bangladesh Mahila Parishad, Naripokkho, and the Academy of Law and Policy (ALAP) – filed the petition on public interest.
Petitioners' lawyer Barrister Sara Hossain said, "This rule issued today is an important step in moving us towards ensuring equality for women about rights within the family and the guardianship of children, and away from the discriminatory attitudes and concepts that were embedded in colonial laws and continue to prevail in society."
Another lawyer of the petition, Barrister Anita Ghazi Rahman said "The Guardians and Wards Act, 1890 is a 134-year-old colonial Act. As per the act, women did not have any legal status nor any rights regarding their children which is not applicable in the 21st era. This is an excellent first step to recognising mothers' rights as the guardians of their children."
The petitioners filed the writ in the public interest impugning section 19(b) of the Guardians and Wards Act, 1890, as being violate of the fundamental rights of women to equality and non-discrimination, and praying for a declaration that women and men be treated on an equal footing to be appointed or declared as the guardian of a minor under the Guardians and Wards Act, 1890 per the fundamental rights guaranteed under Article 26, 27 and 28 of the Constitution.
