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. This judgement, delivered by Justice Khizir Hayat, underscores that both the judiciary and all state authorities are bound by previous mandates preserving the quota system.
The decision references a 2013 Supreme Court Appellate Division ruling, affirming strict adherence to the quota for children of freedom fighters and removing the directive to keep posts vacant if the quota could not be fulfilled. Justice Hayat emphasized that violating the quota system is “contemptuous,” directing the government to maintain the quota for the descendants of freedom fighters and to continue other quotas for districts, women, physically challenged persons, tribes, minor races, and other ethnic groups. The government retains the authority to alter the ratios or percentages of these quotas at their discretion.
Furthermore, the court invalidated a 2018 circular that revoked special quotas reserved for the “backward section of people,” citing it lacked legal authority. The quota system was originally instated in 1972 following Bangladesh’s war for independence and the subsequent genocide of Bengalis in then-East Pakistan. Originally, it included a 30 percent quota for freedom fighters and a 10 percent quota for women affected by the conflict in government service.
Despite the ongoing relevance of this quota system, it has not been without controversy. The Appellant Division of Bangladesh’s Supreme Court had previously suspended the government service quota system for one month in response to widespread student protests in recent years.
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