HC orders closure of lower secondary, secondary schools during Ramadan
The court, however, directed that any examinations scheduled during Ramadan must proceed as planned.
The High Court today (15 February) directed the government to keep all government and non-government lower secondary and secondary schools closed throughout the month of Ramadan.
After hearing a writ petition, the High Court bench of Justice Fahmida Quader and Justice Md Asif Hasan passed the order, confirmed the petitioner's lawyer Advocate Md Ilias Ali Mandal.
The court, however, directed that any examinations scheduled during Ramadan must proceed as planned, Advocate Ilias said.
Earlier, a writ petition had been filed with the High Court seeking directives to keep schools closed during the holy month of Ramadan. Advocate Ilias filed the writ with the relevant branch of the High Court.
On 5 January, he had served a legal notice to the government, seeking closure of schools during Ramadan.
The notice was sent to the secretaries of the Ministry of Education and the Ministry of Primary and Mass Education.
The notice stated that 98% of Bangladesh's citizens are Muslims. Since independence, educational institutions have remained closed during Ramadan, which, the notice argued, constitutes law, practice and policy, and thus all institutions should remain closed during the month.
It further cited Article 31 of the Constitution, which states that nothing can be done without the authority of law, and Article 152(1), which defines law as including any custom or usage having the force of law in Bangladesh.
Therefore, the government's alleged decision to keep primary and secondary schools open during Ramadan was termed unconstitutional, as per the notice.
The notice also stated that young students attend school and remain engaged in classes throughout the day, which can cause fatigue and make it difficult for them to observe fasting, potentially discouraging them from practising the religious obligation.
Additionally, it argued that keeping schools open during Ramadan would worsen traffic congestion in cities, causing severe hardship for urban residents. As no response was received to the notice, the writ petition was filed.
