Anti-discrimination act being drafted

The law ministry has started drafting an anti-discrimination law in order to protect the rights and ensure benefits of underprivileged people.

Law Minister Anisul Huq on Tuesday told The Daily Star that, “The drafting wing of the law ministry is now working for formulating the anti-discrimination law in line with the suggestions from the Law Commission.”

A law ministry official told this correspondent that the process for formulating the anti-discrimination law is now at the initial stage and it cannot be said specifically how much time it will take.

After the ministry finalises the draft, the ministry will place it before the cabinet for approval. If the cabinet approves, then a bill on the law will be placed in the House for its passage, he added.

The Law Commission sent a report to the law ministry on April 29, 2014 suggesting making the law titled “Anti-discrimination Act, 2014” incorporating a rule of 10 years' imprisonment or a fine of Tk 10 lakh as the highest punishment for committing discriminations.

It said there are around 70 lakh underprivileged people such as hijras (hermaphrodites), sweepers, tea-gardeners, doms (morgue assistants), sex-workers, barbers, washer-men, cleaners, indigenous community, mentally disabled people and Dalit community.         

Though those people are engaged in some very necessary professions, they become victims of multiple discriminations and adverse behaviours, the three-member Law Commission led by former chief justice ABM Khairul Haque said.

The commission said those underprivileged people cannot enjoy their rights due to various social, religious, financial, historical, educational and cultural reasons among others.

The marginalised people are deprived of equal rights due to the absence of an appropriate law, although the constitution has guaranteed equal rights of all citizens, it said.

The commission proposed for setting up an “anti-discrimination court” headed by a district and sessions judge in every district to deal with the case filed under the proposed law.

The court will complete the trial of a case in 60 working days after framing of charges, according to the commission.

It suggested that the court can sentence any person or representatives of an organisation up to two months' imprisonment or fine Tk 5,000 for violating its order and it can order the authorities to take departmental action against any public servant who will violate the court's directives.

The commission recommended incorporating a rule for filing an appeal by a convict with the High Court against the conviction in 60 days after the court delivers the verdict.