PUBLIC INTEREST LITIGATION (PIL)

A compilation of PIL cases in Bangladesh

Case Number: Writ Petition No. 5684 of 2010
Date of filing: 2010/07/18
Print


Petitioners

1.Bangladesh Legal Aid and Services Trust (BLAST)

2. Ain o Shalish Kendra (ASK)

Respondents

1.Secretary, Ministry of Education

2.Secretary, Ministry of Primary and Mass Education

3.Director General, Primary and Mass Education

4. Director General, Secondary and Higher Secondary Education

5.Secretary, Ministry of Home Affairs

6.Secretary, Ministry of Women and Children’s Affairs

7. Board of Intermediate and Secondary Education

8. Board of Intermediate and Secondary Education, Chittagong

9. Board of Intermediate and Secondary Education, Rajshahi

10. Board of Intermediate and Secondary Education, Khulna

11. Board of Intermediate and Secondary Education, Jessore

12. Board of Intermediate and Secondary Education, Sylhet

13. Board of Intermediate and Secondary Education, Barisal

14. Board of Intermediate and Secondary Education, Dinajpur

15. Board of Intermediate and Secondary Education, Comilla

16. Board of Intermediate and Secondary Education, Madrasa

17.Munshipara Government Primary School, Village Uttar Ranipur, DoaburaUpazilla, Mymensingh

18.Jummahat DarulUlum Senior Madrasa, Village, Kurigram

19.Baharbag Abid Ali Dakhil Madrasa, SadarUpazila, Magura

20. PotajiyaHigh School, UpazillaShahajadpur,Sirajgaj

21.Mihius Sunna Jameya Arabia Madrasa, Village, Faridpur

22.Sharwarjan Pilot Secondary School, Barguna

23.Shekhorpara Nazrul Nagar

24.Birinchi Government Primary School, Feni

25.Modhugram Bahumukhi High School, Chagalnaiyar,Feni

26.Islami ShikkhaKendro, BandanbanSadar

27.Chotul Government Primary School, Faridpur

28. AkandparaDakhil Madrasa, Bagerhat

29.Shamshernagar Government Primary School, Komolganj, Moulvibazaar

30. PalashbariMadhyapara Non-Governmental Primary School, Municipal Area

31.Shamsuddin Teacher, Munshipara, Government Primary School  32.Golam Mowla, Teacher of JummahatDarulUlum Senior Madrasa

33.Idris Ali, Teacher of  BaharbagAbid Ali Dakhil Madrasa

34. Arefin Ahmed, Teacher of Potajiya High School, Sirajganj

35. Din Islam, Teacher of Sharwarjan Pilot Secondary School, Barguna

36.Baby Biswas, Teacher of ShekhorparaNazrul Nagar Primary School, Khulna

37.Ratna Begum, Headmistress of Birinchi Government Primary School, Feni

38.Nurul Absar, Bsc, Teacher of ModhugramNahumukhi High School, Feni

39. Abdul Rahim, Teacher of IslamiShikhkhaKendro, Bandarban

40.Zahedul Islam, Teacher of Chotul Government Primary School, Faridpur

41.Abdul Wahab, Teacher of Arabic, MeherparAkandparaDakhil Madrasa, Bagerhat

42.Faizul Huq, Teacher of Shamshernagar Government Primary School, Moulvibazaar

43.Shahnaj Sultana, Headmistress of PalashbariMadhyapara Non-governmental Primary School,Municipal Area, Kurigram

Facts

The writ petition was filed  for challenging the impugned actions being the caning, beating and chaining of children, both boys and girls, studying in governmental and non-governmental primary and secondary educational institutions, including madrasas, in particular those reported in a series of reports published in national newspapers during 2010 and also for challenging the failure of the Governments to comply with their statutory and constitutional duties to investigate allegations of corporal punishment of children in government schools, involving cruel, humiliating and degrading punishments and to prosecute and punish those found responsible, and provide redress to those affected amounting to a violation of the fundamental rights guaranteed under Articles 27, 31, 32 and 35 of the Constitution.

Rule/Order/Judgment
Date: 18/07/2010


Details

The High Court  issued a Rule Nisi calling upon the respondents to show cause as to why (a) it should not declare the involvement of government employees in such violence and the failure to take any effective measures for prevention, or prosecution and punishment of those responsible to be a violation of the rights to freedom from cruel, degrading and inhuman treatment or punishment guaranteed under the Constitution and (b) why it should not direct the Government to conduct trainings for all teachers, regularly inspect and monitor schools, and disseminate information through the national media about corporal punishment as a wrong and a human rights violation.

The Court also issued interim orders upon the concerned Ministries and the Boards of Education to report within two months on measures taken to investigate, prosecute and punish such incidents of corporal punishment and upon the Ministry of Education to immediately instruct all primary and secondary educational institutions by circular to refrain from carrying out any incident of corporal punishment on any child in any such institution.

Justices

Mr. Justice Md. Imman Ali
Mr. Justice Obaidul Hassan
 



Date: 13/01/2011


Details

After being heard the submission the court with regard to the prohibition of corporal punishment within the home and workplace sdirected the government  to consider amending the Children Act, 1974 to make it an offence for parents and employers to impose corporal punishment upon children. 

Also the view of the court was that laws which allow corporal punishment, including whipping under the Penal Code, Code of Criminal Procedure, Railways Act, Cantonment Pure Food Act, Whipping Act, Suppression of Immoral Traffic Act, Children Rules, 1976 and any other law which provides for whipping or canning of children and any other persons, should be repealed immediately by appropriate legistation as being cruel and degrading punishment contrary to the fundamental rights guaranteed by the Constitution.

The court made the rule absolute with the above observations and directions.

Justices

Mr. Justice Md. Imman Ali

Mr. Justice Sheikh Hassan Arif



Database Last Updated on: 2018-10-01 10:00:40
Reference
63 DLR (2011) 643
Area of law
Life,
Freedom from torture,
Children's Rights,
Access to Justice,
Accountability and Institutional Reform
Keywords
Corporal Punishment in Educational Institutions
Relevant statute

Constitution, Articles 27, 31, 32 and 35; Children Act, 1974; Penal Code, 1860;

Intermediate and Secondary Education Ordinance, 1961; Registration of Private Schools Ordinance, 1962; Madrasa Education Ordinance, 1978;

International Covenant on Civil and Political Rights, 1966;

Convention on the Elimination of all forms of Discrimination against Women, 1979;

Convention on the Rights of Persons with Disabilities, 2006;

Convention on the Rights of the Child, 1989





Case Number: Writ Petition No. 5684 of 2010
Date of filing: 2010/07/18

Petitioners

1.Bangladesh Legal Aid and Services Trust (BLAST)

2. Ain o Shalish Kendra (ASK)

Respondents

1.Secretary, Ministry of Education

2.Secretary, Ministry of Primary and Mass Education

3.Director General, Primary and Mass Education

4. Director General, Secondary and Higher Secondary Education

5.Secretary, Ministry of Home Affairs

6.Secretary, Ministry of Women and Children’s Affairs

7. Board of Intermediate and Secondary Education

8. Board of Intermediate and Secondary Education, Chittagong

9. Board of Intermediate and Secondary Education, Rajshahi

10. Board of Intermediate and Secondary Education, Khulna

11. Board of Intermediate and Secondary Education, Jessore

12. Board of Intermediate and Secondary Education, Sylhet

13. Board of Intermediate and Secondary Education, Barisal

14. Board of Intermediate and Secondary Education, Dinajpur

15. Board of Intermediate and Secondary Education, Comilla

16. Board of Intermediate and Secondary Education, Madrasa

17.Munshipara Government Primary School, Village Uttar Ranipur, DoaburaUpazilla, Mymensingh

18.Jummahat DarulUlum Senior Madrasa, Village, Kurigram

19.Baharbag Abid Ali Dakhil Madrasa, SadarUpazila, Magura

20. PotajiyaHigh School, UpazillaShahajadpur,Sirajgaj

21.Mihius Sunna Jameya Arabia Madrasa, Village, Faridpur

22.Sharwarjan Pilot Secondary School, Barguna

23.Shekhorpara Nazrul Nagar

24.Birinchi Government Primary School, Feni

25.Modhugram Bahumukhi High School, Chagalnaiyar,Feni

26.Islami ShikkhaKendro, BandanbanSadar

27.Chotul Government Primary School, Faridpur

28. AkandparaDakhil Madrasa, Bagerhat

29.Shamshernagar Government Primary School, Komolganj, Moulvibazaar

30. PalashbariMadhyapara Non-Governmental Primary School, Municipal Area

31.Shamsuddin Teacher, Munshipara, Government Primary School  32.Golam Mowla, Teacher of JummahatDarulUlum Senior Madrasa

33.Idris Ali, Teacher of  BaharbagAbid Ali Dakhil Madrasa

34. Arefin Ahmed, Teacher of Potajiya High School, Sirajganj

35. Din Islam, Teacher of Sharwarjan Pilot Secondary School, Barguna

36.Baby Biswas, Teacher of ShekhorparaNazrul Nagar Primary School, Khulna

37.Ratna Begum, Headmistress of Birinchi Government Primary School, Feni

38.Nurul Absar, Bsc, Teacher of ModhugramNahumukhi High School, Feni

39. Abdul Rahim, Teacher of IslamiShikhkhaKendro, Bandarban

40.Zahedul Islam, Teacher of Chotul Government Primary School, Faridpur

41.Abdul Wahab, Teacher of Arabic, MeherparAkandparaDakhil Madrasa, Bagerhat

42.Faizul Huq, Teacher of Shamshernagar Government Primary School, Moulvibazaar

43.Shahnaj Sultana, Headmistress of PalashbariMadhyapara Non-governmental Primary School,Municipal Area, Kurigram

Facts

The writ petition was filed  for challenging the impugned actions being the caning, beating and chaining of children, both boys and girls, studying in governmental and non-governmental primary and secondary educational institutions, including madrasas, in particular those reported in a series of reports published in national newspapers during 2010 and also for challenging the failure of the Governments to comply with their statutory and constitutional duties to investigate allegations of corporal punishment of children in government schools, involving cruel, humiliating and degrading punishments and to prosecute and punish those found responsible, and provide redress to those affected amounting to a violation of the fundamental rights guaranteed under Articles 27, 31, 32 and 35 of the Constitution.


Rule/Order/Judgment
Date: 18/07/2010:
Details

The High Court  issued a Rule Nisi calling upon the respondents to show cause as to why (a) it should not declare the involvement of government employees in such violence and the failure to take any effective measures for prevention, or prosecution and punishment of those responsible to be a violation of the rights to freedom from cruel, degrading and inhuman treatment or punishment guaranteed under the Constitution and (b) why it should not direct the Government to conduct trainings for all teachers, regularly inspect and monitor schools, and disseminate information through the national media about corporal punishment as a wrong and a human rights violation.

The Court also issued interim orders upon the concerned Ministries and the Boards of Education to report within two months on measures taken to investigate, prosecute and punish such incidents of corporal punishment and upon the Ministry of Education to immediately instruct all primary and secondary educational institutions by circular to refrain from carrying out any incident of corporal punishment on any child in any such institution.

Justices

Mr. Justice Md. Imman Ali
Mr. Justice Obaidul Hassan
 ,  


Date: 13/01/2011:
Details

After being heard the submission the court with regard to the prohibition of corporal punishment within the home and workplace sdirected the government  to consider amending the Children Act, 1974 to make it an offence for parents and employers to impose corporal punishment upon children. 

Also the view of the court was that laws which allow corporal punishment, including whipping under the Penal Code, Code of Criminal Procedure, Railways Act, Cantonment Pure Food Act, Whipping Act, Suppression of Immoral Traffic Act, Children Rules, 1976 and any other law which provides for whipping or canning of children and any other persons, should be repealed immediately by appropriate legistation as being cruel and degrading punishment contrary to the fundamental rights guaranteed by the Constitution.

The court made the rule absolute with the above observations and directions.

Justices

Mr. Justice Md. Imman Ali

Mr. Justice Sheikh Hassan Arif



Reference
63 DLR (2011) 643

Area of law
Life,  Freedom from torture,  Children's Rights,  Access to Justice,  Accountability and Institutional Reform

Keywords
Corporal Punishment in Educational Institutions

Relevant statute

Constitution, Articles 27, 31, 32 and 35; Children Act, 1974; Penal Code, 1860;

Intermediate and Secondary Education Ordinance, 1961; Registration of Private Schools Ordinance, 1962; Madrasa Education Ordinance, 1978;

International Covenant on Civil and Political Rights, 1966;

Convention on the Elimination of all forms of Discrimination against Women, 1979;

Convention on the Rights of Persons with Disabilities, 2006;

Convention on the Rights of the Child, 1989


Related Proceedings
Database Last Updated on: 2018-10-01 10:00:40
Full Judgment Link: http://blast.org.bd/content/judgement/wp_5684of2010.pdf