Once again the name of actress Ajmeri Haque Bandhan was proudly pronounced in the court premises. She is the only mother in the history of Bangladesh who got full custody of her child. Before and after bandh no woman has yet got custody of the child.
Last Monday (April 22), the High Court ordered the formation of a committee consisting of relevant experts to formulate policies for determining the guardianship of minor children.
The Ministry of Women and Child Affairs and the National Human Rights Commission have been directed to submit the policy to the committee by August 4. A dual High Court bench of Justice Naima Haider and Justice Kazi Zeenat Haque gave this order along with its ruling on Monday (April 22).
Under Section 19(b) of the Guardian and Guardianship Act, 1890, no one else can be the guardian of a minor child while the father is alive.
As this section of the Act is inconsistent with the fundamental rights recognized by the Constitution, the High Court has sought to know why it should not be declared in conflict with Articles 26, 27 and 28 of the Constitution. After that, lawyer Sara Hossain spoke to reporters in the court premises.
He said, ‘It is a very big achievement. In Bangladesh, although women receive custody of children, no one is granted guardianship except in one case. Our actress Ajmeri Haque Bandhan got custody of her child. Apart from this, there is no other example in the history of Bangladesh that women are getting guardianship of children.’
Actress Rehana Maryam Noor is very excited after the High Court’s ruling. Six years ago today (April 30, 2018), Dhaka’s twelfth assistant judge and family court judge Israt Jahan granted custody of only daughter Michelle Amani Saira to Bandhan.
Bandhan said, ‘a process of changing the law has started, it is the most happy. Kudos to those who appealed. I don’t want my achievement to be only mine, I want all the girls of Bangladesh to have the right to their children.’
However, Bandhan did not fully understand the significance of the verdict when he was granted custody of daughter Saira six years ago. He realized the importance of this judgment with time.
Bandhan said, ‘When the judgment came in my favor, I did not understand its importance so much. Wanted to keep the child close, since I was the sole breadwinner, why can’t I be his guardian! The child’s father never fulfilled any responsibility. Couldn’t even prove it in court, I was given guardianship for that.’
He fought a long battle with the guardianship law. He has gained long experience by fighting for rights. About this law he said, ‘She (lawyer Sara Hussain) but mentioned, usually the mother is given custody, which is called physical responsibility. Mother is not given guardianship while father is alive. If the father does not get it, the grandparents or even the grandparents get guardianship. Mother’s name comes much later. That’s why I had an exceptional judgment. But there is a loop hole in our existing law, the mother can be given guardianship, but the conditions to be fulfilled are very difficult. Custody and guardianship are not the same. Parenting is a whole different matter. In our law the father is the natural guardian, the mother does not even remotely exist in the question of guardianship. Many amendments are needed in these places.’
Saira, a class five student, is always around her mother. Mother and daughter often travel abroad together. Bandhan made his work schedule around his daughter. The daughter is now growing up, does she have any idea about this achievement of the mother? Bandhan said, ‘He understands.
But he doesn’t think so much. All he knows is that his mother fought to keep him close and won. He also knows that his mother has stood against society and the law to keep him close. His mother is a fighter, he understands that now. When the teachers, everyone around say this in front of him, he realizes what his mother has done for him. But the importance of the matter is very difficult for him to understand. He does not have that power yet.’
