Legal notices have been issued to authorities, urging the closure of primary and secondary schools throughout the entire month of Ramadan.
Supreme Court lawyer Md Elias Ali Mondal sent the notice to the secretaries of the Ministry of Primary and Mass Education and the Directorate of Secondary and Higher Education.
In the notice, dispatched by registry mail on Sunday, it is emphasized that 98% of the citizens of Bangladesh are Muslims, and the Constitution (Article 2A) declares Islam as the state religion.
Article 31 stipulates that nothing can be done without law, and Article 152(1) defines law as any custom and practice having the force of law in Bangladesh.
The legal custom and principle since the independence of Bangladesh have been to close educational institutions during the month of Ramadan.
Therefore, the decision to keep primary and secondary schools open during this month is deemed unconstitutional, the notice added.
The notice highlights that a decision by the Ministry of Education on December 11 of the previous year had directed the closure of all educational institutions in the country during the upcoming month of Ramadan. The recent decision to keep primary and secondary educational institutions open during this period is considered discriminatory and contradictory.
Furthermore, it stated that teachers fasting during Ramadan may affect their ability to teach effectively, and students may find it challenging to focus on their studies.
Additionally, parents might face difficulties in taking their children to school while fasting.
The notice requests the instruction not to keep schools open during this period, citing the potential physical and mental stress on children as inhumane.
The decision to keep schools open in Ramadan contradicts Articles 26, 27, 28, 31, and 32 of the Constitution, and the notice calls for the cancellation of this decision.
If the request is not heeded, the notice warns of filing a writ seeking necessary instructions in this regard.