Mother’s name enough as guardian in documents, rules High Court

The High Court on Tuesday ruled that it will be sufficient if students mention mothers name while filling out a student information form for appearing in examinations and they cannot be forced to mention their father’s name against their will.

The court in the historic verdict also observed that forms with the name of the student’s mother or any legal guardian instead of the father must be accepted.

Delivering the verdict on a writ petition, the HC bench of Justice Naima Haider and Justice Md Khairul Alam said all citizens have the right to get an education and job under the constitution.

The court observed that students may have difficulties in mentioning their father’s name in the SIF and if they are not allowed to complete the SIF due to not mentioning their father’s name, they will be deprived of education which is contrary to their fundamental rights.

Deputy Attorney General Amit Das Gupta said the court also declared illegal and unconstitutional the refusal to provide admit cards to SSC and HSC candidates who have not used their father’s name in the SIF.

Lawyers and human rights activists have lauded and welcomed the HC verdict and called it a ‘breakthrough’ for gender equality.

In April 2007, media report said Rajshahi Education Board refused to issue an admit card to an SSC examinee from Thakurgaon as the student failed to provide information about the father. The girl in question was raised by her mother after her biological father left them.

Later, on August 2, 2009, three human rights bodies – Bangladesh Legal Aid and Services Trust (BLAST), Bangladesh Mahila Parishad and Naripokkho – jointly filed a writ challenging the refusals by the education boards to issue registration cards to the SSC and HSC candidates, who could not complete the SIFs with names of their fathers and mothers.

It was mentioned in the writ petition that the candidates who were born in brothels could not mention the names of their fathers and they would be deprived of education if they were not allowed to complete their SIFs.

Later, a HC bench on August 3, 2009 issued a rule upon government to explain why the refusal to issue admit cards for the SSC and HSC candidates, who cannot not complete the SIFs with the names of their fathers, should not be declared illegal.

The HC in the rule also asked the authorities concerned to show cause as to why they should not be directed to amend the SIFs to include identification information regarding the name of the father, or mother, or guardian of the candidates.

Lawyers Aynunnahar Siddiqua Lipi, SM Rezaul Karim, and Ayesha Aktar appeared for the writ petitioners.