Let women's parental rights be ensured

In Article 28(2) of our constitution, it is stated, "Women and men shall have equal rights in all spheres of state and public life." However, the reality is that women's rights in terms of prevailing laws, institutional practices, and societal behavior have not been established in the same manner. Though there is no way to deny it, the importance of women, especially in nurturing and raising children, is limitless from childbirth to upbringing. Yet, society often prioritizes the perceived rights of men or fathers, overshadowing the significance of women or mothers.

However, there is hope as per information published in the media yesterday (April 23rd), where it was reported that the High Court issued a rule to determine why mothers are not granted recognition in the realm of parental rights under the Guardianship Act of 1990. Simultaneously, the rule questions why guidelines are not formulated to recognize mothers as guardians under the Guardianship Act of 1990.

The Secretary of the Ministry of Law, the Secretary of the Ministry of Women and Children Affairs, and other relevant authorities including the Law Commission have been directed to respond to this rule within four weeks. A High Court bench, comprising justices Naima Haider and Kazi Jinat Haque, issued the rule in coordination with a preliminary hearing regarding this matter on Monday.

We welcome this decision of the High Court because through this judgment, the rights of women in society have been further established. Moreover, it ensures the educational rights of any child, including those without paternal recognition or born to unmarried parents and sex workers.

At one time, it was mandatory to only mention the father's name as the guardian on student forms. However, in 2000, the rules were changed to make it mandatory to also include the mother's name alongside the father's on educational forms. Despite this, various forms of discrimination persist in society regarding parental guardianship. This discriminatory provision was challenged in 2009 through a writ filed in the High Court.

The High Court had already issued directives through its final verdict in the hearing of that writ, instructing to include the mother's name and the name of the legal guardian alongside the father's name in any government form, including education and passport applications. The government has also implemented these directives. However, various complexities regarding women's parental guardianship persist in society.

So, we want to say that even after more than five decades of independence, the participation of women in all spheres of society has not been adequately ensured, which is unexpected for the country. Although some changes have been observed in certain areas, they are not very remarkable. However, more than half of the population in this country are women. Therefore, as a result of this decision by the High Court, women's rights have become even stronger institutionally. Let such initiatives remain constant to restore women's rights in society.