The High Court on Monday issued a rule asking the government to explain why its failure to regulate recruitment practices that discriminate on the grounds of gender and religion should not be declared unlawful and in violation of the petitioner’s constitutionally guaranteed fundamental rights, and why it should not be directed to ensure that all public and private workplaces adopt non-discriminatory recruitment guidelines.
The writ was filed by advocate Anamika Nahrin following the publication of a job circular dated 26 January 2026 by IBN SINA Pharmaceutical Industry PLC for the post of Executive/Senior Executive (Legal Affairs), which restricted applications to “male” and “practising Muslim” candidates only.
The court also issued interim directions to the government to inquire into the impugned circular and take appropriate regulatory, administrative or legal measures to ensure the withdrawal of the discriminatory conditions and to prevent similar practices in future, to formulate and enforce guidelines or mechanisms to ensure non-discrimination in recruitment, and to submit a report to the court within three months on the steps taken.
In the petition, the petitioner contended that excluding candidates solely on the basis of gender and religion for a position involving legal and compliance functions is arbitrary, unreasonable and unrelated to the nature of the post.
The petition further stated that such practices are inconsistent with the guarantees under Articles 27, 28, 31 and 40 of the Constitution, the principles of non-discrimination under the Bangladesh Labour Act, 2006, and Bangladesh’s obligations under international law, including the ICCPR, the ICESCR and the Convention on the Elimination of All Forms of Discrimination against Women.
The respondents include the secretaries of the ministries of Labour and Employment; Health and Family Welfare (Health Services Division); Industries; Law, Justice and Parliamentary Affairs; and Women and Children Affairs, as well as the director general of the Directorate General of Drug Administration, the executive director of the Bangladesh Investment Development Authority, and the chairperson of the National Human Rights Commission Bangladesh.
The rule and directions were issued by a High Court Division bench comprising Justice Ahmed Sohel and Justice Fatema Anwar.
Senior advocates Sara Hossain and Dr Sharif Bhuiyan, along with advocates Karishma Jahan and Priya Ahsan Chowdhury, appeared for the petitioner.
