Equality and Non-Discrimination
7. In 2008, in the landmark decision of Md. Sadaqat Khan and others v Chief Election
Commissioner (60 DLR), the High Court Division reaffirmed that all members of the Urduspeaking community were nationals of Bangladesh in accordance with its laws. The court
directed the Election Commission to enroll the petitioners and other Urdu-speaking
people in the electoral rolls and give them National Identity Cards without any further
delay.
8. The Election Commission very swiftly issued National Identity Cards to every member of
the Urdu-speaking community who applied and who met the legal and administrative
requirements. The Urdu-speaking community can no longer be viewed as stateless or
refugees, as they are considered to be nationals of Bangladesh. As per Article 6 of the
Constitution they are “Bangalis” or “Bangladeshis” not “Biharis” or “Stranded Pakistanis.”
They are entitled to apply for administrative and judicial remedies in accordance with the
laws of Bangladesh, in the same manner as any other Bangladeshi citizen.
9. The Bihari Urdu-speaking community is Bangladeshi according to the citizenship law as
well as the Constitution of Bangladesh and several court verdicts. Despite this legal
backing, however, the state perpetually violates the fundamental, citizenship and human
rights of the community.
Passports
10. All the Bihari-Urdu Speaking Camp dwellers are citizens of Bangladesh and have
National Identity Cards. However Biharis are citizens without full access to the related
rights and benefits. In June 2013 Council of Minorities and NAMATI jointly started a
community based paralegal project inside the Bihari Camps in several cities across
Bangladesh. At the beginning of our project our paralegals helped the camp dwellers to
apply for birth certificates, national identity cards, passports, and trade licenses.
However, passport applications were rejected by the investigation officers due to the
camp address, which is often how members of the Urdu-speaking community are
identified. Verification officials also informed the paralegals that they have an internal
written letter from the Home Ministry that Rohingya and Biharis are not able to get
passports.
11. On 11 August 2014 we filed a Right to Information petition to the Home Ministry to ask
what policies exist regarding issuing passports to the Bihari camp dwellers. After followup and the involvement of the Information Commission, we received a copy of a 2009
order from the Home Ministry that stated Bihari camp dwellers who have national identity
cards can get passports. After receiving this order, paralegals again assisted community
members in re-submitting the rejected passport applications. Investigation officials visited
applicants in inside the camp and said “you do not have any permanent address, gas,
water and electricity bill so I am not going to write a positive report for you” then our
paralegals showed him the Home Ministry order. As a result two clients residing in Market
Camp (Dhaka) received passports.
12. However, around the same time a client from Geneva camp re-applied for a passport for
the 2nd time and even after showing the Home Ministry order the investigation officer said
“I am not going to issue passport to you because you are living inside the camp and you
do not have any gas, water and electricity bill.” He also mentioned that he had not
received this Home Ministry order directly so the order is not acceptable for him.
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