HC issues rule over obstruction to 3 women’s foreign travel

The High Court has issued a rule seeking to know why the activity of obstructing three women from foreign travel will not be declared beyond lawful authority.

At the same time, the rule has also sought to know why a direction will not be given to the concerned authorities to formulate and issue necessary guidelines not to obstruct adult women citizens from legitimate foreign travel only for being unmarried, travelling without a guardian or on such gender-based considerations.

The High Court bench of Justice KM Kamrul Kader and Justice Fatema Anwar issued this rule on Tuesday (September 29) after taking the preliminary hearing of the writ filed by the three women.

Besides, the court has directed disposal of the written complaint that the writ petitioners had lodged with the additional inspector general of police over the incident of obstruction to foreign travel. It has been asked to dispose of the complaint within seven days and submit a report.

The concerned lawyer said that the three women had lodged a complaint with the additional inspector general of police on August 30 seeking measures against those involved after investigating the reason for obstruction to foreign travel. As they did not get any remedy even after the complaint, they filed a writ in the High Court.

Lawyer Ishrat Hasan conducted the hearing on behalf of the writ. Lawyer Tanzila Rahman assisted her. Additional Attorney General Mohammad Arshadur Rauf and Deputy Attorney General Mohammad Abdus Samad Azad were present on behalf of the state.

Lawyer Ishrat Hasan said that the writ petitioners are adults and despite having valid passports, visas or entry permissions and air tickets, they were obstructed from foreign travel. They were asked whether the people at home knew and were also told to call home. She said that questions were also asked regarding the fact that they are unmarried and travelling by themselves.

According to the lawyer, such behaviour raises questions of equality and anti-gender discrimination guarantees under Articles 27 and 28 of the Constitution, protection of law and personal liberty under Articles 31 and 32, and freedom of movement under Article 36.

Ishrat Hasan further said that the court has directed the immigration authorities not to obstruct the writ petitioners from subsequent foreign travel if they have valid documents.

According to the writ petitioners, there was no court injunction or any other legal barrier to their foreign travel. They alleged that despite having the necessary valid documents, they were not allowed to go abroad from the airport.

They further claimed that whether an adult woman is unmarried or whether her parents or guardian are with her cannot be an independent legal basis for controlling any citizen’s legitimate foreign travel.