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No discrimination against women commissioners

HC cancels ministry circular disallowing them from taking part in census, issuing certificates

STAFF CORRESPONDENT
The High Court (HC) yesterday asked the government not to discriminate between women ward commissioners and their male counterparts in delegation of authority and voided a ministerial circular that it called contrary to the constitution.
The verdict came after 10 women ward commissioners from reserved seats of Khulna City Corporation filed a writ petition last year, challenging the local government and rural develop-
ment ministry's circular that did not allow the women commissioners to take part in census or issue nationality certificates or reference letters.
Justices ABM Khairul Haque and Miftahuddin Ahmed also asked the authorities to comply with the constitution and city corporation ordinances in assigning work and authority to the women commissioners.
Abdul Matin Khasru, filing lawyer of the writ petition, said the verdict would apply to the six city corporations and in principle -- other local government
bodies. Barrister Sara Hossain and Barrister Tanjib-Ul Alam also moved for the petitioners.
Attorney General AF Hassan Ariff who moved for the government told newspersons that the government would take a decision on an appeal against the verdict after getting a certified copy of the order.
The writ petition said the circular cut the authority of the women commissioners from the reserved seats, compared to their counterparts from general seats.
The commissioners from reserved seats were also receiving less remuneration for attending meetings than general-seat commissioners.
The petitioners said the circular violated their constitutionally guaranteed fundamental rights to equality and gender nondiscrimination and the right to be treated in line with the law.
Earlier, an HC division bench of Justices Hamidul Haque and Zinat
Ara on May 3 last year asked the government to explain why the circular should not be declared illegal.
The court observed in yesterday's verdict that the constitution ensures equal rights to men and women and referred to their equal rights in religious books.
Once a woman is elected, she will be considered a ward commissioner and there is no scope for discrimination in authority between the commissioners from general and reserved seats, the HC said.
The corporation being a corporate body, the government cannot interfere with its powers and functions except for what is permitted by law, the court said.
Because of constitutional importance of the petition, two nongovernmental organisations, Ain O Salish Kendra and Bangladesh Mahila Parishad, came up as intervenors, parties that enter a lawsuit as third parties.
Dr Kamal Hossain was requested by the court to make submissions on some constitutional questions as a friend of court, called amicus curiae in legal jargon.
The Awami League government in 1999, amending the local government laws, introduced reserved seats to women in the local government bodies in an effort to politically empower them.
The new provision says every reserved seat comprises three wards at each Union Parishad, Paurashabha and City Corporation and women are elected representatives. But the elected women representatives alleged that they were facing discrimination at work.