The High Court on Sunday issued a rule asking the government to explain why the authorities should not be directed to enact a policy to ensure the physical and mental development of a 10-month-old child forced to pass her days on death row in a Habiganj prison following the conviction of her mother in a murder case.
The bench of Justice Naima Haider and Justice Kazi Zinat Hoque issued the rule after hearing a writ petition.
The court also asked the inspector general of prisons and Habiganj jail authorities to submit a report on the child after an investigation by January 18.
Secretaries of the Security Services Division of the Home Ministry, Law Ministry, Women and Child Affairs Ministry, and the inspector general of prisons were made respondents to the rule.
The court also fixed January 21 for the next hearing.
By law, all prisoners with a death sentence hanging over them are transferred to a condemned cell.
On November 30, a report titled “How is 10-month-old Mahida at the condemned cell?” was published in a daily.
According to the report, Mahida is staying with her mother in a condemned cell in a case under the Habiganj Women and Children Repression Prevention Tribunal.
Tanvir Ahmed, a lawyer of the Supreme Court, drew the attention of the court after attaching the report. He also submitted a writ petition seeking directives to ensure adequate food, healthy environment and other basic requirements of the child on December 14.
Deputy Attorney General Amit Das Gupta represented the state.
On October 26, Habiganj Women and Children Repression Prevention Tribunal Judge Court 2 convicted five individuals and sentenced them to death.
One of them, Husna Akter, was present with her 10-month-old child Mahida in the dock.
According to the report, there is no safe drinking water in the condemned cell, and pure drinking water is only available in a small bucket which is not sufficient.
A death-row convict was served food like a convict who was awarded life imprisonment, in the condemned cell, said the report.
Jail authorities allow her out of the cell for one and a half hours every day, when the convict, Husna, along with her child can walk freely on the 6 by 10 feet balcony at the front of her cell.
There are two cells for female convicts in Habiganj jail.