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
7
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
8
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
9
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
10
"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.
12
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
15
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
16
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.
22
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.
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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
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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
79
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
82
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.
83
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
86
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.
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.
134
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
140
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
143
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.
BibliographyLegislation and International Instrument
The Constitution of the Peoples Republic of Bangladesh The Constitution of India The Constitution of Nepal The Family Courts Ordinance 1985 Muslim Family Law Ordinance 1961 The Penal Code 1860 Dowry Prohibition Act, 1980 Nari O Shishu Nirjaton Daman Ain , 2000 Acid Crime Prevention Act, 2000 Acid Control Act, 2000 The Majority Act, 1875 The official secrets Act of 1923 The Hindu Adoption & Maintenance Act 1956 The Dowry Prohibition Act 1980 Universal Declaration of Human Rights (UDHR) 1948 The Convention on the Elimination of all forms of
Discrimination against Women and Children, 1979 (CEDAW)
159
Annual Report & Articles Bangladesh Demographic and Health Survey (BDHS) 2007 State of Human Rights Bangladesh (CCHRB) 1999 Annual Human Rights Reports of 2010 and 2011, Odhikar World Survey on the Role of Women in Development, 2009 Annual Reports, Bangladesh legal Aid & Services Trust
(Blast) 2011 "Tributes paid to veteran anti-royalist". BBC News. 27
January 2000 Aasha Mehreen Amin, Bangladesh: Is the law fair towards
women, Star weekend magazine/ The Daily Star (Bangladesh)March 5, 2004
Pankaj Deb, Right of minority, The Daily Star, June 04, 2004 The Role of Female Members of Parliament in Ensure Good
Governance, Key Note Paper, Transparency InternationalBangladesh, March 2009
Women’s empowerment in Bangladesh, The Daily Star, 4 March,2013,
Human Development Report 2011 MDG Progress Report, 2011
Dailies BBC News The Guardian The Times Daily Ittefaq Daily Star The Daily Khobarer Kagoj The Daily Bhorer Kagoj The Financial Express The Daily Jugantor The Daily Prothom Alo Daily Inqelab
Books Faiz-ud-din, Dr. Muhammad, Shams Publications, Dhaka, 2011
160
Hosken, Fran P., 'Towards a Definition of Women's Rights' inHuman Rights Quarterly, Vol. 3, No. 2. (May, 1981),
Lockwood, Bert B. (ed.), Women's Rights: A "Human Rights Quarterly"Reader (Johns Hopkins University Press, 2006)
Badr, Gamal M.; Mayer, Ann Elizabeth, "Islamic CriminalJustice". The merican Journal of Comparative Law, American Societyof Comparative Law, Winter 1984
W. J. Rorabaugh, Donald T. Critchlow, Paula C. Baker (2004)."America's promise: a concise history of the United States". Rowman &Littlefield.
Maine, Henry Sumner. Ancient Law 1861 Frier and McGinn, A Casebook on Roman Family Law, Robinson, Eric W, Ancient Greek democracy: readings and sources.
Wiley-Blackwell, (2004) Ratnapala, Suri, Jurisprudence. Cambridge University Press.
(2009) Kamali, Mohammad Hashim. Principles of Islamic
Jurisprudence, Cambridge: Islamic Text Society, 1991. Benazir Bhutto, Politics and the Muslim Woman, in Liberal Islam: A
Sourcebook 111, Charles Kurzman 1st ed. (1998). Mohammad Nazmi, Mohammadan Law (Allahabad: Central Law
Publications, 2005), D.F. Mullah, Principles of Mohammedan Law Habib, Mohshin and Christine Jubb, Role of Microfinance in
Political Empowerment of Women: Bangladesh Experience,(2012).
Razzaque, Mohammad A. and Sayema H. Bidisha, DoesMicrofinance Promote Women’s Empowerment? An EmpiricalInvestigation, (2012).
Argawal,uijh Bina.. “Gender and Green Governance: ThePolitical Economy of Women’s Presence Within and BeyondCommunity Forestry.” New York, NY: Oxford University Press,2010
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