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Monday, October 4, 2010

Re: [ALOCHONA] Burqa can't be forced: High Court



Tuesday, October 5, 2010



Secularism back

HC says original constitution automatically restored thru' 5th amendment verdict; nobody can be forced to wear burqa, cap, dhuti

Staff Correspondent
The High Court yesterday ruled that Bangladesh is now a secular state since the original constitution of 1972 has been automatically restored following the Supreme Court judgement on the fifth amendment.
In this secular state, everybody has religious freedom, and therefore no man, woman or child can be forced to wear religious attires like burqa, cap and dhuti, the HC said in a verdict.
But nobody could be prohibited from wearing religious attires if he or she wishes to wear those, it said.
The court also directed the authorities to immediately issue a circular asking all educational institutions not to compel students to wear religious clothes.
A division bench of the HC came up with the judgement after hearing a suo moto rule issued by it on August 22 asking the government to explain why compelling women to wear religious attires should not be declared illegal.
The bench comprised of Justice AHM Shamsuddin Chowdhury Manik and Justice Sheikh Md Zakir Hossain had issued the rule following a report published in a Bangla daily with the headline "Rani Bhabani Mohila College: Burqa Na Porle Ashte Mana" (Students of Rani Bhabani Women's College not wearing veils are barred from entering the campus).
The August 22 report said principal of the college at Natore Mozammel Haque stopped cultural activities and sports at the college, and prohibited students not come to the campus without wearing burqa.
The HC observed that the four state principles including secularism, the main spirit of the Liberation War of the republic, have been re-established since the constitution of 1972 has been restored.
Some military rulers had illegally damaged the constitution of 1972 through martial law regulations, which are not recognised now, the judgement said.
The court directed the government to probe the allegations against the principal and take action.
But he should be kept on suspension during probe, it said.
Earlier, responding to the HC rule, the government had informed the court that it had issued a circular asking the authorities concerned not to compel women students to wear religious attire, and made Mozammel an officer on special duty (OSD).
Mozammel appeared before the HC bench yesterday as per its earlier order.
Secretaries to the ministries of home, education, social welfare and women affairs, and the principal have been made respondents to the court verdict.
SC lawyers Mahbub Shafique and KM Hafizul Alam argued before the court against compulsory wearing of religious attires.
Deputy Attorney General Nazrul Islam Talukder represented the government.

Tuesday, October 5, 2010
 
 
The High Court on Monday ruled that no woman or girl in the country could be forced to wear veil, burqa or any religious dress against her will.
   The bench of Justice AHM Shamsuddin Chowdhury and Justice Sheikh Md Zakir Hossain also ruled that the original Constitution, framed in 1972, was automatically restored after the Appellate Division declared illegal the Fifth Amendment to the Constitution.
   The four fundamental principles of state policy, including secularism, have also been automatically restored by the Supreme Court�s verdict, meaning that everybody in the country has the right to freedom of religion, said the court.
   �As any person in the country has the freedom of religion, no one can be forced to wear veil or any religious dress,� it pointed out.
   The court also added that nobody could be prohibited to wear veil or any religious dress if s/he wishes to do so.
   The court came up with the rulings in its judgement in a rule it issued suo moto on August 22, asking the government to ensure that no women are forced to wear veil or any religious dress and no girl students are barred from cultural activities and sports in educational institutions or offices.
   The same bench on August 22 issued the rule suo moto as two Supreme Court lawyers, Mahbub Shafiq and KM Hafizul Alam, drew its attention to a report published in the daily Kaler Kantho on August 22, headlined �Rani Bhabani Government Women College: Borka Na Parle Ashte Mana� (Students asked not to go to Rani Bhabani Government College without wearing burqas).
   In the verdict, the court said that the principal of Rani Bhabani College in Natore, Mozzammel Haque, was found guilty of forcing the female students to wear veil and barring them from sports and cultural activists.
   �The government can sack the principal if it wants,� the court said.
   During the hearing of the rule, the government informed the court that it had already ordered the educational institutions not to force female students to wear veil or any religious dress following the August 22 rule.
   A circular issued on August 25 by the education ministry, signed by its secretary Syed Ataur Rahman, also detailed a six-point directive.
   The circular asked the authorities concerned to ensure that female students are not harassed or punished for not wearing veil or any religious dress.
   It also ordered the authorities to ensure that no female students are barred from cultural activities and sports in educational institutions.
   Forcing any female student to wear the veil or any religious dress or barring any female student from cultural activities and sports will be considered misconduct, said the circular.
   It directed the heads and the managing committees of educational institutions to take necessary steps to ensure the implementation of the directives.
   The circular said that the departments, directorates or educational boards under the education ministry would take legal action against educational institutions and management committees if they are found to be violating the directives.
   The circular said that the directives were issued to protect the human rights ensured in Article 28 of the Constitution.
   The Article says that the state will not discriminate against any citizens on the grounds only of religion, race, caste, sex or place of birth, and no citizen will be denied access to any place of public entertainment or admission to any educational institution.
   On April 8 the High Court bench of Justice Syed Mahmud Hossain and Justice Syeda Afsar Jahan ruled that no girls should be forced to wear veils in educational institutions as it was a matter of individual choice.
   The court had also asked the government to immediately take steps to enforce its 14 May, 2009 guidelines on preventing sexual harassment of women and girls in educational institutions, offices, factories and other workplaces.
   In its verdict in a public interest litigation writ petition, filed by Supreme Court lawyer Salahuddin Dolon, the court also asked the education ministry to ensure that no man working in a superior position should harass women working in public and private educational institutions.
   The petitioner drew the court�s attention to a newspaper report which said that the headmistress of a primary school in Kurigram had been subjected to verbal abuse with sexual overtones at a meeting in her school by an upazila education officer in 2009 for not covering her head in his presence.
   During the hearing of the petition, the upazila education officer apologised in person to the headmistress.

   October 05, 2010  

'1972 constitution restored after SC order on 5th amendment'
The four state principles including secularism have been automatically reestablished following the SC judgment on the Fifth Amendment, it added

 
Tuesday October 05 2010 00:28:56 AM BDT

 
The High Court (HC) on Monday ruled that the original constitution of 1972 has been automatically restored following the Supreme Court (SC) judgment on Fifth Amendment.It said, everybody of the republic have to follow the 1972 constitution.(The Daily Star )

The four state principles including secularism have been automatically reestablished following the SC judgment on the Fifth Amendment, it added.

That means everybody has religious independence. Therefore nobody can be forced to wear religious attire like Borka (veil) and dhuti.

The court also said nobody could be prohibited to wear such attire if he or she wishes to wear such types of attire.

An HC bench of Justice AHM Shamsuddin Chowdhury Manik and Justice Sheikh Md Zakir Hossain came up with the judgment after hearing a suo moto rule issued by another bench on August 22 this year.

The bench issued the suo moto rule upon the government to explain why compelling the women to wear religious attire should not be declared illegal.

Following the HC order the government earlier informed the court that it had issued a circular upon the authorities concerned not to compel the women students to wear religious attire.

The court delivered the judgment in the day after disposing of the suo moto rule.

The court had issued the rule earlier following a news item published in a Bangla daily with the headline �Rani Bhabani Mahila College - Borka Na Porle Ashte Mana� meaning the students of Rani Bhabani Women's College without veils are barred from entering the college.

The HC during the day's hearing also directed the authorities to issue notice asking all the educational institutions not to compel the student to wear religious attire.

The court also directed the government to take departmental actions against the principal of Rani Bhabani Mahila College Mozammel Haque, after holding inquiry into the allegations against him.

The news item said the principal of the college in Natore, who joined the college two months ago, has stopped any cultural activities and sports at the college and restricted the entrance of the students (female) without borkha or veil to the college
 
-----Original Message-----
From: amir ali <gulshanali@hotmail.com>
To: alochona@yahoogroups.com
Sent: Fri, Sep 24, 2010 8:39 am
Subject: RE: [ALOCHONA] Burqa can't be forced: High Court

 
To Mr Akbar Hossain,Mr Hossain YOU KNOW VERY WELL AS OTHERS DO what Allah Sw  said
to wear by the ladies/girls.Those who  are like you have depravity in them  pretend not to understand what Allah Sw wants women  to wear. Borka is a name some one designed years ago. If you donot like it ,ok, design another item  that covers Allah's orders and name a  good name and have it wear by your wife and your daughters and sisters. Mohammed Ali
To: alochona@yahoogroups.com
From: turkman@sbcglobal.net
Date: Fri, 24 Sep 2010 04:19:58 +0000
Subject: [ALOCHONA] Burqa can't be forced: High Court

 
And could you please tell us how they remain good Moslim because of Borqa?
.
* All Girls, who do not wear Borqa in Pakistan and other Moslim and Non Moslim Countries wear it so, nobody would see their faces, when they go out to have sex with someone.
* A lot of Moslim Prostitutes in Moslim Countries wear Borqa also.
* In Pakistan, its common that Borqa is worn by a man sitting behind a Motor Cyclist hiding his Sub Machine Gun for Drive by shooting.
* In the West, Moslim Men wear Borqa for hiding their Rifle or Sub Machine Gun, when they go robbing a Bank.
* In Moslim Countries, known wanted Criminals wear Borqa to go through Police Check Posts.
.
Are these the reasons you want every woman to wear Borqa?
.
If not, tell us, where does Allah say in Qoraan to wear a Borqa ...!

--- In alochona@yahoogroups.com, abdeen <abdeenar@...> wrote:
>
> Just as religion is NOT forced upon anyone, so is BURQA, not forced, but should be followed if one wants to remain a good muslim, otherwise the result is obvious.
> There is the freewill, you can do the right thing or the wrong thing and you get the reward or the penalty in equal proportion.
> abdeen
> ----- Original Message -----
> From: Akbar Hussain
> To: alochona group
> Sent: Monday, August 30, 2010 7:53 PM
> Subject: [!! SPAM] RE: [ALOCHONA] Burqa can't be forced: High Court
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> Mo Assghar wrote,
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> `Did not Hindu Hasina learn anything from her Father?'
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> What a solidly stupid comment. Not surprised, we can't expect reason from an ignorant and dogmatic person. He must know that when religion is governed by thugs, civilised nation should regulate and stop them. A 7th century pagan Arab culture can't be a part of any faith.
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> Akbar Hussain
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> ----------------------------------------------------------
> To: alochona@yahoogroups.com
> From: qrahman@...
> Date: Fri, 27 Aug 2010 16:38:27 -0400
> Subject: Re: [ALOCHONA] Burqa can't be forced: High Court
>
>
> I think burqa should not be forced but the new law does not have some "Common sense" exceptions. For Islamic institutions "Islamic" dress should be enforced (That may include Burqa if the local community feels right about it). Albeit there are difference of opinion among scholars if Burqa is mandatory in Islam or not. Most scholars think "Hijab" covers Islamic requirements for women.
>
> While I agree Burqa should not be forced but secularism should not be forced on our people either. Maybe experts should be looking into the verdict more to ensure some "Activist" judges going overboard or not. There are some concerns from liberal groups about civil rights in another ruling regarding Shaheed minar.
>
> Personally I feel that, God created us as "FREE" men and women and gave us freedom to obey or disobey Him. Therefore, we should encourage honest and open discussions/debates about religion. Blaming everything Islamic TODAY for what some Jamaat-e-Islami leaders did 40 years ago does not seem fair or logical to me.
>
> Peace.
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> -----Original Message-----
> From: Mo Assghar <moassghar@...>
> To: alochona@yahoogroups.com
> Sent: Tue, Aug 24, 2010 9:02 am
> Subject: Re: [ALOCHONA] Burqa can't be forced: High Court
>
>
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> But Secularism can be forced? Give me a break!!
>
> Did not hindu hasina learned anything from her Father?
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>
> --- On Mon, 8/23/10, Isha Khan <bdmailer@...> wrote:
>
>
> From: Isha Khan <bdmailer@...>
> Subject: [ALOCHONA] Burqa can't be forced: High Court
> To:
> Date: Monday, August 23, 2010, 2:36 AM
>
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> Burqa can't be forced: High Court
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> The court also ordered relevant officials to explain why forcing girls to wear burqa (veil) and keeping them out of sports and cultural activities were illegal.
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> Dhaka, Aug 22 (bdnews24.com)—The High Court has ruled that no women can be forced to wear burqa at work and educational institutions. In it's ruling The High Court on Sunday in a suo moto order directed the government to ensure that no women were forced to wear veil or religious dress in the educational institutions and offices.
>
> The court also ordered the government to ensure that the cultural activities and sports in the educational institutions are not restricted.The orders came in the wake of a public interest petition filed by Supreme Court lawyers Mahbub Shafi and A K M Hafizul Alam on Sunday. The bench of justices A H M Shamsuddin Chowdhury and Sheikh Mohammad Zakir Hossain also ruled that they cannot be barred from taking to culture and sports
>
> The court also ordered relevant officials to explain why forcing girls to wear burqa (veil) and keeping them out of sports and cultural activities were illegal.
>
> The A Bengali daily news item said that principal of the college in Natore ( Northern Bangladesh ) has stopped any cultural activities and sports at the college and forced female students to wear Borka or veil in the college.The HC also directed principal of the college Mozammel Haque to appear before the HC bench on August 26 to explain the matter.
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> It also issued a rule upon the government to explain why imposition of restriction on cultural activities and sports in the educational institutions and offices and forcing the female students to wear veil should not be declared illegal.
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> Secretaries to the ministries of home, education, social welfare and women affair and principal Mozammel Haque has been made respondent to the rule and orderThe education, home, social welfare, and women and children affairs secretaries and principal of Rani Bhabani Mohila College Mozammel Huq were asked to reply to ruling. Following a brief hearing, the court also asked the principal to appear before it on Aug 26.
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> The lawyers in their petition on Sunday cited a report carried by a Bengali newspaper the same day headlined, 'Burqa mandatory at Rani Bhabani Mohila College'. The lawyers stated such enforcement was discriminatory.
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> http://newsfrombangladesh.net/view.php?hidRecord=332264
>

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