The High Court issued a rule nisi on Sunday, instructing the government to explain why it shouldn't be directed to amend relevant circulars and forms.
The directive aims to permit options for including a legal guardian’s name as an alternative to a father or mother on identity documents, such as birth registration certificates, national identity cards, and passports, without mandating the inclusion of biological parents’ names, according to a press release.
The court also sought an explanation on whether the authorities should be directed to allow the rectification of existing identity documents that use derogatory terms for individuals without known biological parents.
The court further instructed the authorities to report on measures taken within four months, by July 10, 2024, regarding the harmonization of identity documents.
This includes providing options for including a guardian’s name and enabling rectification of identity documents with inaccuracies in legal guardianship status or containing derogatory terms for those without biological parents.
A bench of the High Court Division of the Supreme Court of Bangladesh, comprising Justice Naima Haider and Justice Kazi Zinat Hoque, issued the rule and directions in response to a writ filed by BLAST, Mahila Parishad, and Naripokkho.
The respondents named in the petition include the Ministry of Home Affairs, the Ministry of Local Government and Rural Development, the Department of Immigration and Passports, the Election Commission, and the Office of the Registrar General – Birth and Death Registration, and Local Government Division.
Sara Hossain, senior advocate, represented the petitioners while Deputy Attorney General Amit Das Gupta was present on behalf of the government.
A decree nisi or rule nisi (from Latin nisi “unless”) is a court order that will come into force at a future date unless a particular condition is met.
Background
While the law doesn't mandate the inclusion of a father and mother's names on identity documents, existing forms and applications lack uniformity.
Citizens face challenges in submitting online applications or completing biometric enrolment without the required names.
Changes in the forms are necessary to ensure universal access to these documents, vital for fundamental rights and essential services like health and education.
In a previous ruling on January 24, 2023, in Writ Petition No. 5343 of 2009, filed by BLAST and other petitioners, the same court declared that students taking SSC/HSC examinations can be identified through either their father, mother, or lawful guardian.
The court acknowledged the challenges faced by children of sex workers, street children, children of surrogate mothers and rape survivors, abandoned children, and those born through IVF technology due to their inability to disclose their father’s identity.