More nation-state woes. Right: so discrimination against women is rampant in Bangladesh, as in other parts of the world. But I was really shocked when i found out recently about some pretty fundamental discrimination: citizenship laws and how they affect women. That seems to me rather critical. Okay so basically I”m a Bangladeshi citizen –> I hold a Bangladeshi passport. Now if a Bangladeshi man marries someone who isn”t a Bangladeshi citizen, fine no problemo mrs. x can become a bangladeshi citizen if she wants to, and basically has the ability to get a “Visa Exemption” stamp in her passport on proving that she”s married to some Bangladeshi bloke. Same with kids of aforementioned bangladeshi bloke - they”re entitled to nationality of their father - if they so choose - and if they don”t get themselves a Bangladeshi passport, they can still get themselves the “Visa Exemption” thingie in their (say) British passport.
Right : so what”s the problem here? Men are able to transmit their nationality - and effectively - rights to visiting their country - to their spouse and children. Fine. You wouldn”t expect any less. But is the same right extended to women? OH NO!
No it isn”t. If you are a Bangladeshi WOMAN married to some one who isn”t a BANGLADESHI citizen already - forget about the right to transmit your nationality along. You haven”t the right. TO your own children. If your child is born in Bangladesh - i guess that”s a different story. ( But i”m not sure of the detail - it generally seems to all rest upon who the father is. Such a paternalistic system)
But the fact remains, as a Bangladeshi citizen who lives somewhere else, if you”re a man, you can sort your wife and children out, but if you”re a woman, they don”t recognize your right to bring your children into the country, and your husband. they have to apply for visas like any tom dick and harry. so okay they might not mind, and as some folks have said, a bangladeshi passport isn”t something that everyone wants to have. Ha - you don”t say! 
but that” ain”t the point. The point is that as a Bangladeshi woman, i am very annoyed with my government for thinking they can coolly make such statements and not piss me off. It”s my right to transmit my nationality to my child if i have one. Certainly, it”s discrimination in any case. I”m frightfully annoyed by this.
Patriarchy indeed.
Check out the guidelines for “Visa Exemption” published by the Bangladeshi High Commission, U.K. I have to do my research to check up what the actual laws surrounding citizenship are in Bangladesh - i”ve heard the mention of the Citizenship Act of 1951 back in the East Pakistani days - which may not have been amended since - who knows - either which way, watch this space for more information.
UPDATE:
The Convention on the Elimination of all Forms of Discrimination against Women (the CEDAW Convention) is a human rights treaty for women. The UN General Assembly adopted the CEDAW Convention on 19th December 1979. It came into force as a treaty on 3rd September 1981 -CEDAW is one of the most highly ratified international human rights conventions.
I’ve found a statement by one Hameeda Hossain, To the Committee on the Elimination of all forms of Discrimination Against Women, On the Fifth Periodic Report of the Government of the People’s Republic of Bangladesh at the 31st CEDAW Session, New York, in 2004 - as follows:
“..I would like to raise four critical areas of systemic discrimination against women:..â€
And the second item on the list was:
†Citizenship Rights: Our second concern is that two outdated laws: The Bangladesh Citizenship Act, 1951 and The Bangladesh Citizenship (Temporary Provisions) Order 1972, deprive women of equal rights in citizenship. The prescription that the right of citizenship be passed on to children from “father and grandfather†is clearly inconsistent with constitutional guarantees of equality in Article 28(1 & 2). Although Article 6 of the Constitution states that citizenship will be determined and regulated by law, but its intention cannot be to create different classes of citizenship. These laws are also inconsistent with Bangladesh’s ratification of Article 9 of CEDAW. The government in its answer to question no 34 of the Committee has stated that the matter was discussed in the meeting of the National Council of Women in September 1992, but a decision was not taken. It is our submission that the amendment required is a minor one of language and not of principles or policy and the Ministry of Law, Justice and Parliamentary Affairs could, therefore, be tasked, to draft the amendments for adoption by Parliament, within a stated time period. We would further submit that both section 5 of the Bangladesh Citizenship Act 1951 and Bangladesh Citizenship Act (Temporary Provisions) Order of 1972 be amended to remedy discrimination with regard to citizenship.
Good point Sonia. I am searching more info on the topic. This is something to fight for.
Thanks for your comment Rezwan.
I did not know this. Good that you brought this to our attention. I have a copy of the constiution and some lawyer freinds, I’ll check this out.
If this is bad, wait till you see some of the Hudood Shariah Laws in Pakistan. It’ll make your head spin.
Thanks Salam Dhaka - that would be great. It would be useful to find out what’s happening since Hameeda Hossain made her statement in 2004.
Your support much appreciated!
* yes i can imagine those Shariah Laws you refer to..** shudder..
Yes how sad and true this is. My wife is Bangali and I have been to Bng about 7 times now each time having to use a tourist VISA. As for my daughter they gave her a no visa required stamp.
As for the previous comments on sharia law, there is no VISA system for muslims to go from one place to another. This earth belongs to Allah, so how can we place inhabilitating restrictions like VISA’s for people such as myself who wish to visit their wife’s family.
If this law has changed, please inform me at mrdaryljones@yahoo.com Thx
If this is the case then don’t marry a foreigner. If you do, then obey the law and STOP wining about it. If you can’t handle the law of the land, then do a BIG favor to Bangladesh, GO TO SOMEWHERE ELSE. There are already too many people in Bangladesh and the country will celebrate loosing a person like you in every respect!
what a strange comment, totally missing the point - it hasn’t got anything to do with ‘marriage’ obviously, but the concept of ‘bloodlines’. obviously someone can have a child without being married to anyone duh! now are you going to say if you dont have a child with a bengali man that child should have no right to citizenship? well you may think so, but the whole bloody point is that it doesn’t matter who the goddamn father is. men like you ought to be ashamed of yourself, its you lot we can do without. And im not in bangladesh, that’s part of the point, you silly thing.
Yes its very shocking to t know as far as i thought by constitution all bangladeshi women has equal rights to men , so if bangladeshi government followes that its contradictory to the constitutional law. if the law makers has ignored it intentially or carelessly then they must fix it up.i do hope that that necessary steps must be taken to sort out all the contradiction of laws that implies discrimination to woman of Bangladesh.
Thanks.
APPEAL FOR JUSTICE TO SAVE FROM OPPRESSIVE LAWS
Dear Sir
From 1972 after independent ,Bangladeshi Nationals started to Established Industries investing family resources ,adopting innovative technology as SELF EARNER & to create job for million of unemployed & to achieve economic freedom when everything were damaged and leftover .
Government also start helping these fast growing PRIVATE SECTOR INDUSTRIES with fund received from International Grant / Loan giving Agencies and stated to distributed through different Bank. From 1979 to1980 period..
But unfortunately Owner of Industries becomes victims of deep rooted conspiracy & Anti Propaganda .. The Bank Official refrain themselves from ascertaining production capacity of imported machineries and to provide required working capital loan in time extending total non-cooperation, negligence or even were reluctant to receive back their loan money if any Industrial Owner decided to pay back the loan for non-banking activities These have been done willingly to Jeopardize the Government Decision & Policy of Privatizations as well to occupy the mortgaged properties of the Owner of The Industries
In this way Hundreds & Thousand of Industries in Bangladesh have been destroyed by Bank Officials & Policy Maker who are not aware of First Changing Technology of the World even .
Due to Such Conspiracy , Negligence’s , Fraudulent Activities including Non - Banking Activities of Bank Official & Policy Maker, most of the these Industries have became in-operative or closed & have lost their Cash Capital, Expatriate Capabilities. And became helpless victims of such deep rooted conspiracy. Having no Legal Protections and remedies throwing large number of WORKER & STAFFS - JOBLESS who were engaged in these Industries for their livelihood.
In 1992 &1996 the Sick Industries Rehabilitation Cell were formed by GOVERNMENT OF BANGLADESH & have Identified and Registered these Industries as SICK INDUSTRIES declaring not as defaulter but victims of Violation of Contract, Negligence, Fraudulent Activities, Malpractices of Bank Officials including Policy Maker. And due to lack of Accountability at most of the organization of Bangladesh which are no more hidden matter .
THE OWNER OF THE INDUSTRIES OF BANGLADESH ARE LOOKING VERY DESPERATELY FOR JUSTICE BUT THE DOOR OF JUSTICE ARE CLOSED FOR UNKNOWN REASONS.
The owner of Industries of Bangladesh are deprived of Legal Right due to enactment ARTHA RIN ACT ACT ( Money Landing Act ) on 1989 which were amended several time till 2007 and Bankruptcy Act on 1997 treating the OWNERS OF INDUSTRIES SECTOR as like as SLAVE of Primitive Age.
But these laws are not applicable in Nationalized Sector where Billions of Dollars are invested t an unaccounted till today .
Total outstanding Defaulted Bank Loan are about 60 to 70 % lying with Government Sector / Nationalized Concern
And less then 10 % Bank loan are lying with Small & Medium Size Industries of Private Sector & Bank Official can explain well about the balance of the remaining out standing Loan.
LAW OF TORTS and LAW OF CONTRACT ARE MOST COMMON LAW IN ALL COUNTRY and even in our NEIGHBOURING COUNTRIE, BUT NOT APPLICABLE IN BANGLESH YET DUE TO WHICH BANGLADESH HAS BECOME A HEAVEN FOR REPRESSION / EXPLOITATION BY ALL GOVERNMENT ORGANAZATIONS forcing the Process of increasing - Poverty line in Geometric Ration .
OWNER OF INDUSTRIES OF PRIVATE SECTOR CAN NOT CLAIM ANY COMPENSATION OR SET OFF on the Suit filed by the Bank Official or Loan Giving Agencies FOR VIOLATION OF CONTRACT, NEGLEGIENCES, MALPRACTICES, including fraudulent activities of Bank officials instead of huge loss and damages although Bangladesh is known as DEMOCRATIC COUNTRY and never was a COMMUNIST COUNTRY.
CONDITION OF SICK / DISTRESSED INDUSTRIES are in deplorable now due to lack of Accountability of Bank Official / Policy Maker & total Indemnity offered to Bank Official / Loan Giving Agencies These have been done to hide out existing high profile Malpractices, Corruption and Fraudulent Activities & Negligence as per opinion of Expert Personals depriving the Owner of Industries from Justice .
Also Common PEOPLE WHO ARE FACING ANOTHER TYPE OF REPRESSIVE UNDER CERTIFICATE CASE for realization of Taxes , Agricultural Loan , including Weaver’s Loan etc.
The Owners of Industries in Bangladesh have no legal right to protect themselves and from the oppression of Bank Official & Policy Maker & Officials which are no more hidden matter rather a part of deep rooted conspiracy till date helping the process of HUMAN TRAFFICKING .
Bank official have given absolute Indemnity for Violation of Contract , Negligence Malpractices & Fraudulent Activities
OWNER OF INDUSTRIES can only file a separate suit for compensation in separate CIVIL COURT CREATING MORE complicacy for life long litigation WITH OF NO RESULT due to restriction to obstruct or resist any order / decree of ARTHA RIN ACT / COURT by any other DECREE OR ORDER OF OTHER COURT or even of by HIGHER COURT. THE RIGHT OF EQUITY OF LAW HAVE COMPLETELY BEEN DENIED TO THE INDUSTRIAL ENTREPRENEUR OF PRIVATE SECTOR IN BANGLADESH
Sections 12, 12 ( khan ) 18 ( 2 ) & (3 ) 19, 20, 21, 34,40, 41, 42, 44, 47 and 50 of ARTHA RIN ACT are directly repressive types violating of ARTICLE NO : 8, 15, 26 and 27 of BANGLADESH CONSTITUTION and self contradictory to the policy of Government to resist Malpractices and Corruption and Privatization programmed ax Mentioned in Industrial Policy adopted time to time having no force of law at all.
Now there are no other alternative way but to draw the kind attention of Concerned Authority Including International Community / Organizations seeking help for JUSTICE and Support to save & protect the OWNER OF SICK OR DISTRESSED INDUSTRIES OF Bangladesh under Private Sector, including their properties from such deep rooted conspiracy and oppressive laws as well to protect the interest of large number of workers, staffs of the Private Sector and also for CHANGE of such oppressive laws to restore Accountability of Bank Official / Loan Giving Agencies including Policy Maker to ensure for National Interest
( A ) - Humble appeal before the Government of Bangladesh to kindly allow Industrial Entrepreneur to claim Set Off or Compensation on suit filed by the Bank or loan Giving Agencies. or allow to Run Compensation Suit Simultaneously with suits file by Bank Officials under ARTHA RIN ACT with equal opportunity and equal right so as to restore total accountability .
(B)- Considering the Heavy loss and Damages of Government Registered and Identified SICK INDUSTRIES of 1992 & 1996 of Private Sector since last 25 years due to Non-Banking Activities of Bank Officials and Policy Maker may kindly be allowed 100 % weaver of all type of Bank loan liabilities to minimize their heavy loss and damages to certain extent
( C )- The system of keeping mortgage of Land & Properties from the Owner of Industries by Bank or any Loan Giving Agencies as Securities are mostly responsible for Malpractices and ever growing Corruption, & Fraudulent Activities in Banking Sector, which are now proven matter and may kindly be completely abolished as a part of reform programs at earliest possible time to ESTABLISH ACCOUNTABILITY and Check Malpractices, Fraudulent Activities which are now growing by large in Banking Sector or in other Loan Giving Agencies upto root Levels
( D ) - All suits of Artha Rin Court may kindly be transferred to Civil Commercial Court providing Equal right of justice .
OR
The above mentioned Sections 12, 12 ( khan ) 18 ( 2 ) & (3 ) 19, 20, 21, 34,40, 41, 42, 44, 47 and 50 of ARTHA RIN ACT may kindly be abolished immediately to unearth y & check existing Negligence , Malpractices & Fraudulent Activities of Banking Sector.
( E ) – And Section 28 ( Ka ) of BANKING COMPANY of 2001 which explain WRITTEN OFF does not mean Weaver were included just to or misguide the International Community & Bangladesh National so as to serve the interest of the Vested Group & to hide out the above also
( F ) And also take immediate steps to reform or abolished the system of CERTIFICATE CASE Which are nothing but abuse of Law for realizing Government Taxes , Agricultural Loan etc and is one of the worst system of CLONIAL RULE
( G ) - It would be an extreme favors if your good self kindly collect the PRINTED COPIES OF THE ABOVE MENTION LAWS for confirmation of mentioned facts .& to help the Suffering Groups by circulating this appeal among Honorable Member of your Organization and Partner’s Organizations & to Publish in WEBSITES or News Bulletin or News Media, Electronic Media of your territory to bring to the knowledge of Concern Authority including International COMMUNITY OR ORGANIZATIONS working for HUMAN RIGHT & FUNDAMENTAL / Democratic Right of People to prevent legal abuse for immediate help and support to protect the Owner of the Sick Industries / Distressed Industries of Bangladesh and their properties from such OPPRESSIVE LAWS for which they all would be ever grateful as well for change of all types of oppressive laws restoring accountability at all organization of Bangladesh.
********* N.B. the Summery of above mentioned Section of Artha Rin Act at a Glance:
(A)- In section 18 ( 2 ) & ( 3 ) Defendant or Owner of Industries will not be able to claim any set – off or to make counter claim against the Bank or Bank Official nor will be allowed to claim any Compensation by submitting any Suit against Bank ( Plaintiff ) analogously or simultaneously in Artha Rin Court due to violation of contract, fraudulence activities including negligence, malpractices of Bank officials.
(B)- Section 21: Settlement Conference between Borrower and Bank is a misnomer of Law of Arbitration or just to divert the attention of common people in the name arbitration or to make everybody fool .
(C) -As Per Section 19 (6) of Artha Rin Act of 2003 no suits can be declared to be dismissed or discharged for default or above mentioned fault of Bank Official. As per Section 20 regarding any order or proceedings of Artha Rin Act can not be raised to Higher Court or to any Other Superior Authority without paying 50 % of claimed or Decretal Amount if the order is totally misleading or against any law or illegal one even .
(D) - As per Section 34 Defendant or the Owner of Industries in Artha Rin Adalat Case can be put to the Jail for compelling or forcing him to pay the Bank Money without considering the fault or negligence’s of Bank Official without allowing him to proof the matter of violation of contract, fraudulence activities , negligence, malpractices of Bank officials. V- As per section 41 and 42 -The Owner of Industries are not allowed to file any appeal or revision to High Court or Superior Court against any order of Artha Rin Court without paying 50 % of the claimed amount or Decretal amount in advance , But the Bank Official are not require to pay any amount in advance in the Higher Court, allowing A Great Disparity of Law and Justice.
(E) - Under section 47 and 50 , The learned Court under Artha Rin Act of 2003 have been bared to make any exemption of principal loan amount for Violation of Contract , Negligence’s Malpractices, including fraudulent activities or any fault of the bank official uni laterally
(F)- Section 12 ( Kha ) Imposed a bar for filling write petition to Higher Court which are direct violation of human right and constitutional right of the citizen and reflects the negative attitude of Policy Maker and the Law Maker .
Suffering Groups of Owners of Industries of Bangladesh under Private Sectors
Hi Sonia
I have just come across this website when I am thinking to apply for Bangladeshi citizenship for my husband and our 2 daughters. When an official from Bangldadeshi High Commission informed me about this discriminated fact I couln’t beleive him.
I am so glad to know that I am not only the one who is suffering from this discrimination law and they are not keeping themselves in silent. Please put my name on the list to lobby against this discriminated law.
By the way thanks for your contrbution Sonia.
Best wishes - Salma
APPEAL FOR JUSTICE TO SAVE FROM OPPRESSIVE LAWS
Dear Sir
From 1972 after independent ,Bangladeshi Nationals started to Established Industries investing family resources ,adopting innovative technology as SELF EARNER & to create job for million of unemployed as well as to achieve economic freedom when everything were damaged and leftover .
Government also started helping these fast growing PRIVATE SECTOR INDUSTRIES having fund from International Grant or Loan Giving Agencies and distributed through different Bank. From 1980 period..
But unfortunately Owner of Industries becomes helpless victims of deep rooted conspiracy & Anti Propaganda .. The Bank Official refrain themselves from ascertaining production capacity of imported machineries and to provide required working capital loan in time extending non-cooperation, negligence or even were reluctant to receive back their loan money if any Industrial Owner decided to pay back the entire bank loan for non-banking activities .These have been done willingly to Jeopardize the Government Decision of Privatizations as well to occupy the mortgaged properties of the Owner of Industries of Bangladesh
Hundreds & Thousand of Industries in Bangladesh have been destroyed by Bank Officials & Policy Maker who are not aware of First Changing Technology of present time. even.
Over and above Capitalizing the Illiteracy, Ignorance and Extreme Poverty of majority of Bangladesh Citizen Every things have been forced upon the Owner of Industries of PRIVATE SECTOR in co-operation with their alliance , who are always interested to make Bangladesh a bottom less country.
Due to Such Conspiracy , Negligence’s , Fraudulent Activities including Non - Banking Activities of Bank Official & Policy Maker, Most of these Industries have became in-operative & have lost their Cash Capital, Expatriate Capabilities. And became helpless victims of oppressive laws
In 1992 &1996 the Sick Industries Rehabilitation Cell were formed by GOVERNMENT OF BANGLADESH & have Identified and Registered these Industries as SICK INDUSTRIES declaring not as defaulter but victims of Violation of Contract, Negligence, Fraudulent Activities, Malpractices of Bank Officials including Policy Maker.
LACK OF ACCOUNTABILITY in different Organization of Bangladesh are no more hidden matter till date .
THE OWNER OF THE INDUSTRIES OF BANGLADESH ARE LOOKING VERY HELPLESSLY FOR JUSTICE BUT THE DOOR OF JUSTICE ARE CLOSED FOR UNKNOWN REASONS.
The owner of Industries of Bangladesh are deprived of Legal Right due to enactment ARTHA RIN ACT ACT ( Money Landing Act ) on 1989 which were amended several time on 2003 and 2007. The Bankruptcy Act of 1997 treating the OWNERS OF INDUSTRIES as like as SLAVE of COLONIAL PERIOD When the Hands of the Producer and Technician of Muslin Fabrics ( which were only produced in UNDIVIDED BENGAL ) were cut down
But these laws are not applicable in Nationalized Sector where Billions of Dollars are invested, till today and are unaccounted
Total outstanding Defaulted Bank Loan are about 60 to 70 % lying with Government Sector / Nationalized Concern . And less then 10 % Bank loan are lying with Small & Medium Size Industries of Private Sector.
And Bank Official can explain well about the balance of the remaining out standing Loan.
LAW OF TORTS and LAW OF CONTRACT ARE MOST COMMON LAW IN ALL COUNTRY and even in our NEIGHBOURING COUNTRY Like INDIA , BUT NOT APPLICABLE IN BANGLADESH YET DUE TO WHICH BANGLADESH HAS BECOME A HEAVEN FOR REPRESSION / EXPLOITATION forcing the Process of increasing - Poverty line in Geometric Ration and also helping HUMAN TRAFFICKING in large scale.
OWNER OF INDUSTRIES OF PRIVATE SECTOR CAN NOT CLAIM ANY COMPENSATION OR SET OFF on the Suit filed by the Bank Official or Loan Giving Agencies under Artha Rin Act , 2003 FOR VIOLATION OF CONTRACT, NEGLEGIENCES, MALPRACTICES, including fraudulent activities of Bank officials instead of huge loss and damages although Bangladesh is known as DEMOCRATIC COUNTRY
The present condition OF SICK / DISTRESSED INDUSTRIES are deplorable due to lack of Accountability of Bank Official / Policy Maker & Indemnity offered to Bank Official / Loan Giving Agencies These have been done to hide out existing high profile Malpractices, Corruption and Fraudulent Activities & Negligence as per opinion of Expert Personals depriving the Owner of Industries from Justice
Also Common PEOPLE WHO ARE FACING ANOTHER TYPE OF REPRESSIVE LAW UNDER CERTIFICATE CASE for realization of Taxes , Agricultural Loan , including Weaver’s Loan etc.
OWNER OF INDUSTRIES can only file a separate suit for compensation in separate CIVIL COURT CREATING MORE complicacy for life long litigation WITH OF NO RESULT .
Due to restriction to obstruct or resist any order / decree of ARTHA RIN ACT / COURT by any other DECREE OR ORDER OF ARTHA RIN COURT or even of by HIGHER COURT. THE RIGHT OF EQUITY OF LAW HAVE COMPLETELY BEEN DENIED TO THE INDUSTRIAL ENTREPRENEUR OF PRIVATE SECTOR IN BANGLADESH
Sections 12, 12 ( khan ) 18 ( 2 ) & (3 ) 19, 20, 21, 34,40, 41, 42, 44, 47 and 50 of ARTHA RIN ACT are CONTRADICTORY TO ARTICLE NO : 8, 15, 26 and 27 of BANGLADESH CONSTITUTION and self contradictory to the policy of Government Industrial Policy adopted time to time..
Now there are no other alternative way but to draw the kind attention of Concerned Authority Including International Community / Organizations seeking help for JUSTICE and Support to save & protect the OWNER OF SICK OR DISTRESSED INDUSTRIES OF Bangladesh under Private Sector, including their properties from such deep rooted conspiracy and oppressive laws as well to protect the interest of large number of workers, staffs of the Private Sector and also for CHANGE of such oppressive laws to restore Accountability of Bank Official / Loan Giving Agencies including Policy Maker to ensure greater Interest of The Nations
( A ) - Humble appeal before the Government of Bangladesh to kindly allow Industrial Entrepreneur to claim Set Off or Compensation on suit filed by the Bank or loan Giving Agencies. or allow to Run Compensation Suit Simultaneously with suits file by Bank Officials under ARTHA RIN ACT with equal opportunity and equal right so as to restore total accountability ,which will be similar to DRT ( Debt Recovery Tribunal of INDIA )
(B)- Considering the Heavy loss and Damages of Government Registered and Identified SICK INDUSTRIES of 1992 & 1996 of Private Sector due to Negligence , Violation of Contract & Non-Banking Activities etc. of Bank Officials and Policy Maker may kindly be allowed 100 % Weaver of all type of Bank loan liabilities to minimize their heavy loss and damages to certain extent under LIMITATION ACT
( C )- The system of keeping mortgage of Land & Properties from the Owner of Industries by Bank or any Loan Giving Agencies as Securities are mostly responsible for Malpractices and ever growing Corruption, & Fraudulent Activities in Banking Sector, which are now proven matter and may kindly be completely abolished as a part of reform programs at earliest possible time to ESTABLISH ACCOUNTABILITY and Check Malpractices, Fraudulent Activities which are now growing by large in Banking Sector or in other Loan Giving Agencies upto root Levels
( D ) - All suits of Artha Rin Court may kindly be transferred to Civil Commercial Court providing Equal right for the end of Justice or preferably be stopped unconditionally
AND
The above mentioned Sections 12, 12 ( khan ) 18 ( 2 ) & (3 ) 19, 20, 21, 34,40, 41, 42, 44, 47 and 50 of ARTHA RIN ACT may kindly be abolished immediately to open & remove existing Negligence , Malpractices & Fraudulent Activities in Banking Sector.
( E ) – And Section 28 ( Ka ) of BANKING COMPANY of 2001 which explain WRITTEN OFF does not mean Weaver were included just to misguide the International Community & Bangladesh National so as to serve the interest of Vested Group and their Agent
( F ) And also take immediate steps to reform or abolished the system of CERTIFICATE CASE Which are nothing but abuse of Law for realizing Government Taxes , Agricultural Loan etc and is one of the worst system of CLONIAL RULE
( G ) - It would be an extreme favors if your good self kindly collect the PRINTED COPIES OF THE ABOVE MENTION LAWS for confirmation of mentioned facts .& to help the Suffering Groups by circulating this appeal among Honorable Member of your Organization and Partner’s Organizations & to Publish in WEBSITES or News Bulletin or News Media, Electronic Media of your territory to bring to the knowledge of Concern Authority including International COMMUNITY OR ORGANIZATIONS working for HUMAN RIGHT & FUNDAMENTAL / Democratic Right of People to prevent legal abuse for immediate help and support to protect the Owner of the Sick Industries / Distressed Industries of Bangladesh and their properties from such OPPRESSIVE LAWS for which they all would be ever grateful as well for change of all types of oppressive laws restoring accountability at all organization of Bangladesh.
********* N.B. the Summery of above mentioned Section of Arthatha Rin Act at a Galance:
(A)- In section 18 ( 2 ) & ( 3 ) Defendant or Owner of Industries will not be able to claim any set – off or to make counter claim against the Bank or Bank Official nor will be allowed to claim any Compensation by submitting any Suit against Bank ( Plaintiff ) analogously or simultaneously in Artha Rin Court due to violation of contract, fraudulence activities including negligence, malpractices of Bank officials.
(B)- Section 21: Settlement Conference between Borrower and Bank is a misnomer of Law of Arbitration or just to divert the attention of common people in the name arbitration or to make everybody fool .
(C) -As Per Section 19 (6) of Artha Rin Act of 2003 no suits can be declared to be dismissed or discharged for default or above mentioned fault of Bank Official. As per Section 20 regarding any order or proceedings of Artha Rin Act can not be raised to Higher Court or to any Other Superior Authority without paying 50 % of claimed or Decretal Amount if the order is totally misleading or against any law or illegal one even .
(D) - As per Section 34 Defendant or the Owner of Industries in Artha Rin Adalat Case can be put to the Jail for compelling or forcing him to pay the Bank Money without considering the fault or negligence’s of Bank Official without allowing him to proof the matter of violation of contract, fraudulence activities , negligence, malpractices of Bank officials. V- As per section 41 and 42 -The Owner of Industries are not allowed to file any appeal or revision to High Court or Superior Court against any order of Artha Rin Court without paying 50 % of the claimed amount or Decretal amount in advance , But the Bank Official are not require to pay any amount in advance in the Higher Court, allowing A Great Disparity of Law and Justice.
(E) - Under section 47 and 50 , The learned Court under Artha Rin Act of 2003 have been bared to make any exemption of principal loan amount for Violation of Contract , Negligence’s Malpractices, including fraudulent activities or any fault of the bank official uni laterally
(F)- Section 12 ( Kha ) Imposed a bar for filling write petition to Higher Court which are direct violation of human right and constitutional right of the citizen and reflects the negative attitude of Policy Maker and the Law Maker .
Suffering Groups of Owner of Industries of Bangladesh
SUB : AN APPEAL FOR JUSTICE TO SAVE FROM OPPRESSIVE LAWS
Dear Sir,
From 1972 after independent, Bangladesh Nationals started to establish Industries investing family resources ,using Innovative Technology as self earner to achieve Economic Freedom & to create jobs for millions of unemployed when almost everything was damaged due to Liberation War and These Entrepreneurs are commonly know as 1st ( first ) Generation Industrial Entrepreneur of Bangladesh
Government also started to help these fast growing PRIVATE SECTOR INDUSTRIES AS IMPORT SUBSITUTES and for EXPORT having fund from International Loan Giving Agencies which were distributed through different Banks from 1979
Unfortunately the Owners of these Industries became helpless victims of deep rooted conspiracy and Anti Propaganda. The Bank officials refrain themselves from ascertaining production capacity of imported machineries and to provide required working capital loan in time extending non-cooperation harassment, negligence and fraudulent activities. And all these have been done willingly just to jeopardize the Government Industrial policy as well to terrorize the Owners of Industries of Private Sector finally to occupy the Mortgage Properties of the owner of the Industries under Private Sector.
Due to such activities Hundreds and Thousands of Industries were destroyed by Bank Officials and Policy Maker.
Over and above capitalizing the Illiteracy, Ignorance and Extreme Poverty of Bangladesh Citizens .Most of these laws were forced upon the Citizen including, Owner of the Industries of Private Sector in co-operation with their alliances who are busy to convert Bangladesh a Bottom less Basket Again
Due to such activities most of the Industries have became in-operatives and have lost their Cash Capitals, Expatriate Capabilities and became helpless victims of oppressive laws. Due to absence of minimum accountability from Banking Sector to the office of Land Survey Departments / Directorate.
In 1992 & 1996 Government of Bangladesh identified and registered many Industries as SICK INDUSTRIES declaring not as Defaulter of Bank Loan but victims of Violation of Contract , Negligence , Fraudulent or Malpractices of Bank Officials. And Policy Maker due to Lack of Accountability. And the matter of Lack of Accountability at every stage of Bangladesh is no more a hidden Matter.
THE HELPLESS OWNERS OF INDUSTRIES ARE LOOKING FOR JUSTICE, BUT THE DOOR OF JUSTICE ARE CLOSED Due to Enactment of a Law Know as ARTHA RIN ADALAT ACT ( Bank Loan Recovery Act ) on 1989 which were also amended on 2003 and 2007 . Bank Ruptcy Acts were also enacted on 1997 treating the Owners of Industries under Private Sector like as Slave of Colonial Period WHEN THE HANDS OF THE PRODUCER AND TECHNICIAN OF MOSLIN FABRICS ( which were only produced in Bengal of undivided INDIA) were cut down to stop production of Finest Fabrics by Bengali Technicians and Producer.
But surprisingly the ARTHA RIN ACT are not applicable for Nationalized or State Sector .where BILLIONS OF DOLLARS are spend till today without any accountability.
Out of Total of outstanding defaulted Bank Loans, about 60 to 70 % are lying with Nationalized / State Sector and less then 10 % are lying with Small and Medium sized Industries of Private Sector of Bangladesh. And Bank Official can explain well about the remaining of the Loan Amount.
THE LAW OF TORTS & LAW OF CONTRACT ARE MOST COMMON, BUT APPLICATION OF THE SAME ARE RESTRICTED IN BANGLADESH .
Due to which BANGLADESH HAS BECOME A HEAVEN FOR REPRESSION / EXPLOITATION Forcing the process to increase Poverty line in Geometric Ration & also helping the process of Lawlessness and Human Trafficking .
The Owners of Industries of Private Sector can not claim any set - off or compensation on the same suit as filed by BANK OFFICIALS or THE LOAN GIVING AGENCIES for Loan Recovery under Artha.Rin Act . for VIOLATION OF CONTRACT , NEGLEGENCES , Malpractices of Bank officials / Policy Maker.
AS A RESULT NUMBER OF SICK / DISTRESSED INDUSTRIES are increasing in every year due to complete lack of accountability of Bank Officials and Policy Maker .
BANK OFFICALS / LOAN GIVING AGENCIES HAVE BEEN ALLOWED TOTAL INDEMNITY OF LAW for violation of contract , negligence, Fraudulent Activities , . These have been done to hide out existing high profile malpractices and corruptions as per opinion of Expert Personals.
The Owner of Industries of Private Sector have no Legal Right to protect themselves from the oppression of Bank Officials & Policy Maker and these are no more hidden matter ,rather a part of the on going conspiracy to make Bangladesh a Bottom Less Basket.
Although in neighboring countries Like INDIA where there is LAW FOR LOAN RECOVERY KNOWN AS “ DEBT RECOVERY TRIBUNALS ( DRT )†where the Owner of Industries or other borrowers are allowed to claim Set off or Compensation in same suit and same court at same time.
But in BANGLADESH Owner of Industries or Other Borrowers of Bank Money are completely deprived of any such opportunity rather provision have been to hide out corruption , negligence, fraudulent activities of Bank Officials as per opinion of Expert Personals giving TOTAL INDEMNITY OR LICIENCE FOR UNENDING CORRUPTION OR MAL PRACTICES & Violation of Contracts & negligence .,
And Owner of Industries or Borrowers of Bank loans are completely deprived of any type of JUSCTICE. Common people are also facing another type of repression UNDER CERTIFICATE CASE for realization of Government Taxes . small loan of farmers , weavers etc ,
Industrial Entrepreneurs can only file a separate suit for compensation in a separate Civil Court which will be a matter of life long litigation .with no result .
As per Artha Rin Act nothing can be raised against the Order or Decree of Artha Rin Court to Higher Court and also without Payment of 50 % of the suit value or Decretal Amount,
The door of appeal or revision are closed denying the Legal right of Owners of Industries. As per Sections 12, 12 ( kha) , 18(2) & (3) , 19, 20,21,33, 34,40,41,42,44, 47 and 50 of Artha Rin Act.
And these are contradiction/ conflicting with ARTICLE 8, 15, 26, AND 27 of BANGLADESH CONSTITUTION AND THE GOVERNMENT INDUSTRIAL POLICY AS ADOPTED TIME TO TIME .
There are no other alternative way , but to draw the attention of concern authority of Bangladesh including PATRIOT INTELLECTUAL PERSONS AND LEADER OF CIVIL SOCIETY AND INTERNATIONAL COMMUNITY TO VERYFY the above and help for restoring EQUAL RIGHT for JUSTICE . and to help to Protect the Owner of Industries including Workers and other supporting Staffs who are already in Distressed Condition due to lapses of Policy Maker an Bank Officials and of the Oppressive Laws .
And to help to restore the accountability in all organizations including BANKS & other Loan Giving Agencies for the greater Interest of Nations please Circulate our humble appeal among Honorable Members , Partners of your organizations or in your News Bulletins and in Printed or Electronic News Media for Transmission this appeal among all organizations working for HUMAN RIGHT , DEMOCRATIC RIGHT and to PREVENT LEGAL ABUSE and OPPRESSIVE LAWS and also to consider the followings :
1-. Humble Appeal before the Government of Bangladesh to allow Owners of Industries to claim SET OFF or COMPENSATIONS for Negligence , Violation of Contract , Fraudulent or Malice Activities in the same suit filed by Bank or loan giving agencies for recovery of Loan Money similar to DRT ( DEBT RECOVERY TRIBUNALS ) OF INDIA
2- Considering the heavy Loss / Damages of Government Registered & Identified SICK INDUSTRIES of 1992 & 1996 of Private Sector may be allowed 100 % weaver closing all Pending Suits for recovery of Loan unconditionally .
3- The Existing System of Mortgage of Landed Properties .for getting Loan need to be completely abolished .to remove ever growing corruption , malpractices and fraudulent Activities which exist in Banking Sector and are much Proven Facts for the greater interest. of the Nation .
4- All pending Suits in Atrha Rin Court may kindly be transferred to Civil Commercial Court abolishing Sections 12, 12( kha) , 18(2) & 18(3), 19,20,21,33, 34,40,41,42,44,47 and 50 of Artha Rin Acts including Sections 28 ( Kha) of Banking Company Act Creating Democratic Opportunities similar to DEBT RECOVERY TRIBUNAL S ( DRT ) of INDIA for the end of JUSTICE ..
5- And to take immediate steps to abolish the system of CERTIFICASE CASE which are nothing but abuse of LAW and worst one like that of COLONIAL RULE .
Suffering Groups of Owners of Industries of Bangladesh.
Hi, Sonia!
I am also married to a foreigner who happens to be a Pakistani National.
Incidentally, the marriage was solemnized here in Dhaka on 07th September, 2005 and we decided to take up permanent residence for my husband. Would you believe there is no such thing as ‘PERMANENT RESIDENCE PERMIT OR VISA’? They are issuing one year Family Visa renewal subject to Police verification conducted by the Special Branch. On previous 2 (Two) Occassions the visas were renewed without much hassle but this time it has held up because the Special Branch has turned in a negative report asserting that the applicant is engaged in doing Business which he is not permitted under the law. The only stamp that has been fixed for the first time the visa was last extended states: ‘EMPLOYMENT - PAID/UN-PAID PROHIBITED’. It has no where been proved that he is gainfully employed. When this matter was officially raised with Ms Shahana Shermin, The Senior Assistant Secretary, Ministry of Home Affairs, she categorically stated that the condition of the visa is that he has to be permanently dependent on his Bangladeshi Spouse without exception. The question is: ‘is this a fair assessment of the situation’???
All over the world, the FAMILY VISA covers Parents, siblings, off-springs and blood relations like Paternal/Maternal Uncles & Aunties etc. No where, spouse is treated on this level. Spouse is invariably allowed a longer duration Visa as S/He is treated 50% Nationals but not in BANGLADESH! This is what was asserted by all Seniior Officials in the Ministry of Home Affairs who have been periodically contacted by us on various levels….
And, when a highly placed Lawyer who has received specialized training in UK & elsewhere in Immgration Laws, when contacted by us in desperation, without second thoughts demanded a minimum fee of BDT 200,000/- but without a guarantee as to the out-come of the matter….
All he would say is that as long as ‘Court Stay Order’ would be operative, your husband would have the liberty to stay put but without any means of permanent source of income to meet daily expenses…
It does not behold to consider what if the female spouse who happens to be a National is unable to work & engage in gainful employment. A direct lead to an immoral life with state patronage…..for being a MUSLIM in a “SECULAR STATE…..
Hi Nazni - thanks for writing in and sharing your story with us - it isn’t suprising how many women are affected by this - but suprising what a lack of a ‘voice’ there is for us and to be able to tell our stories.
I think it’s important we keep talking about this and seeing if we can’t seize this opportunity to get something done about the legislation.