The High Court has directed the authorities to keep all government and private lower secondary and secondary schools closed for the entire month of the upcoming holy Ramadan.
On Sunday (February 15), the High Court bench of Justice Fahmida Quader and Justice Md Asif Hasan passed the order following a preliminary hearing on a public interest writ petition.
The court has also issued a rule asking the relevant authorities to explain why the government’s decision to keep schools open during Ramadan should not be declared illegal and unconstitutional.
Background of the Order
The directive follows a petition filed by Supreme Court lawyer Md Elias Ali Mondal. During the hearing, Barrister A.K.M. Faiz, Md Elias Ali Mondal, and Advocate Tanzina Boby Liza represented the petitioner.
Earlier, on January 5, Md Elias Ali Mondal served a legal notice to the secretaries of the Ministry of Education and the Ministry of Primary and Mass Education, calling for the closure. As the notice went unanswered, he moved to the High Court with the writ.
Arguments Presented
The petition raised several key points regarding the government’s previous decision to keep schools open for a portion of the holy month:
- Constitutional and Customary Practice: The petitioner argued that since Bangladesh’s independence, educational institutions have traditionally remained closed during Ramadan. Citing Articles 31 and 152(1) of the Constitution, the notice stated that long-standing customs hold the power of law, making the decision to keep schools open unconstitutional.
- Student Welfare: It was noted that young students often struggle to maintain their fast while commuting and attending classes in the heat, which might discourage them from practicing religious rituals.
- Urban Traffic: The petitioner highlighted that keeping schools open during Ramadan contributes to severe traffic congestion in cities, causing significant public suffering.
Current Status
According to the High Court’s order, schools are expected to remain closed starting from February 18, which marks the beginning of the Ramadan holiday period for secondary institutions under this directive. However, the court clarified that any examinations already scheduled during this period must proceed as planned.
