1

“Protection and Promotion of Women Rights

Through Empowerment: National Perspective”

Md. Arifur Rahman

Chapter-01Introduction to dissertation

AbstractHalf of the brainpower on Earth is in the heads of women.

Women empowerment is a debatable subject. At earlier time they

were getting equal status with men. But they had faced huge

difficulties during post-Vedic and epic ages. They were treated

as a source of entertainment as well as a saleable property. Many

a time they were treated as slave. From early 20th century

(national movement) their statuses have been changed slowly and

gradually. In this regard we can mention the name of the British

people. Thereafter, the independence of Indian sub-contingent and

then independence of Bangladesh are happened. The farmers of the

constitution and national leaders strongly demand equal position

of women with men in all spheres of national life. Mainstreaming

women through gender specific policies is an acknowledged

precondition for achieving meaningful development in any

developing country like Bangladesh. They provide an essential

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opportunity for economic and social development and progress.

Women’s participation in any kind of social and economic activity

is of a complementary nature to their family incomes. To many of

them, their participation in no way reduces their family duties.

Women’s equal rights are now defined by women’s economic

empowerment. Today it has been seen the women occupied the

respectable positions in all public and private professions. But

in practice, still they have faced a lot of difficulties to

maintain their liberty. not absolutely free from some

discrimination and harassment of the society. A few numbers of

women have been able to establish their potentialities.

Therefore, each and everyone should be careful to promote the

women statuses.

JustificationHalf of the total population is women. No socio-economic,

legal, political and cultural development, protection and

promotion of women rights is possible without the empowerment of

women. So, identifying the hindrance of women empowerment in my

research work to take steps to solve the problems is the main

purpose of my research work.

Research QuestionFor centuries women were not treated equal to men in many

ways. They were not allowed to own property, they did not have a

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Share in the property of their parents, they had no voting

rights, and they had no freedom to choose their work or job and

so on. Now that we have come out of those dark days of oppression

of women there is a need for strong movement to fight for the

rights of women and to ensure that they get all the rights which

men have or in other words a movement for the Empowerment of

Women.

Scope of researchThe dignity of women, the role of women in the field of

socio-economic and political and cultural development and legal

status of women and many other problems of women are discussed.

ObjectivesThis study attempts to clarify the differences among the

technical terms like women empowerment, autonomy, status, gender

equality etc. which have frequently been misused in many studies.

This paper are to present the issue of empowerment, a description

of women owned businesses in Bangladesh and some of the

motivational factors behind them, their characteristics,

challenges and opportunities they face as they work to achieve

economic and personal empowerment.

Creating an environment through positive economic and

social policies for full development of women to enable

them to realize their full potential

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The de-jure and de-facto enjoyment of all human rights and

fundamental freedom by women on equal basis with men in

all spheres – political, economic, social, cultural and

civil

Equal access to participation and decision making of

women in social, political and economic life of the

nation

Equal access to women to health care, quality education

at all levels, career and vocational guidance,

employment, equal remuneration, occupational health and

safety, social security and public office etc.

Strengthening legal systems aimed at elimination of all

forms of discrimination against women

Changing societal attitudes and community practices by

active participation and involvement of both men and

women.

Mainstreaming a gender perspective in the development

process.

Elimination of discrimination and all forms of violence

against women and the girl child; and

Building and strengthening partnerships with civil

society, particularly women’s organizations.

LimitationsSince Empowerment of women in Bangladesh is a very important

matter, it is very difficult to prepare such a research work. In

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spite of many limitations the research work has been prepared.

The limitations some-

It is difficult to mediate over the matter for want of

time because such an important work requires a lot of

time.

Data is collected from secondary level, not from

primary level.

Besides, insufficiency of computer, lab, e-mail also

extents problem to collect proper data.

Research methodologyThis study is basically based on the review of information

collected from secondary sources i.e. published books, reports,

research works, journals and newspapers. Some information is also

collected through internet browsing.

Chapter-02Evaluation of women rights

Introduction Women's rights are the rights and entitlements claimed for

women and girls of many societies worldwide. In some places,

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these rights are institutionalized or supported by law, local

custom, and behavior, whereas in others they may be ignored or

suppressed. They differ from broader notions of human rights

through claims of an inherent historical and traditional bias

against the exercise of rights by women and girls in favor of men

and boys.1

Issues commonly associated with notions of women's rights

include, though are not limited to, the right: to bodily

integrity and autonomy; to vote (suffrage); to hold public

office; to work; to fair wages or equal pay; to own property; to

education; to serve in the military or be conscripted; to enter

into legal contracts; and to have marital or parental rights.2

The Middle AgesAccording to English Common Law, which developed from the

12th century onward, all property which a wife held at the time

of marriage became a possession of her husband. Eventually

English courts forbade a husband's transferring property without

the consent of his wife, but he still retained the right to

manage it and to receive the money which it produced. French

married women suffered from restrictions on their legal capacity

which were removed only in 1965.3 In the 16th century, the

Reformation in Europe allowed more women to add their voices,1 Hosken, Fran P., 'Towards a Definition of Women's Rights' in Human Rights Quarterly, Vol. 3, No. 2.(May, 1981), pp. 1–10.2Lockwood, Bert B. (ed.), Women's Rights: A "Human Rights Quarterly" Reader (Johns Hopkins UniversityPress, 2006),. 3 Badr, Gamal M.; Mayer, Ann Elizabeth (Winter 1984). "Islamic Criminal Justice". The American Journal of Comparative Law (American Society of Comparative Law) 32 (1): 167–169

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including the English writers Jane Anger, Aemilia Lanyer, and the

prophetess Anna Trapnell. English and American Quakers believed

that men and women were equal. Many Quaker women were preachers.4

Despite relatively greater freedom for Anglo-Saxon women, until

the mid-19th century, writers largely assumed that a patriarchal

order was a natural order that had always existed.5 This

perception was not seriously challenged until the 18th century

when Jesuit missionaries found matrilineality in native North

American peoples.6

18th and 19th century EuropeStarting in the late 18th century, and throughout the

19th century, rights, as a concept and claim, gained increasing

political, social, and philosophical importance in Europe.

Movements emerged which demanded freedom of religion, the

abolition of slavery, rights for women, rights for those who did

not own property, and universal suffrage.7 In the late 18th

century the question of women's rights became central to

political debates in both France and Britain. At the time some of

the greatest thinkers of the Enlightenment, who defended

democratic principles of equality and challenged notions that a

privileged few should rule over the vast majority of the

4 W. J. Rorabaugh, Donald T. Critchlow, Paula C. Baker (2004). "America's promise: a concise history of the United States". Rowman & Littlefield. p.75.5 Maine, Henry Sumner. Ancient Law 1861.6 Lafitau, Joseph François, cited by Campbell, Joseph in, Myth, religion, and mother-right: selected writings of JJ Bachofen. Manheim, R (trans.) Princeton, N.J. 1967 introduction xxxiii7 Sweet, William (2003). Philosophical theory and the Universal Declaration of Human Rights. University of OttawaPress. p. 4

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population, believed that these principles should be applied only

to their own gender and their own race. The philosopher Jean

Jacques Rousseau, for example, thought that it was the order of

nature for woman to obey men. He wrote "Women do wrong to

complain of the inequality of man-made laws" and claimed that

"when she tries to usurp our rights, she is our inferior".8

The efforts of Dorothea von Velen—mistress of Johann Wilhelm,

Elector Palatine—led to the abolition of couverture in the

Electoral Palatinate in 1707, making it an early beacon of

women's rights. The Palatinate was the first German state to

abolish couverture, but it was briefly re-instated by Karl III

Philipp, Johann Wilhelm's successor. Dorothea protested from

exile in Amsterdam. She published her memoirs, A Life for Reform,

which were highly critical of Karl III Philipp's government. To

avoid a scandal, Karl III Philipp yielded to Dorothea's demands,

and couverture was once again abolished.9

In 1791 the French playwright and political activist Olympe de

Gouges published the Declaration of the Rights of Woman and the

Female Citizen, modelled on the Declaration of the Rights of Man

and of the Citizen of 1789. The Declaration is ironic in

formulation and exposes the failure of the French Revolution,

which had been devoted to equality. It states that: “This

revolution will only take effect when all women become fully

aware of their deplorable condition, and of the rights they have

8 Lauren, Paul Gordon (2003). The evolution of international human rights: visions seen. University of Pennsylvania Press. pp. 29 & 309 Langdon-Davies, John (1962). Carlos: The Bewitched. Jonathan Cape. pp. 167-170

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lost in society”. The Declaration of the Rights of Woman and the

Female Citizen follows the seventeen articles of the Declaration

of the Rights of Man and of the Citizen point for point and has

been described by Camille Naish as “almost a parody...of the

original document”. The first article of the Declaration of the

Rights of Man and of the Citizen proclaims that “Men are born and

remain free and equal in rights. Social distinctions may be based

only on common utility.” The first article of Declaration of the

Rights of Woman and the Female Citizen replied: “Woman is born

free and remains equal to man in rights. Social distinctions may

only be based on common utility”. De Gouges expands the sixth

article of the Declaration of the Rights of Man and of the

Citizen, which declared the rights of citizens to take part in

the formation of law, to: “All citizens including women are

equally admissible to all public dignities, offices and

employments, according to their capacity, and with no other

distinction than that of their virtues and talents”.

De Gouges also draws attention to the fact that under French law

women were fully punishable, yet denied equal rights.10

Mary Wollstonecraft, a British writer and philosopher, published

A Vindication of the Rights of Woman in 1792, arguing that it was

the education and upbringing of women that created limited

expectations. Wollstonecraft attacked gender oppression, pressing

for equal educational opportunities, and demanded "justice!" and

10 Naish, Camille (1991). Death comes to the maiden: Sex and Execution, 1431–1933. Routledge. p. 137

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"rights to humanity" for all.11 Wollstonecraft, along with her

British contemporaries Damaris Cudworth and Catherine Macaulay

started to use the language of rights in relation to women,

arguing that women should have greater opportunity because like

men, they were moral and rational beings.12

In his 1869 essay The Subjection of Women the English philosopher

and political theorist John Stuart Mill described the situation

for women in Britain as follows:

"We are continually told that civilization and Christianity have

restored to the woman her just rights. Meanwhile the wife is the

actual bondservant of her husband; no less so, as far as the

legal obligation goes, than slaves commonly so called."

Then a member of parliament, Mill argued that women deserve the

right to vote, though his proposal to replace the term "man" with

"person" in the second Reform Bill of 1867 was greeted with

laughter in the House of Commons and defeated by 76 to 196 votes.

His arguments won little support amongst contemporaries but his

attempt to amend the reform bill generated greater attention for

the issue of women's suffrage in Britain. Initially only one of

several women's rights campaigns, suffrage became the primary

cause of the British women's movement at the beginning of the

20th century. At the time, the ability to vote was restricted to

wealthy property owners within British jurisdictions. This

arrangement implicitly excluded women as property law and

11 Lauren, Paul Gordon (2003). The evolution of international human rights: visions seen. University of Pennsylvania Press. p. 32.12 Sweet, William (2003). Philosophical theory and the Universal Declaration of Human Rights. University of Ottawa Press. p. 10.

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marriage law gave men ownership rights at marriage or inheritance

until the 19th century. Although male suffrage broadened during

the century, women were explicitly prohibited from voting

nationally and locally in the 1830s by a Reform Act and the

Municipal Corporations Act. Millicent Fawcett and Emmeline

Pankhurst led the public campaign on women's suffrage and in 1918

a bill was passed allowing women over the age of 30 to vote.13

Modern movementsIn the subsequent decades women's rights again became an

important issue in the English speaking world. By the 1960s the

movement was called "feminism" or "women's liberation." Reformers

wanted the same pay as men, equal rights in law, and the freedom

to plan their families or not have children at all. Their efforts

were met with mixed results.14

The International Council of Women (ICW) was the first women's

organization to work across national boundaries for the common

cause of advocating human rights for women. In March and April

1888, women leaders came together in Washington D.C. with 80

speakers and 49 delegates representing 53 women's organizations

from 9 countries: Canada, the United States, Ireland, India,

England, Finland, Denmark, France and Norway. Women from

professional organizations, trade unions, arts groups and

benevolent societies participate. National Councils are

13 Phillips, Melanie, The Ascent of Woman: A History of the Suffragette Movement (Abacus, 2004)14 "Waves of Feminism". Jofreeman.com. Retrieved 30 August 2011.

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affiliated to the ICW and thus make themselves heard at

international level. The ICW worked with the League of Nations

during the 1920s and the United Nations post-World War II. Today

the ICW holds Consultative Status with the United Nations

Economic and Social Council, the highest accreditation an NGO can

achieve at the United Nations. Currently, it is composed of 70

countries and has a headquarters in Lasaunne, Switzerland.

International meetings are held every three years.

In the UK, a public groundswell of opinion in favour of legal

equality had gained pace, partly through the extensive employment

of women in what were traditional male roles during both world

wars. By the 1960s the legislative process was being readied,

tracing through MP Willie Hamilton's select committee report, his

equal pay for equal work bill,15 the creation of a Sex

Discrimination Board, Lady Sear's draft sex anti-discrimination

bill, a government Green Paper of 1973, until 1975 when the first

British Sex Discrimination Act, an Equal Pay Act, and an Equal

Opportunities Commission came into force.16 With encouragement

from the UK government, the other countries of the EEC soon

followed suit with an agreement to ensure that discrimination

laws would be phased out across the European Community.

In the USA, the National Organization for Women (NOW) was created

in 1966 with the purpose of bringing about equality for all

women. NOW was one important group that fought for the Equal

15 "Tributes paid to veteran anti-royalist". BBC News. 27 January 2000.16 The Guardian, 29 December 1975 and The Times, 29 December 1975 "Sex discrimination in advertising banned".

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Rights Amendment (ERA). This amendment stated that "equality of

rights under the law shall not be denied or abridged by the

United States or any state on account of sex." But there was

disagreement on how the proposed amendment would be understood.

Supporters believed it would guarantee women equal treatment. But

critics feared it might deny women the right be financially

supported by their husbands. The amendment died in 1982 because

not enough states had ratified it. ERAs have been included in

subsequent Congresses, but have still failed to be ratified.17

Women for Women International (WfWI) is a nonprofit humanitarian

organization that provides practical and moral support to women

survivors of war. WfWI helps such women rebuild their lives after

war’s devastation through a year-long tiered program that begins

with direct financial aid and emotional counseling and includes

life skills (e.g., literacy, numeracy) training if necessary,

rights awareness education, health education, job skills training

and small business development. The organization was co-founded

in 1993 by Zainab Salbi, an Iraqi American who is herself a

survivor of the Iran–Iraq War and Salbi’s then-husband Amjad

Atallah. Since June 2012, WfWI has been led by Afshan Khan, a

long-time former executive with UNICEF who became WfWI’s first

new CEO since founder Zainab Salbi stepped down to devote more

time to her writing and lecturing.

The National Council of Women of Canada (Conseil national des

femmes du Canada), is a Canadian advocacy organization based in

17 "National Organization for Women: Definition and Much More from". Answers.com. Retrieved 30 August 2011

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Ottawa aimed at improving conditions for women, families, and

communities. A federation of nationally-organized societies of

men and women and local and provincial councils of women, it is

the Canadian member of the International Council of Women (ICW).

The Council has concerned itself in areas including women's

suffrage, immigration, health care, education, mass media, the

environment, and many others. Formed on October 27, 1857 in

Toronto, Ontario, it is one of the oldest advocacy organizations

in the country.18

The Association for the Protection and Defense of Women's Rights

in Saudi Arabia is a Saudi Non-governmental organization founded

to provide activism for women's rights. It was founded by Wajeha

al-Huwaider and Fawzia Al-Uyyouni, and grew out of a 2007

movement to gain women the right to drive. The association is not

officially licensed by the government of Saudi Arabia, and has

been warned not to mount demonstrations. In a 2007 interview, al-

Huwaider described the goals: "The association will consist of a

number of leagues, with each league pursuing a different issue or

right... representation for women in shari'a courts; setting a

[minimum] age for girls' marriages; allowing women to take care

of their own affairs in government agencies and allowing them to

enter government buildings; protecting women from domestic

violence, such as physical or verbal violence, or keeping her

from studies, work, or marriage, or forcing her to divorce..."19

18 "National Council of Women of Canada". The Canadian Encyclopedia. Retrieved 2008-09-0219 "Saudi Feminist Wajeha Al-Huweidar: The Campaign for Women's Right to Drive Saudi Arabia Is Just the Beginning". Memri.org. Retrieved 9 December 2013

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In Ukraine, FEMEN was founded in 2008. The organisation is

internationally known for its topless protests against sex

tourists, international marriage agencies, sexism and other

social, national and international social illnesses. FEMEN has

sympathisers groups in many European countries through social

media.

Chapter-03Women in ancient cultures

IntroductionAlthough males seem to have dominated in many ancient

cultures, there are some exceptions. For instance in the Nigerian

Aka culture women may hunt, even on their own and often control

distribution of resources.20 Ancient Egypt had female rulers,

such as Cleopatra. We discuss about the status of women in

different ancient culture.

Status of Women in ChinaThe status of women in China was low, largely due to the

custom of foot binding. About 45% of Chinese women had bound feet

in the 19th century. For the upper classes, it was almost 100%.

In 1912, the Chinese government ordered the cessation of foot-

binding. Foot-binding involved alteration of the bone structure

so that the feet were only about 4 inches long. The bound feet20 Orr, Christopher. "Where Masturbation and Homosexuality Do Not Exist - Alice Dreger". The Atlantic. Retrieved 9 December 2013

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caused difficulty of movement, thus greatly limiting the

activities of women.

Due to the social custom that men and women should not be near to

one another, the women of China were reluctant to be treated by

male doctors of Western Medicine. This resulted in a tremendous

need for female doctors of Western Medicine in China. Thus,

female medical missionary Dr. Mary H. Fulton (1854–1927) was sent

by the Foreign Missions Board of the Presbyterian Church (USA) to

found the first medical college for women in China. Known as the

Hackett Medical College for Women, this College was located in

Guangzhou, China, and was enabled by a large donation from Mr.

Edward A.K. Hackett (1851-1916) of Indiana, USA. The College was

aimed at the spreading of Christianity and modern medicine and

the elevation of Chinese women's social status.

Status of Women in Ancient GreeceThe status of women in ancient Greece varied form city state

to city state. Records exist of women in ancient Delphi, Gortyn,

Thessaly, Megara and Sparta owning land, the most prestigious

form of private property at the time.21

In ancient Athens, women had no legal personhood and were assumed

to be part of the oikos headed by the male kyrios. Until

marriage, women were under the guardianship of their father or

other male relative. Once married, the husband became a woman's

kyrios. As women were barred from conducting legal proceedings,

21 Gerhard, Ute (2001). Debating women’s equality: toward a feminist theory of law from a European perspective.Rutgers University Press. p. 33. ISBN 978-0-8135-2905-9.

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the kyrios would do so on their behalf.22 Athenian women had

limited right to property and therefore were not considered full

citizens, as citizenship and the entitlement to civil and

political rights was defined in relation to property and the

means to life.23 However, women could acquire rights over

property through gifts, dowry and inheritance, though her kyrios

had the right to dispose of a woman's property.24 Athenian women

could enter into a contract worth less than the value of a

“medimnos of barley” (a measure of grain), allowing women to

engage in petty trading. Slaves, like women, were not eligible

for full citizenship in ancient Athens, though in rare

circumstances they could become citizens if freed. The only

permanent barrier to citizenship, and hence full political and

civil rights, in ancient Athens was gender. No women ever

acquired citizenship in ancient Athens, and therefore women were

excluded in principle and practice from ancient Athenian

democracy.25

By contrast, Spartan women enjoyed a status, power, and respect

that was unknown in the rest of the classical world. Although

Spartan women were formally excluded from military and political

life they enjoyed considerable status as mothers of Spartan

warriors. As men engaged in military activity, women took22 Blundell, Sue (1995). Women in ancient Greece, Volume 1995, Part 2. Harvard University Press. p. 114.ISBN 978-0-674-95473-1.23 Gerhard, Ute (2001). Debating women’s equality: toward a feminist theory of law from a European perspective.Rutgers University Press. p. 35. ISBN 978-0-8135-2905-9.24 Blundell, Sue (1995). Women in ancient Greece, Volume 1995, Part 2. Harvard University Press. p. 115.ISBN 978-0-674-95473-1.25 Robinson, Eric W. (2004). Ancient Greek democracy: readings and sources. Wiley-Blackwell. p. 302.ISBN 978-0-631-23394-7.

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responsibility for running estates. Following protracted warfare

in the 4th century BC Spartan women owned approximately between

35% and 40% of all Spartan land and property.26 By the

Hellenistic Period, some of the wealthiest Spartans were women.

They controlled their own properties, as well as the properties

of male relatives who were away with the army.27 Spartan women

rarely married before the age of 20, and unlike Athenian women

who wore heavy, concealing clothes and were rarely seen outside

the house, Spartan women wore short dresses and went where they

pleased.28 Girls as well as boys received an education, and young

women as well as young men may have participated in the

Gymnopaedia ("Festival of Nude Youths").29

Plato acknowledged that extending civil and political rights to

women would substantively alter the nature of the household and

the state.30 Aristotle, who had been taught by Plato, denied that

women were slaves or subject to property, arguing that "nature

has distinguished between the female and the slave", but he

considered wives to be "bought". He argued that women's main

economic activity is that of safeguarding the household property

created by men. According to Aristotle the labour of women added

no value because "the art of household management is not

26 Pomeroy, Sarah B. Goddess, Whores, Wives, and Slaves: Women in Classical Antiquity. New York: Schocken Books,1975. pp. 60–62. 27 Ibid28 Ibid p-13429 Ibid30 Robinson, Eric W. (2004). Ancient Greek democracy: readings and sources. Wiley-Blackwell. p. 300. ISBN 978-0-631-23394-7.

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identical with the art of getting wealth, for the one uses the

material which the other provides".31

Contrary to these views, the Stoic philosophers argued for

equality of the sexes, sexual inequality being in their view

contrary to the laws of nature.32 In doing so, they followed the

Cynics, who argued that men and women should wear the same

clothing and receive the same kind of education.33 They also saw

marriage as a moral companionship between equals rather than a

biological or social necessity, and practiced these views in

their lives as well as their teachings.34 The Stoics adopted the

views of the Cynics and added them to their own theories of human

nature, thus putting their sexual egalitarianism on a strong

philosophical basis.35

Status of Women in Ancient RomeFreeborn women of ancient Rome were citizens who enjoyed

legal privileges and protections that did not extend to non-

citizens or slaves. Roman society, however, was patriarchal, and

women could not vote, hold public office, or serve in the

military.[23] Women of the upper classes exercised political

influence through marriage and motherhood. During the Roman

Republic, the mother of the Gracchus brothers and of Julius

Caesar were noted as exemplary women who advanced the career of31Gerhard, Op cit pp 32-3532 Colish, Marcia L. (1990). The Stoic Tradition from Antiquity to the Early Middle Ages: Stoicism in classical Latin literature. BRILL. pp. 37-38. ISBN 978-90-04-09327-0.33 Ibid34 Ibid35 Ibid

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their sons. During the Imperial period, women of the emperor's

family could acquire considerable political power, and were

regularly depicted in official art and on coinage. Plotina

exercised influence on both her husband, the emperor Trajan, and

his successor Hadrian. Her letters and petitions on official

matters were made available to the public —an indication that her

views were considered important to popular opinion.36

A child's citizen status was determined by that of its mother.

Both daughters and sons were subject to patria potestas, the

power wielded by their father as head of household

(paterfamilias). At the height of the Empire (1st–2nd centuries),

the legal standing of daughters differs little if at all from

that of sons.37 Girls had equal inheritance rights with boys if

their father died without leaving a will.

In the earliest period of the Roman Republic, a bride passed from

her father's control into the "hand" (manus) of her husband. She

then became subject to her husband's potestas, though to a lesser

degree than their children. This archaic form of manus marriage

was largely abandoned by the time of Julius Caesar, when a woman

remained under her father's authority by law even when she moved

into her husband's home. This arrangement was one of the factors

in the independence Roman women enjoyed relative to those of many

other ancient cultures and up to the modern period: although she

had to answer to her father in legal matters, she was free of his

36 Walter Eck, "The Emperor and His Advisors," Cambridge Ancient History (Cambridge UniversityHistory, 2000), p. 211.37 Frier and McGinn, A Casebook on Roman Family Law, pp. 19–20.

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direct scrutiny in her daily life, and her husband had no legal

power over her.38 When her father died, she became legally

emancipated (sui iuris). A married woman retained ownership of any

property she brought into the marriage.39 Although it was a point

of pride to be a "one-man woman" (univira) who had married only

once, there was little stigma attached to divorce, nor to speedy

remarriage after the loss of a husband through death or

divorce.40 Under classical Roman law, a husband had no right to

abuse his wife physically or compel her to have sex. Wife beating

was sufficient grounds for divorce or other legal action against

the husband.41

Because she remained legally a part of her birth family, a Roman

woman kept her own family name for life. Children most often took

the father's name, but in the Imperial period sometimes made

their mother's name part of theirs, or even used it instead.42 A

Roman mother's right to own property and to dispose of it as she

saw fit, including setting the terms of her own will, enhanced

her influence over her sons even when they were adults. Because

of their legal status as citizens and the degree to which they

could become emancipated, women could own property, enter

contracts, and engage in business. Some acquired and disposed of

38 Frier and McGinn, A Casebook on Roman Family Law, pp. 19–20, 22.39 Ibid40 Susan Treggiari, Roman Marriage: Iusti Coniuges from the Time of Cicero to the Time of Ulpian (Oxford University Press, 1991), pp. 258–259, 500–502 et passim.41 Garrett G. Fagan, "Violence in Roman Social Relations," in The Oxford Handbook of Social Relations (Oxford University Press, 2011), p. 487.42 Rawson, "The Roman Family," p. 18.

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sizable fortunes, and are recorded in inscriptions as benefactors

in funding major public works.43

Roman women could appear in court and argue cases, though it was

customary for them to be represented by a man.44 They were

simultaneously disparaged as too ignorant and weak-minded to

practice law, and as too active and influential in legal matters-

resulting in an edict that limited women to conducting cases on

their own behalf instead of others'. Even after this restriction

was put in place, there are numerous examples of women taking

informed actions in legal matters, including dictating legal

strategy to their male advocates.

The first Roman emperor, Augustus, framed his ascent to sole

power as a return to traditional morality, and attempted to

regulate the conduct of women through moral legislation.

Adultery, which had been a private family matter under the

Republic, was criminalized, and defined broadly as an illicit sex

act (stuprum) that occurred between a male citizen and a married

woman, or between a married woman and any man other than her

husband. That is, a double standard was in place: a married woman

could have sex only with her husband, but a married man did not

commit adultery when he had sex with a prostitute, slave, or

person of marginalized status (infamis). Childbearing was

encouraged by the state: the ius trium liberorum ("legal right of

three children") granted symbolic honors and legal privileges to

43 Margaret L. Woodhull, "Matronly Patrons in the Early Roman Empire: The Case of Salvia Postuma," in Women's Influence on Classical Civilization (Routledge, 2004), p. 77.44 Richard A. Bauman, Women and Politics in Ancient Rome (Routledge, 1992, 1994), p. 50.

23

a woman who had given birth to three children, and freed her from

any male guardianship.45

Stoic philosophies influenced the development of Roman law.

Stoics of the Imperial era such as Seneca and Musonius Rufus

developed theories of just relationships. While not advocating

equality in society or under the law, they held that nature gives

men and women equal capacity for virtue and equal obligations to

act virtuously, and that therefore men and women had an equal

need for philosophical education. These philosophical trends

among the ruling elite are thought to have helped improve the

status of women under the Empire.46

Rome had no system of state-supported schooling, and education

was available only to those who could pay for it. The daughters

of senators and knights seem to have regularly received a primary

education (for ages 7 to 12). Regardless of gender, few people

were educated beyond that level. Girls from a modest background

might be schooled in order to help with the family business or to

acquire literacy skills that enabled them to work as scribes and

secretaries. The woman who achieved the greatest prominence in

the ancient world for her learning was Hypatia of Alexandria, who

taught advanced courses to young men and advised the Roman

prefect of Egypt on politics. Her influence put her into conflict

with the bishop of Alexandria, Cyril, who may have been

45 Yan Thomas, "The Division of the Sexes in Roman Law," in A History of Women from Ancient Goddesses to Christian Saints (Harvard University Press, 1991), p. 133.46 Ratnapala, Suri (2009). Jurisprudence. Cambridge University Press. pp. 134–135. ISBN 978-0-521-61483-2.

24

implicated in her violent death in the year 415 at the hands of a

Christian mob.

Roman law recognized rape as a crime in which the victim bore no

guilt. Rape was a capital crime. The right to physical integrity

was fundamental to the Roman concept of citizenship, as indicated

in Roman legend by the rape of Lucretia by the king's son. After

speaking out against the tyranny of the royal family, Lucretia

killed herself as a political and moral protest. Roman authors

saw her self-sacrifice as the catalyst for overthrowing the

monarchy and establishing the republic. As a matter of law, rape

could be committed only against a citizen in good standing. The

rape of a slave could be prosecuted only as damage to her owner's

property. Most prostitutes in ancient Rome were slaves, though

some slaves were protected from forced prostitution by a clause

in their sales contract. A free woman who worked as a prostitute

or entertainer lost her social standing and became infamis,

"disreputable"; by making her body publicly available, she had in

effect surrendered her right to be protected from sexual abuse or

physical violence. Attitudes toward rape changed as the empire

came under Christian rule. St. Augustine and other Church Fathers

interpreted Lucretia's suicide as perhaps an admission that she

had encouraged the rapist and experienced pleasure. Under

Constantine, the first Christian emperor, if a father accused a

man of abducting his daughter, but the daughter had given her

consent to an elopement, the couple were both subject to being

burnt alive. If she had been raped or abducted against her will,

25

she was still subject to lesser penalties as an accomplice, "on

the grounds that she could have saved herself by screaming for

help."47

Chapter-04Women in religion

Women in IslamWomen in Islam are guided by primary Islamic sources of

personal law, namely the Quran and hadiths, as well as secondary

sources such as the ijma, qiyas, ijtihad in form such as fatwas;

the secondary sources vary with various sects of Islam and

schools of jurisprudence (madhhab).48 In certain regions, in

addition to religious guidelines, pre-Islamic cultural traditions

play a role.49 Islamic laws and cultural customs impact various

stages of a Muslim women's life, including her education,

employment opportunities, rights to inheritance, female

circumcision, dress, age of marriage, freedom to consent to

marriage, marriage contract, mahr, permissibility of birth

control, divorce, sex outside or before marriage, her ability to

47 Gardner, Women in Roman Law and Society, p. 120; James A. Brundage, Law, Sex, and Christian Society inMedieval Europe (University of Chicago Press, 1987, 1990), p. 107; Charles Matson Odahl, Constantineand the Christian Empire (Routledge, 2004), p. 179; Timothy David Barnes, Constantine and Eusebius (HarvardUniversity Press, 1981), p. 220; Gillian Clark, Women in Late Antiquity: Pagan and Christian Lifestyles (OxfordUniversity Press, 1993), pp. 36–37, characterizing Constantine's law as "unusually dramatic evenfor him."48 Kamali, Mohammad Hashim. Principles of Islamic Jurisprudence, Cambridge: Islamic Text Society,1991.49 Haddad and Esposito, (1998), Islam, Gender, and Social Change, Oxford University Press,pp. xii–xx.

26

receive justice in case of sex crimes, property rights

independent of her husband, and when salat (prayers) are

mandatory for her.50 Polygyny is allowed to men under Islam, but

not widespread; in some Islamic countries, such as Iran, a

woman's husband may enter into temporary marriages in addition to

permanent marriage. Islam forbids Muslim women from marrying a

non-Muslim. There is debate and controversy on gender roles

according to Islam.51

Sharia provides for complementarianism, differences between

women's and men's roles, rights, and obligations. Being a Muslim

is more than a religious identity; Islam outlines and structures

ways in which a Muslim woman lives her life on a day-to-day

basis. Islam does not mandate Muslim women to be housewives; but

needs her husband’s permission to leave house and take up

employment. In majority Muslim countries women exercise varying

degrees of their religious rights with regards to marriage,

divorce, legal status, dress code, and education based on

different interpretations. Scholars and other commentators vary

as to whether they are just and whether they are a correct

interpretation of religious imperatives.

The Qur'an, revealed to Prophet Muhammad (sm) over the course of

23 years, provided guidance to the Islamic community and modified

existing customs in Arab society.52 From 610 and 661, known as

50 Joseph Schacht, An Introduction to Islamic Law (Oxford: Clarendon Press, 1973)51 Dunn, S., & Kellison, R. B. (2010). "At the Intersection of Scripture and Law: Qur'an 4: 34and Violence against Women". Journal of Feminist Studies in Religion, 26(2), pp. 11–3652 Esposito, John L., with DeLong-Bas, Natana J. (2001). Women in Muslim Family Law, 2nd revised Ed.Available here via GoogleBooks preview. Syracuse University Press.

27

the early reforms under Islam, the Qur'an introduced fundamental

reforms to customary law and introduced rights for women in

marriage, divorce, and inheritance. By providing that the wife,

not her family, would receive a dowry from the husband, which she

could administer as her personal property, the Qur'an made women

a legal party to the marriage contract.53

While in customary law, inheritance was limited to male

descendants, the Qur'an introduced rules on inheritance with

certain fixed shares being distributed to designated heirs, first

to the nearest female relatives and then the nearest male

relatives.54 According to Annemarie Schimmel "compared to the

pre-Islamic position of women, Islamic legislation meant an

enormous progress; the woman has the right, at least according to

the letter of the law, to administer the wealth she has brought

into the family or has earned by her own work."55

The general improvement of the status of Arab women included

prohibition of female infanticide and recognizing women's full

personhood. Women generally gained greater rights than women in

pre-Islamic Arabia and medieval Europe.56 Women were not accorded

with such legal status in other cultures until centuries later.

According to Professor William Montgomery Watt, when seen in such

historical context, Muhammad "can be seen as a figure who

testified on behalf of women's rights."

53 Ibid54 Ibid55 Schimmel, Annemarie (1992). Islam. SUNY Press. p. 65.56 Encyclopedia of religion, second edition, Lindsay Jones, p. 6224,

28

Women in HinduismThe stated role of women in Hinduism varies from one of

equal status with men, to one of restriction in many aspects of

life. In Hinduism women have no equal rights in case of

education, marriage, inheritance and in other aspects of life.

Elements which determine the role of women in Hinduism include

scriptural texts, historical era, location, context within the

family and tradition. Some see Hinduism itself as the repressive

force. Others argue that the lower status of Hindu women is the

result of culture and custom rather than religion, citing the

Vedic literature where women may be given the status of goddess,

and noting their shakti (force) without which, the status of man

would be nil. For example, in one legend, Ram must make a dummy

of his wife, Seeta, in order to perform Yagiya (prayers of

devotion) when Sita is away as her presence was essential to the

act.57

Arthashastra and Manusamhita provide written sources about a

woman's right to property or stridhan, (literally, wife as

property). It is of two types: maintenance (in money or land),

and secondly, anything else such as ornaments given to her by her

family, husband, in-laws, relatives and the friends. Stridhan

becomes the wife's personal property and she has exclusive rights

over it. Manu further subdivides this property into six types:

the property given by parents at marriage; given by her husband's

family when she is going to his house; given by her husband out

57 Jayapalan "Indian society and social institutions." Atlantic Publishers & Distributors 2001 p145 - 146

29

of affection (not maintenance, which he is bound to give); and

property given by a brother, or mother or father (Manu IX 194).

Pre-nuptial contracts are mentioned where the groom would agree

to give a set amount to both the bride and her parents. Such

property belonged to the wife alone and was not to be touched by

the groom or his family or her parents except in emergencies (in

sickness, in famine, threatened by robbers, or for performing

holy deeds).

Manu insists that a mother's property belongs solely to her

daughters [Manu IX 131], in order of preference: unmarried

daughters, married but poor daughters, married and rich

daughters. When a father died, unmarried daughters were given a

share in their father’s property, equal to one-fourth from every

brother's share. It was assumed any married daughter had been

given her share at marriage [Manu IX 118]. If the family had no

sons, the appointed daughter was the sole inheritor of the

property [Manu IX 127].

The practice of providing a dowry is not endorsed by orthodox

Hinduism and "may be a perversion of Sanskritic marriage

prescriptions."58 Dowries are linked to caste: among higher

castes a dowry is expected from the girl's family; among lower

caste families the dowry is paid to the girl's family.59 As a

result, the prevalence of dowry giving increases with the

processes known as "Sanskritisation" and urbanization; abuse of

58 Miller B. S. "Sex and gender hierarchies." Cambridge University Press 1993 p383 - 38459 Fowler J. "Beliefs and practices." Sussex Academic Press, The Sussex Library of ReligiousBeliefs and Practices, Brighton. p54

30

the practice has thus increased. The modern Hindi word for dowry

is dahej, which comes from the Arabic loanword jihayz (variously

spelled jihāz, jihez, and so on), literally meaning furnishings or

equipment, that is, chattels brought by a wife for her new family.

Women in Christian "And Adam called his wife's name Eve, because she was the

mother of all living." (Genesis 3:20)

"Now Deborah, a prophet, the wife of Lappidoth, she judged Israel

at that time." (Judges 4:4) (God chose a woman, Deborah, to guide

Israel.)

"Mary Magdalene went and said to the disciples, "I have seen the

Lord"; and she told them that he had said these things to her."

(John 20:18) (The first person to see Jesus after his crucifixion

was a woman, Mary.)

However, before and during Biblical times, the roles of women

were almost always severely restricted.60

Women in JudaismThe role of women in Judaism is determined by the Hebrew

Bible, the Oral Law (the corpus of rabbinic literature), by

custom, and by non-religious cultural factors. Although the

Hebrew Bible and rabbinic literature mention various female role

60 Robinson, B.A. "The status of women in the Bible and in early Christianity." OntarioConsultants on Religious Tolerance, 2010. Web: http://www.religioustolerance.org/fem_bibl.htm 11Sep 2010.

31

models, religious law treats women differently in various

circumstances.

Gender has a bearing on familial lines: in traditional Judaism,

"Jewishness is passed down through the mother", although the

father's name is used to describe sons and daughters in the

Torah, e.g., "Dinah, daughter of Jacob".61

Relatively few women are mentioned in the Bible by name and role,

suggesting that they were rarely in the forefront of public life.

There are a number of exceptions to this rule, including the

Matriarchs Sarah, Rebecca, Rachel, and Leah, Miriam the

prophetess, Deborah the Judge, Huldah the prophetess, Abigail who

married David, Rahab and Esther. In the Biblical account these

women did not meet with opposition for the relatively public

presence they had.

According to Jewish tradition, a covenant was formed between the

Israelites and the God of Abraham at Mount Sinai. The Torah

relates that both Israelite men and Israelite women were present

at Sinai, however, the covenant was worded in such a way that it

bound men to act upon its requirements and to ensure that the

members of their household (wives, children, and slaves) met

these requirements as well. In this sense, the covenant bound

women as well, though indirectly.

Marriage and family law in biblical times favored men over women.

For example, a husband could divorce a wife if he chose to, but a

wife could not divorce a husband without his consent. The

61 Bowker, John (1997). World Religions: The Great Faiths Explored & Explained. London: DorlingKindersley Limited. pp. 121, 131.

32

practice of levirate marriage applied to widows of childless

deceased husbands, but not to widowers of childless deceased

wives. Laws concerning the loss of female virginity have no male

equivalent. These and other gender differences found in the Torah

suggest that women were subordinate to men during biblical times,

however, they also suggest that biblical society viewed

continuity, property, and family unity as paramount. However, men

had specific obligations they were required to perform for their

wives. These included the provision of clothing, food, and sexual

relations to their wives.

Women also had a role in ritual life. Women (as well as men) were

required to make a pilgrimage to the Temple in Jerusalem once a

year and offer the Passover sacrifice. They would also do so on

special occasions in their lives such as giving a todah

("thanksgiving") offering after childbirth. Hence, they

participated in many of the major public religious roles that

non-levitical men could, albeit less often and on a somewhat

smaller and generally more discreet scale.

Women depended on men economically. Women generally did not own

property except in the rare case of inheriting land from a father

who didn't bear sons. Even "in such cases, women would be

required to remarry within the tribe so as not to reduce its land

holdings."

According to John Bowker (theologian), traditionally, Jewish "men

and women pray separately. This goes back to ancient times when

women could go only as far as the second court of the Temple."

33

Jewish women had a limited education. They were taught to read,

write, run a household. They were also given some education in

religious law that was essential to their daily lives, such as

keeping kosher. Both Christian and Jewish girls were educated in

the home. Although Christian girls may have had a male or female

tutor, most Jewish girls had a female tutor. Higher learning was

uncommon for both Christian and Jewish women.

Traditionally, women are not generally permitted to serve as

witnesses in an Orthodox Beit Din (rabbinical court), although

they have recently been permitted to serve as toanot (advocates)

in those courts. This limitation has exceptions which have

required exploration under rabbinic law as the role of women in

society and the obligations of religious groups under external

civil law have been subject to increasing recent scrutiny.

Women in BuddhismThe founder of Buddhism, Gautama Buddha, permitted women to

join his monastic community and fully participate in it, although

there were certain provisos or garudhammas. As Susan Murcott

comments, "The nun's sangha was a radical experiment for its

time." Dr. Mettanando Bhikkhu says of the First Buddhist council:

Perhaps Mahakassappa and the bhikkhus of that time were jealous

of the bhikkhunis being more popular and doing more teaching and

social work than the bhikkhus. Their anti-women prejudice became

institutionalized at that time with the eight garudhammas, the

eight weighty restrictions. We must discontinue that prejudice.

34

According to Ajahn Sujato, the early texts state that the most

severe of the garudhammas, which states that every nun must bow

to every monk, was instituted by the Buddha because of the

customs of the time, and modern scholars doubt that the rule even

goes back to the Buddha at all. Furthermore, an identical rule is

found in Jainism.

According to Diana Paul, the traditional view of women in Early

Buddhism is that they are inferior. Rita Gross agrees that "a

misogynist strain is found in early Indian Buddhism. But the

presence of some clearly misogynist doctrines does not mean that

the whole of ancient Indian Buddhism was misogynist". The mix of

positive attitudes to femininity with blatantly negative

sentiment has led many writers to characterise early Buddhism's

attitude to women as deeply ambivalent.

Some commentators on the Aganna-Sutta from the Pāli Canon, a

record of the teachings of Gautama Buddha, interpret it as

showing women as responsible for the downfall of the human race.

However, Buddhist interpretation is generally that it shows lust

in general, rather than women, as causing the downfall.

However, despite some less positive images of women in Early

Buddhism, there are also examples in the Pali Canon which suggest

that the very concept of gender differentiation can serve as a

hindrance to attaining nirvana, or enlightenment. For example, in

the Bhikkhuni-samyutta, found in the Sagatha-vagga of the Samyutta

Nikaya, gender discrimination is stated to be the work of Mara, a

personification of temptation from the Buddhist spiritual path.

35

In the Soma Sutta, the bhikkhuni Soma states: "Anyone who thinks

'I'm a woman' or 'a man' or 'Am I anything at all?'- that's who

Mara's fit to address", linking gender neutrality to the Buddhist

concept of anatta, or "not-self", a strategy the Buddha taught

for release from suffering. In a sutta titled "Bondage", the

Buddha states that when either a man or a woman clings to gender

identity, that person is in bondage.

36

Chapter-05Women in Bangladesh

Available data on health, nutrition, education, and economic

performance indicated that in the 1980s the status of women in

Bangladesh remained considerably inferior to that of men. Women,

in custom and practice, remained subordinate to men in almost all

aspects of their lives; greater autonomy was the privilege of the

rich or the necessity of the very poor.

Most women's lives remained centered on their traditional roles,

and they had limited access to markets, productive services,

education, health care, and local government. This lack of

opportunities contributed to high fertility patterns, which

diminished family well-being, contributed to the malnourishment

and generally poor health of children, and frustrated educational

and other national development goals. In fact, acute poverty at

the margin appeared to be hitting hardest at women. As long as

women's access to health care, education, and training remained

limited, prospects for improved productivity among the female

population remained poor.

37

About 82 percent of women lived in rural areas in the late 1980s.

The majority of rural women, perhaps 70 percent, were in small

cultivator, tenant, and landless households; many worked as

laborers part-time or seasonally, usually in post-harvest

activities, and received payment in kind or in meager cash wages.

Another 20 percent, mostly in poor landless households, depended

on casual labor, gleaning, begging, and other irregular sources

of income; typically, their income was essential to household

survival. The remaining 10 percent of women were in households

mainly in the professional, trading, or large-scale landowning

categories, and they usually did not work outside the home.62

The economic contribution of women was substantial but largely

unacknowledged. Women in rural areas were responsible for most of

the post-harvest work, which was done in the chula, and for

keeping livestock, poultry, and small gardens. Women in cities

relied on domestic and traditional jobs, but in the 1980s they

increasingly worked in manufacturing jobs, especially in the

readymade garment industry. Those with more education worked in

government, health care, and teaching, but their numbers remained

very small. Continuing high rates of population growth and the

declining availability of work based in the chula meant that more

women sought employment outside the home. Accordingly, the female

labor force participation rate doubled between 1974 and 1984,

when it reached nearly 8 percent. Female wage rates in the 1980s

62 Daily Ittefaq,5 June, 1997

38

were low, typically ranging between 20 and 30 percent of male

wage rates.

Status of Women in BangladeshIn the male dominant society women’s are in a

disadvantageous position. Women, in custom and practice, remained

subordinate to male in almost all aspect of their lives; greater

autonomy was the privilege of the rich or the necessity of the

very poor. Most women’s lives remained centered on their

traditional roles and they had limited access to markets,

productive services, education, health care, and local

government. At the household level, the girl child often has

unequal access to nutrition, health care and education compare to

boy child. Many discriminatory practices arise out of some deep-

rooted socio-cultural factors. Women still earn less than men

earn and are mostly occupied in low paid jobs. They often do not

have easy access to credit and other income generation

opportunities, and are still under represented at management and

policy levels.

The lack of opportunities contributed to high fertility patterns,

which diminished family well-being contributed to the

malnourishment and generally poor health of children and

frustrated educational and other national development goals. In

fact, acute poverty at the margin appeared to be hitting hardest

at women. As long as women’s access to health care, education and

39

training remained, limited and prospect for improved productivity

among the female population remained poor in our country.

In the 1980’s women’s status in Bangladesh remained inferior to

that of men. About 80 percent of women lived in rural areas in

the late 1980’s. The majority of rural women, most probably

seventy percent, were in small cultivator; tenant and landless

households, many of them worked as laborers part time or

seasonally, usually during the post harvest and received payment

in kind or in meager cash wages. Another twenty percent, mostly

in poor landless households, dependent on the casual labor,

gleaning, begging and other irregular sources of income,

typically their income was essential to household survival. The

remaining ten percent of women were in household mainly in the

professional, trading, or large-scale landowning categories, and

they usually did not work outside the home.

The economic contribution of women was substantial, but largely

unacknowledged. Their contribution in agricultural sector and

manufacturing jobs, especially in the ready-made garment industry

is remarkable. Despite the fact that women constitute half of our

citizenry, they continue to face persistent disadvantages and

exclusion, evident in gender differentials for various indicators

of health. One of the most telling indicators of the disparity

between male and female can be found in child mortality. Though

following global norms in Bangladesh infant mortality is higher

for males than females, soon after birth the mortality rates

start to reverse. For example, post neonatal mortality among

40

males is twenty-seven per thousand births versus thirty-one among

females and child mortality among male is twenty-eight per

thousand births versus thirty-eight among females. These

disparities clearly indicate the neglect of girl children in

terms of nutrition and access to health care.

The factors that determine the status as well as the fertility of

women in Bangladesh are education, and empowerment, occupation of

husband, residence and possession of items and religious beliefs

and norms.

EducationEducational attainment of women is generally considered a

useful index of socioeconomic status as well as of the level of

overall social sophistication, and therefore, it is inversely

related to the desire for additional children and women’s mean

age at marriage. Education is a key determinant of the life style

and status an individual enjoys in a society. It affects many

aspects of life, including demographic and health behavior.

Education through literacy provides access to wider source of

information and a broader perspective. Education through

socialization process spread out social values. A modern and

rational grows out of education.

41

Table 5.3.1 Level of education of household population (male vs. female) according to

age and place of residence.63

Background

characteri

stics

No

educatio

n

 

Primary

Incomple

te

Primary

Complete

Secondar

y

Incomple

te

Secondar

y

Complete

Higher

Age M F M F M F M F M F M F

Age 15-19 27.

8

10.7 38.9 17.5 11.

1

10.9 11.1 50.0 5.6 7.9 5.6 3.1

Age 20-24 22.

2

15.5 26.5 21.2 10.

9

10.6 25.3 35.9 8.2 8.2 7.0 8.7

Age 25-29 22.

1

27.1 28.5 22.0 9.6 8.3 19.1 23.2 5.8 7.0 15 12.3

Age 30-34 26.

1

37.9 22.2 22.2 4.8 7.9 23.6 16.3 5.0 5.6 18.4 10.7

Age 35-39 30.

0

43.9 23.9 20.6 6.2 7.5 17.1 14.3 6.4 5.7 16.5 8.0

Age 40-44 32.

1

49.0 25.5 22.4 6.0 8.1 17.8 11.8 5.2 4.0 13.4 4.7

Age 45-49 32.

1

56.3 24.6 19.1 6.8 7.1 18.8 10.3 6.3 3.9 11.3 3.3

Urban 23.

6

25.4 19.8 18.2 7.0 8.4 21.4 25.3 6.2 7.8 22.0 14.9

63 Bangladesh Demographic and Health Survey (BDHS) 2007

42

Rural 32.

3

36.2 28.4 22.5 6.7 9.0 17.5 23.5 5.9 5.4 9.1 3.5

It also provides economic skills, which increases the capacity to

earn income. Like all other factors, there exists persistent

discrimination in literacy rate between male and female. The

table-5.3.1 shows the respective comparison between male and

female among different age groups and residence.

Both in urban and rural areas the percentage of illiteracy is

higher among women than males. Through the gap in “primary

incomplete” level between male and female is narrow, a

significant wider gap exists in the “secondary and higher”

levels. Similar trend is also seen from the different age group

between male and female.

In most developing countries, there is a tendency for female to

be largely concentrated in liberal arts while the male students

are largely enrolled in the pure and applied science. Female

literacy remains a major problem in all developing countries.

Table 5.3.2 shows the distribution of currently married women by

education level according to some selected characteristics using

the BDHS 2007 Data.

This is apparent from the differences in the level of educational

attainment by age group. Education is inversely related to age,

that is older women are less educated than younger women are.

From this table, it is seen that in case of urban women 25.4

43

percent of women have no education compared to 36.2 percent of

the rural women.

Table 5.3.2 Levels of education of currently married women according to selected

background characteristics.64

Background

characteristics

Highest level of education

No education Primary Secondary Higher

Age        

Adolescent (10-19) 10.7 28.3 57.8 3.1

Youth (20-29) 20.9 31.1 37.5 10.4

Adult (30+) 45.6 28.9 18.5 7.0

Residence:        

Urban 25.4 26.5 33.1 14.9

Rural 36.2 31.5 28.8 3.5

Working status:        

Employed 41.2 29.3 21.6 7.8

Unemployed 27.8 29.8 34.6 7.8

In case of female occupation, only 27.8 percent of housewives

have never attended to school and 41.2 percent of them who have

participation in income generation program never attend the

school. Women who are involved in any job have less access to

primary and secondary level of education but in case of higher

study, it can be concluded that education is proportionally

related to working status.

Many factors have an influence on women’s educational

opportunities. Most studies point to poverty as the main hinder

64 Bangladesh Demographic and Health Survey (BDHS) 2007

44

behind the fact that families fail to either enroll their girls

in school or withdraw them before finishing the primary level. It

is not just the direct and indirect costs of school attendance

are beyond their means, but also that the children are needed at

home to perform duties that fall preponderantly on the girls.

Prevailing cultural values and norms appear to have far more

significance in the low state of female education, however. Many

parents in rural areas lack interest or are openly hostile to the

formal education of their daughters for reasons related to social

and religious norms in general and to marriage prospects in

particular. Most often people of superstitious mentality both in

urban and rural areas belief that education spoils a girls’

character and undermines her willingness to fulfill her

traditional role. Early marriage and the importance of preserving

a girls’ good reputation lead to widespread withdrawal of girls

from school.

Among other factors contributing to gender differentials to

enrolment are location and physical facilities of school, the

shortage of female teachers and a lack of basic amenities (such

as sanitation facilities). Female education is further hampered

by inadequate incentives to induce the poor to send girls to

school. However, education is considered, as the key factor for

achieving a sophisticated socioeconomic position for women in

cannot always directly affect fertility. It is only possible when

a woman get marry at higher age or uses contraceptives.

45

EmploymentWomen’s participation in labor force is a widely accepted

factor for their sound socioeconomic status. Because a woman who

employed is more likely to have direct access and control over

financial resources be able to function in the non-domestic

sphere be able to translate the autonomy required for and

embodied in being to autonomy and control inside the home.

The participation of women in labor force is still at the

rudimentary level for most of the developing countries. Women

still tend to be concentrated in the “unpaid” family labor

category and employed mostly in agricultural and related

occupation and other family based enterprises. Though women’s

participation is professional and technical, occupation is

increasing in recent years the majority of women in the category

are employed in low-paid low status jobs.

Bangladesh’s real problem is not only unemployment but also under

employment. Taking as underemployed those working less than 35

hours per week the rate of underemployment is 35 percent. Some of

these people mat not wish to full-time because they have

responsibilities at home.

To understand the link between employment and women’s status,

ideally employment of women should be examined in combination

with concepts of cultural acceptance different types of work for

women, women’s total workload and control over training in all

branches of technology. Women’s employment does prevail in the no

paid or worst paid branches of the national economy. Occupational

46

promotion of women is much more difficult than that of man even

in “feminize” occupation as, for example teaching. Even the

college and university education for the girl’s is not a

guarantee to get jobs. Unemployment and underemployment problem

is in such an acute condition. Women are concentrated, as usual

in the lower levels of the occupational pyramid and so continue

to be a source of cheap labor.

A remarkable increase in the number of female labor force in 1980

and afterwards is compared to 1985-86. No tremendous development

over this period has occurred. It is simply because of the

definitional change, we have witnessed a handsome amount in

female labor force after 1989. The new definition of the economic

activities include activities like caring domestic animals and

poultry, threshing, boiling, dying and husking crops, processing

and preserving food etc. Female usually performs these activities

and hence, the number of female labor has increased. We have at

least and at least, recognized these works as economic

activities. In this society, the men credit for whatever little

is produced. The women live in pitiable state of dependency and

low status.65

Table 5.4.1 Working status of women according to some selected variables66

Background characteristics

 

Working status

Employed Unemployed

Age Adolescent 19.6 80.4

65 Daily Star,11 March, 199966 Bangladesh Demographic and Health Survey (BDHS) 2007

47

( 10-19)

Youth

( 20-29)

30.3 69.7

Adult

( 30+)

36.5 63.5

Residence Urban 31.3 68.7

Rural 32.6 67.4

 The above table shows the percentage of women who are currently

working with some selected background characteristics such as

age, residence and religion. Women’s participation in labor force

increases steadily with age. Women’s participation in labor force

varies with the age, residence and religion. The above table

represents that in urban areas female employment rate is higher

than in rural areas. However, the situation is opposite in case

of unemployed women. There is a reason behind this situation. In

urban area because of industrialization, there are many

opportunities of jobs. The percentage of Urban women is engaged

in labor force is 31.3 percent while compared to rural women,

which is 32.6 percent.

Mobility and AutonomyWomen’s mobility that is freedom to movement and

participation in domestic decision-making is an indicator of

their status. Freedom of movement outside the homestead area is

of special interest in many Muslim societies where strong

traditions of “purdah” may act to seclude women within their

48

homes. Travel away from home, whether to visit friend or to

shopping or take a sick child to a health care center, may be

considered shameful, unless an adult family member accompanies

the woman. This relative seclusion of Muslim women has direct and

obvious consequences in terms of access to static services. It

may also have a more profound influence on mentality and outlook

by circumscribing interactions with the outside world and

exposure to new ideas and models of behavior.

It is time that the seclusion of women is less stringently

practiced nowadays than was the case in the period prior to

liberation. At the same time, it would be misleading to claim

that the position of women in Bangladesh has been transformed.

Their lives are still restricted and this restriction varies from

urban to rural. The following table 4, obtained by using the BDHS

2007 data, gives an illustration of current situation. The

results are shown below.

Table 5.5.1 Women’s mobility according to affirmative response67:

Activity Percentage affirmative

responses

Go to outside alone 47.8

Go to health center alone 48.3

 As the figures above indicate, Bangladeshi women reported

restrictions on their freedom of movement. Only 47.8 percent

reported that they go outside alone and only 48.3 percent can go

to health center alone. This information is obtained from the

67 Bangladesh Demographic and Health Survey (BDHS) 2007

49

ever-married sample of BDHS 2007 data. It is possible that

respondents provide normative responses and may have projected to

interviewers an image of Islamic respectability that was not a

true reflection of actual behavior.

Self-declared Demand for ChildrenConceptualization and measurement of desire or demand for

children is one of the most controversial aspects of fertility

analysis. There are many particularly economists who equate

actual fertility with demand for children.

The demographic literature abounds with explanation of fertility

levels and differentials, which assume that childbearing

behavior, must be an expression of conscious desire or need (Lee

and Bulatao, 1983). An equal large body of opinion and research

aspects that the reproductive wishes or needs may diverge from

reproductive performance because of perceived lack of choice or a

host of other barriers that prevent the translation of attitudes

into behavior. From this perspective has arisen a huge literature

on unmet need for family planning that has been influential in

persuading governments and donors to support contraceptive

services as the centerpiece of population control policies.

Now to assess whether enhancement of a woman’s access to income

generation program would influence her desire family size through

her exposures and knowledge. It is argued that the most effective

route to smaller families is to provide women with the means of

social and economic self-determination. For this purposes a

50

logistic regression analysis is performed where desire for more

children is considered as the dependent variable and independent

variables are:

Age of the respondent

Age of the partner

Place of residence

Number of living children

Current pregnancy wanted

Current pregnancy terminated

Partner’s education level

Discussion of family planning with partner

Respondent’s involvement in income generation

Wealth status

Chapter-06Legal provision of women rights

Right to EqualityEquality before law has a place in almost all the written

Constitutions that guarantee fundamental rights. Both the

expressions have also been used by the UDHR68. These terms have

been adopted from the English Constitution, which implied absence

of special privilege in favour of any person. It provides that

all citizen are equal before the law and thus implies “equality

68 Universal Declaration of Human Rights (UDHR) 1948, Declared by the United nations.

51

of treatment in equal circumstances,” e.g. application of the

same law alike and without discrimination to all persons

similarly situated.

The formula as stated in the relevant Articles of the

Constitutions of Bangladesh69, India and Nepal contain the

English concept of equality before law and the American concept

of equal protection of law. But the concept is not independent

and severable in their application and will be found to overlap

each other. But it is a guarantee against discrimination both in

conferment of privileges and imposition of liabilities.

In fact the concept “Equality before law” derived from the

English Constitutional law follows from the ‘rule of law.’ The

latter connotes the undisputed supremacy of law. This supremacy

of law is for giving security to the rights of individual who are

the citizens of a democratic State.

Every modern State, at least theoretically has accepted the

principle of equality before law. Its acceptance is found in the

provisions of the most of the written Constitutions.

Generally, equality before law meant that among the equals law

shall be equal and shall be equally administered. There shall not

be any special privilege for the reason of birth, creed etc.

In the case of Sheikh Abdus Sabur v. Returning officer70 it was

observed that:

69 Article-27 Of the constitution of Bangladesh70 Sheikh Abdus Sabur Vs. Returning Officer, District Education Officer-in-Charge, Gopalganj & others, 1988, 17 CLC (AD)

52

Equality before the law does not mean absolute equality of man,

which is physically impossible, but the denial of any special

privileges by reason of birth, creed or the like, in favour of

any individual and also the equal subjection of all individuals

and classes to the ordinary law of the land administered by the

ordinary law courts.

The Appellate Division of the Supreme Court of Bangladesh further

observed:

“Equality before law” is not to be interpreted in its absolute

sense to hold that all persons are equal in all respects

disregarding different conditions and circumstance in which they

are placed or special qualities and characteristics which some of

them may possess but which are lacking in others.

Though personal laws existing in South Asian countries provide

that male and female are not of ‘equal status’ in terms of

inheriting property. But the Indian Supreme Court observes that

in case of division of property after the death of the father,

sons, wife and daughters are entitled to inherit his estate

including alienated property even though the wife and daughters

are under the customary laws incompetent to challenge the

alienation.

The Constitution of Bangladesh further provides that women shall

have equal rights with men in all spheres of State and of public

life.

Right to Non-Discrimination

53

The Constitutions of Bangladesh, India, and Nepal prohibit

classification of citizens on grounds of only religion, race,

caste, sex or place of birth.

Discrimination indicates an unjust, unfair or unreasonable bias

in favour of one and against other. The general meaning of

‘discriminated against’ is to ‘make an adverse distinction with

regard to,’ ‘distinguish unfavorable from others.’

The Constitution of Bangladesh provides that state shall not

discriminate against any citizen on grounds only of religion,

race, caste, sex or place of birth.71 This right corresponds to

the Indian Constitution and the Nepali Constitution72. According

to Durga Das Basu the scope of the rights in the Indian

Constitution is very wide. The Indian Constitution stated that,

“The State Shall not discriminate against any citizen on grounds

of only religion, race, caste, sex, place of birth or any of

them,” The plain meaning of the prohibition is that no person

belonging to a particular religion, cast, sex etc. shall be

treated unfavourably by the State when compared with persons of

any other religion or sex merely on the ground that s/he belongs

to the particular religion or sex. But discrimination will not be

unconstitutional if there is any other ground or consideration

for the differential treatment in addition to those prohibited by

the Article.

Right to Equal Protection of Law

71 Article-28(1) of the constitution of Bangladesh72 Article 15(1) & Article 11(3) of the Constitution of India & Nepal

54

Right to equal protection of law is an important fundamental

right. The Constitution of Bangladesh provides that right to

protection of the law and to be treated in accordance with law is

the inalienable right of every citizen.73 This is also applicable

for the person residing in Bangladesh for the time being. And no

action detrimental to the life, liberty, body, reputation or

property of any person shall be taken in accordance with law.

Article 140 of the Indian Constitution provides: “The State shall

not deny to any person equality before the law or the equal

protection of the laws within the territory of India.”

Article 11(1) of the Nepali Constitution also provides that “… No

person shall be denied the equal protection of the laws.”

In Mofizur Rahman v. Bangladesh the Appellate Division of the

Supreme Court of Bangladesh observes that “every action affecting

a citizen’s right must be taken in accordance with law or under

the authority of law and not according to the whims of the person

in authority or under any executive fiat.”

Right to Equality of Opportunity in EmploymentThe Constitution provides equality of opportunity for all

citizens in respect of employment or office in the service of the

Republic and prohibits discrimination or ineligibility on grounds

only of religion, race, caste, sex or place of birth.74

The Constitution of India provides equality of opportunity in

matters relating to employment or appointment to any office of73 Article-31 of the constitution of Bangladesh74 Ibid Article-29

55

the state.75 The right to equality is only in employment or

appointment under the State. This relates to the matter of

recruitment, promotion, wages, termination increments, leave,

gratuity, pension, age of retirement, etc. But this equality is

amongst the equally placed persons, equality amongst the same

class of persons and not amongst different classes of persons.

The Constitution lists specific grounds on which citizens are not

to be discriminated against each other. These are religion, race,

caste, sex, descent, place of birth etc. Gender based

discrimination is specifically prohibited by the Constitution.

Sex shall not be the sole ground of ineligibility for any post.

Right to Life and Personal LibertyThe Constitutions of Bangladesh, India, and Nepal guarantee

right to life and personal liberty76. Article 32 of the

Constitution of Bangladesh reads: “No person shall be deprived of

life or personal liberty saves in accordance with law.” This

Article corresponds with Article 21 of the Constitution of India

and Article 12(1) of the Constitution of Nepal.

The very objective of the provision is that no man (human being)

can be subjected to any physical coercion that does not admit of

legal justification. It means that no member of the Executive are

entitled to interfere with the liberty of a citizen unless s/he

can support her/his action by some provision of law.

75 Article 16(1) of the Constitution of India76 Article 32, Article 21 & Article 12(1) of the Constitution of Bangladesh, India and Nepal

56

Therefore, when the State or any of its agents deprives an

individual of his/her personal liberty, the law should justify

such action and the procedures prescribed by such law have to be

observed “strictly and scrupulously.”

Right to PrivacyExcept as provided by the law, the right to privacy of the

person, house, property, document, correspondence, or information

of anyone is inviolable. This relates to Article 43 of the

Bangladesh Constitution and Article 21 of the Indian

Constitution.

Right to FreedomThe Constitution of Bangladesh provide for citizen right to

freedoms of movement; assembly, association; thought and

conscience, and expression; profession or occupation; religion;

and property.77 These articles provide that subject to any

reasonable restrictions imposed by law, public order and morality

in the public interest or in the public order or Public health or

the State, friendly relations with foreign States or in relation

to contempt of court, defamation or enticement to offense as the

case may the citizen or people residing in Bangladesh for the

time being are entitled to enjoy the rights mentioned above.

77 Articles 36 to 41 of the Constitution of Bangladesh

57

These rights relate to Articles 12, 17 and 19 of the Constitution

of Nepal. These, except right to religion and right to property

corresponds to Article 19 of the Constitution of India.

Right against ExploitationAs mentioned earlier Article 21 of the Constitution of India

guarantees right to life and personal liberty. But “Right to

life” does not merely mean animal existence. It means something

more, e.g. the right to live with dignity. Thus, rape is a crime

against basic human rights and is also violative of the victim’s

right to life guaranteed in Art-21, Art-23 of the Constitution

have categorically prohibited “traffic in human beings and

begging and other similar forms of forced labour…” Similarly,

Art-24 prohibits employment of child (including a female child)

below the age of 14 years in any factory or mine or in any other

hazardous works.

The Constitution of Nepal also prohibits “Traffic in human

beings, slavery, serfdom or forced labour in any form…” Any

contravention of the provision shall be punishable by law.

Unhopefully, the Constitution of Bangladesh does not prohibit

“traffic in human being” directly. But it prohibits all forms of

forced labour which is a major consequence of trafficking.

Besides, the Constitution provides for the State for adopting

“effective measure to prevent prostitution”78 which is also a

consequence of trafficking.

78 Ibid Artcle-18(2)

58

Women’s Special Fundamental RightsMost of the fundamental rights guaranteed in the

Constitutions of Bangladesh, India and Nepal are both for men and

women. But there is some exception also. Some fundamental rights

are exclusively for women. These rights give them (women) equal

status, at least theoretically with men and empower the state to

adopt laws or provisions in favour of women. These fundamental

rights are exclusively for women.

Equal Rights for WomenThe Constitution of Bangladesh guarantees that women shall

have equal rights with men in all spheres of the State and public

life.79 This provision in favour of women makes an advance over

the Constitutions of other South Asian countries including India,

Nepal and Pakistan. But this clause does not help her in all

spheres of life except the spheres of the State and public life.

This “equal rights” provision is not applicable to those rights

which are governed by the personal laws (e.g. in case of Muslims

by Sharia). But human rights activist explains it negatively:

This limitation has been implied from the inherently ambiguous

nature of the equality guarantee itself as in Bangladesh where it

appears to be qualified by the phrase “State and public life.”

Women are Favoured: Law Making Power of the State

79 Ibid Article 28(2)

59

The Constitutions of Bangladesh, India, and Nepal empower

the State for making special provision(s) for the protection and

the interests of women or in favour of women. The State is

empowered by these provisions for making laws to help the women

folk in the competition where they are in a weaker position. Art.

15(3) of the Constitution of India reads: “Nothing in this

article shall prevent the State from making any special provision

for women and children.” This provision is an exception to the

rule against discrimination provided in Article 15(1) and 15(2)

of the Constitution.

Article 15(3) of the Constitution of India permit the State to

make special provision for women and children. In fact, making a

special provision is not the same as taking decisions in favour

of women. In this regard the Allahabad High Court observes that

special provision for women as a class can be made, but not to

benefit an individual woman.

In Dattatraya Motiram v. State of Bombay, Chief Justice Chagla

observes that as a result of the joint operation of Article 15(1)

and Article 15(3) the State should discriminate in favour of

women against men, but it could not discriminate in favour of men

against women. This observation has also been supported in Smt.

Choki v. State of Rajahthan. This contraction of Article 15(1)

and Article 15(3) would be applied to existing as well as future

law. In this regard Chief Justice Chhagla in Dattatrayas Motiram

More v. State of Bombay80 observes:

80 Dattatraya Motiram More vs State Of BombayAIR 1953 Bom 311, (1953) 55 BOMLR 323, ILR 1953 Bom 842

60

It is impossible to argue that the constitution did not permit

laws to have special provision for women if the laws were passed

before the constitution come into force but permitted the

legislature to pass laws in favour of women after the

commencement of the constitution. If a law discriminating in

favour of women is opposed to the fundamental rights of citizens,

there is no reason why such law should continue to remain in

statute book … But the exception made to Article 15(1) by Article

15(3) is an exception which applies both to existing laws and to

laws which the state makes in future.

This special treatment for the vulnerable group, women and

children is for the interest of the society itself. Accordingly,

in a case of conflict between Article 27 and 28(3) of the

Constitution of Bangladesh, the latter will prevail.

The Penal Code also has special treatment in favour of women. In

this regard section 497 of the Bangladesh penal code dealing with

the offence of adultery is mentionable. The Section reads :

Whoever has sexual intercourse with a person who is and whom he

knows or has reason to believe to be the wife of another man,

without the consent or connivance of that man, such sexual

intercourse not amounting to the offence of rape is guilty of the

offence of adultery, and shall be punished with imprisonment of

either description for a term which may extend to five years, or

with fine, or with both. In such case the wife shall not be

punishable as an abettor.

61

The Section expressly excludes the woman who equally participates

in the crime from participation in the crime form being punished

as an abettor. Only man is liable to be punished under the

Section. The constitutionality of the Section was challenged as

violative of Articles 14 and 15 of the Constitution of India.

In this regard, the judgment of Honorable Supreme Court of India

in Yusuf Abdul Aziz v. State of Bombay is a landmark in the

history of the constitutional validity of the penal provision(s)

protecting women. In the case a complain under section 497 was

filed against the petitioner. He immediately applied to the High

Court of Bombay (now Mumbai) to determine the constitutionality

of the Section. The High Court upholds it as constitutional. Then

the petitioner filed an appeal before the Supreme Court under

Article 132(1) 134(1) of Constitution. Section 497 was challenged

on the ground that it was violative of Article 14 and 15 of the

Constitution of India, which guarantee a right to equality. The

historic judgement was delivered by a bench consisting of Chief

Justice Mahajan, Justice B.B. Mukerjee, Justice S. R. Das,

Justice Bose and Justice Ghulam Hasan. Delivering the Judgement

of the Court Justice Bose observes:

Article 14 is general and must be read with the other provisions

which setout the ambit of fundamental rights. Sex is a sound

classification and although there can be no discrimination in

general on that ground, the Constitution itself provides for

special provisions in the case of women and children. The two

62

Articles read together validate the impugned clause in Section

497 of penal Code.

Law relating to women’s rightThe Bangladesh Constitution declares equal rights for men

and women in all spheres of public life.81 The word 'public'

seems to be a major clue to solving this riddle. It is only in

the spheres of state and public life that equality is guaranteed

through the Constitution. This means that in the private or

personal sphere women are pretty much on their own. So even if

her husband for whatever reason continuously tortures a woman,

until she is killed, the state is unlikely to intervene, as it is

we say, too gentlemanly to invade the privacy of the individual.

The result is that women continue to be treated as inferior human

beings by their husbands and by a society that tends to victimize

victims instead of helping them.

Trying to understand the dichotomy of public and private spheres

of our legal system is like squirming around in quicksand- the

more you want to get out the deeper you get stuck in the muck.

According to Faustina Pereira, a Supreme Court Advocate and

author of the book 'Fractured Scales' that deals with this very

issue, the legal system of Bangladesh is categorized into two

distinct branches. One is Constitutional Law and the other is

General Law or those that are not directly governed by the

Constitution. The Constitution being the supreme law of the land

demands that any law inconsistent with its provisions is void.

81 The constitution of the Peoples Republic of Bangladesh, 1972 – article 28 (2).

63

Thus laws considered under the General Law must technically

confirm to the constitution. But if we try to get a firm grip on

what ‘General Law’ consists of, it becomes clear why so many

women prefer to silence rather then seek legal help.82

Women’s Rights under the Family LawsThe General Law consists of civil and criminal laws, which

are governed respectively by-

The Code of Civil Procedure of 1908

The Penal Code of 1860 and

The Criminal Procedure Code of 1898.

The Personal or Family Laws are under the General Law but mostly

are governed by the civil law: the matters which directly affect

women such as marriage, divorce, dower, maintenance,

guardianship, custody, inheritance and restitution of conjugal

rights are separately governed by each religious community's

"religious personal law" system. For example, take marriage.

Muslim parties, says Pereira, are regulated by, among others, the

Muslim Family Ordinance 1961 or the Muslim Marriages and Divorce

(Registration) Act 1974. Hindu parties are regulated by (among

others) the Hindu Marriages Disabilities Removal Act 1946 or the

Hindu Widow's Remarriage Act 1856. Christian parties to marriage

meanwhile, come under the Christian Marriage Act 1872.

The existence of separate laws for each community means that the

kind of justice meted out to a woman is determined by the

82 Bangladesh: Is the law fair towards women, by Aasha Mehreen Amin; Star weekend Magazine/ The Daily Star, March 5, 2004

64

religious community she belongs to. Most of these laws are

antiquated and originated from patriarchal mindsets and therefore

do little to change the status of women from helpless, inferior

citizens.

Gender Discrimination in CitizenshipThere are also constitutional laws that directly

discriminate against women. The Citizenship Act of 1951, for

example, states that only a man can transmit nationality. A woman

does not have the right to transmit her nationality to her

children or husband. Strangely this prejudicial law has existed

for decades in other parts of South Asia such as India, Pakistan

and Sri Lanka. In 1992 however, the Citizenship Act of India

1955, was amended to allow both men and women equal right to

transmit their nationality to their children and spouses. In

Bangladesh the Citizenship Act, relegates women to second class

citizenship. The Factories Act 1934, The Tea Plantation Labour

ordinance 1962 and The Shops and Establishments Act 1965, gravely

restrict women's right to movement or choice of employment. These

laws prohibit employment of women and children between the hours

of 8p.m. and 6a.m.83

Some legal attempt to remove Gender DiscriminationThere have been some attempts in recent years by governments

to safeguard women's legal rights and improve their social83 Bangladesh: Is the law fair towards women, by Aasha Mehreen Amin; Star weekend magazine/ The Daily Star (Bangladesh) March 5, 2004.

65

status. The Dowry Prohibition Act of 1980 forbids anyone from

giving or receiving dowry although the practice is still very

prevalent in our country which indicates the lack of enforcement.

The “Nari-O- Shishu Nirjatan Daman Ain 2000”84, has for the first

time expanded the definition of rape considerably although it

does not acknowledge marital rape. Sexual assault and sexual

harassment have been made punishable offences under this Act. The

overall character of this new law is reflective of same level of

participatory effort; the law on children is one of the best

examples of the workings of a clear distinction between religion

as a private matter and the area of personal welfare of citizens

as subject to state intervention. The laws on children and

personal disputes relating to children such as the Guardians and

Wards Act, the Majority Act and the Child Marriage Restraint Act,

are all applied uniformly to all children and citizens of

Bangladesh, irrespective of gender or religion despite these

areas being clearly within religious-personal sphere of citizen's

lives.

Bangladesh is a member of CEDAW but under reservationNew laws have to be formulated to reflect Bangladesh's

concurrence with international laws such as the Universal

Declaration of Human Rights and CEDAW85. While religion and

culture have to be respected, violations of basic human rights in

84 Law on the Suppression of Violence against Women and Children 200085 The Convention on the Elimination of all forms of Discrimination against Women and Children, 1979 (CEDAW)

66

the name of religion or tradition must be categorically condemned

and shunned by the laws of the land. Most importantly laws that

govern both public and personal spheres must be compatible to the

Constitutional laws and be equally applicable to all citizens

irrespective of sex, religion or the community they belong to.

Bangladesh continues to maintain reservations Articles 2 and

13(a). In September 2000, Bangladesh became the first country to

ratify the Optional Protocol to CEDAW which ensures the

implementation of the tools to eradicate discrimination.

Maintaining such reservation to the very pledge to eradicate such

discrimination is therefore contradictory and makes the sincerity

of the state to remove gender discrimination, questionable.

Under Article 2, states are required to domestically enforce

CEDAW, adopt appropriate legislation and other measures to

prohibit all discrimination against women, modify or abolish

existing laws, regulations, customs and practices which

constitute such discrimination. Other articles of the Convention

deal with many of the pressing issues that concern women such as

women's right to determine their own and their children's

nationality and removal of discrimination in education,

employment, healthcare, social and economic benefits.

Part IV of CEDAW calls for equality before the law and equality

within marriage and family law. Articles under this component for

example guarantees the same legal capacity as men to contract,

administer property, appear in courts or before tribunals;

freedom of movement the right to choose where they will live;

67

equal rights and responsibilities of women with men in marriage;

the right to choose when they will have children, to choose their

family name or occupation; and equal rights and responsibilities

regarding ownership, management and disposition of property.

So ultimately the goal of the CEDAW can not be gained by

restricting thus articles. So it can be said in a sense that the

CEDAW is inactive in Bangladesh.

Other International Conventions & Reports to Treaty

Governing Bodies Bangladesh acceded to the ICESCR in 1998 with a number of

declarations. The interpretative declaration relating to Articles

2 and 3 of the Covenant states that equality of rights between

men and women is to be implemented in so far as they agree with

the Constitution of Bangladesh and, more specifically, subject to

Bangladeshi state inheritance law.

Bangladesh acceded to the Convention on Consent to Marriage,

Minimum Age for Marriage and Registration of Marriages in 1998

with reservations to Articles 1 and 2, stating that the treaty

would be applied in accordance with the Personal Laws of

different religious communities of the country, and allowing for

a dispensation as to age, for serious reasons, in the interest of

the intending spouses.

Gender Violence Laws under the Penal Code 1860

68

Of the causing of Miscarriage, of injuries to unborn

Children, of the Exposure of infants, and of the Concealment of

Births:

1. Sec.312: Causing miscarriage

2. Sec.313: Death caused by act done with intent to

cause miscarriage if act done without women’s

consent

3. Sec. 354: Assault or criminal force to woman with

intent to outrage her modesty (Of Kidnapping,

Abduction, Slavery and Forced Labour)

4. Sec.359 kidnapping Sec. kidnapping

5. Sec.362 Abduction Sec. Abduction

6. Sec. 366: Kidnapping, abducting or inducing women to

compel her marriage etc.

7. Sec. 366A: Procreation of minor girl

8. Sec.366B: Importation of girl from foreign country

9. Sec. 372: Selling minor for purposes of prostitution

10. Sec. 373: Buying minor for purposes of

prostitution (Of Rape)

11. Sec. 375: Rape

12. Sec.376: Punishment of Rape (Of Offences Relating

to Marriage)

13. Sec.493 Cohabitation caused by a man deceitfully

inducing a belief of lawful marriage

14. Sec 494: Marrying again during lifetime of husband

or wife.

69

15. Sec.495: Same offence with concealment of former

marriage from person with whom subsequent marriage

is contracted.

16. Sec.496: Marriage ceremony fraudulently gone

through without lawful marriage.

17. Sec. 497: Adultery.

18. Sec.498: Enticing or taking away or detaining with

criminal intent a married woman. (Of Criminal

Intimidation, Insult and Annoyance)

19. Sec 509: Word gesture or act intended to insult

the modesty of a woman.

Other laws relating to violence against women1. Dowry Prohibition Act, 1980

2. Nari O Shishu Nirjaton Daman Ain , 2000

3. Acid Crime Prevention Act, 2000.

4. Acid Control Act, 2000.

70

Chapter-07Religious, social and customary provision of

women rightsWomen’s Right under Muslim Law

The purpose of women, according to the Quran, is to

compliment men. Women’s rights to employment and participation in

public life, freedom of movement and freedom of organization, are

severely restricted through a combination of the Shari’a

principles of qawam (men’s guardianship over women), hijab (the

veil) and segregation between men and women. Examples of women’s

inequality can be found in the administration of justice and in

certain aspects of family law. A woman’s judicial testimony is

deemed to be of half the value of that of a man, in civil cases,

and is not accepted at all in serious criminal cases. In certain

types of wrongful homicide, monetary compensation paid to the

heirs of a female victim is less than that paid to the heirs of a

male victim and a woman’s share in inheritance is half that of a

man’s. Additionally, no woman may hold any public office which

involves exercising authority over men.

Status of Women under Muslim Law

71

In addition, one verse of the Qur’an seemed not only to

confirm the inferior role of women but also to sanction wife-

beating. This verse states: “Men are the maintainers of women

because Allah has made some of them to excel others and because

they spend out their property; the good women are therefore

obedient, guarding the unseen as Allah has guarded, and (as to)

those on whose part you fear desertion, admonish them, and leave

them alone in the sleeping-places and beat them; then if they

obey you, do not seek a way against them; surely Allah is High,

Great.”86

The status of women in Islam is complicated by the fact that

scholarly interpretation of the Qur’an may have been subject to

the biases of those who stood to benefit by a society that

favored their gender. Women played no part in interpretation of

the Qur’an, and their absence “has been mistakenly equated with

voiceless ness in the text itself.”87 Furthermore, social norms

in many male-dominated countries may have obscured many of the

original purposes of the Qur’anic legislation. Former Prime

Minister of Pakistan, Benazir Bhutto, claims that the subjugation

of women in Islam “has got nothing to do with the religion, but

it has got very much to do with material or man-made

considerations.” She concludes, “It is not Islam which is averse

to women rulers, I think—it is men.88  

86 Sura IV, verse 34, The Holy Qur’an 5187 Ibid88 Benazir Bhutto, Politics and the Muslim Woman, in Liberal Islam: A Sourcebook 111, Charles Kurzman 1st ed. (1998).

72

Status of Women under MarriageThe word ‘Nikah’ has been used in two senses in Muslim law,

i.e. marriage and sexual contact89. Muslim marriage has been

considered a ceremony for a man to be united with a woman to

enjoy their life together and to produce children.

Though it can be said that Muslim law in all its egalitarian

principles confers upon women equal status is also interpreted in

various other ways. Though it was always felt that the man must

marry himself to a woman of equal status, there was no such

provision for the women that a woman must marry herself to a man

of equal status. Rather it was always considered that a man, on

marriage with a woman of lower status, would simply elevate her

position to his own position. This concept of equality between

the two parties to a Muslim marriage was traditionally known as

kafa’a. The idea of faskh demonstrates the uncommon platform on

which men and women stand in Muslim law. This concept was that a

woman who contracts herself to marriage with a man of unequal

status without the consent of any of her male relations would

render such a marriage violable and rescindable by the Court.

So here we can see that the women did not get a large scope to

choose husband for them. Moreover the right to give consent for

marriage is really a controversy one. Most of the cases the

women’s consent not considered in settling the marriage, in other

cases the silence are treated as of her consent. So ultimately

the law regarding marriage discriminate the women’s status.

89 Mohammad Nazmi, Mohammadan Law (Allahabad: Central Law Publications, 2005), p. 32

73

Right of Women in DivorceIn Islam, divorce is permitted when serious differences

arise which cannot be resolved through reconciliation. However,

it has to be the last resort, for the Prophet p.b.u.h. has

described divorce as the most detestable of all lawful things in

the sight of God. Now divorce is probably the last thing in the

world that a couple would want to consider when negotiating their

Prenuptial Agreement, but since Islamic divorce law is far more

reasonable and equitable than Western divorce law, it would be

wise to commit to the Shar'iah in your Prenuptial Agreement and

in the early stages of marriage. Furthermore, this is the time

when a woman may claim many of her Islamic rights.

There is a misguided notion both among western nations and even

among Muslims themselves that under Muslim law a woman will get

nothing from her husband towards her maintenance and living

expenses beyond her probationary period of Iddat. This is a very

simplistic notion and is clearly misleading.

In Islam the husband may unilaterally divorce his wife at any

time, without specifying any reason, and a woman may do the same

as long as she acquires this right when contracting her marriage.

She can do this by negotiating and demanding that the prospective

husband delegate to herself (or her nominated agent) the right to

divorce her at any time without assigning any reason. It should

be borne in mind that the procedure relating to the pronouncement

of divorce can vary depending upon which school of law is

74

followed by the husband and wife. The prospective wife can also

have the husband's right to divorce her curtailed in many other

ways - all by demanding and having the required legal conditions

included in the marriage contract - and these conditions would be

just as enforceable in a court of law as any conditions of a

civil contract. 

In fact, the modus operandi, even in a so-called bilateral

marital breakdown situation (i.e., where both the husband and the

wife mutually agree to divorce) is always for one of the two

spouses to take the initiative to call the marriage off. So, in

reality, marriage breakdown situations almost always entail

unilateral decisions and motivations. Therefore, given that there

is often an unavoidable, unilateral dimension in initiating

divorce proceedings, one could argue that to let either of the

two spouses have the unilateral right to divorce the other will

save both of them from endless argumentation and bickering that

could ultimately lead them to very expensive and emotionally

charged court litigation.

One good ground for divorce, according to the Prophet of Islam,

is the absence of mutual understanding/bonding between the

parties and therefore they should free themselves from the

bondage of marriage.

Classical Muslim law recognizes three modes of dissolution of a

marital tie i.e. by the death of either party, through mutual

consent and by an act of the parties.90 Absolute authority under

90 Rehanuddin vs Azizun Nahar, 33 (1981) DLR, p. 139

75

classical Muslim law to repudiate the marital tie has been vested

to the husband. However, it is possible for the husband to

delegate this authority to the wife when she can free herself

from the marital tie, i.e. she can get a talaq-e-tafweez. In

addition, parties to the marriage can repudiate the marital tie

through mutual consent which is popularly known

as Khula and Mubaraat. The wife would be required to compensate

the husband in the case of khula divorce.

There are three forms of talaq recognized under the classical

Hanafi law for the husband, i.e. talaq- al- ahsan, talaq- ul-

hassan and talaq- ul- bidat. Talaq-al-ahsan is considered the most

approved form of talaq. The husband is required to

pronounce talaq in a single pronouncement in the period of

tuhr followed by abstinence from sexual intercourse for the whole

period of iddat. Talak becomes effective after the iddat period. In

the case of Talaq- ul- hassan a husband is required to make three

pronouncements in the time of three tuhrs. No sexual intercourse

taking place during any of the three tuhrs. Talaq becomes effective

after pronouncement of talak for the third time during tuhr.

Finally in Talaq-ul-bidat the husband is required to make three

pronouncements at a time in the period of single tuhr. Though

this type of talaq is not approved by the Prophet it is considered

lawful under the classical Hanafi School.91 In this form

of talaq there is no room for revocation and it will be effective

immediately after the three pronouncements. It is also known as

91 Nilufar Majid vs Mokbul Ahmed, 4 (1984) BLD,  p. 79.

76

triple talaq Asghar Ali has revealed that during the Prophets

lifetime and during Abu Bakrs reign and during the first two

years of Umar, there was no practice of pronouncing three talaq in

one sitting; and pronouncing any number of talaq was considered

as a single pronouncement. Umar later on introduced this type

of talaq during the later part of his regime due to the impatience

of the people to wait to obtain divorce. Ahmed ibn Hanbal,

according to Asghar Ali, had revised his previous opinion and had

come to a conclusion that there is no place of triple talaq in the

Quran. It only approves the revocable talaq. Talaq by mutual

consent is of two kinds, Khula and Mubara.

Under classical Hanafi law khul or Khul is the only way for an

unwilling wife to obtain divorce from her husband. In this form

of talaq both parties come to an agreement to free themselves from

the bond. The interesting thing is that in this form of talaq the

wife, one might say, has to buy her freedom. She has to waive

some of her existing economic rights which are considered as

compensation to the husband and the husband will pronounce

the talaq to free her from marital bond. Usually the wife offers

to pay certain sum; normally the amount of dower either given to

her or promised to her is waived to release her from the marriage

contract.

There is another form of talaq by mutual consent known

as mubaraat. Offer of mubaraat unlike khula may come from either

side and accepted by both the parties. No question of

compensation arises here.

77

In talaq-i-tafweez or delegated divorce the wife may divorce her

husband subject to satisfaction of some conditions. It has been

stated earlier that the husband may delegate his authority of

divorce to the wife. Under this delegated authority the wife can

free herself from the marital tie by way of divorce on some

specific grounds. The wife will have to prove failure of the

husband to perform his marital obligations. Therefore, it is not

an absolute authority of the wife to dissolve the marital tie as

the husband does.

It is noteworthy that in all forms of talaq, discussed

above, husband has got exclusive authority, except

in Khula and Mubaraat divorce, to repudiate the marital tie. In

addition, consent of the wife is immaterial under these forms

oftalaq which, Huda has revealed, might be extra judicial and

might go beyond any external check. There is no debate or

confusion too regarding unilateral authority of the husband to

divorce his wife under classical Muslim law. Though the wife can

repudiate the marital tie in some cases, of course not

unilaterally but with the consent or under the authority of the

husband, it is not frequently used by women due to economic and

socio-cultural factors. It is interesting to mention here that

contracting marriage under classical Hanafi law needs witnesses

while dissolving the same requires no witnesses at all.

Against the backdrop of severe criticism on the husbands

whimsical exercise of unilateral authority to repudiate the

marital tie (though, according to Prophet, it should always be

78

used prudently and not whimsically), especially by

triple talaq there was an endeavor to restrict this unilateral

authority of the husband. Therefore, in 1961 a special law named

Muslim Family Laws Ordinance (MFLO) was promulgated. It makes, as

Huq observes, all forms of talaq a single revocable talaq. Section

7 of the MFLO requires any man who wishes to dissolve the marital

tie by way of talaq to send a notice thereof to the Chairman of

the union council/city corporation and a copy thereof to the

other party. Talaq will be effective after ninety days of

receiving the notice by the Chairman. Despite the requirement

that the Chairman will form an arbitration council for

reconciliation between the parties, lack of which will not make

a talaqineffective. It is worth mentioning that MFLO requires

observing few procedures of talaq; nowhere does it nullify the

unilateral authority of the husband to repudiate the marriage

bond.

Women’s Right to InheritanceIn Islamic inheritance law of whether a male always inherits

a share that is twice that of a female of equal class presents an

interesting case in which male interpreters of the Qur’an may

have been willing to stretch even the words of the Qur’an itself

to favor their gender. The Qur’anic verse states that “[t]he male

shall have the equal of the portion of two females. . . .” Yet a

literal reading of the separate verse that specifies heirs’

fractional shares is not consistent in some cases with the double

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share requirement. For example, if a decedent is survived by his

wife and parents, the wife should receive one-fourth of his

estate, the mother one-third and the father the remaining five-

twelfths. Worrying that the father does not receive double of

what the mother receives, the legal scholars determined that the

mother was not to receive one-third of the estate but rather one-

third of what remains in the estate after the wife receives her

share. Under this interpretation, then, the wife would take one-

fourth, the mother would take one-fourth also (one-third of the

remaining three-fourths), and the father would take the remaining

one-half of the estate, thus securing his double portion.

The provision for double shares for males is often pointed to as

a source for the proposition that Islamic law generally favors

men over women. It should be noted, however, that the Qur’anic

system may at times result in situations in which female family

members (although not of the same rank) may end up with equal or

greater shares of decedent’s estate. For example, if a wife dies

survived by her husband, her daughter and her (the wife’s)

brother, the estate will be distributed as follows: one-fourth to

the husband, one-half to the daughter, one-fourth to her brother.

Thus, the spouse and male relative of the wife each receive half

of the amount allocated to the daughter.

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Husband and Wife

Husband’s Right to Wife’s EstateIslamic law provides both the husband and the wife with a

definite portion of each other’s estates and then divides the

rest of the estate among other relatives of the deceased spouse.

The husband’s share in the wife’s estate is expressly delineated

in the Qur’an. Under the Sunni system, if the wife is survived by

one or more agnatic lineal descendants, the husband is entitled

to one-fourth of her estate If the wife is not survived by any

children or agnatic lineal descendants, the husband takes one-

half of her estate. The remaining estate is then divided, under

the Sunni approach, among her agnatic lineal descendants or, if

none, the wife’s other relatives. (Her husband is not deemed to

be her “relative.”) It is important to note, however, that the

husband’s share of the estate is specifically limited by the

Qur’an to his prescribed portion after payment of any legacies or

debts.92

Wife’s Right to Husband’s Estate Under Islamic law, the widow has a right to her deferred

mehr93 and also to her Qur’anic share of her husband’s estate. The

prescribed amount is basically one-half of the amount to which

the husband is entitled if the wife were to die first. If the

husband left agnatic lineal descendants, the widow’s share is92 Sura IV, verse 12, The Holy Qur’an 4993 According to section 5 of the Family Courts Ordinance 1985 the Family Court has jurisdictionto decide cases relating to or arising out of dissolution of marriage, restitution of conjugalrights, maintenance, dower and custody and guardianship of children.

81

one-eighth of his estate.94 Her share is one-fourth of the estate

in the absence of lineal descendants. If there is more than one

widow, however, the widows must share that amount equally among

themselves. The wife, like the husband, will never take more than

the prescribed share. Also, as with husbands, the Qur’an

specifically states that the surviving wife’s share is a share

only of the net estate.

DaughtersBoth the Sunni and the Shi’a systems list the daughter as a

named taker with a prescribed share of the estate. Thus, a

daughter will never be excluded from sharing in the parent’s

estate.95 The amount of the Qur’anic share of a daughter depends

upon whether the deceased parent is survived by sons or other

daughters. If the decedent is survived by sons as well as one or

more daughters, the daughters and sons share the residue of the

estate but each daughter takes one-half of a son’s share. If

there is no son and the decedent is survived by only one

daughter, she takes one-half of the estate. If there are no sons

but more than one daughter, the surviving daughters share two-

thirds of the estate equally among themselves.96

Mother94 Syed Ameer Ali, Muhammedan Law, 5th ed (Vol. II, 1985), p. 269.95 Ibid96 Sura IV, verse 11 provides in part as follows: “Allah enjoins you concerning your children:The male shall have the equal of the portion of two females; then, if they are more than twofemales, they shall have two-thirds of what the deceased has left, and if there is one, she shallhave the half . . . .” The Holy Qur’an 49

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Mothers are among those takers who are specified in the

Qur’an.97 If the decedent dies and is not survived by any

children or son’s children, and is survived by only one sibling,

if any, the decedent’s mother’s share is one-third of the estate.

If the decedent in this case is survived by two or more siblings,

the mother’s share is one-sixth. If the decedent is survived by

one or more children or son’s children, the mother also takes

one-sixth of the estate.

Mother’s right to custody of her childThe mother, whether she is separated or not, has the first

claim to get the custody of an infant. If a mother is unable or

unwilling to take custody, the general principle is that a close

female relative of hers, .e.g. mother’s mother will take charge

of the infant. There are differences of opinion regarding the

duration of a mother’s right to custody. The prevailing opinion

under the classical Hanafi school is that a mother retains the

right of custody until seven years of age if the child is male

and until nine years of age if the child is female. And that

duration of custody in the Maliki school is the age of puberty in

97 Sura IV, verse 11 provides in part as follows:and as for his parents, each of them shall have the sixth of what he has left if he has a child,

but if he has no child and (only) his two parents inherit him, then his mother shall have the

third; but if he has brothers, then his mother shall have the sixth after (the payment of) a

bequest you may have bequeathed or a debt . . . .

The Holy Qur’an 49.

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case of a boy and till marriage in case of a girl while in the

Hanbali school it is seven years for both boys and girls.98

The welfare doctrine reveals that the interest of the child will

get paramount importance to the court to determine who the

custodian will be. Authoritative precedent of the welfare

doctrine is the Abu Bakar Siddiqui case.99 In this case the Appellate

Division of the Supreme Court deviated from the traditional

principle of the Hanafi school regarding the duration and allowed

custody in favor of the mother though the child crossed the age

limit. Here custody of a boy over seven years of age, who was

sick and needed treatment abroad, has been given to the mother,

who was a physician. The Court considered three grounds in giving

this verdict. First, the mother in this case is the best person

to rear up a sick child than any other person including the

father. Secondly, there is neither Quranic injunction nor

tradition of the Prophet regarding custody of a child. Thirdly,

there is no consensus among the Muslim jurists on the question.

Though there are numerous cases where courts have observed that

the welfare of the child will get paramount importance to

determine the custody, the Abu Bakar siddique’s case is the only one

where the court has deviated from the traditional rule of the

Hanafi school.100

Mullah observes that a female including the mother will lose the

right to custody if (a) she re-marries a person not related to

98 Md. Abu Bakar Siddique v. S.M.A. Bakar, 38 DLR (1986), AD, p. 106.99 Ibid100

84

the child within prohibited degrees; (b) if she goes and resides,

during the subsistence of a valid marriage, at distance from the

husband’s place of residence; (c) if she is leading an immoral

life and; (d) if she neglects to take care of the child.101

Therefore, re-marriage of a mother is a crucial point to

determine the custody of a child under traditional Muslim law.

The mother is the best person to get the custody of an infant,

her right is not absolute. Her right is rather conditional, under

control and supervision of the husband It is true that the courts

have been following the welfare doctrine to determine the custody

of the child; but benefit of this doctrine mostly goes to the

husband. Sometimes the wife is being deprived of her right to

custody due to the welfare, Economic condition or the point that

she is not financially sound enough to support the child is one

of the common reasons for denying her the right. Our courts do

not direct the father to give adequate expenses of the child

while it is in the custody of the mother in accordance with the

living standard. For example, in the Nilufar Majid’s102 case the court

has deprived the mother from getting custody of her child on two

grounds: (a) she is re-married to a stranger and (b) being a

service holder she will have to spend most of her time in the

office. Therefore, the child will mostly depend on the

maidservant which, according to the court, is against the welfare

of the child.

101 D.F. Mullah, Principles of Mohammedan Law (Paragraph 354) cited in Rahimullah Chowdhury v Mrs Sayeda Helali Begum and others, 20 DLR, AD, p. 1.102 Nilufar Majid v Mokbul Ahmed, 4 BLD, HCD, p. 79.

85

It is also interesting to see that the court does not pay

attention to the re-marriage of the husband and does not consider

it harmful to appoint him as the custodian of the child, even

though the busyness of a father is immaterial whereas this point

is strong enough against the mother of the custody of her child.

Women’s right to MaintenanceAccording to Mulla’s Principle of Mohammedan Law, the

husband is bound to maintain his wife (unless she is too young

for matrimonial intercourse) so long as she is faithful to him

and obey his reasonable orders. But he is not bound to maintain

her who refuses herself to him103 or is otherwise disobedient.

Unless the refusal or disobedient is justified of non payment of

prompt dower (sec. 290)104

If the Husband is neglect or refuses to maintain his wife without

any lawful cause the wife may sue him for maintenance, unless the

claim is based on a specific agreement105 or she may apply for an

order of maintenance under the provision of the Code of Criminal

Procedure, 1908, section 488, in which case the court may order

the husband to make a monthly allowance not exceeding four

hundred Taka.

After divorce the wife is entitle to maintenance during the

period of Iddat (sec.257)106. A pregnant woman is entitled to

maintenance till she delivers the child103 Muhammed Ali Vs. Mt Gulam Fatima (1983)160 I.C. 335,(135)A.L. 902.104 Muslim Family Law Ordinance 1961105 Abdool Futtah Vs.Zabmessa (1881) 6 Cal. p,631.106 Muslim Family Law Ordinance 1961

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Right of Women under Hindu Law

Women’s right in marriageAccording to Hindu social customs, Hindu marriages are

solemnized through religious rituals. There is no marriage

registration system for Hindus in Bangladesh. There is also no

Hindu marriage law or Hindu marriage registrar in the country.

So, if any Hindu woman suffers in the hands of her in-laws, she

does not get legal help.

In Bangladesh, Hindu marriages differ from caste to caste. The

Hindu marriage rituals have often no lawful ground. So, when the

Hindu women want to come out of bad marriages they are in trouble

because there is no marriage registration system in the Hindu

society in Bangladesh.

As per a 1946 law, Hindu women can file cases with courts to only

regain the rights to conjugal life. Besides, the Hindu women can

file cases under Family Court Ordinance 1985, Dowry Act 1980 and

Women and Children Repression Act 2003. But these laws are too

inadequate to protect the Hindu women's rights.

But the situation is very different in neighboring India. There

are laws in that country to protect the rights of Hindu women

such as Widow Marriage Act 1856, Racial Inability Remission Act

1850, Child Marriage Prevention Act 1929 (Amendment 1938), Earned

Property Affairs Act 1930, Inheritance Act 1925 and Hindu Women's

Rights to Lands Act 1937. Besides, new laws have been made in

India after independence in 1947. These include Hindu Marriage

87

Act 1955, Immature Children's Property Act 1956, Hindu Adoption

and Maintenance Act 1956, Hindu Inheritance Act 1956 and Special

Marriage Act 1960.

Efforts to enact laws to protect Hindu women's rights in

Bangladesh are thwarted by conservatives. There are Hindu men who

leave their first wives and take second ones, but the same people

resist changes for the better.107

Although the clauses No 19 (1) and 19 (2) of the constitution

carry clear provisions that the state will ensure equal rights to

all citizens and remove social and economic disparities, no

government came up with steps to reform Hindu laws for protecting

Hindu women's rights.

As per a 1946 law, Hindu women can file cases with courts to only

regain the rights to conjugal life. Besides, the Hindu women can

file cases under Family Court Ordinance 1985, Dowry Act 1980 and

Women and Children Repression Act 2003. But these laws are too

inadequate to protect the Hindu women's rights. But the situation

is very different in neighboring India. There are laws in that

country to protect the rights of Hindu women such as Widow

Marriage Act 1856, Racial Inability Remission Act 1850, Child

Marriage Prevention Act 1929 (Amended 1938), Earned Property

Affairs Act 1930, Inheritance Act 1925 and Hindu Women's Rights

to Lands Act 1937. Besides, new laws have been made in India

after independence in 1947. These include Hindu Marriage Act

1955, Immature Children's Property Act 1956, Hindu Adoption and

107 Pankaj Deb, Right of  minority, The Daily Star, June 04, 2004

88

Maintenance Act 1956, Hindu Inheritance Act 1956 and Special

Marriage Act 1960. It would be pertinent to mention the

remarkable changes in ancient Hindu Law in India through the

Hindu Marriage Act-

1955:                                                             

                                    

Inter marriage between persons of different castes is

not prohibited.

Monogamy which is essentially the voluntary union for

life of one man with one woman to the exclusion of all

others is now enforced by legislation.

Bigamy has been made punishable as an offence.

The conditions and requirements of a valid marriage

have been considerably simplified.

Several matrimonial reliefs e.g., restitution of

conjugal rights, judicial separation, nullity of

marriage and divorce have been provided in this Act.

It is a matter of great regret that the Hindu women of our

country fail to avail this kind of opportunity due to the lack of

proper legislation.

Right of women in divorceThe concept of divorce is not recognized under the orthodox

Hindu Law. Manu believed that the duty of a wife continues even

after death. She can never have a second husband. The reason is

that a marriage from the Hindu point of view creates an

89

indissoluble tie between husband and wife. Unless divorce is

allowed by the custom neither party to a marriage can divorce the

other party. However, through the passing of Hindu Marriage Act

1955 in India some revolutionary changes have been introduced

regarding marriage and divorce. After the passing of the Act the

idea of marriage as an indissoluble union has been abolished and

it is almost converted to a civil contract just like Muslim Law.

The option of Divorce is the most significant part of this Act.

Section 13(1) declares the right of divorce to both the parties.

The grounds are as follows:

Adultery; treated the other party with cruelty; deserted the

other party for a continuous period of not less two years

immediately preceding the presentation of the petitioner;

conversion to other religion; if one party becomes incurably of

unsound mind or has been suffering continuously or intermittently

from medical disorder of such a kind and extent that other party

cannot reasonably be expected to live with the respondent.

Four grounds are available only to wife: Bigamy; Rape, sodomy;

Non payment of maintenance decreed to the wife; Wife was under 15

when she was married and has repudiated the marriage before she

is 18.

Unfortunately in Bangladesh any legislative enactment is yet to

be introduced allowing a Hindu to divorce his/her spouse. Hindu

women in Bangladesh are the worst sufferer due to this lack of

provision of divorce. Very often they have to undergo physical

90

and mental torture for dowry from their husband but can't divorce

him since there is no such option in our country.

Women’s right to adoptionAdoption is the transplantation of a son from the family in

which he is born to another family where he is given by the

natural parents by way of gift. The power of a Hindu female to

adopt a son is very much restricted in Bangladesh. She can't

adopt by herself but only with the consent of her husband. She

has no right herself, she is deemed to act merely as an agent, or

representative of her husband. A wife can but no other female can

adopt. However, in India a woman enjoys a lot of rights conferred

by the Hindu Adoption & Maintenance Act 1956. The Act has made

the following changes in the law relating to adoption:

A female may also be adopted108

A virgin, divorcee, or widow is entitled to adopt and

wife can also adopt in certain circumstances.109

A male can adopt only with the consent of wife or

wives, if any.110

The father without the consent of mother can't give a

child in adoption except in certain circumstances.111

The ceremony of “Datta Homam” is not essential.112

108 Section-7&8 of the Hindu Adoption & Maintenance Act 1956109 Ibid Section-8110 Ibid Section-7111 Ibid Section-9112 Ibid Section-11

91

Women’s right to inheritanceAccording to Bangladesh Law Hindu women only get a limited

share. They inherit life interest in the property. There are five

female Sapindas according to the Dayabagha law, namely the widow,

the daughter, the mother, the father's mother and the mother of

father's father. No other female relation is recognised as heir

by the said school. Moreover a daughter cannot receive any

property; even she cannot get life interest in the presence of

son, grand son and great grand son. Although in neighboring India

laws in this regard have been updated since independence in 1947,

in Bangladesh the pre-1947 laws are still prevailing. In India

laws have been framed and amended that has established women's

rights on the property of father and husband.

StridhanaStridhana means a particular property a women may have a

limited or an absolute interest. Stridhana belonging to a woman

of which she is the absolute owner she may dispose of this

property without the consent of her husband and without the

consent of any one during the maidenhood or widowhood. Stridhana

of every description passes on her death to her heirs and not to

the heirs of the person from whom such property was acquired.

Women’s right to maintenanceGenerally a Hindu wife with her husband and the husband is

bound to maintain her and she must discharge her duties towards

92

her husband. But if she leaves him for own accord, either without

cause or on account of such ordinary quarrels as are incidental

to married life, she can set up no claim to separate residence

and maintenance.

“The Hindu Women’s Right to Separate Residence and Maintenance

Act” – 1946, says that, notwithstanding any custom and law of a

woman is entitle to have maintenance and separate residence from

her husband-

If he is suffering from certain loathsome diseases.

If he is abandoned her.

If he has married another woman.

If he is converted to another religion.

If he is cruel to the wife

If he keeps concubine

However a woman can not claim maintenance if-

She is guilty of unchastity

She convert to another religion

She refuse to go back to her husband without any

justified cause

She has re-married to another person.

93

Chapter-08Present condition of women and their rightsStatus of Women in Bangladesh

94

In the male dominant society women’s are in a

disadvantageous position. Women, in custom and practice, remained

subordinate to male in almost all aspect of their lives;113

greater autonomy was the privilege of the rich or the necessity

of the very poor. Most women’s lives remained centered on their

traditional roles and they had limited access to markets,

productive services, education, health care, and local

government. At the household level, the girl child often has

unequal access to nutrition, health care and education compare to

boy child. Many discriminatory practices arise out of some deep-

rooted socio-cultural factors. Women still earn less than men

earn and are mostly occupied in low paid jobs. They often do not

have easy access to credit and other income generation

opportunities, and are still under represented at management and

policy levels.

The lack of opportunities contributed to high fertility patterns,

which diminished family well-being contributed to the

malnourishment and generally poor health of children and

frustrated educational and other national development goals. In

fact, acute poverty at the margin appeared to be hitting hardest

at women. As long as women’s access to health care, education and

training remained, limited and prospect for improved productivity

among the female population remained poor in our country.

In the 1980’s women’s status in Bangladesh remained inferior to

that of men. About 80 percent of women lived in rural areas in

113 Faiz-ud-din, Dr. Muhammad, Shams Publications, 2011, p-99

95

the late 1980’s. The majority of rural women, most probably

seventy percent, were in small cultivator; tenant and landless

households, many of them worked as laborers part time or

seasonally, usually during the post harvest and received payment

in kind or in meager cash wages. Another twenty percent, mostly

in poor landless households, dependent on the casual labor,

gleaning, begging and other irregular sources of income,

typically their income was essential to household survival. The

remaining ten percent of women were in household mainly in the

professional, trading, or large-scale landowning categories, and

they usually did not work outside the home.

The economic contribution of women was substantial, but largely

unacknowledged. Their contribution in agricultural sector and

manufacturing jobs, especially in the ready-made garment industry

is remarkable. Despite the fact that women constitute half of our

citizenry, they continue to face persistent disadvantages and

exclusion, evident in gender differentials for various indicators

of health. One of the most telling indicators of the disparity

between male and female can be found in child mortality. Though

following global norms in Bangladesh infant mortality is higher

for males than females, soon after birth the mortality rates

start to reverse. For example, post neonatal mortality among

males is twenty-seven per thousand births versus thirty-one among

females and child mortality among male is twenty-eight per

thousand births versus thirty-eight among females. These

96

disparities clearly indicate the neglect of girl children in

terms of nutrition and access to health care.

The factors that determine the status as well as the fertility of

women in Bangladesh are education, and empowerment, occupation of

husband, residence and possession of items and religious beliefs

and norms.

Women’s rights and discrimination in Bangladesh Women are universally sought after in literature and

Bangladeshi women are no exception. The beauty and charms of

Bangladeshi women are celebrated in poems, legends and short

stories. But the suffering of Bangladeshi women is often

ignored. 

Too many still face deprivation and oppression and the legal and

socio-economic system does not do enough to prevent

discrimination and violence against women.

Under the Constitution, women’s rights are protected under the

broad and universal principles of equality in:

Article 10 which provides that, steps shall be taken to ensure

participation of women in all spheres of national life114. Article

19 (1) which provides that, the State shall endeavour to ensure

equality of opportunity to all citizens.115 Article 27 which

specifies that, all citizens are equal before the law and

entitled to equal protection.116 Article 28 (1) which provides

114Article 10, The Constitution of Bangladesh.115 Ibid Article-19 (1)116 Ibid Article-27

97

that, the State shall not discriminate against any citizen on

grounds of religion, race, caste, sex, or place of birth.117

Article 28 (2) which says that, women shall have equal rights

with men in all spheres of the State and of public life.118

In addition, Bangladesh has specific laws prohibiting certain

forms of violence including-

the Penal Code, 1860,

the Anti-Dowry Prohibition Act (1980),

the Cruelty to Women Ordinance (1983),

the Suppression of Immoral Traffic Act (1993), and

the Prevention of Repression against Women and Children

Act (2000).

However, despite such legal support, Bangladeshi women are still

not receiving equal treatment in practice. Inequalities are

common, for example:

Women in the informal sector are often paid at lower grades than

men for the same work. In divorce proceedings, women need to

prove the validity of their reason for seeking divorce in order

to obtain a court order to enforce their rights. Men on the other

hand, do not need such proof and can divorce their wives at any

time without proven reason. Under traditional inheritance laws, a

woman is generally given half the share of her male counterpart.

Despite anti-dowry laws by the state (and religious edicts

supporting this position) traditions remain widespread and women

whose families do not fulfill requests to pay dowry to their

117 Ibid Article-28 (1)118 Ibid Article-28 (2)

98

husbands, are sometimes subjected to horrifying violence. As is

well known, women who turn down marriage proposals are sometimes

in danger of suffering violence from spurned men and there have

been many cases of men throwing acid at women. In 1990, the

Ministry of Women and Children Affairs set up Assistance cells to

help victims of violence but the number of cells is not enough to

cope with the demand for help.

Law enforcement is also failing to stop Bangladeshi women

(including underage girls) being trafficked for the purposes of

forced prostitution. Reliable statistics are hard to find, but

one report estimates that on average, at least 70-80 women and

children are trafficked abroad daily from Bangladesh. Around 5000

are thought to be trafficked annually to Pakistan and Arab

countries and 10,000-15,000 are trafficked to India. This

situation further exacerbates societal restrictions on the free

movement of women and makes women fear for their safety both

inside and outside the house.

Early marriage is another obstacle in promoting women’s rights.

The law of our country clearly provides that a woman must at

least be 18 years of age to be able to get married119. Fear of

poverty, perceptions of family honour and social insecurity are

some of the major reasons behind early marriages. As a result,

women’s right to education, a pillar for realising one’s own

rights, suffers.

119 The Majority Act, 1875

99

Despite moves to widen access, more Bangladeshi males still get

access to education than females. The ratio of female to male

students at primary level has improved to over 70% of male

levels. But at secondary school level female-enrolment

constitutes only 40% of the male total. As for the constitutional

right to livelihood, formal employment of women is still low in

both private and public sectors. The government sector is

especially weak in encouraging women into posts with decision

making responsibility.

Bangladeshi women also face discrimination when applying for bank

loans, particularly if they do not own properties, and husbands

or male relatives are asked to give consent to bank loan

transactions. Because of such constraints from family, society

and the State in general, Bangladeshi women are either sometimes

unaware of their rights or are prevented from asserting them.

The situation of Bangladeshi women illustrates the problem of

turning legal principles into social, political and economic

practice. Discriminatory attitudes towards women, whether rooted

in the family, society or at State-level, should cease. 

Violence against WomenViolence against women in Bangladesh is widespread and

political influence; administrative failure and lack of social

resistance and implementation of laws are the main reasons that

lead to the perpetrators going free. Odhikar120 closely monitors

120 Human Rights Protecting NGO in Bangladesh

100

the overall situation of women and girls in Bangladesh and

documents the issues relating to violence against women, in

particular, dowry violence, rape, acid violence and stalking

(sexual harassment). Victims of rape face severe social stigma

where in majority cases victims are treated as the guilty party

by the police. As a result a majority of victims/their families

do not seek justice and try to hide incident. Due to a weak

criminal justice system, insensitivity, corruption, wrong

postmortem reports the judicial procedure is hindered. Though a

deep rooted patriarchal mindset and lack of awareness is behind

such violence; however, non implementation of laws are also

instigating such violence. The inaction and corruption of law

enforcement agencies and their reluctance to investigate or

arrest the accused also contribute to the continuing crime of

violence against women.121

Women trafficking in BangladeshTrafficking in children and women includes all acts involved

in the capture, acquisition, recruitment and their transportation

within and across national borders with the intent to sell,

exchange, or use for illegal purposes such as prostitution,

servitude in the guise of marriage, bonded labour or sale of

human organs by means of violence or threat of violence122.

121 See more at: http://odhikar.org/violence-against-women/#sthash.9KqUSx5e.dpuf122 State of Human Rights Bangladesh 1999. Coordinating Council for Human Rights in Bangladesh (CCHR) p-98 (2000)

101

Trafficking in women and children is the worst violence against

them. Recently trafficking in women and children from Bangladesh

has increased tremendously. Trafficking has been defined as-

‘Trafficking is the recruitment, transportation, transfer,

harboring or receipt of any child by means of threat or use of

force or other forms of coercion, of abduction, of fraud or

deception of the abuse of power or of a position of vulnerability

or giving or receiving of payments or benefits to achieve the

consent of having control over another person’123. This definition

should not only concentrate on the movement aspect, but also

should encompass the outcomes of trafficking. These outcomes

include commercial sexual exploitation, illegal adoptions and

camel jockeying. Broadly speaking, trafficking is the transport,

sale of purchase of women and children for profit, and for any

other consideration like prostitution, bonded labour, begging,

sexual enslavement and even for polygamy within the country or

abroad.

During the last ten years (1991-2000) 2 lakh women have been

trafficking from Bangladesh to our neighboring countries

including India of them, one lakh and sixty thousands trafficking

to India only. 14% of the total number of prostitute in kolkata

is Bangladeshi.124 According to another report, every year four

thousand women and children are trafficking to Pakistan, India

and Arab countries125. According to another report, 20% of the

123 National Plan of Action against the Sexual Abuse and Exploitation of Children including Trafficking, Ministry of Women and Children A Affairs, Bangladesh, May 2002.124 The Daily Khobarer Kagoj, 14 November 2000, The Daily Star, 7 November 2000.125 The Daily Bhorer Kagoj, 10 September 1996.

102

child prostitute in India is from Bangladesh and Nepal126.

According to State Department of the USA, 2.5 lakh women who are

compelled to be prostitute in the USA are from south-east Asia

and more than twenty thousand women and children are being

trafficking from Bangladesh each year127. According to another

source, among thirty lakh prostitute in India, three lakh are

from Bangladesh.128

It is, in fact, very difficult to find out the accurate

statistics of trafficked out women and children from Bangladesh.

But it is a really that a significant number of children are

trafficked within the country and accross the boarders. Variation

in statistics arises due to the fact that different news media

including human rights NGOs collect information from different

sources. Besides, many incidents remain unreported due to

unawareness, social impediments etc. The activities of

traffickers are usually intensified in boarders like Teknaf,

Ramu, Ukhia and Cox’s Bazaar Thana of the boarder of Cox’s bazaar

District. The boarders of Jossore, Satkhira, Rajshahi and Chapai

Nawabganj Districts are also used as trafficking route.129

Women and children trafficking is a perennial problem, not only

in Bangladesh but also in the world. Poverty, over-population,

gender-based discrimination, lack of consciousness are some of

the reasons behind women and children trafficking in Bangladesh.

126 The Financial Express, 5th January 1996.127 The Daily Jugantor, 24 January 2000.128 The Daily Prothom Alo, 6 December 2000.129 State of Human Rights Bangladesh 1999. (CCHRB) p-94 (2000)

103

Nowadays, trafficking is an easy way of making money. A group of

heinous criminals have adopted it as a profession. They allure

the victims' parents and guardians to voluntarily put them in

(the victims) their hands. Sometimes they kidnap individuals to

traffic them outside the country.

In the name of providing employment they entice innocent people

into their trap. They are brought over to Dhaka and forced into

antisocial activities. Good-looking women are being trafficked

abroad. Although Dhaka is their hub of activity they have

networks across the country.

According to unofficial statistics, during the last ten years,

more than two lac women were trafficked to Pakistan and five lac

were sent to India. Ninety-percent of women and children were

trafficked through Benapole border at Jessore. The other transit

points are Sona Masjid at Rajshahi, Meherpur, Hili, Shylet and

Brahamanbaria.

In recent times trafficking is increasing in the name of labour

migration. The main destinations of the trafficked persons are

India, Pakistan, Middle East, Lebanon,Thailand, Cambodia. They

are mainly trafficked for sex trade, domestic work, forced

labour, camel racing, forced marriage and other forms of

exploited labour. Attitudes towards women in the society should

be changed and their contribution should be valued.

Most of the trafficking incidents take place through the border

areas. There is a need for building up community awareness, and

forming watch committees comprising border guards, Union Parishad

104

members and NGO's to contain the menace. The local bodies should

become particularly proactive in reaching out to the vulnerable

families, mostly the ultra-poor, in finding work or employment

for the adult members.

The media, local government, non-government organisations and law

enforcing agencies should work together to combat trafficking.

NGOs should send their recommendations for addressing trafficking

to the parliamentary committee on the ministry of women and

children's affairs.

There is also a need to review the existing laws, including the

Women and Children Repression Prevention Act 2000 (amended 2003),

and formulate women and children repression rules that would

provide more detailed guidelines to address the issue of human

trafficking.

The problem exists in the entire country, as such it would be

impossible for the government alone to address the issue. All the

stakeholders should come under one banner to take up the

challenges and find effective solutions. The media of the country

can be utilised in a structured manner for creating awareness

among the people about human trafficking. Trafficking of women is

taking place in the name of labour migration130.

Women and children trafficking from Bangladesh have increased

significantly. Trafficking rings from India’s Mumbai, Hyderabad

and Kolkata have expanded their strong network on Bangladeshi

villages along the border. And this ring has been targeting rural

130 The Daily Star, 19 June, 2011

105

teenage and adolescent girls, who are basically economically and

socially insecure. According to a recent report of India’s Kerala

State Police, Bangladeshi girls are collected by these Indian

trafficking rings from many districts, in exchange of Tk 30,000

to Tk 40,000 to the ‘procurer’. These ill-fated girls are then

taken to India and sold off to different brothels and residential

hotels, where they are forced into prostitution. Adolescent girls

and ladies with good-looks are trafficked to Pakistan or the

Middle East. In the world of crime, human trafficking is a very

profitable and lucrative business. Thus, the global human

trafficking rate has significantly risen over past decade. In

South Asia, Bangladesh has earned a bad name as transit for

trafficking women and children. Poor and uneducated women and

children are falling prey to these crime networks. Meanwhile, a

degradation in the country’s law and order situation and failure

to take adequate steps in this regard has also influenced these

traffic rings. It has to be noted that illegal flesh trade in the

region has risen to an alarming level. According to a United

Nation’s statistics, around 3 lakh women and children have been

trafficked out of the country in the last 10 years. However, some

non-governmental organisations puts the estimate at around 5

lakh.

Meanwhile, the Time of India published a report saying that

around 50 thousand Bangladeshi women and children are being

trafficked to India, Pakistan and the Middle East. The

traffickers use some 18 points of the country to push these women

106

and children into India and then to other parts of the world.

Most of these victims are placed in Indian brothels. Apart form

that, both men and women are now willingly going abroad for a

better living through overseas recruiting agencies. And in most

such cases, the agencies defy laws, extort and deceive the

aspirants. They do not provide work or payment as promised, and

some of the ill-fated also fall victims to sexual harassment.

Just for a job and a better living, these people are forced to

like an inhumane life abroad.

According to the UN Human Rights Commission, Bangladesh has shown

no effort to stop such heinous crimes. Even though the government

has enacted specific laws in this regard, corruption in the

administration with unscrupulous recruiters, procurers and

traffickers has kept the scenario unchanged. In neighbouring

India and Nepal, human trafficking is illegal by the

constitution. Even though these is no direct clause in this

regard in our constitution, clauses relating to basic rights can

be used as a shield for the victims. Even when the UN and other

organisations are conducting joint programmes with the government

to stop flesh trade, punish the criminals and protect the rescued

victims, but lack in awareness about the crime still remains at

bay. In such conditions, it has become very important to add

specific clauses to the constitution, implementing existing laws

and raise awareness to put an end to human trafficking of

Bangladeshi citizens.131

131 The Daily Ittefaq, 5 February, 2013

107

Dowry ViolenceDowry has been defined in the Dowry Prohibition Act 1980 as:

"any property or valuable security given or agreed to be given

either directly or indirectly-

by one party to a marriage to the other party to the

marriage; or

by the parents of either party to a marriage or by

any other person to either party to the marriage or to

any other person;

At the time of marriage or at any time before or after the

marriage as consideration for the marriage of the said parties,

but does not include dower or mehr in the case of persons to

whom the Muslim Personal Law (Shariat) applies"132.

The same Act, in sections 3 and 4 lay down the punishments forgiving and accepting dowry and for demanding dowry. The

punishments are all the same - between one to five years of

imprisonment and fine. However, cases involving dowry violence

are not heard under this Act. Such matters are heard under the

Suppression of Repression against Women and Children Act, 2000

(amended in 2003). Under the Act of 2000 (amended in 2003), if

her husband, or his parents, guardian, relative or any person132 Section 2 of the Dowry Prohibition Act 1980

108

on his behalf, kills or attempts to kill a woman for dowry, orcauses her grievous or simple hurt, it will be a punishable

offence133. The punishment is the death sentence for causing

death and life imprisonment for attempting to cause death;

either twelve years of imprisonment (up to five of which are

rigorous) or rigorous life imprisonment for causing grievous

hurt; and between one to three years of rigorous imprisonment

for causing simple hurt. All the sentences come with a fine.Incidents of Dowry Violence134

Killed Physically

abused

Alleged

Suicide

Total

2010 234 122 22 378

2011 305 192 19 516July 2011-

June 2012135

308 436 18 762

Jan-June

2012136

142 306 10 458

The demanding of dowry is probably one of the root causes of

domestic violence in Bangladesh- especially in rural areas and

among low-income groups. There are several reasons why this

illegal demand is still a fixture in marriage negotiations, some

of which came out during the project period, and some which have

been noted by Odhikar in its several years of documentation of

dowry violence:133 Section 11 of the Suppression of Repression against Women and Children Act, 2000 (amended in 2003).134 Table taken from data in the Annual Human Rights Reports of 2010 and 2011, Odhikar. www.odhikar.org. The table is not an exhaustive ~sentation, as much of the violence goes unreported.135 Odhikar-KIOS project period.136 Odhikar documentation data.

109

Initially the family of the prospective bride (father,

mainly) agrees to pay dowry, as they had no choice and

wanted to see their daughter married. The daughter may

have a 'dark' complexion, or may have some slight

physical disability, which, to a bargain hunting groom,

may help to increase the dowry demands.

Where dowry was demanded to enable the son-in-law to

work abroad, the victim's family thought that she would

be able to live well once her husband was working

abroad. In some cases, the husband never did go abroad.

Dowry is such a common practice, that it is very rarely

protested/denied. The pressure to get a daughter

married is high.Mohammad Akram Shorder told Odhikar that Momin and Fatema were married on

November 5, 2011. Fatema had a 'dark' complexion and due to that reason,

Momin' s family demanded dowry, which included a steel cupboard, a pair of gold

ear rings and seventy two thousand taka. Akram Shorder was concerned for Fatema' s

future and on November 4, 2011, he gave Momin fifteen thousand taka more. He also

fulfilled the other demands, including payment of the rest of the dowry money within

one month of the marriage. However, Momin and bis younger sister named

Mosammat Fatema Khatun used to physically assault bis daughter. Fatema told him

that Momin always carry a clasp-knife. Momin used to scare her with that and

asked her to bring more money from her father. He also recalled that two salish137

were held in Momin' s house due to the abuse138.

After the marriage, the demands continue. The demands of money

become more persistent, often causing the victim's family to137 Informal mediation headed by the village elite.138 Odhikar fact finding report. 19 year old Paterna was killed by her husband in February 2012.

110

fall heavily in debt or even sell their land to meet the

demands. Apart from the abuse, the victim is either thrown out

of the house, sent back to her parents (this is seen as an act

to shame the wife) or given next to nothing in the form of food,

clothing or comfort. The abuse may lead to the death of the

victim, resulting in the husband absconding and his family

claiming it was an 'accident'. It is as if her husband, who

abuses her over more and more money and material demands, holds

the wife hostage.

More often than not, police see domestic violence as a social

and not a legal issue. They sometimes tell the victim/family to

seek help at a local NGO and not come to the police station.

If the victim has died due to the abuse, only then do they

accept the FIR and commence investigation. Corruption in the

police force is extremely common and there are cases where the

police cannot 'find' the 'absconding' accused as they have been

paid by the husband's family to prolong the investigation. Twenty year old Akhi Shutrodhar was married to Ashim Shutrodhor, son of Sri Vasha

Shutrodhor of Maijhail Mistripara village of Belkuchi upazilla in Sirajganj on June 27

2010. At the time of her marriage, her family gave Ashim 25 thousand tak:a and 2

carats of gold ornaments as dowry and assured him that they would give 10

thousand tak.a more. After the marriage, Ashim used to beat Akhi and repeatedly

remind her of the rest of the dowry money yet to be paid. Moreover, be used to

abuse her physical.ly and verbally. Ashim's family also abused Akhi. Akhi informed

her father and asked for the money to be given. Since her family took loans for

Akhi' s marriage, they were facing a financial crisis and were unable to pay.

Moreover, at the time of the delivery of Akhi's son, her brother borrowed 35

111

thousand taka to pay the medical expenses. At around 1.30 in the night of December

21, 2011, Akhi's brother-in-law, Polash cal.led her family and said that Akhi was dead.

Akhi's family reached her in• laws house at around three in the night, where they

saw Akhi' s body lying on a bed. They saw that her left toe had been injured and

there were scratch marks on her body. Her in-laws had conflicting statements as to

what had happened to her. Post mortem report states that she had died of

suffocation. Ashim Shutrodhar is, according to police, absconding139.

Statistics of Dowry from 2001-2013140:

Year

s

(s)

Victim Women

(Bride)Sub

Total

Victim Girls

(Under age

bride)

Sub

Tot

al

Total Victim Female Victim women's

Children

Tot

al

Victim

's

Relati

Grand

TotalGender Wo

me

n

Sub

Tota

l

M

e

n

Sub

Tota

l

To

ta

lKill

ed

Physi

cally

abuse

d

Suic

ide

Kil

led

Phys

ical

ly

abus

ed

Sui

cid

e

Tota

l

Kill

ed

Tota

l

Phys

ical

ly

Tot

al

Sui

cid

e

Grand

Total

Ki

ll

ed

Phy

sic

all

y

abu

Sui

cid

e

Fem

ale

Mal

e

Kil

led

Phy

sic

all

y

abu

Sui

cid

e

Ki

ll

ed

Phys

ical

ly

abus

ed

Suic

ide

2013

(Jan-

Augus

t)

106 208 7 321 4 0 2 6 110 208 9 327 1 1 0 2 0 2 1 0 1 2 1 2 0 3 5 33

4

201

2

271 533 14 818 2 2 0 4 271 533 1

4

822 3 2 0 3 2 5 0 0 0 0 1 1

0

0 1

1

1

1

83

8201

1

304 192 19 515 1 0 0 1 305 192 1

9

516 6 4 0 7 3 1

0

0 0 0 0 3 0 0 3 3 52

9201

0

234 119 22 375 1 3 0 4 235 122 2

2

379 8 0 0 3 5 8 0 0 0 0 0 2 1 3 3 39

0200

9

224 81 11 316 3 0 0 3 227 8

1

1

1

319 1 0 0 1 0 1 0 0 0 0 4 0 0 4 4 32

4200

8

187 70 10 267 1 1 0 2 188 7

1

1

0

269 1 0 0 1 0 1 0 1 0 1 1 1 0 2 3 27

3

139 Odhikar fact finding report December 2011. For more fact finding reports covering the projectperiod, see annexures.140 Statistics_Dowry_2001-2013 by Odhikar

112

200

7

137 45 13 195 1 1 0 2 138 4

7

1

3

198 0 1 0 1 0 1 0 0 0 0 0 0 0 0 0 19

8200

6

243 64 8 315 0 0 0 0 243 6

4

8 315 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 31

5200

5

227 123 19 369 0 0 0 0 227 123 1

9

369 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 36

9200

4

166 78 11 255 0 0 0 0 166 7

8

1

1

255 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 25

5200

3

261 85 23 369 0 0 0 0 261 8

5

2

3

369 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 36

9200

2

191 90 28 309 0 0 0 0 191 9

0

2

8

309 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 30

9200

1

123 31 3 157 0 0 0 0 123 3

1

3 157 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 15

7Tota

l

2674 1719 188 458

1

1

3

7 2 2

2

2685 1725 190 4604 2

0

8 0 1

8

1

0

2

8

1 1 1 3 1

0

1

5

1 2

6

2

9

4660

Acid ViolenceWhat makes a man so vindictive that he must throw acid on

a person in order to seek revenge? Are there any socio-cultural

factors that affect the male members of society to such an

extreme that acid violence is the only way in which to resolve a

dispute? Why is it that in a group of friends, only one will

think about throwing acid? If we look at the tool used, we see

that it is comparatively cheaper than a knife or a gun, it can

be thrown from a distance - avoiding proximity and giving the

perpetrator time to flee the scene - and the result is painfully

permanent. The perpetrators are mainly unemployed youth - some who

enjoy impunity under the patronage of local politicians. If such a

youth was rejected by a young woman, that might be construed as aninsult to his masculinity and that is when acid may seem to be the

most effective means to make the girl remember her 'mistake'. The

concept of women as chattel or objects is, sadly still regarded in

the patriarchal society of Bangladesh. The fact that the perpetratorhas the time to buy the acid and lay a plan on how to administer it,

shows the cold-blooded nature of the crime.

113

On the evening of 9 July 2011, at around 7.30pm Liton, the son of Kader Ali and

Khadeja Begum of Chadkathi village of police line area of Satkhira threw acid on and

burnt the face, neck and breast of his wife Moshammot Monzila Khatun Shathi (20),

the daughter of Yonus Ali and Moshammot Rokeya Khatun of ltgacha. Hearing Monzila

Khatun scream, local people rushed to the spot and rescued her and poured water on

her injury and got her immediately admitted to the Satkhira Sodor Hospital. In

hospital, Monzila was given emergency treatment for 5 days. Treatment for acid victims

is not advanced in Satkhira which is why she was transferred to the Acid Survivors

Foundation in Dhaka. After getting treatment for 12 days, she is staying in her father's

residence at ltagacha. Monzila' s mother as a complainant filed a case against Liton

in Satkhira Police Station. Case is numbered-42, dated: 10/07/2011 under section

5(Kha) of the Acid Control Act 2002. The case is under investigation under SI,

Mahbubur Rahman of Satkhira Sadar Police Station. Liton has not yet been arrested,

though it is known that he is staying in his house. Liton used to harass and physically

assault his wife over dowry demands141.

The President of the Peoples' Republic of Bangladesh approved the Acid

Control Act, 2002 and the Acid Crime Control Act. 2002 on 17 March

2002. The laws were promulgated to meet the demands that acid crimes

be controlled and perpetrators receive swift punishment and that

legal checks and balances to prevent their easy accessibility guard

the trade in acid and other corrosive substances. According to theAcid Crime Control Act, this law aims to rigorously control acid

crimes. It houses stringent punishments ranging from the death

sentence to life imprisonment, to between fifteen to three years and a

hefty fine. Interestingly enough, the Act provides that if the AcidCrime Control Tribunal feels that the investigating officer has lapsed

in his duty in order to 'save someone from the liability of the

141 Odhikar fact finding report.

114

crime and did not collect or examine usable evidence' or avoided an

important witness, etc., the former can report to the superior of the

investigating officer of the latter's negligence and may also take

legal action against him.Fatema Begum told Odhikar that her husband Nuruzzaman is a rickshaw-puller in

Dhaka. He comes home every 15 days. Due to this. her neighbour Ansar Ali used to

harass her with indecent proposals. On 26th May 2012 when her husband Sheikh

Nuruzzaman came home, she informed him about Ansar Ali's indecent proposals.

Her husband and Ansar Ali got into an argument As a result, Ansar Ali threatened

that he would shut Fatema's mouth for good. After that on 28th May 2012, her

husband went back to Dhaka. On 29th May 2012. at around midnight, she took her

son Milon Sheikh (12) to the bathroom beside her house. She was waiting for her son

outside the bathroom when Ansar Ali and another person. threw a liquid at her and

ran away. She believes they may have used a syringe to do so. The liquid caused the

left side of her neck and chest to burn in pain. She began screaming and fell to the

ground writhing in pain. People living nearby came and put water on her wounds. On

29th May 2012 at around l0 am she got admitted to Kaligonj Upazila Health

Complex for treatment After being treated there for one day, on 30th May 2012, she

was admitted to Khulna Medical Hospital for better treatment142.

The Acid Control Act has been introduced to control the "import,

production, transportation, hoarding, sale and use of acid and to

provide treatment for acid victims, rehabilitate them and provide

legal assistance". The National Acid Control Council has been set up

under this act, with the Minister for Home Affairs as its

Chairperson. Under this Council, District• wise Committees have been

formed albeit, only in six or seven Districts to date. Members of

the Council include the Minister for Women and Children Affairs,

142 Ibid

115

Secretaries from the Ministries of Commerce, Industry, Home Affairs,

Health, Women and Children Affairs, and representatives from civil

society as specifically mentioned in the law. This allows for a

broad spectrum of representation. More importantly, according

to this law, businesses dealing with acid need a license to do

so, and the government has arranged for a Fund to provide

treatment to victims of the violence and to rehabilitate them,

as well as to create public awareness about the bad effects of

the misuse of acid.Incidents of Acid Violence143

No. of Women No. of Girl

Child (below

18)

Total

2010 84 16 100

2011 57 10 67July 2011-

June 2012

55 16 71

Jan-June

201228 06 34

Despite the Acid Laws of 2002 why is it still so easy to procure

acid and sell it openly without a license? There are several

reasons for this and for why the law is not being implemented

properly. There is yet to be a modernised Investigation

Department with trained investigators and forensic experts in

the police force and overburdened police are unable to carry

143 Table taken from data in the Annual Human Rights Reports 2010 and 2011, Odhikar. www.odhikar.org. The table is not an exhaustive representation, as much of the violence goes unreported.

116

out their investigation duties properly. This may result in

hurriedly written reports and inefficient investigation.

Furthermore, there is no follow-up done as to whether businesses

are procuring licenses for the sale and trade of acid.

Furthermore, doctors are not always able to identify acid burns,

due to lack of training; and medical certificates are not

clear and sometimes vital information is not noted down, thus

weakening the evidence. Furthermore, many doctors are reluctant

to come to court to give evidence. Lack of sufficient judges

and judicial officers in the lower courts causes delay in

hearings and cases are either not heard on time or remain

pending. Here too there have been complaints from the families of

victims that police, prosecutors and sometimes judges have been

'influenced' by the perpetrator or a local political leader not

to pursue the matter. Unfortunately, the victims of acid

violence are not always women. Odhikar has observed that acid is

being used as a weapon of choice over issues of property and

land disputes. As a result, men are also falling victim to thiscrime.

A dispute had been running for many days between Mohammad Alauddin, resident of

Songbolla Poschim Para at Kalihati upazila of Tangail district and his own paternal

uncle, Rohomot Ullah (48) over the demarcation of a boundary line in the house

where both Mohammad Alauddin and his paternal uncle Rohomot Ullah lived. On

August 24, 2011 at around 6.45 in the evening Mohammad Alauddin and his wife

Sohana (28), daughters Dristti (8) and Tanas (2 months), father A. Salam (60) and

mother Aleya Begum (55) were eating ittar32. Rohomot Ullah threw a bowl of acid

at them. Alauddin' s father's face, eyes and chest; Sohana' s face and breast; Tanas's

117

and Dristti's chest and back, Aleya Begum's face and Mohammad Alauddin' s upper right

elbow and back were burnt. Hearing the screams, neighbours came and poured water

on them. Then, they were taken to the Tangail General Hospital where they were

given primary treatment there. Later, they were admitted to the burn unit of the

Dhaka Medical College Hospital.

Statistics of Acid violence from 2003-2013144:

Acid Violence 2003-August '2013Month (s) Adult

Women

Adult Men Girl Boy Children Grand

Total2013 (Jan- 22 4 3 2 312012 58 17 20 10 1052011 57 25 10 9 1012010 84 32 16 5 1372009 64 20 13 4 1012008 73 34 15 11 1332007 96 42 - - 23 1612006 105 36 - - 20 1612005 104 55 - - 37 1962004 191 65 - - 51 3072003 181 95 - - 61 337Tota

l

103

5

425 77 41 192 1770

RapeThe crime of rape is punished under the Suppression of

Repression against Women and Children Act, 2000 (amended in

2003). Despite the fact that the maximum punishment for this

144 Statistics_Acid_2003-2013 by Odhikar

118

offence is the death sentence145, this has never deterred

perpetrators and the level of incidents remain high. As women in

Bangladesh, as well as all over south Asia, have a lower

status in society than men it makes them more vulnerable to

sexual crimes as men view them not only as sex objects but

also as non-entities. The problem is compounded by the fact

that in Bangladesh, their families often reject raped women, as

it is seen as a 'shameful act' - not to be spoken of. In courts

the reputation of the victim is attacked, if it is revealed

that she was raped or molested. This makes rape victims even

more reluctant to complain against their assailant, which in

turn encourages more rape.

In Bangladesh, as in the rest of the world, rape is not only a

crime but an act of dominance, of 'superiority'. It is also an

act of depravity. Of the five incidents of rape investigated

during the programme period, two of the victims were below the

age of 10 and two were below the age of 18. What are the main

reasons for the perpetration of the crime of rape in Bangladesh?

Fact finding by Odhikar, and comments and statements that were

shared during discussions and meetings organised by Odhikar with

women human rights defenders, local lawyers have identified

several reasons why rape happens - rejection and revenge, lust

and loss of control. In all the incidents investigated by

Odhikar, the victim knew the perpetrator. This is very common

in rape incidents in Bangladesh - and gives rise to the

145 Section 9 of the Suppression of Repression against Women and Children Act, 2000 (Amended in 2003).

119

question that if the rapist is identified, then why is he not

arrested or punished? Some of the common reasons are that the

family of the victim is either threatened or paid not to file a

case; or they are too ashamed to do so; or a local, informal

village arbitration (called a salish) passes judgment and

punishes the victim and the perpetrator and the matter

'resolved'146.

On October 15, 2011, 17 year old Nilima Das of Satkhira, received an 'urgent'

phone call from Salauddin Gazi, Constable of Debhata Police Station. When she

met him; he confined her in the Shapla Hotel in Satkhira Sadar for eight hours,

where he raped her repeatedly, with the help of an accomplice, Azharul Islam,

owner of the hotel. Two years ago Salauddin Gazi rented a house next to Nilima's.

Thus, they knew each other and Nilima called Salauddin 'uncle'. Nilima began to

bleed profusely and was left all night in the hotel. The next day, Salauddin Gazi

took her to the Sadar Hospital in a van and left her there. Nilima phoned her

mother, who came and admitted her to the hospital. During the fact finding

Odhikar observed that, some influential people were trying very hard to save the

police constable. They were trying to convince the victim and her family and even

threatened them not to give a statement in the Court. Because Nilima's family

protested the rape, her mother could no longer find work as a domestic maid and

her father, a barber, no longer left the house. Friends and family of Salauddin were

defaming her daughter and people have advised her to settle out of court. Later, when the

146 The village salish is notorious for passing illegal 'fatwa' that punished the victimmore than the perpetrator. Women have been beaten, stoned, set on fire, whipped and somehave ultimately committed suicide in shame. Accusations against the parties include illicitsex, extra marital affairs and in some cases, 'allowing' or encouraging the events that ledup to the rape. March 2011, 14 year old Hena Akhtar of Shariatpur was whipped after she wasraped by her 40 year old cousin. The salish accused her of adultery and ordered the 101lashes. She died in hospital. For more information seehttp://www.guardian.co.uklworld/2011/feb/04/bangladeshi-girl-whipping•fatwa,http://www.siasat.com/english/news/500-women-fatwa-victims• bangladesh-past-10-years.

120

fact finding team of Odhikar went back to talk with Nilima' s mother she said that

the accused rapist, Salauddin had given them Tk.1, 50, 000 as compensation and

that was the end of the matter147.

When a potential rapist has his marriage or love proposal

rejected by a woman or young girl, or her family, he seeks

revenge by raping and thereby 'ruining' her. This is seen as not

only destroying her chances of getting married (or the cause of

her divorce or abandonment), but also shaming her family and herfather or husband.

Incidents of Rape Violence148

No. of Women No. of Girl

Child (below

18)

Total

2010 248 311 559

2011 246 450 696July 2011-

June 2012

290 511 801

Jan-June

2012158 271 429

Odhlkar documentation and compiled statistics show that there is

no decline in the numbers of reported incidents of rape - and

that a majority of the victims are young women below the age of

18 - legally children. In 2011, of a total of 696 recorded147 Odhikar fact fmding report.148 Table taken from data in the Annual Human Rights Reports 2010 and 2011, Odhikar. www.odhikar.org. The table is not an exhaustive representation, as much of the violence goes unreported.

121

incidents of rape, almost 65% of the victims were below the age

of 18.

During fact-finding of rape incidents, the victims and their

families have often refused to go into details with Odhikar, and

have even begged the investigators not to publish the incident.

There have been several reasons behind their pleas - they have

been compensated by the perpetrator; they have been threatened

not to talk about the incident; the perpetrator is under the

patronage of a locally influential person, whom they fear; or

they fear social ostracisation. In such cases, Odhikar only

learns of the incident after the victim or a family member

discloses it to a local human rights defender, who in tum,

informs the organisation.

Statistics of Rape from 2001-2013149:Rape

2001-2013Year

s

To

ta

l

nu

mb

Tot

al

num

ber

of

Tota

l

numb

er

of

To

ta

l

vi

ct

Gang Rape Killed after being

Rape

Committed suicide

after being RapeWo

me

n

Chi

ldr

en

Unid

enti

fied

Wo

me

n

Chi

ldr

en

Uni

den

tif

Tot

al

Wo

me

n

Chi

ldr

en

Un

id

en

Tot

al

149 Statistics_Rape_2001-2013 by Odhikar

122

er

of

wo

me

n

vi

ct

im

s

chi

ldr

en

vic

tim

s

unid

enti

fied

aged

vict

ims

im

s

Aged ied

Age

d

ti

fi

ed

Age

d

2013

( Ja

n-

Augu

st)

28

1

367 13 66

1

10

1

79 8 21 27 1 49 2 3 0 5

2012 29

9

473 33 80

5

10

1

84 12 31 39 5 75 0 10 0 10

2011 24

6

450 15 71

1

11

9

115 5 54 34 2 90 4 9 0 13

2010 24

8

311 0 55

9

11

9

95 0 61 30 0 91 2 5 0 7

2009 21

3

243 0 45

6

97 79 0 64 33 0 97 4 4 0 8

2008 20

2

252 0 45

4

11

0

70 0 68 30 0 98 5 4 0 9

2007 21

3

246 0 45

9

11

9

72 0 56 23 0 79 1 0 0 1

2006 41

2

227 0 63

9

126 126 13 13

2005 58

8

319 0 90

7

126 126 14 14

2004 56

9

327 0 89

6

117 117 13 13

2003 84

2

494 0 13

36

142 142 17 17

2002 74 602 0 13 114 114 12 12

123

8 502001 48

4

138 0 62

2Tota

l

53

45

444

9

61 98

55

120

4

122

Chapter-09Definition of Empowerment of women

Empowerment is then the process of obtaining these basic

opportunities for marginalized people, either directly by those

people, or through the help of non-marginalized others who share

their own access to these opportunities. It also includes

actively thwarting attempts to deny those opportunities.

Empowerment also includes encouraging, and developing the skills

for, self-sufficiency, with a focus on eliminating the future

need for charity or welfare in the individuals of the group. This

process can be difficult to start and to implement effectively.

Empowerment of women is such a process which controlling women

rights, challenges gender disparity in parental and social

institutions.

 Socio economic Condition: The socio-economic condition refers to

the social dignity, educational qualifications, family marriage

system, mother, social value, occupation salary, wealth etc.

Empowerment of Women in Bangladesh

124

Bangladesh has successfully managed to slow down the gap,

which existed between the males and females in the society, from

widening since the 1990s. As far as the empowerment of women is

concerned, their economic and social status has shown a rather

promising development but, other domains are yet to shift their

standings from being an adversary to being an ally. Thus, the

position of women in Bangladesh still somewhat remains to be at

the beginner’s stage.

In the gender gap ranking 2009, Bangladesh stood at a rank of 93,

outshining every other Muslim country other than Indonesia. This

was a remarkable achievement because it meant that, in comparison

to the women of the neighboring nations, Bangladeshi women have

managed to break free of the gender gap phenomenon. Empowerment

of women is dependent on certain factors:

Mobility: Today, Bangladeshi women have the benefit of

enjoying a freedom where they can go out of their own houses

to places like fairs, markets without anybody accompanying

them for security.

Financial wellbeing: This point observes whether the women

themselves posses any assets whose proprietorship lies only

with them. In rural Bangladesh, three out of every five

women have cows, goats or chickens to their names. These are

assets known to generate income through the means of milk,

eggs or meat.

 

125

Equal participation in family decisions: Previously, women

were not given enough respect to consider their opinions in

the matters of family. Today, the scenario is such that

women have gained the rights of deciding when to get their

daughters married, or to which schools to send their

children to.

Knowledge about the law and political situation: At present,

the majority of women recognize their own rights. In rural

areas, six out of every ten women know who is ruling their

country and, fortunately, these women show a great

understanding regarding certain laws which can help women

fight against any injustice!

Liberty from being controlled over: Previously, women were

subjected to the loss of their personal assets such as

money, land; jewelries or farm animals like cows and

chickens because they had to hand it over to their fathers,

brothers or husbands. Today, women are more aware of

refraining from such activities. They have finally learned

to embrace their rights and self-dependency.

As per the United Nations, in 2009, Bangladesh stood at the third

place amongst all the South-Asian countries on the gender related

development index (GDI) records which basically compare the

difference in achievements earned by men and women but, then

again, the country stands first amongst all if the income level

with its human development records is considered.

126

It is also heartening to know, that after China and Nepal,

Bangladesh is the only country, surpassing India, Pakistan and

Afghanistan, with the highest number of women taking part in the

‘labor force.’ Besides, statistics also reveal that a Bangladeshi

woman, on average, earns about 55-60% of what a man earns yearly.

Even in this regard, the country is closing the gap between it

and China, Sri Lanka and Vietnam.

Empowerment of women, in Bangladesh, is visible in many areas

but, then again, there are certain sections where the status is

still far from being promising. Improvement shall definitely come

through   creating more awareness in women- through showing

documentaries on television; through performing plays in

villages. It is time that women recognized their own worth!150

Steps in women empowermentBangladesh government is taking different kinds of steps to

empower the women. Such as- quota system, including women in

local government by ratio system, scholarship system in education

for women. In parliament 45 reserved seats are for women members,

in primary sector 60% women are recruited as teacher.

In garment sector many women are working and being solvent. By

micro-credit system many women are bringing economical solvency

in their family. BRDB besides Grameen Bank, Proshika, Asha etc,

non-government organizations are playing role in the development

150 See more- http://amaderkotha.com.bd/2012/09/15/empowerment-of-women-in-bangladesh/

127

of women from rural area. In this way these institutions helps in

women empowerment in Bangladesh.

The empowerment of muslim womenThe Mahr/Dower is something that is paid by the husband to

his wife. It is paid to the wife only as an honour and respect

and to show that he has a serious desire to marry her and is not

simply entering into the marriage contract without any sense of

responsibility and obligation or effort on his part. It is also a

provision for her rainy days and socially it became a check on

the capricious exercise by the husband of his unlimited power of

divorce. Dowry is a new phenomenon for the Muslim communities in

Bangladesh, with enlarged effects after independence. For the

Hindu community also, its impact was not so widespread before

liberation.

Some authors in Bangladesh are claiming that dowry has become an

essential criterion for marriage in every community and is near

universal in Bangladeshi society. The simple gesture of jamai

ador or special affection shown to the bridegroom has been

transformed to the shape of daabi or demand by the bridegrooms.

Even poor men are taking this chance of exploiting the bride’s

family to improve their fate from poverty and unemployment. This

is making marriage a commercial transaction, giving more value to

property and money than the bride herself.

Women’s Economic Empowerment

128

By providing women with the opportunity to establish them

financially, Dr. Yunus and the Grameen Bank allowed half of the

population that was once ignored to become stakeholders in the

economy of their country. Internationally, women appear to form

the largest of the poor and vulnerable group (Nessa, Ali and

Abdul-Hakim, 2012) mostly because they are frequently

granted fewer rights and privileges than their male

counterparts. Women have less access to paid labor and are paid

less than men in Bangladesh despite findings that women “tend to

work harder than men and thus increase their paid and unpaid

labour in case of crises and to maintain households.”1 5 1

Culturally, in Asian societies, women are “specialised in unpaid

activities such as reproductive and care provision compared to

men’s tendency to specialize their labour in productive

activities.”152

Entire cultures and societies place women firmly into the roles

of child barer and domestic house wife, allowing little to no

room for women to create their own voices outside of those of

their husbands, fathers, or other male relatives. Women and

children begin to appear in the work force during tough times

and their labor is “used as the principal coping mechanism in

response to economic crises.”153 Microcredit allows women to

break out of this mold because it offers opportunities for151 Habib, Mohshin and Christine Jubb (2012). Role of Microfinance in Political Empowerment of Women: Bangladesh Experience. OIDA International Journal of Sustainable Development, Vol. 5, No. 5, p. 100.152 Ibid153 Ibid

129

women to start their own businesses, which allows for

unprecedented decision- making opportunities for women who have

always been subject to the authority of their husbands or the

authority of societal pressures.

Despite efforts to bring about change that are occurring

every day, women are globally oppressed, especially in the

nonwestern world, and are therefore limited in a variety of

ways. This oppression is a main reason why microcredit programs

are targeted to women in particular, because women are “more

likely than men to be credit constrained, have restricted access

to the wage labor market, and have an inequitable share of power

in household decision making.”

Studies by Pitt, Khandker and Cartwright (1996, p. 791) prove

the importance of specific gender participation in microcredit

loans with the “flow of consumption expenditure [that increases

by] 18 taka for every 100 taka borrowed by women, but only 11

taka for every 100 taka borrowed by men.” Pitt, Khandker and

Cartwright take this as proof that women are receiving bigger

returns on the money that they place into the economy.

Regardless, women continue to earn less from the labor market

than their male counter parts. The addition of women into the

workplace and the feminization of the labor force can actually

lead to further worsening of women’s position in labor

markets.154

154 Ibid

130

Though women continue to earn only fractions of what is earned

by men, those who are able to financial provide for and

support their families have a significantly higher sense

of empowerment despite the remaining inequalities between men and

women. Empirical evidence shows that “women who were engaged in

productive employment and contribute to family incomes are likely

to be ‘empowered’ regardless of their involvement in a credit

program.”155 Just having the opportunity to be a financial

contributor to their own household income allows women to gain

a sense of importance and empowerment.

Hashemi, Schuler and Riley (1996) state that women who begin to

contribute financially to their households do not have to

utilize microcredit to receive a sense of empowerment, however

microcredit loans are one way to make that financial

contribution and therefore gain empowerment. Nonetheless

conclusions drawn from the study show that “the credit programs

empower women while strengthening their economic roles and…

increasing their ability to support their families.”156

Microcredit loans are arguably the easiest path to financial

contribution for poor women who are largely excluded from the

work force and consequently they are the easiest paths to

empowerment.

155 Razzaque, Mohammad A. and Sayema H. Bidisha (2012). Does Microfinance Promote Women’sEmpowerment? An Empirical Investigation, Journal of Bangladesh Studies, Special Issue: Microfinance, p.13.156 Ibid

131

Economic benefits of women empowermentMost women across the globe rely on the informal work sector

for an income.157 If women were empowered to do more and be more,

the possibility for economic growth becomes apparent. Empowering

women in developing countries is essential to reduce global

poverty since women represent most of the world’s poor

population.158 Eliminating a significant part of a nation’s work

force on the sole basis of gender can have detrimental effects on

the economy of that nation.159 In addition, female participation

in counsels, groups, and businesses is seen to increase

efficiency.160 For a general idea on how an empowered women can

impact a situation monetarily, a study found that of fortune 500

companies, “those with more women board directors had

significantly higher financial returns, including 53 percent

higher returns on equity, 24 percent higher returns on sales and

67 percent higher returns on invested capital (OECD, 2008).”161

This study shows the impact women can have on the overall

economic benefits of a company. If implemented on a global scale,

the inclusion of women in the formal workforce (like a fortune

157 United Nations Research Institute for Social Development. 2010. Combating Poverty andInequality: Structural Change, Social Policy and Politics. Geneva: UNRISD “Gender Inequalities atHome and in the Market.” Chapter 4, pp. 5–33158 (2012, ). Intel . Women and the Web. Retrievedfromhttp://www.intel.com/content/dam/www/public/us/en/documents/pdf/women-and-theweb.pdf159 UNICEF. 2007. “Equality in Employment,” in The State of the World’s Children. New York: UnitedNations Children’s Fund.160 Argawal,uijh Bina. 2010. “Gender and Green Governance: The Political Economy of Women’sPresence Within and Beyond Community Forestry.” New York, NY: Oxford University Press161 World Survey on the Role of Women In Development. 2009. Women’s Control over EconomicResources and Access to Financial Resources, including Microfinance. New York: United Nations.

132

500 company) can increase the economic output of a nation.

Therefore, women can also help businesses grow and economies

prosper if they have, and if they are able to use, the right

knowledge and skills in their employment.

Women’s Empowerment in Social TermsThough microcredit obviously first impacts the financial

wellness of an individual, the ripples stretch far past

economics as has already been discussed in some detail. Women of

South Asia continuously face existing gender specific

vulnerability to poverty that is directly linked to the

constraining impact of violence and insecurity.162 Women can

barely begin to think of financial growth when they are

surrounded by violence and lack security in their own homes and

communities.

The women of Bangladesh have been fighting for equal rights since

the country gained its independence in 1971. They have been

fighting to end the violence and its oppression in order to take

larger steps towards gender equality. Now, 42 years later, the

women of Bangladesh have won many battles, among them access to

education, jobs and increased political empowerment. Meanwhile

other battles have yet to be won, as the still high (though

reduced) cases of domestic violence show.

Many scholars have conducted research surrounding the

nonfinancial effects of microcredit on the lives of women

162 Habib and Jubb (2012).

133

borrowers. One such scholar, Basher (2007) provides evidence

that participation in groups like the five person support system

required by the Grameen Bank help “women get acquainted with the

existing information and communication system” consequently

aiding “them to take part in non-economic activities as well.”163

In this way, the renewed sense of importance and independence

that results from empowerment through microcredit has been

proven to help women advance themselves in both economic and

noneconomic ways.

The non-economic effect that we will focus on for the purpose of

this paper is contraceptive use and fertility rate. Various

studies have shown a decrease in fertility rate and an increase

in contraceptive use since the establishment of microcredit

organizations in rural Bangladesh. One of the most convincing

evidence comes from a project in rural Bangladesh, where the

overall fertility rate of women aged 15-49 dropped from 4.61

children in 1992 to 3.66 children in 1997, while the use of

contraceptives amongst the same group increased from 28.0

percent in 1992 to

53.0 percent in 1997.164 Table 1 below shows further details.

Table 1: Total Fertility Rate and Contraceptive Use, 1992-1997

Base-line survey of After survey of 163 Razzaque and Bidisha (2012), p. 13.164 Amin et al. (2001), 1992 refers to data before the survey, and 1997 refers to after survey of Kapasia Project’s experimental and control areas.

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Variables

Current

contracepti

28.1 35.0 18.3 28.

0

40.2 59.5 53.7 53.0

The project, which combined microcredit loans with family

planning education, demonstrates how microcredit can be used to

empower women in ways that extend past financial stability.

Microcredit provides an important link that is missing from

typical family planning education, the feeling that women

actually have the right and ability to make decisions for

themselves and take control of their own bodies and families. By

allowing women to take out their own microcredit loans and

create their own economic endeavors society is implying that

women can become decision makers. This implication lends

itself to many different aspects of women’s lives. Since women

know they are able to make financial decisions once they have

the resources to do so, they can also begin to make decisions

regarding the size, education, and health of their family once

they receive the resources to and know how.

Education and Women EmpowermentThe Millennium Development Goals (MDG’s) are coming to an

end in 2015.  With the deadline fast approaching, countries are

135

taking stock of their achievements to-date and working hard to

ensure the next set of goals reflect core requirements of

sustainability and equity. Inclusive and equitable growth165

cannot happen without taking into consideration the role of

women- half of the world’s population- who are also economically

and socially most vulnerable. It is crucial that the post-

Millennium Development Goals, beyond 2015166 include, as a core

component, women’s empowerment and gender equality.167

Bangladesh is an interesting country-case where major milestones

have been achieved in women’s empowerment and gender equality,

particularly in achieving parity in primary education. Yet, much

remains to be done. For instance, over 60% of all women continue

to face at least one form of violence during their lifespan. By

looking at the country specifics, we are able to critically

question how representative the MDGs are of the ground realities

facing women in developing countries, and Bangladesh in

particular. Why is it that Bangladesh has done well on gender-

specific targets but the gender aggregates still show poorly? 

The complexities that plague gender parity in Bangladesh

exemplify the global challenge as well: the discussion on how to

ensure the SDGs effectively address gender needs to start right

now.

165 Equitable growth that takes into account of inclusiveness, is a concept that encompassesequity, equality of opportunity, and protection in market and employment transitions (GrowthReport, Commission on Growth and Development, 2008)166 the “Sustainable Development Goals” or SDG’s167 This article draws from paper presented by Kwak, S. and Siddiqui, S. Beyond 2015: MDGs, Gender andEducation in Bangladesh, International Conference on Gender Equity in Education: Challenging Issuesand New Vision, Seoul University, June 2012

136

The Bangladesh CaseBangladesh has always had a history of women’s emancipation

since the days of Begum Rokeya to women’s active role in the war

of independence and through today’s Shahbagh movement.  Strong

administrative and legal structures,168 coupled with an active

civil society have been the foundation for women’s movements,

for the establishment of rights and the delivery of pro-women

services. The country was also one of the earlier signatories of

the Convention of Elimination of All Forms of Discrimination

Against Women (CEDAW).169

Na

tionally, the Government of Bangladesh took up the ‘education168 Strong formal structures do not necessarily mean strong government – Bangladesh has stronginstitutions but weak government system169 Bangladesh became a signatory to the Convention for the Elimination of All Forms ofDiscrimination Against Women (CEDAW) in 1984.

137

for all’ campaign with a strong focus on girl children’s

education.  The stipend programmes for girl children at first in

the primary level and then for secondary and higher secondary

levels are considered a global best practice that achieved

dramatic results in gender parity of education.170

Also important, over the past four decades, the government has

implemented targeted social safety net programmes with strong

focus on vulnerable women and their families (Morshed, 2009). 

The conditional cash transfers ensured girls’ education

especially through specific interventions such as food for work

in the Vulnerable Group Development (VGD) programme.171

One of the major milestones in Bangladesh’s history in women’s

empowerment was the enactment of the Local Government (Union

Parishad) Second Amendment Act in 1997 that provided for direct

elections to reserved seats for women in local level elections.

The 6th Five Year Plan (2011-2015) of Bangladesh which is the

national medium term development plan committed to transforming

Bangladesh into a middle-income country by 2021, considers

women’s engagement in political and economic activities as a

cross-cutting issue with women’s empowerment as one of the main

drivers of transformation (SFYP 2011-2015).  The 6th Five Year

Plan coincides with the ending of the MDGs which provides the

basis for stock taking on the country’s situation so far.

170 Chitrakar, R., Overcoming Barriers to Girls’ Education in South Asia: Deepening the Analysis,UNICEF 2009171 http://home.wfp.org/stellent/groups/public/documents/liaison_offices/wfp190321.pdf (30 May,2012)

138

Looking at the SFYP on Bangladesh specific situation with the

MDGs, the table shows that Bangladesh has achieved gender parity

in primary education (Goal 2, Target 1 and Goal 3, Target 1) yet

it continues to experience a sharp drop in the number of women

entering tertiary education (Goal 3, Target 3.1c).  Women’s

employment in non-agricultural sector is currently around 25%

whereas the target is 50%.  In another instance, while

Bangladesh had done remarkably well in reducing maternal

mortality rate by 40% in the last nine years (Maternal Mortality

Rate/MMR -194 in 100,000 live births) and is on track for the

MDGs of a 75% reduction from 1990-2015, only 24% of all births

are attended by skilled health professionals.172 It will be

harder to bring down the figure further, without a more

comprehensive approach to the problem of maternal mortality. The

Gender Inequality Index is also reflective of these continuing

challenges which ranked Bangladesh 112 out of 146 in 2011 index

in the Human Development Report 2011.173

Based on the indicators, it is important to further explore why

Bangladesh, an early achiever and doing very well on certain

gender empowerment targets, is now moving at slower pace in

critical growth triggering targets such as labour market

participation and women’s education in tertiary sector.  Why is

it that with strong pro-women laws and policies, a comparatively

172 MDG Progress Report, 2011173 Explanatory Note on 2011 HDR Composite Indices: Human Development Report 2011 – Sustainability and Equity: A Better Future For All – Country: Bangladesh.http://hdrstats.undp.org/images/explanations/BGD.pdf

139

small portion of Bangladeshi women is joining local/national

politics?

Educate a woman, educate a nationLooking at the snapshot of the various South Asian

countries and their gender-parity achievements, Bangladesh has

done significantly better in comparison to its neighbours.

Bangladesh was the first country in South Asia to achieve

gender-parity in primary education. Achieving this milestone is

a result of effective public policy, resource allocation and

strong commitment from public and non-government sectors.

Yet, education has not been the ‘magic bullet’ we have long

depended on to create a level playing field for women in the

developing world.  As we see in the case of Bangladesh, social

stigmas, gender-based violence and institutional barriers to

entering higher education institutions and labour market

constraints are holding women back from continuing with their

education.

Through our various programmatic interventions as well as

established literature, we hear accounts of “just enough”

education for girls needed for the marriage market. Girls can be

pulled out of school by secondary education for the fear of

being “too educated” for prospective grooms (Amin and Huq,

2008). Sexual harassments of girl children on their way to

school or at school are serious barriers to access to

education.  In recent times, the alarming number of suicides

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committed by young girls shook the nation, questioning the

safety and security of girls attending school and colleges.

Once in school, girl children are seen to miss out on school

days because of lack of adequate toilet facilities. Very few

activities are available to girl children in schools. Several

NGOs are setting up youth clubs, creating spaces for especially

for adolescent girls to take part in extra-curricular activities

but these are located in specific target areas and not available

to the full youth population of Bangladesh. In general, while

government and other stakeholders have done an excellent job in

getting girls to go to school, we have not created women/girl

friendly schools and communities that would encourage and retain

girls in school.

With the sharp decline in girls in secondary and tertiary

education, we see a significant gap in the work force when

comparing men and women and their employment opportunities and

patterns.  While the country is heavily dependent on women’s

participation in the ready-made garments (RMG) sector and

majority of the micro-financing is going to women, the range of

occupations available to women remains limited and gender

stereotyped. The majority of urban poor women are engaged in the

informal sector without basic healthcare or even earning minimum

wage.  Rural women continue to support their families in agro-

and/or non-agro productions that are usually deemed “fitting” by

their spouses and families.  The next set of international goals

therefore, would need to take into account of the non-economic

141

factors that determine girl children’s access to education and

women’s (limited) choices in the workforce.

Saving every motherThe number of trained birth attendees and access to health

facilities has increased significantly in Bangladesh with major

reductions in maternal mortality. But we know that much of this

achievement is because of non-medical interventions such as

programmes of awareness for adolescent and women’s health at the

grassroots. Access to better food and nutrients have also

contributed to the decrease in maternal and infant mortality.

But a vast majority of mothers in Bangladesh are in fact below

18 years of age.  Early marriage is intricately connected to

issues of safety and security for women and is still widely

practised in Bangladesh both in urban and rural areas.  Strict

laws forbid daughters to be married before the age of 18 but in

the absence of birth certificates, girls are married off as

early as 14-15 and become first-time mothers by the time they

are 16-17.  Many young women understand their bodies and

ailments for the first time through their pregnancies.  There is

very little space for women to share their health concerns with

either doctors or within their families which results in further

complications.  There is a social issue of ‘modesty’ on the part

of Bangladeshi women to talk to doctors, especially male

physicians.  There is a serious demand for female doctors

especially in the rural areas where women have little to no

access to healthcare.

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MDG 5- Improved Maternal Health- does take into consideration

the non-medical factors that determine the accessibility of

healthcare for women in the developing world but it falls short

by acting as a proxy for women’s access to healthcare in

general.  Not all medical problems that women face are

gynecological in nature.  Lower calorie and nutrient intakes of

girl children and women due to certain household norms and

practices lead to various health concerns that may or may not be

related to maternal health.  Healthcare and services for women

therefore must be looked at from a broader spectrum in the

coming years, where women are given the space to freely share

their health concerns and receive the proper care.  While

restricting any discussion on women’s health to maternal health

was important for a certain goal, in the post-MDG era, we must

be able to address health care for women in a more

comprehensive, well-being approach.

Women’s rights are human rightsAs mentioned earlier, women’s participation in local level

elections was perhaps one of the greatest milestones for

Bangladesh.  We find a new generation of women elected officials

who are now respected and seen as figures of authority in their

local areas. Experiences of various programmes and projects show

that level of corruption is generally lower in areas that have

female local representatives.  Many of the grassroots challenges

that women and children face are coming up in national

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conversations and policymaking process because of female

representatives at the Union and Upazila levels.

In the last general election, out of the 69 female members of

parliament (MPs), 50 were appointed through reserved seats and

19 directly elected, including the Prime Minister and Leader of

Opposition.  While it is imperative to ensure reserved seats for

women in the national parliament, female MPs have voiced their

concerns on the lack of election financing and overall party

support.174 We find similar stories of work place discrimination

from female officers, holding various posts in the government. 

The rising number of female officers in the public sector is

highly encouraging but lack of institutional support for their

career development leads to demotivation, early retirement and

delayed appointments to decision-making positions.

It is a general misconception that with the rise of women’s

representation in public offices, there will be women’s

empowerment for both the female representatives/officers and

citizens.  There is a clear need for more women in public

offices but without orientation on gender parity and the roles

and responsibilities of each and every representative and

officers at both local and national levels, women’s empowerment

will be difficult to achieve and sustain in the long run.

On the flip side, while it is imperative for female (and male)

representatives to know their roles and responsibilities as

public figures, it is equally important for women in Bangladesh

174 The Role of Female Members of Parliament in Ensure Good Governance, Key Note Paper,Transparency International Bangladesh, March 2009

144

to be well versed in their rights as citizens to demand

legitimate services from their political representatives. 

Bangladeshi women are avid participants at national voting but

often shy away from engaging in public and political debates,

allowing their husbands to represent their concerns.  In this

way, women remain separated from the public dialogues and the

policymaking process, resulting in gender blind national laws

and policies, and in many instances, is discriminatory against

women.

In short, women’s political participation is at the crux of

their rights as citizens and must be encouraged in the larger

governance process of the country.

Beyond MDGsGender equality is a fundamental human right. It is also

the most practical and effective means to move the country

forward, towards middle income status, towards inclusive and

sustainable development. There is much for the world to learn

from the experiences of Bangladesh.  The visible changes in

women’s political and economic participation throughout the

country are proof of government commitment and to people’s

aspiration to a more equitable society.  The grassroots efforts

have enriched not only the local development agenda, but

contribute to cultural achievements as well. At the crossroads

of a new global approach to development, we have the opportunity

145

to engender the goals we set, the targets we want to achieve,

the changes we want to experience for a more equitable and equal

world. I am looking forward to hearing a strong Bangladeshi

voice on these issues, in the global debate to define the post

2015 world we all aspire to.175

Education and EmploymentFor the most part, women remain in a subordinate position in

society, and the Government has not acted effectively to protect

their basic freedoms. Literacy rates are approximately 26 percent

for women, compared with 49 percent for men. In recent years,

female school enrollment has improved. Approximately 50 percent

of primary and secondary school students are female. Women often

are ignorant of their rights because of continued high illiteracy

rates and unequal educational opportunities, and strong social

stigmas and lack of economic means to obtain legal assistance

frequently keep women from seeking redress in the courts. Many

NGO’s operate programs to raise women’s awareness of their

rights, and to encourage and assist them in exercising those

rights.

Under the 1961 Muslim Family Ordinance, female heirs inherit less

than male relatives do, and wives have fewer divorce rights than

husbands. Men are permitted to have up to four wives, although

this right rarely is exercised. Laws provide some protection for

175 The Daily Star, 4 March, 2013, For See more,http://archive.thedailystar.net/beta2/news/womens-empowerment-in-bangladesh-looking-beyond-the-mdgs/

146

women against arbitrary divorce and the taking of additional

wives by husbands without the first wife’s consent, but the

protections generally apply only to registered marriages.

Marriages in rural areas often are not registered because of

ignorance of the law. Under the law, a Muslim husband is required

to pay his ex-wife alimony for only 3 months, but this rarely is

enforced.

Employment opportunities have been stronger for women than for

men in the last decade, which largely is due to the growth of the

export garment industry in Dhaka and Chittagong. Eighty percent

of the 1.4 million garment sector workers are women. Programs

extending micro-credit to large numbers of rural women also have

contributed to greater economic power for them. However, women

still fill only a small fraction of other wage-earning jobs.

According to a report by the Public Administration Reforms

Commission publicized in October, women hold only 12 percent of

government jobs, and only 2 percent of senior positions. The

Government’s policy to include more women in government jobs only

has had limited effect. In recent years, about 15 percent of all

recruits into government service have been women.

The garment and shrimp processing industries are the highest

employers of female laborers. Forty-three percent of women work

in the agriculture, fisheries, and livestock sectors, but 70

percent of them are unpaid family laborers. Many women work as

manual laborers on construction projects as well, and constitute

nearly 25 percent of all manufacturing workers. Women also are

147

found in the electronics, food processing, and beverage and

handicraft industries.

Development of women rights in Bangladesh through

Political EmpowermentBangladesh is a parliament democracy, with broad powers

exercised by the Prime Minister Sheikh Hasina, leader of the

Awami League, was Prime Minister until parliament’s term of

office expired in mid-July. A caretaker government was installed

in accordance with constitution procedures and overview the

national elections. Prime Minister Khalada Zia, the leader of the

Bangladesh National Party (BNP), came to power in election on

october1 deemed to be free and fair by international observer.

Political campaigns and the October election took place in a

climate of sporadic violence and isolated irregularities. All of

the major parties have frequently boycotted parliament while in

the opposition, claiming that they had little opportunity to

engage in real debate of legislation and national issues. The

higher level of the government; however, lower judicial officers

full under the executive, and are reluctant to challenge

government decisions. The law of our country can protect

corruption government officials from public scrutiny, hindering

the transparency and accountability of the government at all

levels.176

176 The official secrets Act of 1923

148

The Home affairs ministry controls the police and paramilitary

forces, which have primary responsibility for internal security.

Primarily due to the police’s accountability to the executive,

police often are reluctant to pursue investigations against

persons affiliated with the ruling party. The government

frequently uses the police for political purposes. There is

widespread police corruption and lack of discipline. Police

officers committed numerous serious human rights abuses and were

seldom disciplined, even for the most egregious actions.

Bangladesh is very poor country, occasionally beset by natural

disasters that further hamper development. Annual per capita

income among the population of approximately 19.2 million is

approximately $380; the economic growth rate during the last

fiscal year was approximately 6 percent. Slightly more than half

of all children are chronically malnourished. Approximately 65

percent of the work force is involved in agriculture, which

accounts for for one-fourth of the gross domestic product. The

economic is market based, but the government owns all utilities,

most transport companies, and many large manufacturing and

distribution firms. Small, wealthy elite controls much of the

private economy, but there is an emerging middle class. Foreign

investment has increased significantly in the gas sector and in

electrical power generation facilities.

Bangladesh’s estimated over 150 million inhabitants are 90

percent Muslim. The country has a secular legal system, though on

issues of inheritance and marriage, Muslims follow Sharia law.

149

“To bring changes to the narrow political culture, 33 percent

women’s representation must be ensured by any means,” said Ayesha

Khanam, president of the National Women’s Association, ”the

government will initiate a process to abolish all laws that

discriminate against women”

According to Sultana Kamal, a former adviser to the government

and now head of the Centre for Law and Arbitration, a legal aid

non-governmental organisation (NGO), the NWDP failed to mention

anything about the UN Convention on the Elimination of all Forms

of Discrimination Against Women, the uniform family code, or the

equal right of women to inherit property.Women in different

religions get different shares of properties – equal in some

religions and less in others. Our demand was to formulate a

uniform family code giving women equal rights. The issue was not

made clear in the policy.

Women Empowerment by PoliticsWomen have been more politically stable in the last two

decades. A quota has ensured women’s presence in the local

government and National Parliament. Among women politicians, the

older group entered politics through social work, while some

among them and the new generation of have emerged from student

politics. Despite many odds, statistics and analyses reveal a

slowly growing trend towards women’s political participation.

However, they face an ominous challenge. There has also been a

growing influence of money in Bangladesh politics, particularly

in electoral politics and in guarding/promoting spheres of

150

influence. This acts as a further constraint on women’s political

participation since fewer women have access to financial

resources. It is very difficult for women to work effectively in

this system unless such practices are eradicated.

Women Empowerment by Political PartiesParty affiliation depends on membership drives and on the

organizational and electoral needs of each party. The actual

number of women members in different political parties, however,

cannot be determined, since gender-specific records are not

maintained. Nevertheless, a slow trend towards women’s greater

participation has emerged over the decade. As party workers,

women render valuable contributions in the mobilization of

voters, especially among other women. Although there are only a

few women in leadership positions, their numbers have increased

over the last two decades. There is limited female involvement in

party hierarchical structures. However, women occupy the top

leadership positions in each of the two largest parties. They

became leaders during crisis periods and have been successful as

driving forces and unifying factors of their respective parties.

Significantly, neither of them inherited the mantle of leadership

when their party was in power. Once placed in the position of

leadership, they were able to generate their own dynamics and

momentum to lead their parties through difficult times.

Nevertheless, their close and inner circle of advisors mostly

consists of men. In occupying the role of a leader in public

151

life, they have perhaps contributed to liberalizing values in a

predominantly Muslim culture where traditionally men had

exclusive prerogative in politics. They played a crucial role

toward democratization and brought about a certain degree of

continuity into the political process. They have a strong

potential to be positive role models for women of all ages in

Bangladesh, provided they demonstrate a commitment to gender

equity by involving more women in their parties and in

government. The election manifestos and constitutions of

different political parties reveal that there is little emphasis

on gender equality in party platforms.

Women Empowerment by Electoral processAlthough women do not hold key positions during the

electoral process, they render significant contributions during

election campaigns by taking part in organizing public meetings,

processions, and rallies. Women leaders and party workers engage

in the task of mobilizing and canvassing voters, particularly

women, for their party candidates. By making special arrangements

such as separate election booths for women, and females presiding

as polling officers, the turnout rate of women voters has

increased. During the general elections of 1991 and 1996, and

local level elections in 1993 and 1997, the level of enthusiasm

among women to exercise their voting rights was very encouraging.

Because of the special arrangements and security measures taken

152

by the Government, there were few disturbances and the presence

of women in polling centers was significant. 

Women Empowerment by participation in Local GovernmentWomen were first elected to local bodies in 1973. The Union

Parishad Election of 1997 is a milestone in the history of

political empowerment of women in Bangladesh. The Government of

Bangladesh enacted a law for direct elections to reserve seats

for women in local level elections. In 1997 through an Act, the

Government reserved three seats for women in the union parishad

where women members are elected from each of the three respective

wards. Apart from the reserved seats women can also contest for

any of the general seats. Previously, the process of selection of

the women representatives was on the basis of nominations and/or

indirect election. Around 12,828 women were elected as members in

the 1997 local level elections. A total of 20 and 110 women were

elected as chairpersons and members, respectively, for general

seats.177 The Government has already issued different executive

orders to ensure women members’ participation in various

decision-making committees.

The majority of women representatives regularly attended parishad

meetings, but only a few of them participated in the

deliberations and decisions. The female representatives usually

involved themselves with mass education, family planning,

immunization, handicrafts, relief activity, and shalish

177 Daily Inqelab, 26 May, 1998

153

(mediation in the village court). The women representatives have

the potentials to become change agents for rural women and

various NGOs. A few government institutions such as the National

Institute of Local Government are training women on various

development-related issues, legal aid, and organizational

structure of local bodies and their roles and functions to enable

them play their role effectively.

Women Empowerment by participation in Cabinet and

Public ServicesAlthough two women Prime Ministers have headed the

Government during the last six years and the leaders of the

opposition in Parliament were also women, this does not reflect

the gender composition of participation and decision making at

the highest policy level. At the ministerial level, women’s

representation has never risen above 3 percent.

Before 1996, women were never given full responsibility over any

important ministry. Apart from being Prime Minister, others were

state or deputy ministers responsible for insignificant

ministries such as Culture, Social Welfare, and Women. Currently

one woman Minister, who had become a Member of Parliament in 1991

and 1996 through direct elections, is responsible for a ministry,

i.e., Agriculture. Another woman minister is responsible for the

Ministry of Forest and Environment.

Barriers to the empowerment of women

154

Many of the barriers to women's empowerment and equity lie

ingrained in cultural norms. Many women feel these pressures,

while others have become accustomed to being treated inferior to

men.178 Even if men, legislators, NGOs, etc. are aware of the

benefits women's empowerment and participation can have, many are

scared of disrupting the status quo and continue to let societal

norms get in the way of development.179

Research shows that the increasing access to the internet can

also result in an increased exploitation of women. Releasing

personal information on websites has put some women's personal

safety at risk. In 2010, Working to Halt Online Abuse stated that

73% of women were victimized through such sites. Types of

victimization include cyber stalking, harassment, online

pornography, and flaming.

Recent studies also show that women face more barriers in the

workplace than do men. Gender-related barriers involve sexual

harassment; unfair hiring practices, career progression, and

unequal pay where women are paid less than men are for performing

the same job.180 Such barriers make it difficult for women to

advance in their workplace or receive fair compensation for the

work they provide.

178 Nussbaum, Martha C. 1995. “Introduction,” in Martha C. Nussbaum and Jonathan Glover, eds.Women, Culture, and Development: A Study of Human Capabilities, pp. 1–15. Oxford: Clarendon Press179 World Survey on the Role of Women In Development. 2009. Women’s Control over EconomicResources and Access to Financial Resources, including Microfinance. New York: United Nations180 Stein, A.I. (2009). Women Lawyers Blog for Workplace Equality: Blogging as a Feminist LegalMethod. Yale Journal of Law and Feminism, 20 (2), 357-408

155

Chapter-10Research findings

We describe in detail downwards on what we find in

proceeding to analysis the total situation of the research work.

Women representation is very limited in different

level of government specially in ministries.

Regularly women in mass representative organizations

is scarcely as candidates.

156

Women does not exercise the power of decision making

in every sphere of politics and bureaucracy.

Different wage rate for women.

We keep a great role in garments sector as wager

They are playing important roles in education

Their participation in politics are increasing

The women are being solvent by the opportunity of

micro credit.

Recommendations Women should participate more and more in politic to

establish their rights in politics.

The working field of women should be extended to

increase the economic power of women.

Social attitude towards men and women should be changed

through social movement. Along with political parties

women organization’s should come forward along for this

The govt. should be cordial and active to implement the

effective steps in the rules and regulation committee.

Women should be appointed in the higher administration

with post of cabinet secretary and in the ministry and

department.

To eradicate the disparity of men- women wage

reformation in wage distribution is necessary.

Women workers can’t protest against the injustice of

the higher authority for lack of the help of law.

157

Political and lawful rights of women should be included

in the education syllabus.

All the international agreements against women

persecution including extinction of all discriminatory

activities against women should be implemented fully or

to take steps to implement.

Reserve seat for women should be maintained for UP

level to all sectors.

They should not be nominated for reserve seat, rather

should be elected directly.

We should behave with the female child equally in the

house and outside the house and the positive aspect of

female child should be shown.

ConclusionIn the last decades of the 20th century there was a

declaration of Principle of Fundamental Human rights. In June

1993 at the Vienna Human right Conference it was recognized that

Women’s Right is Human Right, Violence against Women is Violence

against Humanity. From then there is movements for ensuring

women’s as to a man and for removing gender discrimination.

The level of women empowerment in economic decision making and

household decision making is satisfactory but the empowerment in

physical movement is very low and the autonomy level of women for

all three dimensions in Bangladesh is the least. Although this

country has been governed by two women leaders for almost two

158

decades but traditionally there prevails negative social view

about women rights, autonomy and empowerment in the household

level, even women themselves think rights, autonomy and

empowerment is bad and sometimes it is a shameful matter for male

members if a family is driven by women. Therefore, unfortunately

the situation of women remains unchanged.

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Discrimination against Women and Children, 1979 (CEDAW)

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