Rights activists and community leaders have observed that day to day discriminatory behaviours cannot be diminished from the society without criminalizing such acts.
They think that the lack of legal punishment in the proposed anti-discrimination law will obstruct the main objective of the law, because the existing process of discriminated people getting justice is complicated and time-consuming.
The draft laws prepared by civil society, the Law Commission and the National Human Rights Commission (NHRC) identified discriminatory acts as an offence and proposed compensation for the victims. But the bill, tabled in Parliament on April 5, does not contain such provisions.
Legal practitioners, NGO workers, civil society representatives made the observations at a webinar held on Sunday. Chairman of the Parliamentary Standing Committee on the Ministry of Law, Justice and Parliamentary Affairs Shahiduzzaman Sarker attended the event, organised by Manusher Jonyo Foundation (MJF), as the chief guest.
The lawmaker asked the organizers to send the recommendations to the parliamentary body, so that he could discuss the matters with the minister.
The draft law clearly states that in no circumstance a person could be discriminated against. However, the speakers noted that, some of the components should have been clearly explained; for example, definitions of transgender, bede, dalit and horijon people.
On behalf of the marginalized communities, Milon Biswas spoke on children’s education.
It is proposed in the draft law that, without appropriate reasons, no child will be stopped from admission to educational institutions, without appropriate reasons, if they fail to give the identity of father or mother.
“If the appropriate reasons are not clarified, the children of the marginalized communities will never get an equal opportunity in education," he said.
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MJF Executive Director Shahin Anam said the law would be of no use if the people's mentalities and perspectives could not be changed. “Mutual respect and social harmony can play a key role in this regard,” she said.
"People’s trust in law should be restored by ensuring justice of the marginalized communities. Our aim is to empower the people through this law as much as possible. If the victims cannot go to court for justice, then we doubt the effectiveness of this law in ensuring justice for the poor and disadvantaged people. This is a big obstacle in seeking shelter under this law," she observed.
According to SDG Platform Convenor and CPD’s Distinguished Fellow Debapriya Bhattacharya, a law can only be effective when political will is visible, and the administration is skilled and the whole thing is monitored by the citizens.
Chakma Circle Chief Raja Devasish urged the policymakers to incorporate international agreements in the law.
He demanded that sections 107 and 111 of the “International Labour Law Convention”, in which the rights of the indigenous peoples are mentioned, be included in the proposed law.
Parliamentary Standing Committee Member Barrister Shamim Haider Patwary said: "The draft law seems a bit unprofessional to me. I am skeptical regarding the monitoring commission as well, because the representation of all walks of people has not been ensured.
“Besides, there is no inter-ministerial coordination. This is a structural error. So, marginalized community people will have to run to and fro for justice."
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Sanjeeb Drong, the general secretary of Bangladesh Indigenous Peoples' Forum, stressed the need for proper monitoring to make the law effective.
Nagorik Uddyog Executive Head Zakir Hossen noted that the first draft of the proposed law aimed at ending discrimination. “But now it says ‘anti-discrimination law’. This definition needs to be made clear.”
On the other hand, Sex Workers Network says that their children do not get the opportunity to study in the mainstream schools due to their mothers' profession. The sex workers also do not have any representation at the policymaking level.
The same complaint came from transgender communities. They have not been able to cast their votes in elections though two years have passed since their enlistment as voters.
On behalf of Bangladesh Legal Aid Services Trust (BLAST), its Honorary Executive Director Barrister Sara Hossain mentioned the existing discrimination against marginalized people in availing different services including medical support, education and job opportunity.
So the definition of discrimination must be widened and further research needed to be conducted to identify the root causes of such behaviour, she added.
Research Initiative of Bangladesh Executive Director Meghna Guhathakurta echoed Barrister Sara to call for expanding the periphery of this law.
MJF says they have been involved with the formulation of the draft law since 2008 together with Research Initiative Bangladesh, Nagorik Uddyog, Bangladesh Horijon Oikya Parishad, Adivasi Forum, and BLAST, and 15 other groups of marginalized communities.