Lawyers, civil society ask for making discrimination 'punishable offence'

Highlights 

• Anti-discrimination Bill was placed in the parliament in April this year 
• It was then sent to the parliamentary standing committee on law ministry for vetting 
• In the draft law, civil society, Law Commission and National Human Rights Commission made discrimination a punishable offence
• Proposed bill omits the provision of punishment 

Lawyers and representatives of civil society have demanded that discrimination be included as a punishable offence in the Anti-discrimination Bill to prevent all sorts of discrimination in the country.

While expressing views in a dialogue on Wednesday, they said if any law does not contain criminal provision for an offence, it is not actually a law and there is a chance for its misuse.

Manusher Jonno Foundation (MJF), Dhaka International University, Bangladesh Legal Aid and Services Trust (BLAST) and Nagorik Uddyog jointly arranged the dialogue to put forward a demand for inclusion and changing some provisions in the draft law, after reviewing the progress of the proposed bill.

Discussants in the dialogue said the proposed law does not mention provision of punishment for discriminatory acts, which would impede the ultimate goal of the Act.

The Anti-discrimination Bill 2022 was placed in the parliament in April this year and sent to the parliamentary standing committee on the law ministry for further examination. 

In the draft Anti-Discrimination Law, the Civil Society, Law Commission and National Human Rights Commission made discrimination a punishable offence and provided for compensation to the victim. But the proposed bill omits the provision of punishment. 

Discussants said there is a need for more specific clarification on some issues although the proposed law clearly states that no one can be discriminated against directly or indirectly under any pretext.

Debapriya Bhattacharya, convenor of the SDG Platform, said, "The law moves at its own pace. But laws only work when political will is visible, there is an efficient administration and active monitoring by citizens."

The list of discrimination in the law should be expanded and comprehensive, he opined.

Zakir Hossain, executive head of Nagorik Uddyog, said, "The proposed law that was first drafted contained the word "elimination of discrimination". It is now called "the anti-discrimination law", so the definition of law needs to be clear.

MJF executive director Shaheen Anam said, "If there is no change in people's mentality and attitude, even making laws will not be of any use. Mutual respect and social harmony are most needed to eliminate the discrimination."

Standing Committee on Ministry of Law, Justice and Parliamentary Affairs member Shameem Haider Patwary agreed with their demands and assured them of taking necessary steps for the inclusion of the reasonable demands in the law.