Discrimination to stay if legal flaws stand out

Although the proposed "Anti-Discrimination Bill" is well intended, it will not be effective due to some flawed provisions, say human rights activists.

The bill needs to be examined thoroughly to identify the flaws and to amend them, activists said at a press conference organised by the Citizen's Platform for SDGs, Bangladesh on Sunday.

"If I am a victim of discrimination, it is my fundamental right as a citizen to seek legal remedy. However, the proposed bill does not allow a victim to directly seek legal recourse. A bureaucratic ploy of a discrimination overseeing committee has been left in the middle," economist Debapriya Bhattacharya, the convener of the citizen's platform said.

After the bill was tabled in the parliament on 5 April, it was sent to the Parliamentary Standing Committee on the Ministry of Law, Justice and Parliamentary Affairs for scrutiny.

He said the proposed law stipulates that in the event of any discriminatory act, the victim or any person or organisation fully aware of the incident can lodge a written complaint with the concerned district committee. The district committee will investigate the incident within 30 days. If the complaint is proved true, a remedy will be offered after discussing with the accused.  

If the district committee cannot provide a solution, the complaint can be forwarded to the divisional committee. If the divisional committee fails to offer remedy after a 30-day investigation, the complainant can reach out to the national committee, which will have 45 days to address the matter. If the national committee fails, a case can be filed in court.

Debapriya said the provision makes getting the redress a lengthy process and there is scope for harassment.   

"We expected this law, which came after so many years, to be drafted better. There are a number of flaws that could make the law completely ineffective. We hope these flaws are addressed and amended," he added.

Constitutional expert Shahdeen Malik said, "It would be better if the provision was to go to court directly without such a fuss."

Barrister Sara Hossain said the proposed law did not specify any punishments for acts of discrimination against persons belonging to lower castes, ethnic minorities, persons with disabilities and third gender persons, rendering it incomplete.

"Also, the definitions for those who possibly engage in acts of discrimination should be further widened," she added.

Shaheen Anam, executive director of Manusher Jonno Foundation, presided over the press conference at the capital's BRAC Inn Centre.

Iftekharuzzaman, executive director of Transparency International Bangladesh (TIB), Zakir Hossain, chief executive, Nagorik Uddyog (Citizen's Initiative), and Professor Faustina Pereira, senior fellow, Center for Peace and Justice, attended the event among others.