Why policy shouldn’t be enacted for children living in condemned cells with mothers, HC asks
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The High Court on Sunday issued a rule asking the concerned bodies of the government to explain as to why the respondents should not be directed to enact a rule or policy or regulation for the children living in a condemned cell with their mothers to ensure their proper physical and mental development.
The High Court bench of Justice Naima Haider and Justice Kazi Zinat Hoque passed the order after hearing a writ petition.
Recently a report was published in a daily under the title "How is 10-month-old Mahida in the condemned cell?” As per the report, a 10-month-old child Mahida is passing days in the death cell with her mother, after the mother received death sentence by a Women and Children Repression Prevention Tribunal in Habiganj in a case.
Annexing the published report, Supreme Court lawyer Tanvir Ahmed on December 14 filed a writ petition with the High Court seeking its directive upon the respondents to provide immediate adequate food, healthy environment and other necessary fundamental needs to victim Mahida who is living in a condemned cell with her mother at Habiganj district jail.
Tanvir Ahmed himself argued for his petition, while Deputy Attorney General Amit Das Gupta represented the state.
Later, Mr Tanvir Ahmed said the HC also asked the Inspector General of Prisons and Hobiganj jail authorities to submit a report with the court on January 18 after investigating the condition of the child who is living with its mother in the condemned cell. The court also fixed January 21 for passing further order on the issue.
In the rule, the HC also wanted to know as to why the inaction and apathy of the concerned authorities not to take necessary steps to ensure adequate food, healthy environment and other necessary fundamental needs for the proper physical and mental development of a child living in a condemned cell with her mother shall not be declared illegal.
Secretary of the Security Services Division of the Home Ministry, Law Secretary, Women and Children Affairs Secretary, Inspector General of Prisons and other respondents have been asked to comply with the rule.
The report said, judge of the tribunal on October 26 last issued death sentence for all the five accused, including the mother of the child, in the case. 10-month-old Mahida came to the court with her mother on the day of the verdict. After the verdict was announced, Mahida was also placed in the condemned cell of Habiganj jail with her mother.