Bangladesh’s High Court on Sunday released its decision to retain the 30 percent government job quota for the children of freedom fighters in the 1971 Bangladesh Liberation War. In the judgement delivered by Justice Khizir Hayat, the court found that both the judiciary and all authorities of the state machinery were bound by previous authority preserving the quota system.
The case in question was a 2013 decision of the Supreme Court’s Appellate Division, which affirmed that the 30 percent quota for children of freedom fighters system should be strictly adhered to and removed the direction to keep government posts vacant if the quota could not be fulfilled.
Justice Khizir Hayat held that violation of the quota system “is contemptuous,” directing the government of Bangladesh to put back in place the quota for the children and grandchildren of freedom fighters, as well as continue quotas for district, women, physically challenged person[s], tribes, minor races and other ethnic groups. The government was not restricted, however, from changing, reducing or increasing the ratio or percentage of quotas at their discretion.
Additionally, the court held that a 2018 circular that revoked special quotas “reserved for the backward section of people” was issued absent of legal authority and is legally invalid.
The quota system was instated in 1972 following Bangladesh’s war for independence and the genocide of Bengalis in then-East Pakistan. The government allocated a 30 percent quota or vacancies for freedom fighters and a 10 percent quota for women affected by the conflict in the government service.
Following widespread student protests, the Appellate Division of Bangladesh’s Supreme Court has suspended the government service quota system for one month.