Addressing Issues of Discrimination in Educational Institution and Work Place

Introduction:

Varied National and international legislations[1] acknowledge the necessity of right to education and right to work.[2] Across the globe millions of students are having troubles in enjoying their educational rights for a number of reasons, and Bangladesh is no exception to this.[3] Discrimination on the ground of their religious belief is one of the reasons why students are facing challenges in attaining their equal right to education. The relationship between right to education and Freedom of Religion or Belief (FoRB) is interrelated, interdependent and indivisible.[4] However, this relationship is seldom examined for any academic or policy exploration and discrimination on the ground of one’s religion or belief is hardly recognized by the governments of Bangladesh.[5] Hence, in Bangladesh students belonging to different religion or belief other than Islam, which is the religion of the Majority population, experience harassment, discrimination prejudice and psychological torture etc. Like education system working place is another arena where believers of other faiths face trouble, inequality and prejudice. At workplaces, religious minorities do not get equal treatment and legal protection when a crime is committed against any employee from religious minorities.[6] As most of the cases are settled or negotiated through informal authorities often arbitrarily or on a discriminatory basis.[7]

In this chapter, there will be discussion on-

International Laws for addressing discrimination in education and work place

Laws of Bangladesh for addressing the discrimination

Modes of Religious Discrimination in education and workplace

Case Studies

Steps an activist or an advocate undertake to assist the victims of discrimination in educational institution and workplace

International Legal Framework Regarding Discrimination in Educational Institutions and Workplaces:

SL No.	International legal framework regarding right to education discrimination in educational institutions and workplaces	Articles
1.	Universal Declaration of Human Rights, 1948	Article 23 provides that everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment. Furthermore, everyone, without any discrimination, has the right to equal pay for equal work.
2.	Universal Declaration of Human Rights,1948	Article 26 provides that everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
3.	International Covenant on Civil and Political Rights, 1966	Article 26 provides that all persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
4.	International Covenant on Economic, Social and Cultural Rights, 1966	Article 13 provides that this Covenant recognize the right of everyone to education. They agree that education shall be directed to the full development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms. They further agree that education shall enable all persons to participate effectively in a free society, promote understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups, and further the activities of the United Nations for the maintenance of peace.
5.	International Covenant on Economic, Social and Cultural Rights, 1966	Article 6 provides that the present Covenant recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right.

Modes of Religious Discrimination in Education and Workplace:

Biased education system can play a negative role on the members of religious minority communities. Religious minority students and their families can feel isolated and deeply despondent due to prejudice at the educational Institutions. Derogatory contents in institutional textbooks[8] or total absent of religious education or failure to appoint teachers for religious classes[9] and ethical studies can create a toxic mix for the children of the minority communities. Furthermore, pressure to convert or carry Hijab, can also be considered a serious issue. Students from minority communities can experience physical and emotional abuse at the hands of teachers and fellow pupils.[10] Furthermore, the psychological impact regarding such abuse should not be underestimated as it can have grave impact on the innocent mind of children.[11] Long term prejudice and inequality may result in the exclusion of the religious minority students from the mainstream and unequal representation in job opportunities.

Workplace is another sector where people face discrimination due to their religion, belief and ethnicity.[12] Discrimination at work place on the basis of religion and belief includes-

It has been complained by a number of victims to Bangladesh Hindu Buddhist Christian Unity Council (BHBCUC) that they face discrimination in their workplace due to their religion or belief.[13] It can be identified that some job circulars have some specific declaration that this post is for a candidate of specific religion.[14] Sometimes this declaration can be implied.[15] Another scenario can be pointed out as requiring any person to dress in a certain way irrespective of their religion or belief. For instance, requiring all women to wear hijab irrespective of their religion or belief would be unacceptable.[16] Another example is absence of prayer places for people of Hindu, Buddhist, Christian or other religions and beliefs in their respective workplaces.[17] Lack of praying place in the workplace can create a psycho-social discrimination in person belonging to minority community, when they see that people belonging to majority have a specific place for offering their daily prayers in a place specified for them.[18] Bullying at workplace for different religion or beliefs can be known as harassment.[19] For instance, eroticization, assumption of homogeneity, imposition of belief can be considered as workplace bullying based on religion.[20] Apart from these above-mentioned incidents, sexual harassment can be considered as a tricky weapon for bullying towards female employees of different religion or beliefs. In 2009, the High Court Division issued 11-point directives on the prohibition, prevention and redress of sexual harassment in the workplace and educational institutions.[21] This Writ Petition was filed by the Bangladesh National Women Lawyers Association (BNWLA) challenging the widespread prevalence of sexual harassment of women in university campuses and office spaces. In this application, Article 102 of the Constitution of the People’s Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why the respondents failed to adopt guidelines, or policy or enact proper legislations to address the issue of abuse of sexual harassment for protecting and safeguarding the rights of the women and girl children at work place, educational institutions/universities and other places. The judgement highlights actions including establishment of an anti-harassment committee.[22] It also calls for employers and authorities in charge of educational institutions to take preventive measures by raising awareness on sexual harassment. However, these directives do not provide provisions for employees of different religion or beliefs only but measures can be taken as per these directives.

Case Study-1

On August 22, 2010, Bengali daily Kaler Kantha published a report title ‘Natore Rani Bhabani Government Girls College’: No Access Without Burqa. It was reported that the newly appointed principal Muzammel Haque ordered an injunction on the female students from taking part in any sports and cultural activities. He also made burqa compulsory for all female students on the college campus. Students who were not willing to follow his order were barred from access to college. 250 aggrieved students sent written complaints to the education secretary against this order. Two supreme court lawyers brought the matter to the notice of the court. The court issued a suo-motu rule declaring that people cannot be forced to wear skull caps veils or other religious clothing in workplaces, schools and colleges. The court said that wearing any form of religious clothing for students and employees should be a personal choice. The court also ruled that women cannot be prevented from taking part in sports or cultural activities.

Case Study -2

Suprio Gomez (not his real name) used to teach in the Islamic University of Bangladesh.[23] One day when his former colleagues caught him reading the Bible he was fired. Since then he has been subjected to assaults, violence and death threats. Now with the country drifting towards Islamism, he is afraid of being killed at any time. Completing higher degrees Suprio came back to Bangladesh and began teaching Arabic literature as an Assistant Professor in the Islamic university of Bangladesh. He said that his unusual behaviour raised suspicions among his colleagues. I was not reading the Quran so they begin to doubts about me. One day someone saw me reading the Bible in Arabic because I was comparing the text with the version in the Bengali. Altered by his colleagues the vice-chancellor summoned him to his office and asked if he had converted to Christianity. Suprio responded with utmost sincerity yes I am a follower of Jesus. Then the vice-chancellor replied that a kafir cannot teach in my Islamic university. The university administration then fired him. A few days later Suprio said the members of chhatrashibir, a fundamentalist student’s organisation took me from the university. They wanted to kill me. They cut the veins in my legs, hurt my body at various points in front of my family and local Muslim fanatics. My body still shows the scars of those 40 blows. He was knocked unconscious and woke up four days later at Bangabandhu Sheikh Mujib Medical University Hospital in Dhaka. The hospital treatment lasts 3 months and 21 days. When he returned home, he was beaten by Muslims from the local mosque. He was later abandoned by his family which refused to acknowledge any inheritance and the wider society.

After losing his first job he lost it again and again for the same reason. He was expelled from an NGO, an Islamic bank, and a financial institution. The last job was in a sales office in Dhaka where however the chief want him to give up Christianity. If you say the prayer and read the Quran all day you will get the salary he declined not only did the would-be employed did not hire but he also threatened his life.

Bangladesh’s education systems in Brief:

Bangladesh Education Streams

Bangladesh Education Stream has four basic categories.[24] Under these categories, some of them have sub categories:

Technical and Vocational

General

Madrashah

Specialized

1.Public Schools

2.Private Schools

3.NGO, Catholic etc

1.Alia

2.Quomi

3.Darul

4.Arqam

5.Forkania

6.Cadet and others

1.Education for disabled.

2.Sanskrit and Palition

As per the source of Madrasa Shikkha Adhidaptar[25], only three Madrasas are Government funded. Nevertheless, the scenario is totally different. In 2019, Government took initiative to register about 557 Madrasas as Monthly Payment Order (MPO) Madrasa,[26] which means teachers and staff of an MPO registered educational institution are paid according to the government scale.[27] The number of catholic institutions in Bangladesh, there are only 600 Catholic Educational Institutions but none of them is government funded where there are many students from Christian religion.[28] We have came to know from Bangladesh Christian Association that most of them are governed by various trust, sangha and other organisations. It creates a clear discrimination in educational sector.

Furthermore, most Hindu and Buddhist children in Bangladesh are educated in the national curriculum system.[29] There are very few Sanskrit and Pali tols for those students, where they can get education related to their religion and belief.[30] Some of these tols are sponsored by the Hindu Religious Welfare Trust and Buddhist Religious Welfare Trust.[31] These tols rarely receive any fund from the Ministry of Religion, whereas Madrasas receive state funds from both the Ministry and the Islamic Foundation.[32] It can be deducted from this that there are no funds from the State for the students belonging to the ‘vanished’ beliefs, e.g., Sikh, Ahmadiya etc. This creates a clear violation of the constitutionally guaranteed rights of equality in educational sectors.[33] Furthermore, these students of different religions are deprived of their own religious knowledge.[34] For the sake of the argument, if it can be considered that they are gathering knowledge in their national education system there is also some lacunas in this sector.[35] Since the State does not encourage by funding to the tols and other religious and belief based educational institutes, day by day less and less teachers are getting graduated in religious teaching which is offered in their traditional language, like – Sanskrit or Pali. As a result there is not enough and capable teachers for teaching this religious subjects except Islam.[36]

Legal Framework of Bangladesh Regarding Discrimination in Educational Institutions and Workplaces:

SL No.	Legal framework of Bangladesh regarding discrimination in educational institutions and workplaces	Articles/Sections
2.	The Constitution of the Peoples Republic of Bangladesh, 1972	Article 15 provides that the State should secure to its citizens the provision of basic necessities of life, including food, clothing, shelter, education and medical care.
3.	The Constitution of the Peoples Republic of Bangladesh, 1972	Article 17 of the Constitution pledges that the State shall adopt effective measures for the purposes: (a) Establishing a uniform, mass oriented and universal system of education and extending free and compulsory education to all children to such stage as may be determined by law; (b) Providing the appropriate type of education to the needs of society and producing properly trained and motivated citizens to serve those needs and (c) Removing illiteracy within such time as may be determined by law.
4.	The Constitution of the Peoples Republic of Bangladesh, 1972	Article 20 provides that work is a right, a duty and a matter of honour for every citizen who is capable of working and everyone shall be paid for his work on the basis of the principle “from each according to his abilities, to each according to his work”.
5.	The Constitution of the Peoples Republic of Bangladesh, 1972	Article 27 ensures that all citizens are equal before law and are entitled to equal protection of law.
6.	The Constitution of the Peoples Republic of Bangladesh, 1972	Article 28 provides that the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth. Furthermore, no citizen shall, on grounds only of religion, race, caste, sex or place of birth be subjected to any disability, liability, restriction or condition with regard to access to any place of public entertainment or resort, or admission to any educational institution. Article 29 provides that There shall be equality of opportunity for all citizens in respect of employment or office in the service of the Republic.
7.	The Constitution of the Peoples Republic of Bangladesh, 1972	Article 41 ensures that every citizen has the right to profess, practise or propagate any religion and every religious community or denomination has the right to establish, maintain and manage its religious institutions. Furthermore, no person attending any educational institution shall be required to receive religious instruction, or to take part in or to attend any religious ceremony or worship, if that instruction, ceremony or worship relates to a religion other than his own.
8.	The Compulsory Primary Education Act 1990	Section 3 provides the obligation to primary education

Steps an activist or an advocate undertake to assist the victims of discrimination in educational institution and workplace:

An activist or an advocate may play a significant role to assist the victims of discrimination in educational institution and workplace. Steps can be taken to assist the victims of discrimination in educational institution are as follows-

Collection of evidence (e.g. witness statement), other relevant documents (e.g. copy of Student ID card)

Reporting to the relevant authority (e.g. student adviser, Disciplinary Committee of the institution)

To present before the Disciplinary Committee

If Disciplinary Committee’s decision makes victim aggrieved then file Writ Petition under 102 of the Bangladesh Constitution

Alternatively, victim can file complaint before National Human Rights Commission through their prescribed form.

Alternatively, for academic institutions the victim can file complaint before University Grant Commission

Steps can be taken to assist the victims of discrimination in workplace are as follows-

Collection of evidence (e.g. witness statement), other relevant documents (e.g. copy of the ID card)

Reporting to the relevant authority, (e.g.Executive Committee[37])

If Executive Committee’s enquiry makes victim aggrieved then file Writ Petition under 102 of the Bangladesh Constitution

Alternatively, victim can file complaint before National Human Rights Commission through their prescribed form.

Alternatively, for academic institutions the victim can file complaint before University Grant Commission

SL No.	Outcomes
01.	Understanding the modes of Religious Discrimination in education and workplace
02.	Identifying the laws of Bangladesh for addressing issues of discrimination and harassment
03.	Identifying the International Laws on Discrimination and prejudice in education and workplace
04.	Gathering knowledge about the cases
05.	Finding the steps an activist or an advocate undertake to assist the victims of discrimination in educational institution and workplace

6.7 Exercise:

Anupama Gomez is a student of Karimunnesa Girls School of class 8. The newly appointed principal Badiul Alam ordered an injunction on the female students from taking part in any sports and cultural activities. He also made burqa compulsory for all female students on the college campus. Students who were not willing to follow his order were barred from access to college.

Suppose, you are an activist/a lawyer. Now-

How will you assist Anupama Gomez?
How will you assist the whole community regarding this matter?

[1] Klaus, B. D. (2006). The Protection of the Right to Education by International Law: Including a Systematic Analysis of Article 13 of the International Covenant on Economic, Social and Cultural Rights. Martinus Nijhoff Publishers.

[2] Greeley, A. (1976). Ethnicity, denomination and inequality. Sage Publications.

[3] Mustafizur, R., Izham, M., Hamzah, M., Subahan, T., Meerah, M., Rahman, M. (2002). Secondary Education in Bangladesh: History and Contextual Perspectives. International Education Studies.

[4] Baul, T.K., Bose, P.K. (2020). Religious Minorities of Bangladesh: How Protected are they under International Law?. Routledge.

[5] Ibid

[6] Discrimination against Dalits in Bangladesh. International Dalit Solidarity Network. (2015). Retrieved from: http://idsn.org/wp-content/uploads/2015/08/IDSN-briefing-note-Bangladesh-2015.pdf. Accessed on: 02.02.2021.

[7] Ibid

[8] Baul, T.K., Bose, P.K. (2017). Rule of Law vs. Rule by Law: A case of constitutional illusion for the religious minorities of Bangladesh. University of North Bengal.

[9] Ibid

[10] Baul, T.K., Bose, P.K., (2020). Religious Minorities of Bangladesh: How Protected are they under International Law?.Routledge.

[11] Ibid

[12] Ibid

[13] Das, R.G., (ed). Charter of Demand of Bangladesh Hindu Buddhist Christian Unity Council (BHBCUC).

[14] Alsop, R. (2014 July 31). Does religious bias begin with your CV?. British Broadcasting Corporation. Retrieved from: https://www.bbc.com/worklife/article/20140730-reveal-religion-on-your-cv. Accessed on: 02.02.2021.

[15] Ibid

[16] United News of Bangladesh (2020, October 29). Health minister orders immediate action against IPH dress code notice. Dhaka Tribune. Retrieved from: https://tinyurl.com/6zt4umd2. Accessed on: 02.02.2021.

[17] Das, R.G., (ed). Charter of Demand of Bangladesh Hindu Buddhist Christian Unity Council (BHBCUC).

[18] Ibid

[19] Ariss, A., Sidani, Y.M. (2016). Understanding religious diversity: Implications from Lebanon and France. Cross Cultural & Strategic Management.

[20] Ibid

[21] Bangladesh National Women Lawyers Association (BNWLA) vs. Government of Bangladesh and Others. Writ Petition No. 5916 of 2008.

[22] Preventing discrimination and harassment of women at workplace.(2020). The Daily Star. Retrieved from https://bit.ly/3bm59yf. Accessed on: 02.02.2021.

[23] Chandra, G. (2019). The Trajectories of Hindu existence in Bangladesh: a politico legal exploration, ELCOP Year Book of Human Rights, p.15.

[24] Prodhan, M. (2016). The Educational System in Bangladesh and Scope for Improvement. Journal of International Social Issues.

[25] Bangladesh Madrasa Shikkha Adhidaptar website, Retrieved from: http://www.dme.gov.bd/site/page/. Accessed on: 08.02. 2021.

[26] MPO Vukto Hocche 2,783 Pratishthan.(2019, August 5). Prothom Alo. Retrieved from: https://tinyurl.com/ygfdk8yb. Accessed on: 08.02. 2021

[27] Parvin, S. (2019, October 23). Shikkha Protishthan MPO Vukti Ki O Tate Kar Lav?.British Broadcasting Corporation. Retrieved from: https://www.bbc.com/bengali/news-50156953. Accessed on: 08.02. 2021

[28] BANBEIS, 2018. Retrieved from: http://data.banbeis.gov.bd/images/ban005.pdf Accessed on: 08.02. 2021

[29] Baul, T.K., Bose, P.K., (2020). Religious Minorities of Bangladesh: How Protected are they under International Law?.Routledge.

[31] Ibid

[32] Ibid

[33] Ibid

[34] Ibid

[35] Ibid

[36] Ibid

[37] As per 2 (xxiv) of Bangladesh Labour Act, 2006 ‘executive committee’ in relation to a trade union means the body of persons, by whatever name called, to which the management of the affairs of a trade union is entrusted by its constitution.