RESEARCH MONOGRAPH ON PROTECTION TO WOMEN FROMEXPOSURE OF DOMESTIC VIOLENCE: BANGLADESH CONTEXT

Chapter IIntroduction

1.1 Introduction

One in every two women has experienced violence in anintimate partner at some point of her life. Thevulnerability among women due to the community sanctionedviolence is the combined impact of social, cultural,political, economic, and legal factors of the region.Domestic violence is the willful intimidation, physicalassault, battery, sexual assault, and/or other abusivebehavior perpetrated by an intimate partner againstanother. Violence against women is often accompanied byemotionally abusive and controlling behavior, and thus ispart of a systematic pattern of dominance and control.Domestic violence results in physical injury,psychological trauma, and sometimes death. Theconsequences of domestic violence can cross generationsand truly last a lifetime.

Domestic violence could take place in partnerships,including current spouses, former spouses. There is notime frame in the episode of Violence.

Statistical evidence on the actual prevalence of domesticviolence in Bangladesh is scant. Bangladeshi societymakes domestic violence invisible and leaves it cocoonedby feelings of guilt and embarrassment. Domestic violenceis one of the most chronically under reported crimes.Unfortunately, this attitude which makes domesticviolence an invisible factor in Bangladesh social fabricvitiates not only societal responses to the issue butalso institutional responses. Studies have repeatedlyshown that domestic violence is one of the few phenomenawhich cuts across all the cultural, socio-economic,educational, ethnic and religious barriers which usually

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divide society, and, absurdly enough, it seems toincrease with a rise in a woman's education but alsoprevails among the so-called elite of society.

In the last two decades, the Bangladeshi women’s movementhas contributed to a growing public awareness of violenceagainst women and especially against domestic violence.Women activists have mobilized and pressed forsignificant changes in the concern legislation and policeprocedures in order to address various acts of violence.In several international conventions, there has now beenexplicit acknowledgment of the state’s responsibility forhuman rights violations in both the public and privatespheres.

However, a more pressing problem is that although theselaws exist to combat domestic violence, it is extremelydifficult to ensure that they are implemented. Judicialrecords show that the conviction rates in cases ofdomestic violence are very low and these records don'ttake into consideration those cases which never even makeit to court. Studies have shown that battered womenpreferred to remain in abusive relationship especially ifwomen have nowhere to go.

1.2 Scope and Objectives

The wider socio cultural and structural factors leadingto domestic violence in the family is emphasized as suchdomestic violence is regarded here mainly as a socialproblem and hence amenable to intervention throughorganized social action and got importance as the subjectof study. To be precise, the Research Paper tries to findinformation on the over-all national situation regardingthe dimensions, frequency, type of such incidents, todescribe the current measures, intended to protectvictims of violence, emphasizing the response of law

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enforcement agencies and legal system to violence, tosuggest alternate strategies for reduction of domesticviolence. The sole purpose, however, of this paper is toshow how far the women is protected from the exposure ofdomestic violence and increase the need to addressinstitutional and support services to do aid thereon.While doing so, it also tries to make reference to andshare the experiences of some countries regardingprotection to women from the exposure of domesticviolence. Finally, it suggests some more ways in additionto existing support to protect the women from theexposure of domestic violence in the light of practicalexperience.

1.3 Methodology

This Research Paper is written primarily by taking helpof both the primary and secondary. The sources includerelevant statutory provisions, case laws in differentjurisdiction, reviewing literatures focused on Protectionto Women from the Exposure of Domestic Violence issues(e.g., books, journals, articles, reports andnewspapers), and searching the internet and interviewinguniversity professors, lecturers and professionals (e.g.,Family Law practicing Lawyers, Barrister, member of LawEnforcing Agencies). Specific references of the materialsused are given in the footnote of concerned chapters,while a detail account of references is available in thebibliography section. I also used data compiled bynational NGOs such as Ain-O-Salish Kendra (ASK), CAREBangladesh etc. Additionally, available publishedResearch Reports and Articles are taken intoconsideration while developing arguments and analysis ofdifferent dimensions of domestic violence against women.I have incorporated my observations while analyzing thenature and causes of the problem.

1.4 Limitation of the Research

There is a gulf of difference between proposing anddesigning a study on domestic violence and actually

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conducting one. The very first difficulty was the choiceof an appropriate method because the traditional methodof social research seemed to be inadequate for thepurpose. The main limitation of this paper is itsextensive dependency on journal and reports. Further,unavailability of data with regard to practical scenarioin relation to the research issue may also be termed asanother limitation.

1.5 Abstract of the Chapters

Keeping in perspective the research objectives, inaddition to this introductory chapter, there are eightchapters in this Research Paper.

Chapter One:

First chapter deals with the Introduction of the ResearchPaper. In another point, scope and objectives I havetried to present the importance of studying over thecaptioned topic. I have expressed my researchmethodology, by which resources I will do this researchpaper. I also tried to show the limitations which I havefaced while preparing this Research Paper.

Chapter Two:

Chapter two describes preliminary concept of domesticviolence including some of the prevalent notionsregarding domestic violence and stereotypes of violentcouple and how this affect social perception of domesticviolence.

Chapter Three:

Chapter three presents the reasons for domestic violenceand consequences of domestic violence. Special attentionis given of the upshot of the Millennium DevelopmentGoals by the consequences of domestic violence. To have a

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clear perspective, the socio-economic cost of domesticviolence is expressed in the wider context.

Chapter Four:

Chapter 4 presents about the international legalprotection of women against domestic violence throughUDHR, ICESCR, ICCPR, CEDAW and DEVAW and the role ofInternational Institution in this regard.

Chapter Five:

Chapter five presents practical scenario of domesticviolence and protection to women from its exposurethroughout the world.

Chapter Six:

Chapter six describes legal instrument in relation todomestic violence and protection to women from itsexposure in Bangladesh and actions undertaken by thegovernment or other bodies to reduce domestic violenceand provide service to the victim of violence.

Chapter Seven:

Chapter seven presents practical scenario of domesticviolence and protection to women from its exposure inBangladesh. In an attempt to arrive at a coherentexplanation relevant to home context, some ideas ofdomestic violence, researched elsewhere are alsoreviewed. While one would have liked to arrive atcomprehensive concept regarding domestic violence, theconclusion and inferences drawn here only tentative.

Chapter Eight:

Chapter eight describes judicial approach, role of Mediaand NGO to prevent and finish domestic violence.Decisions and guidelines on domestic violence from HigherJudiciary including status of implementation of

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Judgments/Guidelines on domestic violence is presented.

Chapter Nine:

Chapter nine summarizes the findings and offers somerecommendations which may be considered for future actionfor reduction of domestic violence.

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Chapter IIPreliminary Concept of Domestic Violence

2.1 Violence

Violence is "the intentional use of physical force orpower, threatened or actual, against oneself, anotherperson, or against a group or community, which eitherresults in or has a high likelihood of resulting ininjury, death, psychological harm, maldevelopment, ordeprivation."1 This definition associates intentionalitywith the committing of the act itself, irrespective ofthe outcome it produces. Generally, though, anything thatis turbulent or excited in an injurious, damaging ordestructive way, or presenting risk accordingly, may bedescribed as violent or occurring violently, even if notsignifying violence (by a person and against a person).

2.2 Forms of Violence

This Research Paper is an attempt to discuss some of themajor dimensions of violence against women in Bangladesh.Different types of violence against women take placequite frequently in Bangladesh such as domestic violence,acid violence, rape, gang rape, murder, forcedprostitution, “Eve-teasing” etc. Violence against womenin the family occurs in developed and developingcountries alike.2 It has long been considered a privatematter by bystanders, including neighbours, the communityand government.

2.2.1 Sexual harassment

Sexual harassment in the workplace is a growing concern1 Violence, See for details: http://en.wikipedia.org/wiki/Violence(Last visited on, 5 June, 2014) 2 Forms of Violence, See for details,http://criminal.findlaw.com/criminal-charges/domestic-violence.html(Last visited on, 5 June, 2014)

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for women. Employers abuse their authority to seek sexualfavours from their female co-workers or subordinates,sometimes promising promotions or other forms of careeradvancement or simply creating an untenable and hostilework environment.3 Women who refuse to give in to suchunwanted sexual advances often run the risk of anythingfrom demotion to dismissal.

2.2.2 Prostitution and trafficking

Many women are forced into prostitution or as a result ofthe difficult economic and social conditions in whichthey find themselves. They are also lured intoprostitution, sometimes by "mail-order bride" agenciesthat promise to find them a husband or a job in a foreigncountry. As a result, they very often find themselvesillegally confined in brothels in slavery-like conditionswhere they are physically abused and their passportswithheld.4

Victims of trafficking are generally trafficked forforced prostitution, but sometimes also for otherpurposes such as organ transplants and slave labor.Accurate statistical data about the number of women,young girls and boys trafficked from Bangladesh to servethe sex trade in neighboring countries is absent.

2.2.3 Economical violence

It is complex and specific form of violence as itsconsequences are not so obvious for other societymembers. This kind of violence is observed in all socialeconomical family levels. The most common forms ofviolence are: prohibition to work, rob of woman’s money,enforcement of woman to ask money for she’s own needs,strict control of family budget and autocratic financialdecisions, refuse to keep children living in family aswell as in case of divorce when children are assigned to3 Lotika Sarkar and B Sivaramayya, ‘Women and Law: Contemporary Problems’,1st Edition, Academic Publishers, 1994, Pg- 134 Ibid

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mother, refuse to give information about real state offamily’s property, in case of divorce especially beforeit all property is assigned to violators relatives orother persons.5

2.2.4 Psychological violence

It is dangerous, always deliberate, and intentionalaffect to humans mind, causing fear of particularnegative consequences because of further steps orinaction of violator. There are different forms ofpsychological violence against woman in the family:steady criticism, bawl and scolding, restrains of action,slight of emotions, mockery of creed, lie, manipulations,refuse to accompany wife in public places, disturbance ofrelations with family members and friends, humiliation inpublicity, assaults to kill or to abduct children.Physical violence is illegal, intentional, againstwoman‘s body committed physical action, aiming to kill,cause health damage, powerless condition, physical painor other kind of physical sufferings.6

There are several actions of physical violence: hitting,internal or external bodily injures and other actions ofviolence, use of cold steel or gun, liquids, materialsand etc. Harm and damage derived from violence maydiffer.

2.2.5 Torture by Husband/Wife Beating

Wife beating is the most commonly occurring act ofdomestic violence in Bangladesh. An international reportpublished by the United Nations in September of 2000ranked the country first in wife beating and found thatnearly half of the adult female population surveyedreported physical abuse by their husbands. This fact maybe startling to the international community, however, inBangladesh it is common knowledge that husbands exert5 Ibid6 Roushan Jahan, ‘Hidden Danger: Women and Family Violence’, Women forWomen, 1994, Pg- 19.

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their authority and physically assault wives for evenminor mistakes, such as an unsatisfactory meal, an untidyroom, a conversation with another man, or any act ofdisagreement or disobedience.

2.2.6 High-Risk Pregnancy

For the most part, married women in Bangladesh are notaware of their own sexual and reproductive rights, andhave only limited control over their own bodies. Awoman's freedom of choice regarding sexual intercourse,birth control, pregnancy, pre-natal care, and abortion isrestricted by the collaborative decision-making of herhusband and his family. A man has complete autonomy todetermine when he will have intercourse with his wife. Inthis situation, the husband is the aggressor and the wifemerely a passive participant. Similarly, a wife'spersonal convictions on birth control and family planningare irrelevant in decision-making; once again she plays apassive role to her husband's wishes. If the husbanddislikes birth control, for whatever reason, then thewife has no way of protecting herself from unwantedpregnancies.7

2.2.7 Acid Assaults

Acid assaults are another prevalent form of violence thatmay well be a phenomenon unique to Bangladesh. Acidattacks usually occur when men want to take revenge forthe refusal of proposals for sex or marriage, or whendemands for dowry are not met or when there is apolitical clash. Bangladesh has the highest worldwideincidence of acid violence and, acid burns constitute 9%of the total burn injuries in Bangladesh. Acid violenceinvolves throwing acid at a person's body to disfigureand scar the person for life.8

2.2.8 Victimization by Fatwa

7 Ibid8 Ibid

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In Bangladesh, however, this notion has been totallymisconceived and is used by half educated village mullahs(clerics) who actually are not scholars in Islam. TheseMullahs through the informal village justice system(shalish) punish women for so-called anti-social orimmoral activities. According to Islamic teaching, fatwais a religious edict based on Islamic principlespronounced by a religious scholar. In almost all thecases women are brought before the shalish simply fortheir involvement in extra marital affairs, marrying aman from different religion, giving birth to a childbefore marriage, complications due to oral divorcepronounced to a woman by her husband and so on.9

2.2.9 Dowry-related violence and early marriage

The practice of dowry demand (Joutuk) is not deeplyrooted in Bengali Muslim tradition, but has emerged as amajor social evil in recent years. Generally dowry meansthe property that the bride’s family gives to the groomor his family upon marriage.10

2.2.10 Murder and Suicide

Both women and men are victims of murder at the hands ofstrangers as well as known people including familymembers. Women are often murdered by their closestrelatives such as husband, brother, son and in-law asconsequence of family quarrel, demand for land, polygamy,husbands extra-marital affair or remarriage, demands fordowry, failure to give birth to children especially ason. In contrast men are murdered by their neighbours,acquaintances, even strangers as sequels to conflict,political clash or even attempts at robbery. Suicides and

9 Dr. Rabia Bhuiyan, ‘Gender & Tradition in Marriage & Divorce’, UnitedNations Educational, Scientific and Cultural Organization, 2009, Pg-197.10 Professor Dr. Taslima Monsoor, ‘Gender Equity and EconomicEmpowerment: Family Law and Women in Bangladesh’, British Council,EWLR, 2008, Pg- 42.

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murders are both forms of death due to intentionalinjury– in one case the death is caused by oneself, andin the other someone else is responsible for the death.11

2.2.11 Rape and Sexual Violence

Rape is one of the most brutal forms of violence againstwomen in Bangladesh. In a culture that holds a woman'schastity sacred, rape crimes are particularly injuriousto a woman's self-identity and social future as well asher physical and psychological wellbeing. The ever-increasing rate of rape crimes is an alarming phenomenonand depicts the diminishing value of women in society.12

According to Section 375 of the Bangladesh Penal Code,rape occurs when a man has intercourse with a woman ofany age without her consent.

2.2.12 Harassment at Work Places

Whether out of choice or out of compulsion, most of thewomen who are involved in the work place in all vitalsectors of country's economy may fall in the unorganizedsectors. They are ill-paid but don't leave the job due toincreasing unemployment. This need for survival drives torape situations. Harassment at work place is allpervasive. Women from all backgrounds are attacked eachyear at work.

2.2.13 Pornography

Another concern highlighted in the Special Rapporteur'sreport is pornography, which represents a form ofviolence against women that "glamorizes the degradationand maltreatment of women and asserts their subordinatefunction as mere receptacles for male lust".

2.2.14 Eve-teasing

11 D Kelly Weisberg, Susan Frelich Appleton, ‘Modern Family Law: Cases &Materials’, 2004, Pg- 109.12 Roushan Jahan, Supra Note- 6, Pg- 21.

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Eve-teasing is a great concern today in the discussion ofviolence against women in Bangladesh. Eve-teasing is nota new problem in Bangladesh. However, recently itsmagnitude has increased and it has become a big socialcrisis for the country. This emerging phenomenon,nowadays, is dealt with seriously by different types ofprofessionals, especially social activists and academics.The term ‘Eveteasing’ is an activity where the girls areteased by the boys. More specifically, it means when aboy or a group of boys try to disturb a girl or girls byyelling, showing sexual gesture and instruments,obstructing, offering bad proposal etc.

2.3 Domestic Violence

Domestic violence occurs when one person tries to coerceor control another person in a family-like or domesticrelationship. Domestic violence involves an abuse ofpower and can take the form of physical violence, sexualabuse, emotional or psychological abuse, verbal abuse,stalking and intimidation, social and geographicisolation, financial abuse, cruelty to pets, or damage toproperty or threats to be violent in these ways.13 In themajority of cases, domestic violence is perpetrated bymen against women.

2.4 Forms of Domestic Violence

There are different types of domestic abuse, includingemotional, psychological, physical, sexual, and financialabuse. Many abusers behave in ways that include more thanone type of domestic violence, and the boundaries betweensome of these behaviors are often quite blurred.14

2.4.1 Emotional or Psychological Abuse

13 Tony Wragg, ‘Nutshells: Family Law’, 8th Edition, Sweet & Maxwell, 2010,Pg- 6214 Forms of domestic violence, See for details:http://www.domesticviolencelondon.nhs.uk/1-what-is-domestic-violence-/2-forms-of-domestic-violence.html, (Last visited on 8 June,2014).

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Emotional or psychological abuse can be verbal ornonverbal. Its aim is to chip away at the confidence andindependence of victims with the intention of making hercompliant and limiting her ability to leave. Emotionalabuse includes verbal abuse such as yelling, name-calling, blaming and shaming. Isolation, intimidation,threats of violence and controlling behavior.

Many abused women define the psychological effects ofdomestic abuse as having a more profound effect on theirlives- even where there have been life-threatening ordisabling physical violence. Despite this, there isalmost always pressure to define domestic abuse in termsof actual or threatened, physical violence.

2.4.2 Physical Abuse

There are a broad range of behaviors that come under theheading of physical abuse including actions such aspunching; slapping; hitting; biting; pinching; kicking;pulling hair out; pushing; shoving; burning andstrangling. It should be noted that strangulation is themost common method of intimate partner homicide.

2.4.3 Sexual Abuse

Rape and sexual abuse is common in abusive relationshipsbecause a women's right to consent is likely to beignored. Any situation in which an individual is forcedto participate in unwanted, unsafe or degrading sexualactivity is sexual abuse. In addition, women whosepartners abuse them physically and sexually are thoughtto be at a higher risk of experiencing multiple andescalating assaults.

2.4.4 Economic or Financial Abuse

Economic or financial abuse aims to limit a victim'sability to access help. Tactics may include controllingthe finances; withholding money; making someone

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unreasonably account for money spent/petrol used;exploiting assets; withholding basic necessities;preventing someone from working; deliberately running updebts; forcing someone to work against their will andsabotaging someone's job.

2.4.5 Honour based violence

‘Honour' based violence (HBV) is a form of domestic abusewhich is perpetrated in the name of so called ‘honour'.The honour code which it refers to is set at thediscretion of male relatives and women who do not abideby the ‘rules' are then punished for bringing shame onthe family. Infringements may include a woman having aboyfriend; rejecting a forced marriage; interfaithrelationships; seeking divorce, inappropriate dress ormake-up and even kissing in a public place.

HBV can exist in any culture or community where males arein position to establish and enforce women's conduct,examples include: South Asian; Turkish; Kurdish; Afghani;African; Middle Eastern; South and Eastern European;Gypsy and the travelling community (this is not anexhaustive list).

Males can also be victims, sometimes as a consequence ofa relationship which is deemed to be inappropriate, ifthey are gay, have a disability or if they have assisteda victim.

This is not a crime which is perpetrated by men only,sometimes female relatives will support, incite orassist. It is also not unusual for younger relatives tobe selected to undertake the abuse as a way to protectsenior members of the family.

2.4.5 Forced Marriage

A forced marriage is a marriage that is performed underduress and without the full and informed consent or free

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will of both parties. Victims of forced marriage may bethe subject of physical violence, rape, abduction, falseimprisonment, enslavement, emotional abuse, and murder.It is important not to confuse ‘forced' marriage with‘arranged' marriage. In the instance of an ‘arranged'marriage both parties freely consent.

2.4.6 Female Genital Mutilation

Female genital mutilation (FGM), sometimes referred to asfemale circumcision, involves females, usually under theage of 16, undergoing procedures wrongly believed toensure their chastity and marital fidelity. Healthprofessionals are often best placed to identify women whohave experienced FGM.

The procedure can range from impairment to completeremoval of the labia and clitoris. This is often donewithout the young women's consent, anaesthetic or withregard for infection. It is estimated that every year twomillion women will undergo genital mutilation.

2.4.6 Elder Abuse

Domestic abuse can include elder abuse. This is whereharm is done, or distress caused, to an older personwithin a relationship where there is an expectation oftrust. Most victims of elder abuse are older women with achronic illness or disability. Again, the most typicalabusers are partners, adult children, or family members.

2.4.7 Teen ‘dating’ abuse

Domestic abuse is not limited to adults; there is anincreasing awareness of domestic violence within teenrelationships. Teenage girls have been assaulted by aboyfriend. Young women are more likely to experiencesexual violence then other age groups. Young women witholder partners are at increased risk of victimisation.

2.4.7 Domestic abuse during pregnancy16

Domestic abuse during pregnancy is a major public healthconcern with serious consequences for maternal and infanthealth. Where abuse occurs during pregnancy, injury tothe abdomen, breasts and genitals are common. It followsthat domestic abuse is a factor in a significantproportion of maternal and perinatal mortality andmorbidity. Commonly violence during pregnancy can causeplacental separation, foetal fractures, antepartumhaemorrhage, rupture of the uterus and pre-term labour.Abuse can also indirectly impact upon the health of awoman and her baby through poor diet and restrictedaccess to antenatal care.

2.4.8 Stalking

While stalking may be perpetrated by strangers oracquaintances, stalking is most often committed againstwomen by former or current partners. Any allegation ofstalking should be taken very seriously as it issynonymous with increased risk of serious harm or murder.

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Chapter IIICauses and Consequences of Domestic Violence

3.1 Reasons for Domestic Violence

Abusers choose to behave violently to get what they wantand gain control. Their behaviour often originates from asense of entitlement which is often supported by sexist,racist, homophobic and other discriminatory attitudes.

Domestic violence against women by men is 'caused' by themisuse of power and control within a context of maleprivilege. Male privilege operates on an individual andsocietal level to maintain a situation of male dominance,where men have power over women and children.Perpetrators of domestic violence choose to behaveabusively to get what they want and gain control. Theirbehaviour often originates from a sense of entitlementwhich is often supported by sexist, racist, homophobicand other discriminatory attitudes. In this way, domesticviolence by men against women can be seen as aconsequence of the inequalities between men and women,rooted in patriarchal traditions that encourage men tobelieve they are entitled to power and control over theirpartners.

Bhuiya et al15 reported that the most frequently mentionedreasons for verbal abuse included wife’s questioning ofthe husband on day to day affairs (29.1%) followed byfailure of the wife to perform household worksatisfactorily (17.6%), economic hardship of the family(11.5%), failure of the wife to take proper care of thechildren (10%), not wearing the veil or conforming toother expected behaviour (5.5%), inability to bring moneyfrom the natal home (3%), not taking good care of in-lawsand relatives (2%).

15 A Bhuiya, T Sharmin, S Hanifi, Nature of Domestic Violence againstWomen in a Rural Area of Bangladesh: Implication for PreventiveInterventions, J Health Popul Nutr, 21(1): 48-54, ICDDR,B: Centre forHealth and Population Research.

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The rest of the reasons included supporting the natalhome, failure to have children, having too many children,dark complexion of children, family feud between thehusband’s family and natal family and suspected relationwith others. Similarly, the most frequently mentionedreasons for physical abuse included questioning of thehusband (29.9%), failure to perform household worksatisfactorily (18.8%), economic problems (9.4%), failureto take care of children properly (5.1%), stealing(3.4%), refusal to bring dowry from natal home (2.6%).

Jahan16 reported that family quarrel was the reason givenby most of the women as the cause of violence. Familyquarrel was referred to as a value term that includedmany specific reasons such as husband’s dissatisfactionover wife’s management of expenses, house keeping andchild care, jealousy and suspicious nature, exaggeratedsense of superiority over a wife as reflected inhousehold decision making, sexual maladjustment and such.The reasons for discord were found to be exacerbated bystress resulting from prolonged illness in the family,sudden financial loss, loss of job and aggravation by in-laws. Non-payment of dowry was the next most importantcause mentioned for violence.

3.1.1 Swift of factors that perpetuate domestic violence:

Cultural:

i. Gender-specific socialization;ii. Cultural definitions of appropriate sex roles;iii. Expectations of roles within relationships;iv. Belief in the inherent superiority of males;v. Values that give men proprietary rights over women

and girls;vi. Notion of the family as the private sphere and

under male control;vii. Customs of marriage (dowry);

16 Roushan Jahan, Supra Note- 6, Pg- 165.19

viii. Acceptability of violence as a means to resolveconflict;

Economic:

i. Women’s economic dependence on men;ii. Limited access to cash and credit;iii. Non-implementation of laws regarding

inheritance, property rights, and maintenance afterdivorce or widowhood;

iv. Limited access to employment in formal andinformal sectors;

v. Limited access to education and training forwomen;

Legal:

i. Lesser legal status of women either by written lawand/or by practice;

ii. Laws regarding divorce, child custody, maintenanceand inheritance;

iii. Legal definitions of rape and domestic abuse;iv. Low levels of legal literacy among women;v. Insensitive treatment of women and girls by police

and judiciary;

Political:

i. Under-representation of women in power, politics,the media and in the legal and medical professions;

ii. Domestic violence not taken seriously;iii. Notions of family being private and beyond control

of the state;iv. Risk of challenge to status quo/religious laws;v. Limited organization of women as a political

force;vi. Limited participation of women in organized

political system.

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3.2 Consequences of Domestic Violence

There is a growing recognition that countries cannotreach their full potential as long as women’s potentialto participate fully in their society is denied. Data onthe social, economic and health costs of violence leaveno doubt that violence against women undermines progresstowards human and economic development.17 Women’sparticipation has become key in all social developmentprogrammes, be they environmental, for povertyalleviation, or for good governance. By hampering thefull involvement and participation of women, countriesare eroding the human capital of half their populations.True indicators of a country’s commitment to genderequality lie in its actions to eliminate violence againstwomen in all its forms and in all areas of life.

Perhaps the most crucial consequence of domestic violenceis the denial of fundamental human rights to women.International human rights instruments such as theUniversal Declaration of Human Rights (UDHR), adopted in1948, the Convention on the Elimination of All Forms ofDiscrimination Against Women (CEDAW), adopted in 1979,affirm the principles of fundamental rights and freedomsof every human being. CEDAW is guided by a broad conceptof human rights that stretches beyond civil and politicalrights to the core issues of economic survival, health,and education that affect the quality of daily life formost women.18

The two Conventions call for the right to protection fromgender-based abuse and neglect. The strength of thesetreaties rests on an international consensus, and theassumption that all practices that harm women, no matterhow deeply they are embedded in culture, must be

17 S.R. Schuler, S.M. Hashemi, A.P. Riley, and S. Akhter, CreditPrograms, Patriarchy and Men’s Violence against Women in RuralBangladesh, Soc. Sci. Medicine Vol 63, No 12, pp 1729-1742, 2007.18 United Nations ECOSOC, Report of the Special Rapporteur on ViolenceAgainst Women, E/CN.4/1996/53 para 33

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eradicated.

Legally binding under international law for governmentsthat have ratified them, these treaties obligegovernments not only to protect women from crimes ofviolence, but also to investigate violations when theyoccur and to bring the perpetrators to justice.

Consequences in nucleus:

i. Violence against women generates poverty.ii. Violence against women hampers education.iii. Violence against women imperils gender equality.iv. Violence against women can kill infants.v. Violence threatens the health of women and girls.

3.2.1 Violence against Women and the MillenniumDevelopment Goals

In 2000, the international community pledged to halve thenumber of people who live in extreme poverty by the year2015. The resulting Millennium Declaration was followedby the establishment of the Millennium Development Goals(MDGs). Importantly, the MDGs set out clear deadlines touse to monitor progress towards meeting these targets.“Gender equality” is included as a specific developmentgoal.

Moreover, the Millennium Declaration recognises theimportance of gender equality for the achievement of allof the MDGs and, therefore, adds a renewed urgency toefforts to eradicate violence against women: “Men andwomen have the right to live their lives and raise theirchildren in dignity, free from hunger and from the fearof violence, oppression or injustice.”

To achieve this, it is necessary to “combat all forms ofviolence against women and to implement the Convention onthe Elimination of All Forms of Discrimination againstWomen.” (Millennium Declaration, 2000) The UN MillenniumProject Task Force on Education and Gender has identified

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the eradication of violence against women as one of sevenstrategic priorities that constitute the minimumnecessary to empower women and alter the historicallegacy of female disadvantage that is evident in mostsocieties. (UN Millennium Project, 2005).

3.3 Calculating the Socio-Economic Cost of DomesticViolence

Women experiencing domestic violence or living with itsconsequences are under-reported because in most casesviolence is considered as personal or family matter.Moreover, the way of treating women socially is notgender-sensitive, and sometimes the fears of increasingsufferings or vulnerability by the victim reduce thenumber of violence to be reported and even expressed toothers.19 A significant number of domestic violence inBangladesh is under-reported due to social stigma; womenare accused of provoking the violence by theirdisobedience, failure as a wife, or infidelity; in fact,they have to consider the tradeoffs between sufferings ofviolence and losing reputation in the society whichcontributes to the fewer reporting of the domesticviolence in Bangladesh.20

Though, women report about domestic violence only when itbecomes a serious problem or threats to life. Themagnitude is so high that Bangladesh ranked second in2002 (The Independent, 2002) and fourth ( The Daily Star,2003) in 2003 in the world in terms of different forms ofviolence against women; and sixty-five percent ofBangladeshi men perceived wife beating as justified21.19 S.M. Ahmed, Intimate Partner Violence against Women: Experiencesfrom a Woman-focused Development, Programme in Matlab, Bangladesh,(2010) J Health Popul Nutr, 23(1): 95-101, ICDDR,B: Centre for Healthand Population Research.20 K. Anan, 'A World Free of Violence against Women', United NationsInter-Agency Global Video Conference, 8 March 1999.<http://www.unifem.org/gender_issues/violence_against_women/facts_figures. php (Last visited on 15 June 2014).21 Immigration and Refugee Board of Canada (2010) Bangladesh: Violenceagainst Women, Especially Domestic Violence; State Protection and

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Odhikar, a human rights coalition group in Bangladesh,reported that at the first nine month of 2003, inBangladesh 278 women were victims of dowry relatedviolence among those 184 were killed, 20 committedsuicide, 67 were physically tortured, 11 sustainedinjuries from acid attacks and 2 were divorced.22

Farouk in her paper prepared for the Expert Group Meetingof UN Division for the Advancement of Women summarizedthe domestic violence reports from 9 leading dailynewspapers and observed that number of domestic violencehas increased from 530 in 2001 to 1164 cases in 2004;moreover, in 2000 Bangladesh ranked first in wife-beating.23

According to recent research by International Center forDiarrhoeal Disease Research-Bangladesh (2006), “60 percent of women in Bangladesh experience some form ofdomestic violence during their lives.24 One Stop CrisisCentre, a Bangladesh based NGO that supports womenvictims of violence, reveals that almost 70 per cent ofsexual abuse suffered by women occurs within their ownhomes. An estimated 200 women are murdered each year inBangladesh when their families cannot pay their dowry,says Oxfam Australia”25.

Resources Available to Survivors of Abuse,<http://www.unhcr.org/refworld/docid/403dd1e40.html>m (Last visitedon 16 June 2014).22 CEDAW Committee (1992) General Recommendation No.19 (llth session,1992),<http://www.un.org/womenwatch/daw/cedaw/recommendations/recomm.htm#recom19, (Last visited on 16 June 2014).23 S.A. Farouk, Violence against Women: A Statistical Overview,Challenges and gaps in Data Collection and Methodology and Approachesfor Overcoming Them, Expert Group Meeting, DAW, ECE and WHO,Geneva,11-14 April 2005, UN Division for the Advancement of Women24 International Center for Diarrhoeal Disease Research-Bangladesh(2006) Domestic Violence against Women in Bangladesh,<https://centre.icddrb.org/pub/publication.jsp?classificationID=56&pubID=7197> (Last visited on 3 June 2014).25 UNICEF, Domestic Violence against Women and Girls,

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Domestic violence is now seriously undertaken by nationaland international bodies due to its direct adverseconsequences to women’s physical, mental, sexual andreproductive health as well as socioeconomicconsequences. Spousal violence against women is aneveryday matter which results in problems both forsociety and for the women.

Violence in marriage or within families is perceived asthe most undesirable situation for women because at homewhere they should have security and worthy position,instead they are usually in threats of possibleintentional attacks by the closest ones whichconsequently have physical impact as well as mentaltolls. Female homicides, maternal mortality, injuries,pain, dizziness, memory loss, problems with walking andcarrying out daily activities are the direct healthproblems for women in Bangladesh caused from physicalviolence.

Most of the physically violated women suffer injuries asa result of this violence. Spousal violence injuriesadversely affect the health of women which sometime evencauses death of many women. A study observed that almosthalf household deaths of women in Bangladesh occur forserious beating by husband26. Moreover, domestic violencecarries a risk of death instigating the idea of themeaninglessness of life which encourage women to killthemselves. Physically and/or sexually violated womenface different reproductive health problems, such aspelvic pain, reproductive tract infections, symptoms ofirritable bowel syndrome, gynecological problems at thetime of pregnancy, miscarriage and low birth weightbabies, low rate of contraceptive use, even abusivehusbands suffer from sexually transmitted diseases (STD)

<http://www.unicefirc. org/publications/pdf/digest6e.pdf> p.2 (Lastvisited on 9 June 2014).26 World Health Organization (2005) WHO Multi-country Study on Women’sHealth and Domestic Violence against Women, Geneva, Department ofGender and Women’s Health, WH

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that ultimately makes women vulnerable to STDs as well asfear, anxiety, fatigue, posttraumatic stress disorder,sleeping and eating disturbances are the commonpsychological problems suffered by abused women.27

Though an economic cost of domestic violence is importantfor the community it is not well addressed in analysisespecially in developing countries. The US Centers forDisease Control and Prevention identified direct andindirect costs of domestic violence including healthcare,judicial, and social services, and value of loss ofproductivity from work and the lifetime earnings fordomestic violence deaths; and found that in 1995 domesticviolence costs $4 billion for healthcare services inUS.28 In Bangladesh, there is still a gap in estimatingthe economic costs of domestic violence.

27 F.F. Fikreeu, and L.I. Bhatti,Domestic Violence and Health ofPakistani Women, Journal of Gynecology & Obstetrics 65 (1999):195-20128 A. Morrison,, M. Ellsberg and S. Bott, Addressing Gender-BasedViolence: A Critical Review of Interventions, the World Bank ResearchObserver, 2007 Oxford University Press.

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Chapter IVInternational Legal Protection of Women against

Domestic Violence

International human rights frameworks provide severalprovisions to protect women from any kind of violationand exploitation derived within and beyond personal life.Notably, equal rights of men and women have been laiddown in the national and international human rightstreaties. The Universal Declaration of Human Rights 1948followed by the International Covenant on Economic,Social and Cultural Rights (ICESCR) and the InternationalCovenant on Civil and Political Rights (ICCPR) in thefirst instance provide the initial basis for equal rightto men and women. Next to these, the Convention toEliminate Discrimination against Women (CEDAW) ultimatelyholds ratifying states accountable for insuring thatwomen's rights are protected under the ICCPR and theICESCR. Additionally, this convention provides aframework in which ratifying states are held accountableto change cultural norms that oppress women and to enactwomen-sensitive policies.

In 1992, General Recommendation No. 19 was added toCEDAW, which more explicitly addresses the issue ofviolence against women by stating that gender-basedviolence is discriminatory.29 The recommendation alsonotes that previous state reports to the committee didnot "adequately reflect the close connection betweendiscrimination against women, gender-based violence, andviolations of human rights and fundamental freedoms".

As a result of this deficit, the committee proposedGeneral Recommendation No. 19 to provide a more specificlinking of violence against women and discrimination sothat state parties would address the issue of VAW in29 For more information on the United Nations Convention on theElimination of all Forms of Discrimination on Women (CEDAW) and theGeneral Recommendations made by the CEDAW Committee seehttp://www.un.org/womenwatch/daw/cedaw/recommendations/recomm.htm,(Last visited on 20 June 2014).

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their reviews and report to the committee.30

Subsequently, a new addition was developed, ‘theDeclaration on the Elimination of Violence against Women1993’ at World Conference on Human Rights in Vienna. Thedeclaration was developed through input from threeregional nongovernmental caucuses and preparatoryconferences held in Africa, Latin America and theCaribbean, and Asia.31 This convention defines violenceagainst women as physical, sexual, and/or psychologicalviolence within the family, the community, and/or anyviolence that is condoned by the state. Some examplesincluded in the definition are marital rape and spousalabuse, sexual harassment, and so on. Although non-binding, the declaration has been viewed as a significantstep in the attempt to universalize concern aboutviolence against women.

4.1 Legal Instrument

Early human rights law enacted by the United Nations isrelevant to domestic violence. The International Bill ofHuman Rights consists of The Universal Declaration ofHuman Rights, adopted by the United Nations GeneralAssembly in 1948, and its implementing covenants, theInternational Covenant on Civil and Political Rights(ICCPR) and the International Covenant on Economic,Social and Cultural Rights (ICESCR), which entered intoforce in 1976. While these documents do not explicitlyaddress domestic violence, they, along with the OptionalProtocol to the ICCPR, articulate a state’s duty toprotect fundamental human rights that are commonlyviolated in domestic violence cases. Those rights includethe right to life, the right to physical and mentalintegrity, the right to equal protection of the laws and30 K. Morgaine, 'Domestic Violence and Human Rights: Local Challengesto a Universal Framework', J.Soc.& Soc.Welfare, (2007), 34: 109.31 World Bank, World Development Report 1993: Investing in Health,Oxford University Press, New York (1993).

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the right to be free from discrimination.

4.1.1 UDHR

There is perhaps no text with a broader impact on ourlives than the 1948 Universal Declaration of Human Rights(UDHR). It is strange, therefore, that historians havepaid so little attention to the UDHR. Sixty years ago, onDecember 10, 1948, the United Nations (UN) adopted theUniversal Declaration of Human Rights (UDHR) withoutdissent. Although the UDHR has no legal force, as thesingle most important statement of ethics, its authorityis unparalleled. Many legal experts estimate that it hasacquired the status of international customary law. TheUDHR is the world’s most translated document, now in some360 languages.32

Two binding treaties, the International Covenant on Civiland Political Rights (ICCPR), and the InternationalCovenant on Economic, Social and Cultural Rights(ICESCR), are derived from it. Both were adopted in 1966and entered into force ten years later. Together, thesethree texts form the International Bill of Human Rights.33

The Bill continues a tradition of three centuries ofhuman-rights thinking and more than two millennia ofnatural law. In its turn, it has inspired dozens oftreaties. International courts and the constitutions ofmost countries use human rights as a central concept.

4.1.2 ICESCR

The International Covenant on Economic, Social andCultural Rights (ICESCR) is a multilateral treaty adopted32 “Inventory of United Nations system activities to prevent andeliminate violence against women”, available at:http://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf, (Last visited on 30 June2014).33 “Violence Against Women in South Asia: A regional Analysis.” UNFPABangladesh and Country Technical Services Team for South and WestAsia.

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by the United Nations General Assembly on 16 December1966, and in force from 3 January 1976. It commits itsparties to work toward the granting of economic, social,and cultural rights (ESCR) to the Non-Self-Governing andTrust Territories and individuals, including labourrights and the right to health, the right to education,and the right to an adequate standard of living.34 As of2014, the Covenant had 162 parties. A further sevencountries, including the United States of America, hadsigned but not yet ratified the Covenant.

The ICESCR is part of the Declaration on the Granting ofIndependence to Colonial Countries and Peoples,International Bill of Human Rights, along with theUniversal Declaration of Human Rights (UDHR) and theInternational Covenant on Civil and Political Rights(ICCPR), including the latter's first and second OptionalProtocols. The Covenant is monitored by the UN Committeeon Economic, Social and Cultural Rights.35

4.1.3 ICCPR

The International Covenant on Civil and Political Rights(ICCPR) is a multilateral treaty adopted by the UnitedNations General Assembly on 16 December 1966, and inforce from 23 March 1976. It commits its parties torespect the civil and political rights of individuals,including the right to life, freedom of religion, freedomof speech, freedom of assembly, electoral rights andrights to due process and a fair trial. As of April 2014,the Covenant has 74 signatories and 168 parties.36

34 See for details:http://www.ohchr.org/EN/ProfessionalInterest/Pages/CESCR.aspx, (Lastvisited on 1 July 2014).35 Good practices in legislation on violence against women. Expertgroup meeting organized by United Nations Division for theAdvancement of Women and the United Nations Office on Drugs andCrime. available at:http://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf, (Last visited on 1 July 2014).36 See for details:

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The ICCPR is part of the Declaration on the Granting ofIndependence to Colonial Countries and Peoples,International Bill of Human Rights, along with theInternational Covenant on Economic, Social and CulturalRights (ICESCR) and the Universal Declaration of HumanRights (UDHR).

The ICCPR is monitored by the United Nations Human RightsCommittee (a separate body to the United Nations HumanRights Council), which reviews regular reports of Statesparties on how the rights are being implemented. Statesmust report initially one year after acceding to theCovenant and then whenever the Committee requests(usually every four years). The Committee normally meetsin Geneva and normally holds three sessions per year.37

4.1.4 CEDAW

The Convention on the Elimination of All Forms ofDiscrimination Against Women, entered into force in 1981,also does not explicitly include language on violenceagainst women or domestic violence but guarantees thehuman rights listed above. In 1992, the Committee on theElimination of All Forms of Discrimination Against Women(CEDAW), which is the United Nations committee chargedwith monitoring the Convention. This recommendationaddresses the Women’s Convention’s silence on violenceand states that gender-based violence is a “form ofdiscrimination which seriously inhibits women’s abilityto enjoy rights and freedoms on a basis of equality withmen.” This recommendation was the first time a humanrights treaty or convention was officially interpreted toprohibit violence against women. The recommendation made

http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx, (Lastvisited on 3 July 2014). 37 Final Activity Report. Council of Europe Task Force to CombatViolence against Women, including Domestic Violence (EG-TFV).September 2008.,http://www.austlii.edu.au/au/other/dfat/treaties/1980/23.html, (Last visited on 3 July 2014).

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clear that domestic violence was included.38

The Convention defines discrimination against women as"...any distinction, exclusion or restriction made on thebasis of sex which has the effect or purpose of impairingor nullifying the recognition, enjoyment or exercise bywomen, irrespective of their marital status, on a basisof equality of men and women, of human rights andfundamental freedoms in the political, economic, social,cultural, civil or any other field."39

By accepting the Convention, States commit themselves toundertake a series of measures to end discriminationagainst women in all forms, including:40

a. to incorporate the principle of equality of men andwomen in their legal system, abolish alldiscriminatory laws and adopt appropriate onesprohibiting discrimination against women;

b. to establish tribunals and other public institutionsto ensure the effective protection of women againstdiscrimination; and

c. to ensure elimination of all acts of discriminationagainst women by persons, organizations orenterprises.

The Convention provides the basis for realizing equalitybetween women and men through ensuring women's equalaccess to, and equal opportunities in, political andpublic life- including the right to vote and to stand forelection- as well as education, health and employment.States parties agree to take all appropriate measures,including legislation and temporary special measures, so38 http://www.un.org/womenwatch/daw/cedaw/, 39 Rahim Kanani, “An In-Depth Interview With Zainab Salbi, Founder andCEO of Women for Women International.” Huffington Post, available at:http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx, (Last visited on 8 July 2014).40 Ibid.

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that women can enjoy all their human rights andfundamental freedoms.

The Convention is the only human rights treaty whichaffirms the reproductive rights of women and targetsculture and tradition as influential forces shapinggender roles and family relations. It affirms women'srights to acquire, change or retain their nationality andthe nationality of their children. States parties alsoagree to take appropriate measures against all forms oftraffic in women and exploitation of women.

Countries that have ratified or acceded to the Conventionare legally bound to put its provisions into practice.They are also committed to submit national reports, atleast every four years, on measures they have taken tocomply with their treaty obligations.

4.1.5 The Declaration on the Elimination of ViolenceAgainst Women

In 1993, the United Nations General Assembly adopted theDeclaration on the Elimination of Violence Against Women(DEVAW). This landmark document was a result of effortswithin the United Nations Commission on the Status ofWomen (CSW) and the Economic and Social Council (ECOSOC).While DEVAW does not have the binding legal authority ofa convention or treaty, as a United Nations GeneralAssembly declaration, it is universal in coverage and astrong statement of principle to the internationalcommunity. Identifying the subordination of women as aprinciple cause of domestic violence, DEVAW states,“violence against women is a manifestation ofhistorically unequal power relations between men andwomen, which have led to domination over anddiscrimination against women by men.” DEVAW condemns thecrucial social mechanisms by which women are forced intoa subordinate position as compared with men” and definesviolence as that occurring both in “private or publiclife.”41

41 Please see for details:33

Importantly, DEVAW provides specific steps member statesshould take to combat domestic violence, including legalsystem reform. DEVAW provides that states shouldinvestigate and punish acts of domestic violence, developcomprehensive legal, political, administrative andcultural programs to prevent violence against women,provide training to law enforcement officials and promoteresearch and collect statistics relating to theprevalence of domestic violence.

4.2 International Institution

4.2.1 United Nations (UN) Efforts

Nearly every UN body addresses the issue of violenceagainst women and, even more incredible, many of thesebodies communicate and work together on this issue. TheUN has mapped efforts in 10 categories:42

i. Inter-agency mechanisms and activities:ii. International legal and policy development;iii. Enhanced capacity of UN entity in relation to

violence against women; iv. Support for legislative development;v. Support for policy development;vi. Prevention, including awareness-raising and

advocacy;vii. Protection, support and services for

victims/survivors;viii. Data collection, analysis and research;ix. Training and capacity-building; andx. Measures to address sexual violence in conflict

situations.

http://www.un.org/womenwatch/daw/vaw/handbook/Handbook%20for%20legislation%20on%20violence%20against%20women.pdf, (Last visited on 5July 2014).42 “Inventory of United Nations system activities to prevent andeliminate violence against women.” Available at:http://www.globalization101.org/a-global-challenge-protecting-women-against-violence/, (Last visited on 9 July 2014).

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Some of the inter and intra-agencies efforts include:

1. Secretary-General Moon’s Campaign “Unite to EndViolence Against Women, 2008-2015, which proposesthat countries: adopt and enforce nationallegislation in-line with international human rightsstandards; adopt and implement multi-sectoralnational action plans; establish data collection andanalysis systems; establish national and/or localawareness-raising campaigns; develop systematicefforts to address sexual violence in conflictsituations.

2. Inter-Agency Network on Women and Gender EqualityTask Force on Violence Against Women which supportsand monitors the implementation of the BeijingDeclaration and Platform for Action and other UNGAsessions and conferences.

3. UN Action against Sexual Violence in Conflict, whichcombines efforts across 13 UN bodies that addresssexual violence during/after armed conflicts.

4. UN Trust Fund, which offers grant to governments,NGOs, and UN country teams to end violence againstwomen.

5. Inter-Agency Standing Committee Sub Working Group onGender and Humanitarian Action, which is a forum ofUN and non-UN humanitarian partners (such as IRC andIOM) for coordination, policy development anddecision-making on violence against women inconflict, post-conflict, and humanitariansituations.

6. Executive Committees on Humanitarian Affairs andPeace and Security UN and NGO Task Force onProtection from Sexual Exploitation and Abuse, whichis a 35- member (UN and non-UN entities) task-forceto prevent sexual exploitation and improve responses

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to it.

The UN has multiple conventions, policy instruments, andresolutions that guide its efforts to eliminate violenceagainst women: CEDAW; Protocol to Prevent, Suppress andPunish Trafficking in Persons, Especially Women andChildren; Beijing Platform for Action and outcomedocuments; Millennium Declaration by heads of state tocombat violence against women; Security Councilresolutions 1325, 1820, 1888,1889, and more. The UNCommission of Human Rights also has Special Rapporteur onViolence against Women who works with governments andNGOs.43

The UN works with various stakeholders, such asgovernments, NGOs, and regional bodies. It has setstandards and goals within its various projects andinitiatives that, if achieved, would clearly make a largedent in the problem.44

One area though, where the UN has not provided anexemplary model is the level of representation of womenin decision-making positions on peace talks and post-conflict planning. For example, only eight percent ofpeace talks have included women at any level; women havenever served as chief negotiator in any UN-sponsoredtalks; and, only two percent of peace agreementsignatories were women.45

4.2.2 Regional Efforts

The European Union has introduced binding and non-bindinglegal instruments to further gender equality in itsmember states, but has not introduced a legally bindinginstrument on violence against women. Member states

43 Final Activity Report. Council of Europe Task Force to CombatViolence against Women, including Domestic Violence (EG-TFV),available at, http://www.globalization101.org/a-global-challenge-protecting-women-against-violence/, (Last visited on 3 July 2014).44 Ibid.45 Ibid.

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retain their regulatory power to address this issue. TheEU is developing a framework for data collection oncrime, including domestic violence and trafficking.Additionally, the European Court of Human Rights hasdeveloped a body of case-law on positive stateobligations to provide protection against violenceagainst women.46

The Organization of American States (OAS) adopted alegally binding convention to combat violence againstwomen (Inter-American Convention on the Prevention,Punishment and Eradication of Violence against Women),which was adopted by 32 member states. Government mustreport progress. NGOs can petition the Inter-AmericanCourt of Human Rights if the State commitments have notbeen met.

The African Union adopted a legally binding instrument,the Protocol on the Rights of Women in Africa, to protectAfrican women from discrimination in the economic, civil,and political spheres. It also calls for protectionsagainst violence against women, but does not have anindependent complaints mechanism.

The South Asia Association for Regional Cooperation(SAARC) Convention on Preventing and Combating theTrafficking in Women addresses the issue in South Asia.Regional task-forces meet annually to monitorimplementation.47

46 “Gender Related Issues.” South Asia Association for RegionalCooperation. See for details: http://www.globalization101.org/a-global-challenge-protecting-women-against-violence/, (Last visited on9 July 2014).47 Ibid.

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Chapter VPractical Scenario of Domestic Violence and

Protection to Women from its Exposure throughout theWorld

Despite having equal rights and status in most countries,violence against women is still rampant and homes becometorture chambers for women.48 Domestic violence is one ofthe most common forms of torture in women49 and is a majorinternational social and public health problem in bothdeveloped and developing countries.

The United Nations defines “domestic violence” asviolence that occurs within the private sphere, mainlybetween individuals who are related through intimacy,blood, or law.50 According to a report by the UNInternational Children’s Fund (UNICEF), up to half of theworld’s female population has suffered abuse at the handsof those closest to them at some point in their lives.51

Domestic violence is a pervasive violence of women’shuman rights and has been resistant to social advancesbecause of its “hidden” nature. Such violence is aproblem in every country of the world and almostuniversally under-reported. It has no relation with race,class or educational status.52The Massachusetts-basedWomen’s Rights Network (WRN)53 was founded in 1995 in

48 I. Kira Assessing and responding to secondary traumatisation in thesurvivors’ families. Torture 2004; 14:38-45.49 MR. Rand, Violence-related injuries treated in hospital emergencydepartments. Bureau of justice statistics special report. Washington, DC: USDepartment of Justice, 1997.50 C. Johnson, Domestic violence: the cost to society, challenge todevelopment. Gend Action 1997;1(4):2-3.51 Half of world’s women are victim of domestic violence. Reprowatch2000;23(5-6):6.52 A Levack, Blankson-seck N. Exploring the impact of domestic violence onreproductive health. AVSC News 1999 spring;37:1, 4.53 K Slote, C Cuthbert. Women’s Rights Network(WRN). Violence Against Women1997;3(1):76-80.

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response to the need to develop collaborative, cross-cultural and international strategies to eliminatedomestic violence. To date, the WRN offers a resourcecenter documenting strategies used around the world toend domestic violence.

5.1 Global Nature of Domestic Violence

Females can suffer from violence throughout their “lifecycle” as fetuses may be aborted just because they arefemale, infants may be killed because they are female,girls may be neglected or subjected to various othertypes of abuse, adolescents may be raped, married womenmay be beaten, raped or killed by their husbands andwidows may be neglected. The female infanticide and sexselective abortions that are caused by son preferencehave led to an imbalance in sex ratios characterized bymillions of females “missing” from populations in Asia,China and North Africa. Some most prevalent and commonincidences of violence against women have been discussedas follows:

5.1.1. Overall Physical Violence

Physical violence against women during their lifetime isexpressed as a percentage of women, out of the totalnumber of women that experienced this at least once intheir lifetime (usually after age 15). As already noted,data are usually collected on the physical violence womensuffered both during their whole lifetime .Physicalviolence consists of acts aimed at hurting the victim andinclude, but are not limited, to pushing, grabbing,twisting the arm, pulling the hair, slapping, kicking,biting or hitting with the fist or an object, to tryingto strangle or suffocate, burning or scalding on purposeand attacking with some sort of weapon, a gun or knife. The proportion of women exposed to physical violence in

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their lifetime ranges from 12 per cent in China, HongKong SAR and 13 per cent in Azerbaijan to about a half ormore in Australia and Mozambique (48 per cent), the CzechRepublic (51 per cent) and Zambia (59 per cent). Still,over one-tenth of women report recent abuse in CostaRica, the Republic of Moldova, the Czech Republic andMozambique54.

5.1.2 Intimate Partner Physical Violence

Violence that women suffer from their intimate partnerscarries particularly serious and potentially long-lastingconsequences, as it tends to be repetitive andaccompanied by psychological and sexual violence as well.This form of violence is especially in the focus ofstatistical surveys on violence against women.

Statistics indicate that there are significantdifferences in the prevalence of intimate partnerphysical violence around the world. According to datafrom national and international statistical surveys, thepercentage of ever-partnered or ever-married women thatsuffered physical violence perpetrated by a current orformer intimate partner at least once in their lifetimeranges from 6 per cent in China, Hong Kong SAR and 7 percent in Canada (data refer to spousal assaults only), toover 48 per cent in Zambia, Peru–city18, Ethiopia–province and Peru–province55.

5.1.3 Sexual Violence Against Women

Although not as frequent as physical violence, sexualviolence has consequences that usually severely affectthe victim for a prolonged period of time and often last

54 Figure 6.5, National and international surveys on violence against womenCompiled by the United Nations Statistics Division.55 Ibid.

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a lifetime. The term “sexual violence”, broadlyinterpreted, may include aggressive and abusive behaviorsof different intensity and consequences, from unwantedtouching to forced intercourse and rape.

Many women are sexually molested in their lifetimes. Thepercentage of women experiencing sexual violence at leastonce in their lifetime ranges from around 4 per cent inAzerbaijan, 5 per cent in France and 6 per cent in thePhilippines, to a quarter or more women in Switzerland(25 per cent), Denmark (28 per cent), Australia (34percent), the Czech Republic (35 per cent), Costa Rica(41 per cent) and Mexico (44 per cent)56.

As is the case with physical violence, sexual violenceexperienced by women in intimate partnerships carry aheavy toll on the victim and the partnership. Insocieties with traditional gender roles and attitudestoward marriage and divorce, it may be more difficult toleave a partner even if violent and women continue toendure ongoing abuse57.

5.1.4 Femicide

Femicide is the name given to the gender-based murder ofwomen, implying that women are targeted and murderedsolely on the basis of gender inequalities incontemporary societies. Out of different modalities offemicide, intimate femicide – i.e., the killing of thewoman by her male intimate partner – appears to bepredominant. For example, over half of all the womenmurdered in South Africa in 1999 were killed by anintimate partner (husband, common-law husband, boy-friend), resulting in one intimate femicide every six

56 Ibid.57 Holly Johnson and others, 2008

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hours58. Other forms of femicide include “honourkillings”, dowry deaths (bride burning), targeting womenin civil conflicts and so forth.

5.1.5 Female Genital Mutilation

The term “female genital mutilation” (FGM, also called“female genital cutting” and “female genitalmutilation/cutting”) refers to all procedures involvingpartial or total removal of the external female genitaliaor other injury to the female genital organs for non-medical reasons59. Female genital mutilation has beenreported to occur in all parts of the world60. It isrecognized internationally as a violation of the humanrights of girls and women and constitutes an extreme formof discrimination against women61.

There are many factors that influence the practice ofsubjecting women to genital mutilation, includingeducation, place of residence (urban/ rural), religion,ethnicity and household wealth.

Female genital mutilation is always traumatic. Apart fromexcruciating pain, immediate complications can includeshock, urine retention, ulceration of the genitals andinjury to the adjacent tissue. Other outcomes can includesepticemia (blood poisoning), infertility and obstructedlabor. Hemorrhaging and infection can lead to death62.

Female genital mutilation continues to be widely58 Mathews, 2009.59 OHCHR, UNAIDS, UNDP, UNECA, UNESCO,UNFPA, UNHCR, UNICEF, UNIFEM, WHO, 2008.60 Ibid.61 WHO, 2010.62 UNICEF, 2005.

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performed but appears to be declining slightly Statisticson the prevalence of female genital mutilation amongwomen come from population surveys focusing ondemographic phenomena and health. In several countriesthe percentage of women aged 15–49 that were subjected tofemale genital mutilation is extremely high, and it evenapproaches 100 per cent in Guinea, Egypt and Eritrea.Another three countries where more than half the womenhave undergone these procedures are Burkina Faso,Ethiopia and Mali63.

5.2 Global Scenario of Domestic Violence

The overall scenario of domestic violence against thewomen throughout the world is rampant and beggardescription. If we summarily scrutinize the scenario ofsome notable countries of the world, a clear globalscenario will be come out and the status of women can bemeasured.

5.2.1 India

India is the biggest democratic country in the world.Besides it is a multicultural cultural, lingual andreligious country. However, the status of the women andthe prevalence of Domestic Violence against women (DVAW)are frustrating. India is the site of approximately 5000dowry related deaths each year.64 A survey of 1842 ruralwomen of reproductive age in India revealed that both menand women consider wife beating acceptable and that 40%of all wives have been beaten by their husbands.65 The

63 Population Reference Bureau, Female Genital Mutilation/Cutting: Data and Trends(2008); andUNICEF, Female Genital Mutilation/Cutting: A Statistical Exploration (2005)64 Violence against women: an issue of human rights. Gend Action 1997;1(4):1,4, 8.65 Otoo-oyortey N. A battered women needs more than biological help. IPPF MedBull 1997;31(3):5-6.

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Indian government and other institutions are handicappedby lack of statistical data on the extent of domesticviolence.66

5.2.2 Korea

South Korea is an emerging tiger of Asian zone. Itsdevelopment in every sector is exemplary and envious.However, it could not be able to improve the protectionof women as with the demand of free thinking world. Astudy about the severity of domestic violence in Koreashowed that battering occurred more than once a month; onthe other hand, the Korean Women’s Hotline revealed that42% of those interviewed had been assaulted more thanonce a week.67

5.2.3 United Kingdom

The United Kingdom is very sensitive in respect ofprotecting Human Rights. Women’s right is supposed to beprioritized here significantly. Frustratingly, they couldnot improve the women’s status and protection desirously.In the United Kingdom, two small studies reportedlifetime prevalence of domestic violence against women of39 and 60%.13,14 A community survey found that 23% ofwomen had been physically assaulted by a partner orformer partner, with 4% experiencing violence within theprevious 12 months.68

5.2.4 Spain

Spain can be a model of peace and solidarity in European66 Patterns and responses to violence against women in India. Gend Action1997;1(4):5.67 Wha-soon B. A study on the prevention of and countermeasures againstdomestic violence. Womens Stud Forum 1994;10:148-71.68 Mirrlees-Black C. Domestic violence: finding from a new British crimesurvey self-completion questionnaire. London: Home Office, 1999.

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countries. However, the overall picture of women’s rightsand protection is very poor. In Spain, women are oftenthe victims of violence and of dometestic violence. In1993, 86 violent deaths and 200,000 cases of abuse by apartner were reported.

5.2.5 Serbia

Serbia is a prominent country in Europe for manysignificant causes. Here, the rate of domestic violenceis frustrating. In Serbia, a study conducted on violenceagainst women by the staff at the SOS Hotline for Womenand Children Victims of Violence showed that almost allthe callers(94%) were victims of violence from family members orintimate partners.

5.2.6 Arab World

In Arab and Islamic69 countries, domestic violence is notyet considered a major concern, despite its increasingfrequency and serious consequences. Surveys in Egypt,Palestine, Israel and Tunisia show that at least one outof three women is beaten by her husband. According tothese people, domestic violence is a private matter andusually, a justifiable response to misbehavior on thepart of the wife. Selective experts from the “Koran” areused to prove that men who beat their wives are followingGod’s commandments.

5.2.7 South Africa

South Africa is a advanced and leading country in Africanregion. The prevalence of domestic violence against women

69 Douki S, Nacef F, Belhadj A, Bousker A, Ghachem R. Violence against womenin Arab and Islamic countries. Arch Women Ment Health, 2003; 6:165-71.

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is considerable and unexpected. In South Africa,70 across-sectional study of violence against women wasundertaken in 1998 to measure the prevalence of physical,sexual and emotional abuse of women in households.Interviews with 1306 women had a response rate of 90.3%of eligible women. The lifetime prevalence ofexperiencing physical violence from a current or ex-husband or boyfriend was 24.6%, and 9.5% had beenassaulted in the previous year.

5.2.8 Nigeria

Nigeria is often reported for the violation of humanrights and extremism. The worse condition of women isexpected here. The study conducted in Nigeria on 308 Igbowomen showed that 78.8% of the women have been batteredby their male counterparts, out of whom 58.9% reportedbattering during pregnancy, and 21.3% reported havingbeen forced to have sexual intercourse.71

5.2.9 North America

The North American countries have developed in allsectors including social condition. The women’s right andprotection is significantly considered here. In NorthAmerica,72 where women have equal rights and status,violence against women is still present in the society.40-51% of women experience some type of violence in theirlifetime including child abuse, physical violence, rapeand domestic violence.

70 R Jewkes, J Levin, L Penn-Kekana, Risk factors for domestic violence:findings from a South Africa cross-sectional study. Soc Sci Med,2002;55:1603-17.71 Okemgbo CN, Omideyi AK, Odimegwu CO. Prevalence, patterns and correlatesof domestic violence in selected Igbo communities of ImoState, Nigeria. Afr J Reprod Health 2002;6:101-14.72 GE Robinson, Violence against women in North America. Arch Women MentHealth 2003;6:185-91.

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The perpetrator is most likely to be a current or formerpartner. It is also estimated that each year in theUnited States, four million women experience a seriousassault by their partner, and the victim-related economiccost of partner violence is about US$ 67 billion.23Annual prevalence of IPV (domestic violence) in Canadawas found to range from 0.4% to 23%, with severe violenceoccurring from 2% to 10% annually73.

5.2.10 Central America

In Central America, women have developed a feministiccritical consciousness of the negative responses to theirpersonal and political transformation.74 The MexicanAssociation against Violence towards Women (COVAC)surveyed 3300 men and women aged 18-65 years in MexicoCity, and nine other cities, in 1995 to assess publicopinion regarding domestic violence. They found that 74%of the abused persons were women.75 But frustratingly,there is no legislation in Mexico specifically againstdomestic violence.

5.2.11 Brazil

Brazil is the leading and emerging country from LatinAmerica.Though they have improve their condition in mostother sectors, women’s rights and protection has not beendeveloped considerably. The situation in Brazil, likemany other countries, is one in which domestic violenceis against the law, but in practice regularly tolerated.According to San Pablo Catholic University, only 2% ofcriminal complaints for domestic violence against women

73 JP Clark, Du Mont J. Intimate partner violence and health: a critique ofCanadian prevalence studies. Can J Public Health 2003;94(1):52-8.74 GE Robinson., Violence against women in North America. Arch Women MentHealth 2003;6:185-91.75 Association Mexicana Contra la Violencia hacia las Mujeres. Violence inthe family: survey. Este Pais 1996;64:20-5.

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lead to conviction of the aggressor76.

5.3 The Consequences of DVAW throughout the World

Domestic violence is a significant problem all over theworld which adversely affects the health and safety ofmillions of women throughout their lifespan. Such anassault is also termed as intimate partner violence. Thewomen victimized by domestic violence suffer from morehealth problems than non-victimized women77.The commonhealth problems associated with domestic violence are asfollows:

5.3.1 Physical Health Effects

Battered women are more likely to have been injured inthe head, face, neck, thorax, breasts and abdomen thanwomen injured in other ways78. Physical assault rangesfrom slaps, punches and kicks to assaults with a weaponand homicide. Mortality associated with domestic violencealso includes suicide of women. The injuries fear, andstress associated with violence can result in chronichealth problems such as chronic pain (e.g. headache, backpain), recurrent central nervous system symptomsincluding fainting and seizures, gastrointestinaldisorders like loss of appetite, eating disorders orchronic irritable bowel syndrome, and also cardiacproblems such as hypertension and chest pain79.

5.3.2 Gynecological Problems76 Spotlight on: domestic violence: seeking Government Accountability.feminist.com 1995-2002.77 Helweg-Larsen K, Kruse M. Violence againstwomen and consequent healthproblems: aregister-based study. Scand J Public Health 2003;31:51-7.78 Grisso JA, Schwarz DF, Hirschinger N et al. “Violent injuries among womenin an urban area”. N Engl J Med 1999;341:1899-905.79 AL Coker, PH Smith, L Bethea, MR King, RE McKeown, Physical healthconsequences of physical and psychological intimate partner violence. ArchFam Med 2000;9:451-7.

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The common gynecological problems include sexually-transmitted diseases, vaginal bleeding or infection,fibroids, decreased sexual desire, genital irritation,pain on intercourse, chronic pelvic pain and urinarytract infections80. Forced sex (direct force or lack oflubrication) and forced participation in degrading sexualacts, such as unnatural sex, have consequences that couldexplain higher prevalence of gynecological problems amongbattered women81. The combination of physical and sexualabuse that characterizes the experiences of at least 40-45% of battered women puts these women at an even higherrisk for health problems than the women only physicallyassaulted82.

5.3.3 Mental Health Effects

Depression and post-traumatic stress disorder are themost prevalent mental health problems of domesticviolence83. These are mainly associated with emotionallyabusive behaviors such as prohibiting a woman from seeingher family and friends, ongoing belittlement,humiliation, or intimidation, economic restrictions suchas preventing a woman from working, or confiscating herearning and other controlling behavior, fear and stressdue to physical abuse and forced sex. In a Canadian population based study, Ratner found thatin addition to depression, abused women have also been80 EJ Letourneau, M Holmes, J Chasendunn-Roark.,Gynecological healthconsequences to victims of interpersonal violence. Women’s Health Issues1999;9:115-20.81 JC Campbell, K Soeken. Forced sex and intimate partner violence: effectson women’ health. Violence against women 1999;5:1017-35.82 BJ Collett, CJ Cordle, CR Stuart, C Jagger. A comparative study of womenwith chronic pelvic pain, chronic non-pelvic pain and those with no historyof pain attending general practitioners. Br J Obstet Gynaecol 1998;105:87-92.83 M Cascardi, KD O’Leary, KA Schlee, Co-occurrence and correlates ofposttraumatic stress disorder and major depression in physicallyabusedwomen. J Fam Violence 1999;14:227-50.

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associated with anxiety, insomnia and socialdysfunction84.

Alcohol and drug abuse are the other mental health sequelseen in battered women in industrialized countries85.

5.3.4 Health problems due to abuse during pregnancy

Domestic violence among pregnant women is a global healthissue. According to JC Campbell86, intimate partnerviolence domestic violence) has been noted in 3-13% ofpregnancies in many studies around the world, and isassociated with detrimental outcomes to mother and fetus.Prevalence of violence among pregnant women in developingcountries ranges from 4% to 29% and low birth weight isfound to be an important consequence of violence87. Otherhealth problems related to the fetus are pretermdelivery, fetal distress, ante partum hemorrhage and pre-eclampsia88. Fetal death due to elective termination ofpregnancy has also been related to domestic violence89.Themain risk factors observed for abuse during pregnancy arelow socio-economic status, low education in both parentsand unplanned pregnancy.

5.3.4 Health Problems in Children

84 PA Ratner. The incidence of wife abuse and mental health status in abusedwives in Edmonton, Alberta. Can J Public Health 1993;84:246-9.85 JM Golding, Intimate partner violence as a risk factor for mentaldisorder: a meta-analysis. J Fam Viol 1999;14:99-132.86 JC Campbell, Health consequences of intimate partner violence. Lancet2002;359:1331-6.87 K Nasir, AA Hyder, Violence against pregnant women in developingcountries: review of evidence. Eur J Public Health 2003;13:105-7.88 JA Gazmararian, R Petersen, AM Spitz, MM Goodwin, LE Saltzman, JS Marks,Violence and reproductive health: current knowledge and future researchdirections. Matern Child Health J 2000;4:79-84.89 SS Glander, ML Moore, R Michielutte, LH. Parson The prevalence of domesticviolence among women seeking abortion. Obstet Gynecol 1998;91:1002-6.

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Children of battered women are also affected. They oftensuffer from psychological disorders and tend to reflectthe same vis-à-vis their spouses when they grown up.Suppression of the immune system as a result of stressand mental health disorders, such as depression, or bothconditions, are observed to be reasonable but untestedcasual hypothesis.

Additionally, this convention provides a framework inwhich ratifying states are held accountable to changecultural norms that oppress women and to enact women-sensitive policies (Freeman, 1993).

In 1992, General Recommendation No. 19 was added toCEDAW, which more explicitly addresses the issue ofviolence against women by stating that gender-basedviolence is discriminatory (CEDAW, 1992). Therecommendation also notes that previous state reports tothe committee did not "adequately reflect the closeconnection between discrimination against women, gender-based violence, and violations of human rights andfundamental freedoms" (ibid, 1992). As a result of thisdeficit, the committee proposed General RecommendationNo. 19 to provide a more specific linking of violenceagainst women and discrimination so that state partieswould address the issue of VAW in their reviews andreport to the committee (Morgaine, 2007).

Subsequently, a new addition was developed, ‘theDeclaration on the Elimination of Violence against Women1993’ at World Conference on Human Rights in Vienna. Thedeclaration was developed through input from threeregional nongovernmental caucuses and preparatoryconferences held in Africa, Latin America and theCaribbean, and Asia (ibid, 2007). This convention definesviolence against women as physical, sexual, and/orpsychological violence within the family, the community,

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and/or any violence that is condoned by the state.

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Chapter VILegal Instrument in relation to Domestic Violence andProtection to Women from its Exposure in Bangladesh

6.1 Religious View

Despite its geographically small size, the population ofBangladesh represents 9.3 per cent of the world’s 1.57billion Muslim population and, with over 145,312,000self-identified Muslims, constitutes the world’s fourth-largest Muslim population after Indonesia, India, andPakistan.90 In Islam not only the topic of gender equalityis discussed from spiritual perspective but also got sameimportance in the worldly affairs also. The status of menand women is same and it justifies this equality from areasonable basis. Islam considers the woman as anindividual being not as a parasite. It is also mentionedin the Quran that irrespective of sex both men and womenwill receive same reward and same punishment after death.According to Islam the rights and duties of Islam is sameand one should complement each other. But, practically inthe society and the implementation of law, women arestill facing discrimination.

The purpose of women, according to the Quran, is tocompliment men. Women’s rights to employment andparticipation in public life, freedom of movement andfreedom of organization, are severely restricted througha combination of the Shari’a principles of qawam (men’sguardianship over women),91 hijab (the veil) andsegregation between men and women. Examples of women’sinequality can be found in the administration of justice

90 See Mapping the Global Muslim Population: A Report on the Size andDistribution of the World’s Muslim Population (October 2012),Washington, D.C.: Pew Research Center.91 The guardianship of women by men is required, among other reasons,because of women’s “sexual irresponsibility.” Urfan Khaliq, Beyond theVeil: An Analysis of the Provisions of the Women’s Convention in the Law as Stipulated inShari’ah, (1995), available at:www.mwlusa.org/pub_book_legalrights.shtmll, (Last visited 11 July,2014).

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and in certain aspects of family law. A woman’s judicialtestimony is deemed to be of half the value of that of aman, in civil cases, and is not accepted at all inserious criminal cases.92 In certain types of wrongfulhomicide, monetary compensation paid to the heirs of afemale victim is less than that paid to the heirs of amale victim and a woman’s share in inheritance is halfthat of a man’s. Additionally, no woman may hold anypublic office which involves exercising authority overmen.

In addition, one verse of the Qur’an seemed not only toconfirm the inferior role of women but also to sanctionwife-beating. This verse states: “Men are the maintainersof women because Allah has made some of them to excelothers and because they spend out their property; thegood women are therefore obedient, guarding the unseen asAllah has guarded, and (as to) those on whose part youfear desertion, admonish them, and leave them alone inthe sleeping-places and beat them; then if they obey you,do not seek a way against them; surely Allah is High,Great.”93

The status of women in Islam is complicated by the factthat scholarly interpretation of the Qur’an may have beensubject to the biases of those who stood to benefit by asociety that favored their gender. Women played no partin interpretation of the Qur’an, and their absence “hasbeen mistakenly equated with voiceless ness in the textitself.”94 Furthermore, social norms in many male-

92 An alternative version of this rule states that the rule appliesonly in debtor-creditor transactions, that it is an exception to thegeneral rule that women can serve as witnesses equally with men, andthat its original purpose (to secure accurate testimony as womenusually did not engage in commercial transactions and thus might bemore likely to make a mistake) may have disappeared in modern timeswhen women are actively involved in the commercial world. MuslimWomen’s League, Women in Society: Legal Rights, available at:www.mwlusa.org/pub_book_legalrights.shtml, (Last visited on 15 July,2014).93 Chapter: IV, Verse: 34, Sura An-Nisa, The Holy Qur’an.94 Ibid.

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dominated countries may have obscured many of theoriginal purposes of the Qur’anic legislation. In Islamgender equality occupies a great variety of importance.If you read the Quran and Hadith, you should know that indifferent sura this topic got emphasis.

6.2 Legal Framework

6.2.1 Constitution of Bangladesh

Since long run, the Bangladeshi women have beenstruggling to establish their rights in family, societyand in the state. The history of Bangladesh speaks thatin any type of revolution or in constructive change, bothmen and women worked hand by hand. They put equalcontribution in all these movements. We know that in theLiberation war of Bangladesh, the contribution of thewomen directly or indirectly is unmemorable.95

In the constitution, the Article 26, 27, 28 and 29, theequal right of the women is declared. Especially in theArticle 27, it is declared that “All citizens are equalin front of law and should be provided by the state sameshelter”.

The male person dominates the patriarchal society, so thewomen are continuously becoming the targets of violence.Though from state and societal perspective steps aretaken to combat violence but these are not implementingbecause of the negative attitude of the society. Theattitude and the stereotyping values are responsible forthe domination of the women by the men. This is societalevil and it should be curbing by society. Only gendersensitiveness could change the negative attitude of thesociety and could invite the overall progress for thewomen. To remove the barrier against women, societyshould be built on strong basis and this basis will be95 See the United Nations Development Programme’s 2011 GenderInequality Index, the Organisation for Economic Co-operation andDevelopment’s 2009 Social Institutions and Gender Index, and theWorld Economic Forum’s 2011 Global Gender Gap Index.

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our students or the next generation.96

6.2.2 Nari-O-Shishu Nirjaton Domon Ain, 2003

The “Nari-O- Shishu Nirjatan Daman Ain, 2000” (as amended2003), has for the first time expanded the definition ofrape considerably although it does not acknowledgemarital rape. Sexual assault and sexual harassment havebeen made punishable offences under this Act. The overallcharacter of this new law is reflective of same level ofparticipatory effort, irrespective of gender or religiondespite these areas being clearly within religious-personal sphere of citizen's lives.

6.2.3 The Domestic Violence (Protection and Prevention)Act, 2010

Though domestic violence is not specifically mentioned inthe 1979 CEDAW, General Recommendation 19 states thatviolence against women is a form of discrimination thatinhibits a woman’s ability to enjoy rights and freedomson a basis of equality with men. It asks that governmentstake this into consideration when reviewing their lawsand policies (CEDAW Committee, 1992). As a state party ofCEDAW, thus, Bangladesh has the legal obligation tocomply with the provisions contained in the convention.Though motivational programs with a view to enhancingsocial awareness in matters relating to women’s humanrights have been in action, there were no special laws ondomestic violence against women. In connection with that

96 The largest women’s rights organization in the country, theBangladesh Mahila Parishad, ‘strongly endorses the [current]fundamental principles of the Bangladesh Constitution, includingsecularism, and there have been various confrontations withreligionbased parties over issues such as the National Women’sDevelopment Policy. More than other political and civil interestgroups, women’s organisations have been upfront in identifyingthreats to women’s rights and empowerment from the political use ofreligion and have protested this’. See, S. Nazneen, N. Hossain and M.Sultan (2011) ‘National Discourses on Women's Empowerment inBangladesh: Continuities and Change’, IDS Working Paper 368.Brighton: Institute of Development Studies.

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there have been calls for a full-fledged legal enactmentfrom the non-governmental organizations and civilsocieties to safeguard the rights of women from theadverse effects of domestic violence. Women's rightsgroups specifically criticized the government for itsinaction on the issue. In October, 2010 subsequentlyparliament passed the Domestic Violence (Protection andPrevention) Bill, that came into force in December of thesame year which criminalized domestic violence.

The Act in the beginning defines “domestic violence” inArticle 3 as "abuse in physical, psychological,economical and sexual nature against one person by anyother person with whom that person is, or has been, infamily relationship, irrespective of the physicallocation where that act takes place". The key features ofthe Act are summarized below:

Who can seek protection under the Act?

a. Any woman or children who is or has been at risk ofbeing subjected to domestic violence.

b. Any victim who is or has been a family relationshipwith the respondent.

c. Any handicapped adult who is or has been subjectedto domestic violence. Any person can file acomplaint on their behalf.

Against whom can a complaint be filed?

a. Any adult person who has been in a familyrelationship with the victim

b. Relatives of the husband or intimate male partnerincluding his male and female relatives.

Forum of relief (Article 4, 5 & 6):

a. For the purpose of this Act after receiving acomplaint a Police Officer, Enforcement Officer orService Providers shall inform the victim about the

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availability of the services including medical andlegal aid services.

b. Upon receiving complaint the first class Magistrateshall grant an interim Protection Order or any otherorder under this Act.

c. Multiplicity of forum reliefs can be sought in otherlegal proceedings such as petition for divorce,maintenance.

Court's power to pass protection order:

The Court may pass a decree of compensation ascertainmentof victim's injury or damage or loss as a result ofdomestic violence. The court may also pass at any stageof proceedings for a protection order or for any otherrelief under this Act, a temporary custody of children ofthe victim will grant to the victim or the applicant.

Consequences of breach of Protection Order (Articles 30 &31):

a. Breach of protection order deemed is a punishableoffence though cognizable and bail able.

b. First contravenes: imprisonment six months or fineup to taka ten thousand or both or engaging in aservice benefiting to the community for a period.

c. Subsequent contravention-imprisonment up to twentyfour months and fine up to taka one lac or both orengaging in a service benefiting to the communityfor a period

After the passage of the bill, critics expressed doubtsabout its effectiveness since the Act can hardly beimplemented without community participation and otherlogistic support. To ensure proper enforcement of the lawimmediate initiatives needed to board creating a socialsafety net based on community participation that includessupports like counseling and legal aid as protectivemeasures. As long as the question of victim witnessprotection is involved, to deal with incidences ofdomestic violence, in particular to execute the Residence

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Order stipulated in Article 15 of the said law there isno alternative of community intervention- the efficiencyof the community based legal institutions should beenhanced and public confidence into the Local JusticeSystem should be restored.

The proper implementation of the recent Act nonethelessrequires better logistics and resource mobilization also.Article 8 of the Act states that the Order EnforcementOfficer shall arrange shelter for the victim. But thetraditional shelter homes provided by NGOs and Governmentdo not have the proper empowerment programs for thevictim. Experiences show that such confinement within thehome for a certain period in the name of shelter createsthreat to social integration Program, while initiativesare being taken to integrate the survivors to themainstream of the society. In this regard thestakeholders need to be prompt to utilize the maximumresources effectively in applying the law in the ground.

6.3 State Obligation of Combating against DomesticViolence

Domestic violence, whether it is perpetrated by privateor state actors, constitutes a violation of human rights.It is the duty of states to ensure that there is noimpunity for the perpetrators of such violence. Oftenstate policies and inaction perpetuate or condone suchviolence within the domestic sphere. States have a doubleduty under international human rights law. They are notonly required not to commit human rights violations, butalso to prevent and respond to human rights abuses.

In the past, human rights protection was interpretednarrowly – state inaction to prevent and punishviolations was not viewed as a failure in its duty toprotect human rights. The concept of state responsibilityhas now developed to recognize that states also have anobligation to take preventive and punitive steps whererights violations by private actors occur.

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Bangladesh has acceded to or ratified the maininternational human rights instruments on women’s rightssuch as the Convention on Minimum Age for Marriage andRegistration of Marriages and Consent to Marriage, 1962,and the Convention on the Elimintation of All Forms ofRacial Discrimination, 1979. Bangladesh ratified theConvention on the Elimination of All Forms ofDiscrimination against Women (CEDAW) in 1984 and theConvention on Consent to Marriage, Minimum Age forMarriage and Registration of Marriage in 1998. Article 1of the Convention on Minimum Age for Marriage andRegistration of Marriages and Consent to Marriage, 1962,states that no marriage shall be legally entered intowithout the full and free consent of the parties. Article2 of this Convention mandates States to specify a minimumage of marriage.

CEDAW is the first international instrument whichembodies the civil, political, social and cultural rightsof women. The Convention comprises the preamble and 30Articles. State parties to the Convention must submitperiodic reports on women’s status in their respectivecountries. CEDAW’s Optional Protocol establishesprocedures for individual complaints on allegedviolations of the Convention by State parties, as well asan inquiry procedure that allows the Committee to conductinquiries into serious and systematic abuses of women'shuman rights. So far the Protocol has been ratified by 71States. Bangladesh is yet to ratify the Protocol.

Apart from the above treaties specifically addressingwomen’s rights, there are general treaties which confirmequal rights of men and women. For example, both theICCPR and the ICESCR of 1966 contain provisions forensuring the equal enjoyment of rights by both men andwomen. The idea that gender-based discriminationcontradicts the universality of human rights is reflectedin the main instruments of international human rightslaw.

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CEDAW addresses the pervasive and systematic nature ofdiscrimination against women, and identifies the need toconfront the social causes of women’s inequality byaddressing ‘all forms’ of discrimination that womensuffer. For the purpose of the Convention, the legaldefinition of discrimination is given in Article- 1:

the term ‘discrimination against women’ shall meanany distinction, exclusion, or restriction made onthe basis of sex which has the effect or purpose ofimpairing or nullifying the recognition, enjoymentor exercise by women, irrespective of their maritalstatus, on a basis of equality of men and women, ofhuman rights and fundamental freedoms in thepolitical, economic, social, cultural, civil or anyother field.

Thus, any law which makes a distinction that has theeffect or purpose of impairing women’s rights in any way,constitutes discrimination under this definition,violates the Convention and must be remedied by the Stateparty.

Article 2(e) requires State parties to take allappropriate measures to eliminate discrimination againstwomen by any person, organisation or enterprise. Underthis provision, a state may well be obliged to preventand deter private acts of discrimination, to investigateand negate their harmful consequences, and to provide forcompensation or sanctions for the performance of suchacts, for instance by penalties of a civil or criminalnature.97

Article 3 requires State parties to ensure the fulldevelopment and advancement of women, for the purpose ofguaranteeing them the exercise and enjoyment of humanrights and fundamental freedoms on a basis of equality97 J. Cook Rebecca, ‘State accountability under the Convention on theElimination of All Forms of Discrination against women’, in: J. CookRebecca (ed.), Human Rights of Women, University of PennsylvaniaPress, Philadelphia, (1994), p. 237.

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with men. Article 4 specifies that ‘temporary specialmeasures’ aimed at accelearating de facto equalitybetween men and women shall not be considereddiscrimination as defined by the Convention. Itcontemplates that measures against nondiscriminationcannot simply mean refraining from treating women lessfavourably than men. It must also entail the adoption ofpositive measures to redress discrimination.

Under Article 2(d) of the CEDAW, State parties undertaketo refrain from engaging in any activity or practice ofdiscrimination against women and to ensure that publicauthorities and institutions shall act in conformity withthis obligation. Article 2(f) requires State parties totake all appropriate measures, including legislation, tomodify or abolish existing laws, regulations, customs,and practices, which constitute discrimination againstwomen.

Article 5 (a) elaborates on this duty by explaining thatState parties agree:

“To modify the social and cultural pattern ofconduct of men and women, with a view to achievingthe elimination of prejudices and customary and allother practices which are based on the idea of theinferirorty or the superiority of either of thesexes or on stereotyped roles for men and women.”

Thus, by Article 2(f) taken together with Article 5(a),State parties agree to reform personal laws and toconfront practices, for instance of religiousinstitutions, that perpetuate injustice for women. Italso imposes an obligation on states to endeavour toeliminate sex-role stereotyping (art.5).

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Chapter VIIPractical Scenario of Domestic Violence and

Protection to Women from its Exposure in Bangladesh

In Bangladesh, the patriarchal capitalism puts women insuch a position within their communities that they alwaysremain subordinate under male domination and in manycases this is reflected through violence.98 Thus a womancommonly has risk of experiencing domestic violencewithin her family and it is not very surprising that thehusband is more likely to assault and/or batter his wifeif she fails to meet his dowry demands or to performhousehold work.

Domestic Violence against women (DVAW), materializationof a historic unequal power relation between sexes, is aform of discrimination and mistreatment of women whichresults in physical, psychological, and socioeconomiccosts to women and society as well. Termed as a globalepidemic, DVAW is as much fatal as any serious diseasesor accidents that causes deaths of women of reproductiveages99 and is one of the most disgraceful expressions ofhuman rights violation across the world. WHO multi-country study (10 countries including Bangladesh)demonstrates that most of the women in the study areasexperience physical and sexual spousal violence in theirlifetime, ranged from 15% to 71%.100 In Bangladesh, DVAWis a very common practice which denies women’s equalopportunity, security, self-esteem, and dignity in thefamily and in the society as a whole. Being in apatriarchal society, powerlessness and vulnerability isassociated with women’s lives where they are dominatedand subjugated by the men. In Bangladesh, women face98 S.T. Hadi, (2009) “It’s OK to beat my wife?”, – Patriarchal Perceptions ofBangladeshi Respondents and Factors Associated,Bangladesh e-Journal ofSociology, V- 6(2), p- 4-14 .99 World Bank, 1993.100 WHO, 2005, Reports on Bangladesh.

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various forms of violence, ranging from wife abuse torape, dowry killings, acid throwing, sexual harassment,and sexual slavery through trafficking in women101 amongwhich domestic violence is widely prevalent both in urbanand rural areas as an everyday matter of women’s lives.Deeply rooted subordinate positions of women allow men todominate and control not only their families andresources102but also lives of women. Consequently,societal norms and traditional values associated withgender roles and supremacy within households and societytend to trigger, dictate and provoke domestic violenceagainst women in Bangladesh.103 Many researchers andtheorists discovering the factors associated to violenceagainst women focus on the ecological approach whichcovers factors of individual, partner, and socialcontext. Women in Bangladesh face domestic violence forvery trivial matters. In most cases, they suffer withoutany reason which is the definite demonstration ofsubordinate position of women in the patriarchal society.In a study, it is revealed that the most frequently-mentioned reasons for violence included questioning thehusband in day-to-day matters, failure of the wife toperform household work satisfactorily, economic hardshipof the family, failure of the wife to take proper care ofthe children, not conforming to veil or other expectedbehaviour, inability to bring money from parental home,

101 H. Zaman, Violence against Women in Bangladesh: Issues and Responses,Women’s Studies International, (2010), Forum, 22(1): 37-48. 102 K.T. Hossain, Violence against Women in Bangladesh, in the Proceedings ofthe 8thAnnual Conference of Hong Kong Sociological Association, (2007) p. 257-264; and C.S. Keung,H. Traver, and L. Xiuguo, (eds.) Narratives and Perspectives in Sociology:Understanding the Past, Envisaging the Future Immigration and Refugee Boardof Canada (2009) Bangladesh: Violence against Women, Especially DomesticViolence; State Protection and Resources Available to Survivors of Abuse,Accessed 5 August 2014 <http://www.unhcr.org/refworld/docid/403dd1e40.html>International Centre for Diarrhoeal Disease Research-Bangladesh (2006)Domestic Violence against Women in Bangladesh 103 M.A. Koenig,, S. Ahmed, M.B. Hossain and A.B.M.K.A.Mozumder, Women’sStatus and Domestic Violence in Rural Bangladesh: Individual and CommunityLevel Effects,Demography, (2003), p- 40:269-288.

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not taking good care of in-laws and relatives, andhusband’s frustrations in relation to his variousactivities even dark complexion of children104 are evenviolated by the husband and in-laws if she is incapableof giving birth to a child or a son. In this stage, sheusually faces humiliation, verbal abuse, mental orphysical torture, force to conceive again and again untila male child is born. Another most common reason inBangladesh that initiates domestic violence against womenand many women are giving their lives from eitherhomicides or suicides is the increasing prevalence ofdowry for which is strictly prohibited. In addition,covetous nature of men and society perpetuating dowry andviolating wives for not getting the expected dowry causesmany deaths of women. However, in most cases women livewith the abusive husband and in-laws by considering theirsocioeconomic dependence on men. To consider leaving thehusband in the face of violence may induce sufferings forchildren, no place to go- place at paternal home lost atthe time of marriage, and social stigma to brokenmarriage Moreover, in Bangladesh, through the endersocialization, women come to see dependence anddeprivation relative to male family members as natural, alogic that encourages them to accept the violentbehaviour against them.105Institutionalized social normmake women perceive violence as justified, and as they donot have any places to go they have to believe thatviolence is the only destiny of women, which they cannotescape until death. In Bangladesh, different social andbehavioural traits like age, education, socioeconomicstatus, family pattern, religion etc. are associated with104 A. Bhuyia,, T. Sharmin and S.M.A. Hanifi, Nature of Domestic Violenceagainst Women in a Rural Area of Bangladesh: Implication for PreventiveInterventions, J Health Popular , (2003), 21(1): 48-54, ICDDR,B: Centre forHealth and Population Research.105 S.R. Schuler, S.M. Hashemi and S.H. Badal, Man’s Violence against Womenin Bangladesh: Undermined or Exacerbated by Microcredit Programmes?Development in Practice, (2007), V- 8(2), p- 148-157, Accessed 7 August,2014 <http://www.unicef-irc.org/publications/pdf/digest6e.pdf>.

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domestic violence. Research reveals that wife’s age andmarital duration are associated with violence; youngerwomen are more at risk of domestic violence than theolder women and longer the marital partnership lesser theviolence. Consequently, child marriage, which is verycommon in rural areas, contributes to the high rate ofthe continuation of DV. Increased education of bothspouses is linked to lesser risks of women to be violatedwithin marriage. Men from low socioeconomic levels havegreater probability of perpetrating violence againstwife. Slum dwellers, alcohol and drug users are moreviolent to their wives. In some cases, witnesses ofviolent behaviour at parental home increased thelikelihood of being violated or perpetrating violence.Husband’s violent behaviour is associated with thehistory of abuse of husband’s mother by his father andthe women who has witnessed the violent behaviour of herfather against her mother in the parental house increasesher chance to be violated by her partner; and in thiscase she accepts it as a common fate of all women in thesociety.106

In Bangladesh, due to existing socioeconomic andpolitical systems domestic violence against women is notonly manifestation of gender inequality, but also servesto continue this and as a result DV is accepted andtolerated here; and once a woman is victimized by DV,her probability to be victimized again is very high.

Another important system is unequal rights of women inmarital life which attributes at the time of marriage,and women remain vulnerable in marital life. One aspectis unilateral divorce right of husband which they enjoywithout any complicated legal system, as a result Muslim106 R.T. Naved, and L.A. Persson, Factors Associated with Spousal PhysicalViolence against Women in Bangladesh, Studies in Family Planning, WorldHealth Organization WHO Multi-country Study on Women’s Health and DomesticViolence against Women (2005), V- 36(4), p- 289-300.

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men use their divorce rights as weapon of DV againsttheir wives; and most of the women are in a threat ofdivorce in their marital lives. Indeed, variouscircumstances oblige women to stay with husband afterbeing violated; and be violated again and that is theultimate paradox which undoubtedly supersedes the entirebottom lines to domestic violence against women inBangladesh.

7.1 Practical Scenario of Domestic Violence against womenin Bangladesh: The stories untold

Women are often considered to be financial burdens ontheir family, and from the time of birth, they receiveless investment in their health, care and education. Withthe advent of puberty, differences in the ways thatadolescent girls and boys are treated become much morepronounced. Adolescence is not viewed as a distinct phaseof life; instead the onset of physical maturity is seenas an abrupt shift from childhood to adulthood. Atpuberty, girls’ mobility is often restricted, whichlimits their access to livelihood, learning andrecreational and social activities.

Bangladesh’s rates of child marriage and adolescentmotherhood are among the highest in the world. Maternalmortality rates also remain extremely high. Poor maternalhealth is the result of early marriage, women’smalnutrition, a lack of access to and use of medicalservices and a lack of knowledge and information. Mostwomen give birth without a skilled attendant. In thehome, women’s mobility is greatly limited and theirdecision making power is often restricted. For instance,about 48 per cent of Bangladeshi women say that theirhusbands alone make decisions about their health, while35 per cent say that their husbands alone make decisions

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regarding visits to family and friends.107

Domestic violence is a pervasive problem in Bangladeshand presents a huge threat to the security of girls andwomen. In a 2007 research study, more than half of evermarried women aged 15-49 reported that they hadexperienced some form of physical and/or sexual violencefrom their husbands, and one quarter had experienced itin the past year1.108Additionally, more than one third ofboth men and women believe that men are justified inbeating their wives in specific circumstances, such asarguing.109

The practice of dowry, a lower age at marriage, andpoverty are all associated with women’s higher likelihoodof experiencing and condoning violence110.Adolescent girlsare often victims of ‘eve teasing’ or sexual harassmentand are not prepared to face such a situation. In one ofits most extreme forms, violence against women takes theform of acid attacks. Although legislation exists toprevent acid attacks, enforcement remains weak. Since May1999, there have been almost 3000 reported cases of acidthrowing, the vast majority against girls and women,however many cases remain unreported.111

A study by ICDDR, B in 2006, indicated that 60% ofviolence suffered by women occurs within their home. The5th Bangladesh Demographic and Health Survey, (BDHS) 2007showed 53% of women experienced sexual or physicalviolence from husbands.

107 UNICEF, State of the World’s Children: The Double Dividend of GenderEquality, 2007.108 National Institute of Population Research and Training (NIPORT),Bangladesh Demographic and Health Survey 2007, March 2009, Acid SurvivorsFoundation, Bangladesh, World Bank, Whispers to Voices: Gender and SocialTransformation in Bangladesh, 2007.109 ibid.110 ibid. 111 ibid.

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Being vulnerable in a patriarchal society, women facevarious types of domestic violence in Bangladesh. In arecent study112 it has been observed that mainly fourtypes of domestic violence occur, i.e. physical,psychological, economic and sexual abuse and violence;all are prevalent throughout Bangladesh. Most of thevictims (93%) reported in the study that they hadexperienced physical violence; only 13 per cent reportedof having experience of sexual violence, 91 per cent ofvictims reported economic violence and 84 per centreported psychological violence committed by theirhusbands. Occurrence of domestic violence varies littlein terms of urban-rural divide. A ICDDR,B study showsthat among ever-married women, 40% of those in the urbanarea and 42% in the rural area reported physical violenceby their husband.113However, sexual violence by husband ismore prevalent in rural areas (50%) than urban areas(37%), according to the study.

We often focus on grave social and health impact ofdomestic violence as it creates social instability,insecurity and gender disparity. The WHO Multi-countryStudy on Women’s Health and Domestic Violence againstWomen (2005) showed that less than 1% of physicallyabused women reported the matter.

It is a matter of concern that a culture of acceptance,even, has grown and is being transmitted from generationto generation to the point of being institutionalised. Astudy of BNWLA114 shows that 30 percent of women thinkthat husbands have the “right” to inflict physicalviolence upon their wives.

112 Centre for Policy Dialogue, 2009.113 ICDDR,B, 2006.114 www.bnwlabd.org /Bangladesh National Woman Lawyers' Association , Lastaccessed on 23 August, 2014.

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“Women are usually taught to stay mum when their husbandsare violent towards them,” stated Advocate Sultana Kamal,Chairperson of We Can End Violence Alliance -“Domesticviolence against women is acceptable in our society andunless we do something to change this attitude, thesituation will not change.”

The Bangladesh government passed the Domestic Violence(Prevention and Protection) Act 2010 in Jatio Sangsad onOctorber 5, 2010. Awareness needs to be raised amongpeople to make the law socially acceptable and toencourage victims to register their complaints, sheemphasizes.

According to interlocutors, the most pervasive form ofviolence against women in Bangladesh is domesticviolence, with an estimated 60% of married women reportedto having experienced violence at the hands of a spouseand/or in-laws. Other manifestations of violence include:different forms of sexual violence including rape andeve-teasing; discrimination and violence based onethnicity, religion, caste, indigenous status,disability, or work; dowry-related violence; sexualharassment; forced and/or early marriages; acid attacks;psychological violence in custodial settings; economicexploitation and cross-border trafficking, among others.Harmful customary and religious practices and violenceperpetrated against minorities were also highlighted innumerous testimonies.

Domestic Violence against women and girls in Bangladeshis widespread and political influence; administrativefailure and lack of social resistance and implementationof laws are the main reasons that lead to theperpetrators going free. Lots of NGO and internationalresearch organisations are closely monitors the overall

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situation of women and girls in Bangladesh and documentsthe issues relating to violence against women, inparticular, dowry violence, rape, acid violence andstalking (sexual harassment). Victims of rape face severesocial stigma where in majority cases victims are treatedas the guilty party by the police. As a result a majorityof victims/their families do not seek justice and try tohide incident.

Due to a weak criminal justice system, insensitivity,corruption, wrong post-mortem reports (present governmentis trying to reform the systems and try to establish thefact once it happened, in this connection the governmentappointed women physicians/expertise for preserve theproper evidence after the incident occurred) the judicialprocedure is hindered. Though a deep rooted patriarchalmindset and lack of awareness is behind such violence;however, non implementation of laws are also instigatingsuch violence. The inaction and corruption of lawenforcement agencies and their reluctance to investigateor arrest the accused also contribute to the continuingcrime of violence against women.

Police statistics and assessments by non-governmentorganisations (NGOs) working to establish women’s rightsshow that there is in an increasing trend in violenceagainst women and girls in Bangladesh. According topolice records, while there were 2,981 cases of dowry-related violence in 2004, the figure has already hit4,563 in the first nine months of 2012. Also, where therewere 2,901 rape cases recorded in 2004, the figure forthe current year, up to August, stands at 2,868.115

115 www.ipsnews.net/2012/10/violence-against-women-persists-in-bangladesh/,Last accessed on, 24 August 2014.

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There are in fact, various types of domestic violencesuch as Intimate Partner Violence. It refers to behaviourby an intimate partner or ex-partner that causesphysical, sexual or psychological harm, includingphysical aggression, sexual coercion, and psychologicalabuse and controlling behaviours. Likewise, SexualViolence refers sexual act, attempt to obtain a sexualact, or other act directed against a person’s sexualityusing coercion, by any person regardless of theirrelationship to the victim, in any setting. It includesrape, defined as the physically forced or otherwisecoerced penetration of the vulva or anus with a penis,other body part or object.

Table: Violence against women: Type and Trends116

Year

Types of Violence

DomesticViolence

DowryRelated

Violence

Rape GangRape

AcidAttack

Eveteasing/Sta

lking

116 Redrawn from Ain O Salish Kendra (ASK), Documentation unit, 2011 andOdhikar, 2011.

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2004 264 352 618 359 228

2005 333 356 585 250 130

2006 301 334 515 226 142

2007 283 294 436 198 95

2008 312 296 486 127 80

2009 281 285 446 199 63

2010 397 395 626 290 153 216

7.2 Protection to Women from Domestic Violence inBangladesh: Who will bell the cat?

Domestic violence against women is a cause and aconsequence of inequality and discrimination, whether inlaw and/or practice, (we got good law if we analysis thepresent laws but it does not work for properly due toweak administrative systems and leaking of properinformation) and it is a source of deep concern globally,especially as it substantively impacts the effectiveexercise of citizenship rights by women. Every country inthe world has the responsibility to take effectivemeasures to prevent and respond to all forms of violenceagainst women, and, it is ultimately up to Stateauthorities to make elimination of violence a priority.Violence against women cannot be addressed in isolationof context, including the historical, political,economic, social and cultural contexts and realities thatimpact and shape the lives of women and girls inBangladesh.

The degree and extent of the problem of domestic violencein Bangladesh requires identifying the priority areas for

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interference so that required steps can be taken. Infact, at least half of women in Bangladesh experiencedomestic violence at least once in their lives.117 But,there are unfortunately no plenty support groups forvictims of domestic violence. Nationwide efforts in thisregard are expected to be initiated to combat domesticviolence. Legal and other initiatives such as imposingpunishments on the perpetrators as well as responses tocreate awareness and motivational programs are highlyencouraged.

The main focus to reduce the domestic violence againstwomen and girls in Bangladesh should be on Law and orderforce ensuring during incident and quick response,Cultural reforms (negative things which discriminatewomen), Environmental reforms (Secure and free and fareenvironment ensure for women), Establish new victimsupport centre according to the density of thepopulation, Justice system reform (Set law and quickjustice system, once offenders offence established),Mindset change (Women and girls are not weak or neglectedperson), Human right Act ensure in Bangladesh (It worksin all section as it is the right of every citizen),Field based Research and Evaluation process and takeaction for practical solution.

Currently, there are few interventions whoseeffectiveness has been proven through well designedstudies. More resources are needed to strengthen theprevention of intimate partner and sexual violence,including primary prevention, i.e., stopping it fromhappening in the first place. But the important factor isthat few NGO’s and very weak women activist will notmonitoring and properly control the overall systems as it

117 The domestic violence against women in developing countries, World BankReport,2009

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a big disease in Bangladesh as anything happens in familyunfortunately first victim is women or girls.

Regarding primary prevention, there is some evidence fromhigh-income countries that school-based programmes toprevent violence within dating relationships have showneffectiveness. However, these have yet to be assessed foruse in resource-poor settings. Several other primaryprevention strategies: those that combine microfinancewith gender equality training; that promote communicationand relationship skills within couples and communities;that reduce access to, and harmful use of alcohol, drugsand gambling, illegal relationship out of proper familylife and that change cultural gender norms, have shownsome promise but need to be evaluated further.

To achieve lasting change, it is important to enactlegislation and develop policies those are addressdiscrimination against women; promote gender equality;support women; and help to move towards more peacefulcultural norms.

An appropriate response from the Government varioussectors/NGO’s can play an important role in theprevention of violence against women and girls inBangladesh. Sensitization and education ofdiversification of culture and laws within the countryand other service providers is therefore anotherimportant strategy. To address fully the consequences ofviolence and the needs of victims/survivors requires amulti – organisation’s response. Combined workforce willonly reduce the bad effect of domestic violence againstwomen and girls in Bangladesh. Bangladesh is rising andnow it is called digital Bangladesh. Connectivity is veryimportant to reduce any sort of violence in the society.

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Bangladesh needs the better co-ordination to reduce anysort of risk in the society.

The Constitution of Bangladesh guarantees equal rights tomen and women, albeit only in the spheres of the Stateand of public life, and not in the private sphere. Thisis a source of concern, as inequality and discriminationare pervasive in the private sphere and thusconstitutional protection to rights of equality and non-discrimination should therefore be extended to allspheres. Some efforts have been made towards theempowerment of women and to increase women’s politicalparticipation, including through reserved seats andquotas.

This is a big credit for the Bangladesh government hastaken a number of legal steps to improve the situation ofwomen, starting with the Suppression of Violence againstWomen and Children Act in 2000. In 2009, the NationalHuman Rights Act was passed followed by the DomesticViolence Act in 2010. But need to co-ordination affordand reform the organisation structure according to thedemand of the present situation. According to these lawsgovernment should take proper strategic implementationplan and monitoring and controlling by the proper andexperience motivated manpower. There are lots of skillsand experience women and girls in Bangladesh but for theopportunity and proper platform, they should not utilisetheir skills and experience. Government and privatesectors will need to hunt these high skills andexperience female to engage and reform this sector toimprove the zero tolerance.

Everybody will agree that women and girls in Bangladesh,they need to raise their own voice to outcome the anyunwanted or worse situation in their lives. Finally, they

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are the victim of any domestic violence within thefamily. It is very important to them to act immediatelyand look forward to help and solution of the issues. Itis to be taken into account that Bangladesh is asignatory to international conventions designed toprotect women and their rights. Yet, very little is beingdone on the ground to ensure a secure and safeenvironment for them. So every woman and girls shouldtake the advantage this facility and raise the issues inthe proper platform to resolve severe domestic violenceissues against them. Violence against women inBangladesh, particularly domestic violence, gives us abrief understanding of the problem. In order to arrestthis increasing trend of domestic violence against women,proper intervention strategies need to be undertaken.Existing laws regarding protection of women’s rightsshould be enforced effectively. Law enforcing agenciesneed to handle the situation with sincerity, honesty andwith strong commitment without any hesitation and bias.Awareness and capacity building among the women are alsoimportant. Under the existing social values and norms,males’ attitude and behaviour towards females need to bechanged as well. In this regard relevant agencies of theGovernment, NGOs, researchers, lawyers, activists andmedia need to come forward and work together for advocacyand campaign against domestic violence in women and girlsin Bangladesh. Most importantly a huge change in themental setup is highly required and it must be rememberedby all that love and peace in intimate relationships aswell as in family nexus among male and female membersshould be based on self respect and respect to others.Female members of a family should realize that who sleepsupon her rights may not enjoy her rights and only for thesake of mere harmony the ultimate dignity of oneselfshould not be sacrificed.

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Chapter VIII

Judicial Approach, Role of Media and NGO to Protectand Finish Domestic Violence in Bangladesh

The Constitution of Bangladesh is the basic document onprotection of women. Fundamental rights, includingequality and non-discrimination guaranteed under theConstitution, are applicable for all citizens.Furthermore, it contains provisions on affirmative actionfor the backward segments of society, including women.The Penal Code of Bangladesh contains provision thatprotect women from various forms of violence, although itdoes not specifically define 'sexual assault'. However,offences related to rape, acid throwing or attempt tocause death or grievous injury because of dowry, aretreated as specific crimes of domestic violence. Apartfrom the Constitutional provisions and Penal Code, thereis some special legislation for the protection of women.Judiciary is the guardian of that protection tools. Mediaand NGO also have a role to Protect and Finish DomesticViolence.

8.1 Decisions and Guidelines on Specific DomesticViolence from Higher Judiciary

The decisions and guidelines of higher judiciary on thenumber of issues of violence and domestic violencepertaining to women’s rights are:

8.1.1 Forced Marriage

Forced marriage is one kind of gender-based domesticviolence that violates women’s rights guaranteed underinternational human rights law and the Constitution.

In the case of Dr. Shipra Chaudhury & another vGovernment of Bangladesh and others,118 Humayra Abedin

118 29 BLD (HCD) (2009).78

alias Dorothy, was made captive by her parents formarrying a person against their wish. The parents forcedher to divorce her husband. She then went to the UK forfurther studies in medicine. When she travelled toBangladesh to visit her parents, they subjected her tointense emotional and psychological pressure to marry aperson of their choice. As she refused to marry, she washeld captive against her will by her parents. Hermovement was restricted and she was given in marriageagainst her will. In this circumstance, Dr. ShipraChaudhry, cousin of detenu (Humayra Abedin), soughtassistance from the administration and the police torescue her, but failed.

Finding no other alternative, the writ petition was filedby Dr. Shipra Chaudhry and Ain O Salish Kendra, forbringing the detainee before the court from the unlawfulcustody by her parents. The High Court issued a Rule Nisiand directed the Inspector General of Police to takeeffective measures for recovery of the detainee andrequested the British High Commission in Dhaka to arrangeher safe journey to the UK. Accordingly, the British HighCommission arranged her safe journey to the UK.

The court held that forced marriage is not permissibleaccording to the laws of Bangladesh and human rightstreaties. The Court invoked international human rightslaw to provide a remedy to the petitioner and mentionedthe relevant articles of the human rights treaties, whichBangladesh has ratified or acceded to. For instances,Bangladesh has ratified two Conventions related towomen’s rights, the Convention on the Elimination of AllForms of Discrimination against Women and the Conventionon Consent to Marriage, Minimum Age for Marriage andRegistration of Marriage and is signatory to theDeclaration on the Elimination of Violence against Women.However, provisions of these human rights treaties havenot been incorporated in the laws of Bangladesh. Thecourt used the right to liberty to vindicate the rightagainst forced marriage and also explicated rightsagainst discrimination to inform the right to liberty as

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it mentioned that the petitioner’s liberty guaranteedunder the Constitution shall mean her right to makedecisions, free from discrimination.

In this case, the court demonstrated that the humanrights treaties could be used as an aid to theinterpretation of the provisions on fundamental rightsguaranteed in the Constitution, in particular, the rightsimplicit in the right to life and liberty.

8.1.2 Stalking

In the case of Bangladesh National Women LawyersAssociation (BNWLA) vs. Government of Bangladesh119 thecourt issued the following directives/guidelines in thecontext of the present scenario. ‘Stalking’ as definedbelow:

A male individual stalks a female if the male engages ina course of conduct-

(a) With the intention of causing sexual harassment orof arousing apprehension of sexual harassment in thefemale;

(b) That includes any of the following:i) following the female;ii) contacting the female by post, telephone, fax,

text message (SMS/MMS/blogging/twitting), email orother electronic communication or by any othermeans whatsoever;

iii) causing an unauthorized computer function in acomputer owned or used by the female or her familymembers;

iv) entering or loitering outside or near thefemale’s place of residence or place of businessor work or any other place frequented by thefemale;

v) keeping the female under surveillance;vi) acting in any other way that could reasonably

be expected to arouse apprehension or fear in the119 Writ petition no. 8769 of 2010

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female for her own safety or the safety of herfamily members.

The following lawful acts are excluded from the abovedefinition of stalking:

a. the enforcement of the criminal law;b. the administration of any Act of Parliament;c. the enforcement of a law imposing a pecuniary

penalty;d. the execution of warrant;e. the protection of the public revenue;

8.2 Status of Implementation of Judgments/Guidelines onDomestic Violence

The guidelines/directives on women’s rights delivered bythe High Court Division in recent years have marked animportant shift in judicial mindset which istraditionally viewed as biased towards males. Thesegender-sensitive judgments and guidelines also representan important legal development in protection andpromotion of women’s rights against domestic violence andviolence in any other forms as well. Through theseJudgements the higher judiciary has taken rather anactivist stand to outlaw gender-based crimes and tried tofill the inadequacies of existing legal framework ongender-based crimes. However, these guidelines for theprotection of women’s rights against domestic violenceremain largely unimplemented as the Government has notalways taken initiative to reform the legislation assuggested in the judgments.

8.3 Role of Media and NGO’s to prevent and finishDomestic Violence

To successfully battle for domestic violence againstwomen and girls, the role of media and NGOs should beused for mobilizing positive images and in promotingHuman Rights. Media should not be underestimated in thisregards and on the other hand the NGOs have a scope to

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play a huge role. The simplest example is that nowadayschild marriage is being reported by the media and NGOsand the concern authorities are taking praiseworthy stepsto restrain it.

Women in Bangladesh face many different types of domesticviolence, including wife beating, domestic and dowry-related violence, acid attack, rape, physical and verbalharassment, fatwa, sexual harassment, polygamy, childabuse and etc. So what is the role the media and NGOs canplay to end the above mentioned violence. The answer isvery simple.

The media can very simply take various steps to make themess people aware against domestic violence. The bestexample is “MINA CARTOON” .This cartoon had a verypositive impact in various aspects against domesticviolence like campaign against child marriage, equalitybetween brother and sister in family life, not beatingany baby girl etc.

In this digital era social media has a tremendous impactto the young generations. By advertising against domesticviolence in social media good feedback can be got.Various NGOs are taking different initiatives to lessendomestic violence such as rallies, campaigns, messeducation, child education among the most deprived class.As for example, some schools run by NGOs are providingproper guideline how to fight against domestic violence.

The Civil society also has an important role to play incombating or preventing DVAW. These roles include, butare not limited to training, education, providingservices and support, raising awareness, advocating andlobbying governments and international organizations forbetter legislation or policies, etc120.

For example, in Bangladesh, legal services for victims of120 Global challenge protecting women against violence<http://www.globalization101.org/a-global-challenge-protecting-women-against-violence>.

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DVAW are usually provided by civil society and rights’organizations. Services include legal awareness of theapplicable laws and legal advice and counseling. They arepart of a comprehensive support package that includessocial and psychological counseling, awareness programs,economic empowerment programs, as well as legal servicesfor other related issues such as custody, divorce, andhousing. Women rights and Human rights organizations inBangladesh are always active for taking combined andstrong stand against this heinous violence. Some notableattempts to stop DVAW are as following:

8.1 Driving Campaign to Stop Domestic Violence

Though it may appear traditional, people are oftenwilling to adopt new attitudes; behaviors’ or practicesif they are convinced that such change will improve theirlives. The NGOs and women’s organizations are working toachieve that particular goal. They go towards bothoppressors and victims to raise consciousness againstthis heinous social vice. Their main purpose is to createa strong and enforceable public consensus to protect thedomestic violence against women. These NGOs recommend theparticipation of the people from all classes; otherwisethis goal can never be achieved.

8.1.1 Manner of Campaign

To stop this inhuman vice, the Haman rights and women’sorganizations regularly organize different regional,national and international conferences, seminars andsymposiums on feminism and femicide. They also call pressconference, rally and demonstration to raise awarenessand express strong position on different occasions andincidences.

8.2 Some remarkable Successes of campaign

NGOs and women’s organizations has been becomingstrongersince our independence but they started to revealtheir since 1980. Since then they have taken many

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successful and bold steps to stop domestic violenceagainst women. Some notable cases are:

i) The anti-dowry campaign by the Mohila Parshad in 1980 to pressurize the Government to enact anti-dowry legislation resulted in The Prohibition of Dowry Act,1980.

ii) A regional seminar on femicide organized by theBangladesh Women Lawyers Association in 1983generated several short papers on violenceagainst women and came up with a set ofcomprehensive recommendations for reducing gender-violence.

iii) Legal education courses related to rights of womengranted under sharia personal law organized byvarious groups active in rural development andhuman rthgts such as BRAC, Ain O Salish Kendro,Institute of Law and Development etc.

iv) Strong demand for promulgating a “Uniform Family Code” forwarded by Mahila Parishad supported by almost all women and human rights organizations has gained its grounds.

v) BRAC, Grameen Bank, Proshika, Mohila Parishad andother organizations are quite active inconscientizing and mobilizing women for preventiveaction against domestic violence.

vi) The Protests against Fatwa by unskilled Mullah hasbeen successful with the imposition of restrictionby the apex Court.

vii) The Women Policy has recently been drafted thoughyet not finalized after walking a long way ofmovement.

8.3 Support Services by NGOs

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The women and human rights body do not restrict theiractivities in campaign and demonstration, rather theyextend their support services towards the vulnerablevictims. Their support services can be divided into threetypes which are:

8.3.1 Legal advice and Psychological Support

Provision of counseling, legal consultancy, treatment ofbattered women and referral is being undertaken by anumber of women’s and Human rights organizations. Theyprovide these initial supports through some volunteerskilled lawyers, psychiatrists and doctors. These supporthelping centers are now available in district city. Thevictims are provided proper consultancy and advicewithout any harassment. However, the volunteers of theseorganizations are frequently threatened by hired Mastaansand oppressors themselves. Besides, the victims fall inmore critical situation when the violent person knowsabout their communication with such organizations.

8.3.2 Providing Shelters

The security of the victim of domestic violence is aprime concern as they are interrupted by the violentparties and her own family to take the support of thevolunteer organizations. To ensure their presence incourse of legal proceedings and to save them from furtherviolence, some women and Human rights organizations alsoarrange “Shelters” for battered and expelled women. Theshelter house started by Mahila Parishad and WomenAssistance Group is significantly notable.

Mahila Parishad and Women Assistance Group started its“shelter” in 1984 in a small rented house. The space,facilities and security of the shelter house was also notvery little. However, the Parishad leaders launched avigorous fund raising drive and became able to buy ahouse “Rokeya Sadan” as shelter house in 1991. Sometimes,the husband or family members become furious over theorganization –members to pick the victims but they are

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possible to be protected by assistance of local people.

8.3.2 Conducting and representing the Cases

The rights organizations like Mahila Parishad,Bangladesh Women Lawyers Association, Ain O Salish Kendrorepresent and conduct the cases of domestic violenceagainst women free of cost. Moreover, they take strongpublic stands to ensure the justice for the vulnerablevictims. For instances, in case of killing the wife ofrich medical student, husband could influence the doctorsand police to fabricate the evidences and escaped frompunishment. The Mahila Parishad conducted a signaturedrive for retrial and collected 30,000 signatures. Thecase was retried and husband got death penalty.

8.3.3 Rehabilitation :

The women and Human rights organizations are not happy byensuring only justice for the victim in the court butthey are also concerned to make victims self-dependent.For this objective, the Mahila Parishad, Ain o SalishKendro, BRAC, Grameen Bank runs adult-literacy, legalliteracy, skill-training, vocational training and moreother rehabilitation programmes. They also providenecessary advice and service for their employment and“referral” to income generating projects and employmentagencies.

8.3 Co-operation with Government

Some NGOs and development partners are co-operating thegovernment in the drive of preventing domestic violenceand protecting the victims. For example,

a) Ministry of Women and Child affairs has beenimplementing a project named Multi-Sectoral Projectson Violence Against Women funded by NORAD includingsetting up of One-Stop-Crises Centre (OSCC) in theSix Divisional level Medical College Hospitals. Thisproject deals with a Acid victims and Rape victims

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to facilitate quick investigation and requiredmedical and legal services.

b) The other project is implementing to end Genderbased violence with the financial assistance ofUNFPA. The prime objective of this project is tomobilize communities to end gender-based violenceand to bring attitudinal change of male members andin-laws towards gender based violence.

c) Some NGOs in collaboration with the Ministry ofWomen and Children Affairs are also involved in thegrassroots level to reduce violence against womenthrough training, awareness rising, advocacy andmotivation campaign etc.

8.4 Special role of NGOs on Rural Woman

NGO‘s are playing crucial roles in the empowerment ofwomen. Especially, they are doing this at the grassrootslevels. They are making the women aware of their rights.They disseminate information about the protocols ofwomen‘s rights and also sometimes provide forensicassistance and litigator to the women victim. NGOconducted training programs like training of sewingmachine, livestock raising etc are helping the ruralwomen and making them economically solvent. NGOs alsoprovide micro credit and educational loans to the people.They also provide information of various governmentprograms to the people, like health facilities providedby the hospitals. It is found that rural women arebecoming more conscious after being in touch with theNGOs. And rural women have much more relation with NGOsthan any other institutions. NGOs are uniting the ruralwomen and giving volume to the voice of these women.Aware women become less victim of violence than those whoare unaware121. 121 Bhuiyan, A., Sharmin, T. , and Hanifi, S.M.A. 2003 Nature of Domestic Violenceagainst Women in a Rural Area of Bangladesh: Implication for Preventive Interventions Journal ofHealth Population and Nutrition Vol 21(1) Pp 48-54, Centre for Health and Population

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In conclusion it can be said that though strength andpresence of NGOs and rights’ activists is increasingcumulatively, the limited scope of programmes and theisolated nature of the efforts in this area weakens thestands of women’s organizations to end the domesticviolence against women. Insufficient documentation,research, public education and setting of clearobjectives and inadequate supportive services alsoadversely affect their activities.

8.5 The Role of Media to End Domestic Violence inBangladesh

Personal accounts of violence against women give a humanface to the problem and are particularly effective inconveying the message that such violence is unacceptable.In many countries, the media are keen to cover suchstories, partly because of the sensational nature of thetopic122.

In Bangladesh, special radio and television programmes onthe subject were produced, along with newspaper andmagazine articles. This type of coverage not only helpedraise awareness of the problem and the fact that help isavailable, but served as an incentive among generalpublic to do something about it123. In our country therole of media to stop the domestic violence against womenis reflected in various following ways.

8.5.1 Special law related TV Programs

People are becoming more conscious about the legal rightsand remedy of women through some special law orientedprogrammes like “Ain O Adalat” telecasted on BTV.

Research ICDDR,B March 2003 March Dhaka.122 Raab, M &Rocha. “Campaigns to End Violence against Women and Girls” United Nations Equity for Gender and Empowerment of Women;December,2011;Part-6.5.123 Campbell JC, Manganello J. Changing public attitudes as a preventionstrategy to reduce intimate partner violence. Journal of Aggression, Maltreatment andTrauma, 2006, 13:13–39.

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Nowadays every satellite tv channels also telecastssimilar program to raise the consciousness regardingwomen’s rights. By such program women can know theirrights and remedy and their family members know theconsequences of domestic violence against women.

8.5.2 Victims Oriented Programs

In the era of independent and available media inBangladesh, there are about hundreds programs telecastedand broadcasted in both TV channels and radios in orderto end the domestic violence and the rehabilitation ofthe victims. “Ami Ekhon Ki Korbo” in Bangla Visionconducted by Prof. Mehtab Khanam and “Joytu” in EkattorTV conducted by Abbdur Nur Tushar are mostly notable.

8.5.3 Through Literature:

The trend of Protection of women from domestic violencethrough literature was initiated by prominent writerBegum Rokeya Shakhwat. She was the first author whoboldly encouraged the women to have education andemployment. This trend did not run properly whole overthe centuries. However, some other recent prominentwriter like Shamsur Rahman, Sufia Kamal, Humayun Azadhave been vocal regarding women’s rights and theirprotection against domestic violence. The writers likeTaslima Nasreen and Hasan Azizul Hoq very openly revealedthe real pictures of domestic violence against women.

8.5.4 Plays and Cinema

In this era of equal rights and humanity, women are stillneglected and victimized. The real condition of women inrural and fundamental society is sometimes reflected indrama, cinema and tele-film broadcasted in various tvchannels. Besides, the real scenario is also staged byamateur theatre groups.

8.5.5 Women’s Pages in Newspapers:

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The special “women pages” in widely circulated dailiesalso play significant role to stop domestic violenceagainst women as they discourage the genderdiscrimination. Special features and articles arepublished on or written by the successful women who wonthe battle against domestic violence. They prescribed theway how to protest domestic violence and how the victimscan be self-dependent. “Nari-Mancha” in prothom-alo and“Forum” in daily star are mostly notable.

However, in a country where literacy rate is very low,electricity is not available in remote areas and stagesfor public performance are few, the campaign againstdomestic violence in media necessarily reaches only afraction of population. Moreover this small campaign isinterrupted by fundamentalists who accuse the media as asource of vulgarism. The publication of indecent elementsis also responsible. Despite these hindrances, the mediais contributing cumulatively and significantly to end thedomestic violence against women.

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Chapter IXConclusion

9.1 Findings

9.1.1 In the course of analysis of the exposure ofdomestic violence against women prevailing in Bangladeshand in searching the way outs, it is found that genderbased domestic violence is a multidimensional and multi-causal serious problem.

9.1.2 There are more than 20 legislations directly orindirectly related to women in Bangladesh. Although thereare checks and balances in the legislative process, theyare not properly implemented.

9.1.3 Acceptance of Dowry is also considered a form ofviolence against women.

9.1.4 Social structural factors contribute to domesticviolence. Gender ideology, an unequal and inferior statusto women, legitimizing the husband’s violence andrecognizing his possessional rights over his wifereinforced by both religious and secular laws, are themainly responsible for the alarming occurrence ofdomestic violence. Patriarchal norms and traditions ofmale supremacy and subservience and dependency of womenhave also added the fuel for the social disease ofdomestic violence against women.

9.1.5 Barriers such as lack of resources, lack of socialsupport, lack of knowledge, lack of skill, lack ofinformation, lack of education, inappropriate languageare some of the reasons which forces individuals toremain in a violent relationship. Most of the offendersand the victims even do not know that there are laws inBangladesh where they can get punishment or redress from.

9.1.6 Fear is used as a tool for perpetuating intimatepartner violence.

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9.1.7 Service Providers, counselors, protection officersand lawyers are identified as crucial instruments toprovide support services.

9.1.8 Domestic violence is entrenched not only in theurban areas but in rural areas as well. It is moreevident in patriarchal form of the society thanmatrilineal society. Dowry acceptance is also considereda form of violence. Education and economical independenceis one of the key factors that can bring about change.

9.1.9 There are very few organizational structures thatprovide counseling for the victim of domestic violence.This missing facet is one of the root causes of violence.

9.1.10 In today’s world, women are far more educated,liberated, exposed to media thereby leaving soldiersbehind. Incompatibility which has resulted by the changein the outlook can also lead to violence.

9.1.11 Survivors of domestic violence find it difficultto identify themselves as victims due to the commonalityof occurrence, apart from shame, self blame and fear.

9.1.12 In order to prevent domestic violence, it seemedimportant to understand the psyche of the perpetrators.The society of this country still believes on malesuperiority and female inferiority, still believes ondowry not dower.

9.1.13 Whatever is the cause of violence, offendersdeserve punishment but it comes to prevention of violenceagainst women, more awareness program, educational andmedia initiatives are needed.

9.1.14 Regarding implementation of laws, ineffective andinadequate mechanisms is a bar in context of Bangladesh.Delays in court proceedings, influential power of theaccused, and corruption in the law enforcement agenciesare impediments to the elimination of crime and violence

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against women.

9.1.15 As a result the periphery of the protection to thewomen from the exposure of domestic violence inBangladesh, which is main discussion of this paper, isvery tiny and frustrating. The few attempts designed toreduce the aggression of this social vice has not beensuccessful as anticipated. The prime reason of suchfrustrating success rate in protecting women from in-house violence has been identified as the double load ofpatriarchy and poverty over the vulnerable victims.

9.1.16 International instruments are also not being ableto protect the womwn from the exposure of domesticviolence so far. Bangladesh at first reserved Articles13(a), 16 (1) (c) and (f), and Article 2, which requiresexamination of constitutions, laws, and policies and theenactment of a legislative and administrative frameworkto implement the Convention.

9.2 Recommendations

9.2.1 Domestic violence protection strategies should belooked for within family and community settings. Criticalneed for interventions that involve men and boys toreduce domestic violence. Restraining children(especially boys) from witnessing and facing violencereduce the risk of future domestic violence.

9.2.2 Reducing domestic violence should be based on acommitment to long term support. Poverty, unemploymentand illiteracy promote disadvantaged family and neighborhoods. It reduces economic and psycho-social supportslike egalitarian distribution of resources, male controlof the available resources, self-esteem, mutual respectand understanding. Economic development reduce property,unemployment and as result of illiteracy and improvehealth, education and wellbeing. Therefore economicdevelopment along with sustainable economic growth maynot only reduce the economic disparities but also may act

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as protecting factor for domestic violence against women.In this opportunity I should mention that likeindustrialized countries, their developing counterpartsmay also demand higher education of the women instead ofliteracy. Violence not only affects the victims also thefamily members, especially on the economic ground.However, more such studies are warranted from developingcountries to confirm the positive effect on protection ofwomen from the exposure of domestic violence.

9.2.3 Being failed to convey proper protection to womenfrom domestic violence, to provide effectiveimplementation of laws and to offer necessary support forvulnerable women, the corresponding attempts adopted bythe government appear as “a treatment curing symptoms instead ofpreventing the disease”. For the true protection to the womenfrom the exposure of domestic violence, to strengthentheir position and status and to ensure the gender equitysome effective measures and strategies must be initiatedimmediately by a combined contribution from all relevantparties. Patriarchal mindset must change in order fordomestic violence to be eliminated.

9.2.4 Partnership of men and women to reduce theincidences of violence against women is important.

9.2.5 There is a need for developing strong evidence onthe linkages between domestic violence and its reasons.

9.2.6 Bangladeshi schools should be the primaryinstitutions that promote domestic violence againstwomen.

9.2.7 The structural roots of domestic violence are oftenneglected which needs attention.

9.2.8 Media could be an effective tool for awareness andeducation about domestic violence.

9.2.9 Need for early interventions and screeningfacilities at the health care centers.

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9.2.10 Individual experiences of domestic violence aredifferent in each case. There is a need to consider howdomestic violence is experienced.

9.2.11 Art can be a great mediator of human life.Performing art provides an important link to theawareness of consciousness. It is through art thatdomestic violence can also be presented, reiterated andreexamined.

9.2.12 Corporate should come forward to help, organizemeetings and workshops on violence, preventing violenceand also making resources easily available to thecommunity.

9.2.13 Corporate should invite spouses as well with theemployees to attend these meetings along with theirintimate partners, which would not only help the spouseto get the information of the available resources butalso assure that there is someone to contact.

9.2.14 There is a need for creative thinking andalternative voices in the media, which is happening tosome extent. All political parties should declare theiragenda regarding women’s empowerment and protection fromviolence in their manifesto. After all an unifiedcontribution of all sections of the society can onlyensure the protection to women from the exposure ofdomestic violence in Bangladesh.

9.2.15 To end the domestic violence against women, weneed to start from the root level educating families andespecially the children who are the future of Bangladesh.Laws are necessary to fight over discrimination anddomestic violence but we will have to prepare the countryas well as the future generation that we have to win overall the discriminations and inequalities posed domesticviolence against women all over the world.

9.3 Conclusion95

In the context of gender imbalance, well establish risksof family abuse have a relatively high prevalence inrural Bangladesh. In addition to demographic and socialfactors associated with intimate partner violence,factors such as women’s access to information andautonomy in the domestic arena were scrutinized aspossible predictors of intimate partner violence. Men doabuse their intimate partners. Men play the main role forviolence against women.

Domestic violence is associated with socio economicisolation and control. Women’s subordinate social statuswith gender inequality in developing countries induceviolence against women. Social supports rather thaninstitutional support act and protective factors domesticviolence. Women’s economic empowerment is the vitalprotective factor for domestic violence againstthemselves. Therefore, through higher education, economicempowerment and awareness we can expect to reduce women’ssocial isolation and improve social protecting behavioragainst domestic violence. At the same time, strategiesto eradicate gender inequalities must involve efforts toimprove the status of the women. Women have to come outof the subordinate, low status situation and createawareness against it. It appears finally from thefindings that higher educational efforts and priority toempowerment of the women, along with the properimplementation of the women sensitive legislation aremore likely to contribute to protect women from theexposure of domestic violence in the family. Otherwise,it is hardly possible to ensure women’s independence insociety and to give them equal power within families.

Therefore, I would like to recommend that programsrelated to women’s issues such as reproductive health,empowerment, human rights and women movements shoulddeliberately be consider the domestic violence issue. Thecommunity safety programs demonstrate their effectivenessfor injury protection mainly in the industrializedcountries. The programs need to be utilized rapidly and

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vividly in the developing countries. Therefore, the “SafeCommunity” movement can be used more and more to fosterviolence protection program around the world, especiallyin the developing countries like Bangladesh.

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Bibliography

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Cases ____________________________________________________

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