HC order to keep high schools closed during Ramadan stayed

The Chamber Judge of the Appellate Division has stayed the High Court order that directed the closure of government and private lower secondary and secondary schools for the entire month of Ramadan.

Chamber Judge Justice Farah Mahbub of the Appellate Division issued the order on Monday, February 16.

Additional Attorney General Barrister Aneek R Haque represented the state during the hearing, assisted by Assistant Attorney General Maria Tanjimath.

Earlier on Sunday, February 14, the High Court had ordered the closure of government and private lower secondary and secondary schools for the full duration of Ramadan.

The High Court bench comprising Justice Fahmida Quader and Justice Md Asif Hasan issued that order. Lawyer Md Elias Ali Mandal and Advocate Tanzina Boby Liza argued the writ petition in court.

Prior to that, a writ petition was filed with the High Court seeking directives to keep schools closed during Ramadan. Supreme Court lawyer Md Elias Ali Mandal submitted the writ petition to the relevant branch of the High Court. On January 5, the same lawyer had sent a legal notice to the government demanding that schools remain closed during the holy month of Ramadan.

The notice was sent to the Secretary of the Ministry of Education and the Secretary of the Ministry of Primary and Mass Education.

The notice stated that 98 per cent of Bangladesh's citizens are Muslim. Since independence, educational institutions have remained closed during Ramadan—this is established law, custom and policy, and all educational institutions have historically remained closed during Ramadan. Article 31 of the constitution states that nothing can be done without law; according to Article 152(1), law means any custom and practice having the force of law in Bangladesh. Therefore, the government's controversial decision to keep primary and secondary schools open during Ramadan is unconstitutional.

The notice further stated that young children and adolescents in primary and secondary schools, who travel to school and attend classes all day, may face difficulties observing fasting due to exhaustion, risking their distance from the practice of fasting. This becomes an obstacle to religious practice. Additionally, keeping schools open during Ramadan creates severe traffic congestion in cities, causing extreme suffering to urban residents—which is not desirable for anyone. As no response was received to the notice, this writ petition was filed.