South Asia State of Minorities Report 2019 The case law that broke the ice In 2003, in the landmark writ petition of Abid Khan and Others vs. Government of Bangladesh and Others [20030 55 DLR (HCD) 318], the Supreme Court delivered a ground-breaking judgment for the Urduspeaking community. Ruling in favour of the petitioners, a group of 10 Urdu-speaking people, eight of whom were born after independence, it ruled that the petitioners were Bangladeshi nationals under the Citizenship Act 1951 and the Bangladesh Citizenship (Temporary Provisions) Order of 1972. Directing the government to register them as voters, the Supreme Court further stated that residents of the camps and settlements had not ‘attained any special status so as to be excluded from the operation of the laws of the land’, and hence ‘mere residence’ in the camps could not be deemed as allegiance to another state. Pursuant to existing domestic legislation, members of the Urdu-speaking community can now apply for a National Identity Card at any time, like any other Bangladeshi citizen. Failure to apply for a National Identity Card does not preclude the application of the Supreme Court ruling, nor entail the loss of citizenship or associated rights. Continued Legal Barriers: The Citizenship Draft Law In light of the May 2008 Supreme Court decision and subsequent implementing measures taken by the Bangladeshi government, the Urdu-speaking community can no longer be viewed as stateless, as they are considered to be nationals of Bangladesh. However, the recent draft Citizenship Bill has again put this community at risk of statelessness through a number of controversial provisions. In February 2016, the Cabinet of the Government of Bangladesh approved the draft text of the Citizenship Bill 2016, with no public consultations around the content prior to its being placed before the Cabinet. One controversial provision, Section 3, runs as follows: ‘Notwithstanding anything contained in any other Act, legal instrument, judgment, decree etc. the provisions of this Act will prevail.’ Apart from potentially undermining the supremacy of the Constitution, this section could override the Supreme Bangladesh Election Commission, Writ Petition No. 10129 of 2007, Bangladesh: Supreme Court, 18 May 2008. 18