Bandhan made history as “Mother” in the court verdict

Once again the name of actress Ajmeri Haque Bandhan was proudly announced in the court premises. BangladeshShe is the only mother in history to have sole custody of her child. No woman before or after him ever held guardianship of a child. The incident occurred on Monday (April 22).

On this day, the Supreme Court ordered the formation of a committee of concerned experts to formulate guidelines for determining the guardianship of minor children.

The Ministry of Women and Children Affairs and the National Human Rights Commission have been directed to submit the policy to the committee by August 4. A double bench of the Supreme Court comprising Justice Naima Haider and Justice Qazi Zeenat Haque passed the order along with the judgment on Monday. As per Section 19(b) of the Guardian and Guardianship Act, 1890, no one else can be the guardian of a minor child while the father is alive.

Since this section of the Act is inconsistent with the fundamental rights recognized in the Constitution, the Supreme Court wanted to know why it should not be inconsistent with Articles 26, 27 and 28 of the Constitution. Afterward, lawyer Sara Hossain told reporters at the courthouses: “It’s a very big achievement.” BangladeshAnd although women are given custody of the children, guardianship is not given to anyone except in one case. Our actress Ajmeri Haque Bandhan has got the custody of her child.

Apart from this, there is no other example of women being given guardianship of children in the history of Bangladesh.”

Actress Rehana Maryam Noor is very excited after the Supreme Court verdict. Six years ago today (April 30, 2018), Dhaka’s 12th deputy judge and family judge Israt Jahan Bandhan gave custody of his only daughter Michelle Amani Saira. He told Kal Kantha, “The process of amending the law has begun, it is the most gratifying one.” Kudos to those who have appealed.

“I don’t want my achievement to be just mine, I want all girls in Bangladesh to have the right to their children.”

Bandhan fulfilled the girl's wish
Bond with daughter Saira

Bandhan was not fully aware of the implications of the verdict when he was given custody of daughter Saira six years ago. Over time he realized the importance of this judgment. He said: “When the verdict went in my favor, I didn’t understand its significance so much. “I wanted to keep the child close to me, since I was the sole breadwinner, why can’t I be his guardian? The child’s father never fulfilled his responsibilities. I couldn’t even prove it in court, but I was given guardianship.”

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Bandhan is well versed in guardianship laws, having fought a long battle for this right. Regarding this law, he said, “However, she (lawyer Sara Hussain) mentioned that normally the mother is given custody, which is called physical responsibility.” No guardianship is given to the mother during the life of the father. If the father doesn’t get this, the grandparents or even the grandparents get guardianship. The mother’s name comes much later. That’s why I had an extraordinary judgment. There is a loophole in our existing law, the mother can be given guardianship, but the conditions to be met are very difficult. Custody and guardianship are not the same thing. Parenting is a completely different matter. In our law, the father is the natural guardian and the mother plays no role at all in the question of guardianship. A lot of changes are needed in these areas.”

Saira is now a fifth grade student. He is always near his mother. Mother and daughter often travel abroad together. Bandhan centered his work schedule around his daughter. The girl is now growing up, does she have any idea about her mother’s achievement? Bandhan said, “He understands.” But he doesn’t think that much. All he knows is that his mother fought to keep him close and won. He also knows that his mother went against society and the law to keep him close. His mother is a fighter, he understands that now. When the teachers, everyone around him, say this in front of him, he realizes what his mother has done for him. But the meaning of the matter is very difficult for him to understand. He doesn’t have that power yet.’

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