On April 22 actress Azmeri Haque Badhon became the first mother in the history of Bangladesh to gain full custody of her child. No woman before her has gained the full guardianship of a child.
On this day, the High Court has ordered the formation of a committee, the first and only mother in the history of Bangladesh, to formulate policies for determining the guardianship of minors with the relevant experts.
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 passed the order along with the ruling on Monday.
Under Section 19(b) of the Guardian and Guardianship Act, 1890, no one else can be the guardian of a minor 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 told reporters in the court premises, "This is a very big achievement. In Bangladesh, although women receive custody of children, no one is granted guardianship except in one case. Our actress Azmeri Haque Bandhon 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. Six years ago, on April 30, 2018, Dhaka 12th Assistant Judge and Family Court Judge Israt Jahan granted custody of only daughter Michelle Amani Saira to Bandhon.
“I don't want my achievement to be only mine, I want every woman in Bangladesh to have the right to her child,” Bandhon said. “When the judgment came in my favour, I did not understand its importance so much. I wanted to keep my child close, since I was the sole breadwinner, why can't I be her guardian? The child's father has never fulfilled any responsibility. It couldn't even be proved it in court, I was given guardianship for that.”
Bandhon is well-versed in guardianship laws, as she fought a long battle for this right. About this law, she said, "Lawyer Sara Hossain pointed out that 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 grandfathers or even the uncles get guardianship. Mother's name comes much later. That's why I had an exceptional judgment. 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 when it comes to guardianship. Many amendments are needed in these places.
Saira is now a class five student. She is always around her mother. Mother and daughter often travel abroad together. Bandhon makes her work schedule around her daughter.
Bandhon said, "My daughter knows is that her mother fought to keep her close and won. She also knows that her mother has stood against society and the law to keep her close. Her mother is a fighter, she understands that now. When the teachers, everyone around say this in front of her, she realizes what her mother has done for her.”