Statistics
|
Women’s
Rights: Freedom of Participation and Freedom from Violence |
Neela Matin*
[This
chapter was first published in Human Rights in Bangladesh 2001, by ASK]
The
barriers to the implementation of human rights are two-fold. Firstly,
there is obstacle of the lack of a proper implementation machinery to
make rights real in the lives of women, as well as a lack of the awareness
of the rights machinery on the part of women, so as to empower them.
The second and more formidable barrier is the refusal to accept the
values in and of themselves, i.e. an ideological resistance to human
rights for women.
To
analyse the barriers posed by culture, custom and personal laws with
regard to women’s rights, it is important to analyse the underlying
assumptions about the female personality which accompanies any discourse
of women’s rights, especially in documents such as the Convention
on the Elimination of All Forms of Discrimination against Women. The
personality which is privileged in such documents is the free, independent,
woman as an individual endowed with rights and rational agency…
Though the Convention's emphasis is on the principle of non-discrimination,
and not on the principle of empowerment, there is the assumption that
it privileges the free, independent and empowered women.
Radhika
Coomeraswamy1
UN Special Rapporteur on Violence against Women
|
|
Introduction
The right to take part in the governance of one's country is a basic
human right as recognised in the Universal Declaration of Human Rights
(1943) and reaffirmed in the Beijing Declaration and Platform for Action
(1995). Bangladesh, as a signatory to the Beijing Platform for Action,
is committed to achieving women's equal participation in decision-making.
The National Policy for the Advancement of Women in 1997 emphasised
that political empowerment of women could be promoted through, among
others; implementing programmes for achievement of women’s political
rights; taking initiatives for direct elections in reserved seats at
all levels of national and local government system; employing a considerable
number of women in the highest levels of decision-making and providing
encouragement to political parties to nominate more women candidates.
In this context, the following chapter discusses, firstly the situation
regarding women's rights to political decision-making and the challenges
met during 2001 in efforts to achieve the goal of equal participation
and incorporation of women's perspectives at various levels of decision-making.
Despite a widespread women's movement in achieving the above goal, women
in Bangladesh are largely under represented at most levels of legislative
and executive bodies and remain marginal in national budgetary allocations.
Women's lack of political power, at the national level, is largely a
reflection of their unequal access to power and decision-making at local
community levels. Discrimination at these levels severely restricts
women's ability to acquire skills for wider participation in public
life and subject
them to oppression and violence often by the community. In the second
part, the chapter documents the nature and extent of some forms of violence
against women in the local community, for example, fatwa, rape and acid
violence. Women's right to freedom from violence is found constantly
challenged by social tolerance of inequality and violence and the reluctance
on the part of the administration to introduce holistic measures for
legal and procedural actions, backed by budgetary allocations.
Right to
Political Participation
Women in the National Parliament
Women's participation in formal politics has been limited in Bangladesh.
Though in recent elections their participation as voters and to some
extent as campaigners has increased notably, comparatively few women
have made serious endeavours to cultivate their own electoral constituencies.
Major political parties have given only a few nominations to women.
In each of the parliamentary elections of 1991 and 1996, 36 women contested
for 300 seats but only four were elected in the former year and seven
in the latter; while in 2001 elections, 38 women contested and six were
elected.
The minuscule number of women in parliament and the controlled nature
of the political process have prevented them from playing a significant
role in successfully raising women’s concerns or pressing for
legislative changes to affect the status of women. When concerns are
raised by women they are generally ignored, if not opposed, by the male
members and women often find themselves marginalised by their own party2.
In addition to the 300 general seats, the Constitution had provided
for reserved seats for women to be 'indirectly elected' by the three
hundred elected MPs. Initially, in 1972, the provision of reserved seats
was introduced to ensure a minimum representation of women in parliament
and to encourage their gradual entry into mainstream electoral politics.
It was hoped that the socio-economic and cultural constraints that prevented
women’s equal participation would be sufficiently eroded away
in time and conditions would be created for a more equal and enhanced
participation of women along with men. However, this expectation did
not materialise as was evident from the small number of women who received
party nomination or contested for general seats. As a result, over the
years, the provision has been renewed twice and the number of reserved
seats was increased in 1978.
Article 65(3) of the Constitution of 1972 provided for fifteen reserved
seats for a period of ten years3.
An amendment to the Constitution in 1978 increased the reserved seats
to 30 for a period of fifteen years that lapsed in 19874.
The Tenth Amendment in 1990 provided for 30 reserved seats for a period
of ten years.
This provision expired in April 2001. Women's groups started demanding
more affirmative action from both the treasury and opposition benches
through a constitutional amendment. They agreed to the renewal of the
provision and an increase in the number of reserved seats for women
and started a critical debate on the details of the provision. Experience
has shown that the majority party in parliament has nominated and selected
their own party members or sympathizers for all thirty reserved seats.
These members were basically accountable to the party that had brought
them in. Though they were assigned a geographical constituency, they
could maintain few links with it. They neither represented nor were
accountable to women in general, as the latter had no role in their
election. Further, as these women members had not gone through a competitive
electoral process, they were taken less seriously by their directly
elected colleagues and were considered merely as a vote bank of the
ruling party5.
Given the above experience, women's organisations put forward a number
of proposals for renewal and effective use of the provision of reserved
seats. Notwithstanding differences among various women’s groups
on the number of reserved seats, a general agreement had emerged by
the end of the year on the following issues.
Need for reserved seats for women.
Direct election to reserved seats.
Increase in the number of reserved seats.
Nomination of a certain proportion of female candidates by political
parties for the general seats.
Several networks and organisations launched campaigns on the issue of
reserved seats. Sammilito Nari Shamaj, Bangladesh Mohila Porishad, National
Women Lawyers Association (BNWLA), Fair Election Monitoring Alliance
(FEMA), International Women's Day Observation Committee, Nari Progoti
Sangha, PRIP Trust, Bangladesh Legal Aid and Services Trust (BLAST),
Kormojibi Nari, Women for Women and Ain o Salish Kendra (ASK) dialogued
and campaigned for a consensus women's demands. Discussions, workshops,
human-chain and rallies, token hunger strike, sit-ins, presentation
of memorandum, distribution of leaflets and media conferences were frequently
organised throughout the country.
The provision expired in April as no constitutional amendment had been
submitted in parliament. The majority party, the Awami League, did not
submit an amendment in parliament because it claimed it did not command
a two-thirds majority. It was reported, however, that the Awami League
would propose an increase of reserved seats, but not necessarily through
direct elections. The party appealed to the BNP, the leading opposition
party to join the parliament with the specific purpose of forming a
two-thirds majority to amend the Constitution. The latter continued
to boycott the parliament but in their public statements, they sympathised
with the women’s demand and said they would introduce a bill in
the next parliament. Thus the provision of reserved seats was not renewed
and the Eighth Parliament formed in 2001 had no reservations for women’s
seats.
The Constitution provides for a limited entry of non-elected, technical
appointments into the cabinet. Although this does not exclude women,
women with technical, professional or administrative expertise have
never been appointed to the Cabinet. Yet this provision could have been
utilized to induct qualified women into the policy-making arena, particularly
as many women with experience are excluded from the electoral process,
which is determined by factors such as money and muscle power6.
Women in
Union Porishods
Legislation to allow for direct election of women to reserved seats
in the Union Porishods, in 1997, led to an unprecedented inclusion of
women in local governance. Women were elected both in the general and
in the reserved seats: twenty women were elected as Chairmen, 100 women
as general members and 12,723 in the reserved seats7. It
was soon evident that women members were not being allowed to participate
fully into the activities of the Union Porishods as the procedures for
allocating responsibilities had not been established. Women UP members
began to demand specific guidelines for duties, power and jurisdiction.
To increase their participation, an amendment was passed in parliament;
the Sthaniyo Sarkar Oddhyadesh (Songsodhoni), in April 2001,
increased the number of UP Standing Committees from seven to twelve.
Women members were to chair at least one committee. A further proposal
created a social welfare committee to be chaired by a woman member in
each ward. The other measures were expanding the number of UP Project
Implementation Committees in order to appoint women members as Chairpersons
in at least one-fourth; and provision for nomination of three women
members to Upazila Development Coordination committee. Despite these
measures, women members are relegated to welfare sectors like education,
health care and family planning. They are not allowed in the committees
that deal with planning, development and physical infrastructure projects.
Thus women members are yet to gain their position vis-a-vis their male
counterparts who continue to dominate UP activities.
Women in Government Service
An inventory of the status of women’s employment carried out by
the Policy Leadership and Advocacy for Gender Equality (PLAGE) Project
of the Ministry of Women and Children’s Affairs revealed that,
on an average, only 15 per cent of all employees in 16 selected ministries
were women. Apart from the Women’s Ministry, in which 62.27 per
cent of total employees were women, only three other ministries had
employed women above this average, education (16.73 per cent), health
and family welfare (27.41 per cent) and social welfare (22.03 per cent).
These ministries, however, are considered as traditional sectors for
women. Women occupied only an insignificant proportion, 1.77 per cent
in Department of Local Government of the Ministry of Local Government,
Rural Government and Co-operatives, 2.07 per cent in the Home Ministry
and 2.59 per cent in Agriculture Ministry8.
The PLAGE Project also reported that women constituted 10 per cent of
all employees in the public sector9. They were concentrated
at the entry level and thus women’s participation in policy-making
remained marginal. It was also revealed that less than 8 per cent of
the 15 per cent quota established for women in the public sector was
actually realised.
For the first time in Bangladesh, four women were appointed as Deputy
Commissioners (Deputy Secretary rank) in March 2001. In April, another
four women were appointed as Additional Deputy Commissioners. The administration
also announced, in March 2001, that in each police station of the country,
one Assistant Sub-Inspector and two Constables would be selected from
amongst women. This would require creation of 2,220 positions for women
police officials. It was reported that the number of total police officials
in the country was only 100,836. Thus there was one police for each
1,121 citizens - the ratio being the lowest in the world. There were
only 492 women police officials; 51 Sub-inspectors, 90 assistant Sub-inspectors
and 351 constables10.
Women's
Share in the National Budget
In 2001, discussions and research were initiated both by the women’s
organisations and the government on women’s share in the national
budget. Bangladesh Nari Progoti Sangha (BNPS) led a campaign to raise
concern for the low allocations in the national budget to programmes
that specifically targeted women. A study on budgetary analysis undertaken
by BNPS11 revealed that state commitments to affirmative
action for women’s empowerment as embodied in the Constitution
and the National Policy for the Advancement of Women adopted by the
Government in 1997 have remained largely unimplemented as they were
not backed by adequate budgetary commitments. The study noted that only
3.1 per cent of the national budget for 2000-2001 was allocated for
development activities and projects that directly benefited women, and
29.27 per cent was allocated to projects that partially benefited them.
The study analysed 18 sectors including those that have been identified
in the NAP as contributing to women’s empowerment. BNPS organised
a number of consultation meetings and workshops across the country to
demand increased allocation for women in the national budget. The reasons
for this shockingly low allocation and disbursement for women were attributed
to, among others, inadequacy of strategies for mainstreaming women;
non-recognition of women’s agency in development; weakness of
the WID focal points in incorporating WID issues into development planning;
lack of leadership of the Women’s Ministry and paucity of committed
women officials in other ministries; and ineffectiveness of women parliamentarians
in raising WID issues in parliament. The high-powered National Council
for Women’s Development also did not play an effective role as
it had met only twice since its inception in 1995. The study further
pointed out that the profound
insensitivity
amongst planners towards WID issues had contributed to the low share
of budget for women.
The Women’s Ministry also took initiatives in 'Engendering the
National Budget' in an effort to mainstream gender equality in government
policy and programmes. The PLAGE project of MOWCA undertook a review12
of the past four national budgets (for the fiscal years, 1996-1997 to
1999-2000) to increase awareness and knowledge of the policy-makers
and broader civil society activist groups on gender sensitivity of the
national budget, particularly to employment generation, social development
and resource allocation. The study found that existing practice of preparing
budgets segregates sectoral expenditure but it is not gender disaggregated.
Women’s exclusive share in total development budget has not increased
though allocations likely to have partial impact on women have shown
little increment over the study period. The study recommended that a
gender sensitive budgetary process should be initiated that would focus
on13:
promoting, monitoring and evaluating government expenditure and revenue
with a gender yardstick;
promoting more effective use of resources to achieve both gender equality
and human development objectives;
re-prioritization within and across inistries/departments / agencies
rather than an increase in overall government expenditure;
and promoting active involvement and participation of women, men and
other marginalised groups such as youth and rural people.
Women in
Parliamentary Election 2001
As the schedule for the national election to the Eighth Parliament was
announced, the women's movement renewed its campaign for the political
participation of women. They demanded that political parties nominate
more women, from 10 per cent to one-third of the total nominated by
each political party; that political parties should endorse an increase
of reserved seats through direct elections for these seats in their
election manifesto, that an appropriate draft bill be introduced and
adopted in the first session of parliament.
Women’s organisations, NGOs and civil society groups were engaged
in a variety of activities to ensure a free and fair election. Meetings,
seminars, human chain rallies and media conferences were organised to
promote a conducive and safe political environment for voters, particularly
for women voters. At several meetings14, deep
concern was expressed over the use of violence, muscle power and black
money in the election campaign. Violence against women became a prominent
issue in the election campaign. Women appealed to all political parties
and the electorate to resist the perpetrators of violence, religious
fundamentalists and anti-liberation forces with a record of war crimes
or other forms of violence through the ballot. The media also played
an important role in promoting women’s participation in the election
and it highlighted women’s lack of security during elections.
To alert the Election Commission and the public, media reports identified
a number of constituencies, in which women had previously been prevented
by the local community from exercising their right to vote. TableXIII.1
identifies the location and reasons for non-participation.
Table
No. XIII. 1: Fatwa or rulings against Women’s Right to Vote15 |
Source |
Area |
No.
of women voters |
Reason |
| Jugantor
: 28 January |
Chandradighalia
union, Sadar Upazila, Gopalganj |
3,020 |
Fatwa
by community elders since 1973 |
| Prothom
Alo: 7 February |
Pangashia
union, Dumki Upazila, Patuakhali |
4,635 |
Fatwa
by the Pir since 1919 |
| Janakantha:
7 February |
12
villages of Surat union, Sadar Upazila, Jhenaidaha |
3,288 |
Fatwa
by community elders since 1958 |
| Ittefaq:
12 February |
Choiani
& Durgapur unions, Begumganj, Noakhali |
Approximately
16,000 |
Fatwa
by Alem and the community elders since 30-35 years |
| Prothom
Alo: 18 April |
Berubari
union, Nageshwari Upazila, Kurigram |
Approximately
4,000 |
Fatwa
by three community leaders since three decades |
| Prothom
Alo: 18 April |
Kalikapur
union, Madaripur |
5,126 |
Following
a decision of chairman and members of the union council in the sixties. |
Women's
organisations demanded positive action from the administration and the
Election Commission to redress the situation. Bangladesh National Women
Lawyer's Association (BNWLA) filed two public interest litigations (Writ
Petition No. 964 of 2001 for Jhenaidaha and No. 965 of 2001 for Gopalganj)
on behalf of 3,288 voters of Surat union (Jhenaidaha) and 3,020 voters
of Chandra Dighalia union (Gopalganj) who had been restrained from going
to the polling booths in 1958 and 1973 respectively following fatwas
given by village elders. Following a Rule Nisi issued by the
High Court, the Election Commission contacted the local administration
and involved civil society members to ensure that women could vote in
these areas. Women's organisations urged the Election Commission to
take measures to ensure their access to the polling booths. The Caretaker
administration declared that it would take strict measures against any
obstacles to women voting.
VOTE16, an organisation set up for voter education and election
monitoring, noted that women faced a number of problems in the polling
centres, particularly that of insufficient number of polling booths
resulting overcrowded long queues. Sometimes, women had to wait for
several hours to cast their votes, while others could not afford to
wait that long due to their home responsibilities and had to leave.
The other problem was the confusion in recording the names of the father/husband
of the female voter. In some cases, the column stating a woman voter's
father's or husband's name was filed without distinguishing between
the two. At the time of voting, when the woman was asked the name of
her husband or father, her answer may not have matched the name recorded
in the voter list. Accordingly, she was not allowed to vote. Mistakes
in the voter list were a major reason that the smooth casting of votes
by women was hampered.
Though generally there was a high turnover of women voters, in some
places women from Hindu or other ethnic minority communities were threatened
by members of a particular political party to prevent them from going
to the polling centres. They were warned that,
if they go to the polling centre they would be killed or their houses
looted and everybody would be sent to India. At the same time another
political party told them that they had to show proper reasons if they
do not cast their vote. Ignoring all these threats and fears, those
who did dare to go to the polling centres, they were replied by shocking
brutalities on them.17
Post-Election
Political Violence
The threats soon materialised in a reign of terror in several constituencies,
immediately after the election. Though political gangsterism has been
identified as one of the most serious threats to democracy in recent
years, levels of electoral violence against the minority Hindu community
and supporters and workers of the AL were unprecedented in 2001. The
newly elected government tended to down play the incidents and the administration,
including the police, remained largely ineffective thus indirectly encouraging
the political gangs. The Home Minister acknowledged in parliament on
18 November, 2001 that some 266 murders and 213 rapes were recorded
in the first 25 days of October across the country18. Higher
figures were reported in the newspapers. These exceeded all records
of atrocities in previous elections. Though figures for violence are
not disaggregated by gender, recorded incidents show that women have
been subjected to violence as political workers, as relatives of politicians
and as members of religious or ethnic minorities.
Women and human rights’ activists began to protest against the
atrocities. Spontaneous groups such as ‘Shochetan Nagorik Somaj’
and ‘Nirjatito Janagan’ were formed particularly to organise
protests against the attacks and demand government measures to combat
them. Other organisations such as Bangladesh Mohila Porishad, Sommilito
Samajik Andolon, Bangladesh Nari Progoti Sangha, Nijera Kori and ASK
demanded protection for minorities, proper investigation into the incidents
and compensation for the victims of post-election violence.
In the face of continued government indifference and even denial of
what was happening in the country, ASK filed Writ Petition (No 6556
of 2001) on 24 November, on grounds of reported incidents of assault,
intimidation, torture, rape, sexual assaults and arson on the person
and property of citizens belonging to the religious minority communities,
especially the Hindu community19. The High Court Division
of the Supreme Court issued a rule nisi on 27 November asking the government
to explain why it should not be asked to take proper steps to protect
the country's religious minorities from attack and harassment. The Court
further asked the government to investigate the incidents and submit
its report by 15 January, 2002.
Police Violence
Women activists have not escaped harsh and brutal measures used by the
law-enforcement agencies. A well-known example is that of Ila Mitra
who was subjected to police torture and other forms of indignities because
of her participation in the Tebhaga peasant movement. More recently,
the police appear to have targeted women politicians in particular,
perhaps to prevent them participating in rallies or meetings. Violence
against women political activists may be an emerging trend as such incidents
have occurred during the past two elected governments. A police attack
on Motia Chowdhury, former MP and Minister for Agriculture in the Awami
League cabinet, when she was taking part in a procession is an example
this year. Newspapers reported that during a hartal on 2 December called
by the AL, when leaders gathered outside the party office to bring out
a procession, the 'police beat them indiscriminately, forcing the senior
AL leaders to get inside the party office... Male and female police
encircled Motia Chowdhury along with the group as they sat on the street
in protest...' The media caught the action of a policeman baton-charging
her, as she fell on the road. Talking to newsmen later, the former minister
accused the Government of 'infringing the citizens' right to assembly'20.
A similar incident was caught by photo journalists during a hartal on
11 May, 1999, when the 'baton-wielding police beat up several BNP MPs
and almost stripped a female activist of the party in Dhaka city’s
Bijoynagar area'21 The photograph showed a policewoman pulling
Munni Begum’s (a BNP activist) saree as she tried to escape from
police violence. BNP leaders alleged that police had earlier roughed
her up along with other women activists of the party22.
Right to Freedom from Violence
Women's lack of political power in public forums is reflected in their
marginalisation in the community and is in turn shaped by the consequences
of this marginalisation. The consequences are noted in the discriminatory
attitudes and practices towards girl children and women that limit their
potential to develop and acquire skills to participate equally in family,
social, economic and political life. The other notable consequence is
the subjugation of women to patriarchal norms often resulting in violence
against women by the community members. Below, we discuss major crimes
against women and girl children instigated by fatwa, through rape or
acid attacks.
Fatwa Instigated Violence
During the last decade, an important aspect of violence, revealed by
the media, has been the illegal use of fatwa as a form of physical and
psychological punishment23. In the absence of historical
evidence, it is difficult to define a trend in fatwa instigated violence,
but media reports show that fatwas were issued for a variety of perceived
deviations from patriarchal norms. These included women's participation
in public life, exercising choice in marriage or non-conformity with
conventional norms of sexual behaviour, mobility in accessing health,
education and employment or merely seeking legal redress. In many cases,
while the perpetrators of fatwa violence were not prosecuted and remained
unpunished, the women thus victimized faced social ostracism or exclusion
from their families and communities.
Community leaders tend to enforce fatwas against women arbitrarily as
a means of control. Over the years, fatwas have been found24
to violate both constitutional and international rights to:
freedom
from cruel, degrading or inhuman treatment (lashing and stoning, forcible
shaving of the head, beating by shoes, throwing shoes at women after
half-burial in the ground, etc.);
life (burning
to death, compelled to commit suicide);
family
or private life (social ostracism, forcing unlawful divorce, forcing
women to contract a hilla marriage, denial of religious rituals after
death);
education
(compelled to abandon education);
economic
activity and work (preventing women from taking bank loans or their
repayment, destruction of mulberry trees planted by women and obstructing
participation in other income-generating or development activities);
political
participation (prohibiting women from casting votes);
exercising
choice in reproductive health (preventing women from using contraceptives).
In 2001, 34 cases of violence instigated by fatwas were reported in
the newspapers25. 53 per cent related to insistence on hilla
marriage following oral talaq26. Other instances were when
women demanded punishment for rape (18 per cent) or for pre-marital
or extra-marital affairs/ pregnancy (15 per cent). In 14 per cent of
incidents, the causes were not known. The punishments included forced
hilla marriage, flogging in public, social ostracism and physical violence.
On the first day of the year, the High Court issued a suo motu rule
declaring all fatwas illegal, following a newspaper report on 2 December,
2000 in the Banglabazar Patrika. In the reported incident, Saiful, during
a quarrel uttered the word talaq to his wife Shahida and their neighbour
Haji Azizul overheard this. The couple, however, continued their conjugal
life. A year and a half later, while Saiful was absent from the village,
Haji Azizul issued a fatwa against Shahida declaring her marriage with
Saiful void since the latter had pronounced an oral talaq. He forced
Shahida to undergo a hilla marriage on the pretext that this would enable
her to remarry her husband. Haji Azizul arranged a divorce for her after
a few days according to the hilla norm. When Saiful came back and found
what had happened, he refused to remarry Shahida and sent her back to
her parental home. ASK submitted a writ petition (Writ Petition No.
5897 of 2000) as an intervener in the case.
The High Court, in its judgment, referred to Bangladesh laws relating
to the dissolution of marriage. The Muslim Family Laws Ordinance states,
Any man who wishes to divorce his wife shall, as soon as may be
after the pronouncement of talaq in any form whatsoever, give the Chairman
notice in writing of his having done so, and shall supply a copy thereof
to the wife... Nothing shall debar a wife whose marriage has been terminated
by talaq effective under this section from remarrying the same husband,
without an intervening marriage with a third person, unless such termination
is for the third time so effective.27
The Judges observed that dissolution of marriage by uttering the word
talaq once or three times simultaneously, is against the injunction
of the Quran and the Hadith, as well as invalid in law. The Court held
that the marriage between Saiful and Shahida was not dissolved and that,
for the sake of argument, if it was taken that the marriage was dissolved,
even so there was no legal bar for Shahida to remarry Saiful without
an intervening marriage with a third person. Thus the fatwa in question
was wrong. The Court also held that fatwa means legal opinion of a lawful
person or authority. The legal system of Bangladesh empowers only the
courts to decide all questions relating to legal opinion on Muslim and
other laws in force. The Judges, therefore, termed any fatwa including
the instant one, as 'unauthorised and illegal'28.
The Court further recorded that the tragedy of Shahida was not an isolated
event and that, since 1993, the country had witnessed an alarming number,
range and varieties of fatwas which were 'open challenges to the fundamental
rights guaranteed under Articles 27, 28, 31 and 35 of the Constitution,
yet the State failed to enforce those fundamental rights'. The Court
also stressed the role of the local administration in dealing with such
cases and held the view that the District Magistrate should have immediately
taken cognizance of the said offence under Section 190 of the Code of
Criminal Procedure. Further, the Court observed a 'defect' in the education
and attitude of a particular group of men who 'upon either getting education
from Madrassah or forming a religious group' were becoming 'fanatics
with wrong views'. Thus it was recommended, as a short term measure,
that study of Muslim Family Laws Ordinance be introduced in all schools
and Madrassahs and that the Khatibs of all the mosques be directed to
explain the Ordinance in their Friday sermons. As a long-term measure,
the Court recommended a unified education system and an enactment to
control the freedom of religion subject to law, public order and morality
within the scope of Article 41(I) of the Constitution. The Amicus Curiae
noted that the instant fatwa is a punishable offence under section 508
of the Penal Code and recommended that giving a fatwa by unauthorised
persons be made a punishable offence by the parliament.
Challenging the above judgment, five petitions were filed in the Supreme
Court, of which three were rejected and of the other two petitions (No.
269 of 2001 and 621 of 2001), some points were accepted for hearing
as per decision of the Appellate Division on 13 November, 2001. The
hearing has yet to be held.
Violence
against Girls
In subscribing to the theme of the International Women's Day (8 March)
of 'Today's Girl is Tomorrow's Woman', the women's movement this year
has focused on the issue of the girl child. A critical review of the
situation of girl children in terms of their empowerment and development,
however, reveals a dismal picture. As evident from the statistics, gender
discrimination in Bangladesh starts from an early age. Girls comprise
48 per cent of the total population below 19 years. About half of them
get married and 58 per cent become pregnant or mothers below this age.
Among the age group of 15-19 years, although 59 per cent are literate,
they comprise only 41 per cent of students in Classes VI to X, while
their number drops to a mere 15 per cent in Classes XI-XII29.
Rape
The most disturbing aspect of the situation of girl children has been
their vulnerability to violence, particularly to rape. Media reports
show that in 2001, a large number of girls were victims of rape and
acid attack. Of the 308 incidents of rape and attempted rape reported
in the national newspapers (where age of the victims was mentioned)30,
74 per cent were below the age of 18 years, while 46 per cent among
them were less than 12 years. A high proportion of girls died as a result
of rape, either being murdered following rape or succumbing to rape
injury. About 58 per cent of all victims of rape murders were below
18 years, while 21 per cent among them were less than 12 years.
Accessing justice for rape is difficult due to the apathy of police
and medical officials in providing required evidence. Social stigma
against the rape survivors is another reason why only an insignificant
proportion of rape incidents is followed by court cases. Of the total
778 cases of rape (of all age groups) reported in 2001, 297 cases were
filed, eleven cases were mediated and six rape survivors were placed
in safe custody.
Acid
Violence
A similar picture is revealed from incidents of acid attacks, one of
the most vicious forms of violence against women. Of the 151 acid attacks
reported in the newspapers (where age of the victim is mentioned)31,
about 44 per cent were targeted against girls below 18 years, while
14 per cent of them were younger than 12 years. These statistics based
on media reports corroborated well with records kept by Acid Survivors
Foundation32. Among the 340 cases received at the Foundation
in 2001, 38 per cent were under 18 and, within this group, 77 per cent
were girls.
The Human Rights Monitoring Cell of the Bangladesh Bar Council, based
on a survey on 100 incidents of acid attacks, highlighted that difficulties
and delays in getting proper medical certificates presented major problems
in accessing justice33. The study noted that 97 per cent
of the women surveyed could not obtain medical certificates to pursue
their cases.
The alarming incidence of acid violence in the country became a major
subject of national concern and was reported upon frequently by the
media throughout the year. On 1 January, 2001 the Ministry of Law was
reported to have proposed a bill entitled Acid Niontron Ain 2001 (Control
of Acid Act, 2001) to control the import, production, sale and use of
acid and for the treatment and rehabilitation of the victims of acid
attacks34. The bill proposed death penalty or life sentence
for the crime of causing death or permanent injury of vital organs.
The offence was proposed as non-bailable. The bill also proposed formation
of a high powered Jatiyo Acid Niontron Board (National Acid Control
Board) to be chaired by the Minister of Industries, with secretaries
of Home, Commerce, Health and Law as members. While the bill was under
consideration, the Ministry of Commerce issued an Order on 7 January,
2002 for restriction of acid import. So far, acid has been freely available
in the country and could be produced and imported for industrial and
other related use. Under this order, for eleven categories of acid,
import licenses were to be sought from the Division Commissioner after
proper recommendations obtained from three government agencies, the
Board of Investment (BOI), Bangladesh Cottage and Small Industries Corporation
(BCSIC) and Bangladesh Export Processing Zone Administration (BEPZA).
These organisations were concerned with the use of acid for industrial
purposes. The Order, however, did not include the retail sale of acid
and thus it remained freely available within the country. Further, in
the face of opposition from the business community, the government decided
to withdraw restrictions on five types of acid. The business community
continued their pressure against the government decision on import and
sale restrictions on the rest35. Until the end of the year
the proposed law had not been passed in parliament.
Later in the year, on 2 December, 2001, the Prime Minister announced
setting up of a Special Tribunal36 to dispose of acid attack
cases. Following this, an inter-ministerial meeting was held to discuss
the sources of procurement of acid and related chemicals, the rate and
type of misuse and problems regarding the laws for punishment. The Ministry
of Home announced arrangements for disposal of acid attack cases within
three months. The Ministry of Health formed a committee for public awareness
campaign and primary treatment of the victims37.
National newspapers sustained a front-page campaign to mobilise public
opinion against acid violence. Prothom Alo led this campaign and started
a fund collection drive in support of the victims.
Conclusion
The underlying marginalisation of women in political decision-making
and infringement of their right to freedom from violence are consequences
of the general acceptance of inequality and social tolerance of violence
against women. Bangladesh is committed to various international conventions
such as the Declaration on Violence (Vienna 1993) and CEDAW (Convention
on the Elimination of All Forms of Discrimination Against Women)38.
These commitments are reflected in the National Policy for the Advancement
of Women (1997). However, in dealing with the progressively alarming
situation of violence against women, each successive government seems
to be concerned with passing of laws and tightening the legal provisions
while little attention is paid to the fact that laws are not enforced,
procedures remain inappropriate and the perpetrators of violence often
enjoy political impunity. Women's movement has persistently highlighted
these issues and has continued to demand holistic measures for administrative
reform and action for elimination of unequal access to political power,
discrimination and violence against women.
References
Hossain, H. `Women in Politics' in Ahmad, M (ed.), 1999, Bangladesh
Towards 21st Century, Dhaka, Community Development Library.
Majumdar P. P, Jatiyo Budget e Narir Aungsha (Women’s share in
the national budget), Bangladesh Nari Pragati Sangha, 2001, Dhaka.
Muslim Family Laws Ordinance,
Rahman, A., Majumdar P. P, Z. Ali and Rahman, A. Increasing Awareness
and Knowledge about Gender Analysis of National Budget: An Analysis
from the Perspective of Gender Equality. PLAGE, Ministry of Women and
Children Affairs, Government of Bangladesh. 2001,
Notes
* Neela Matin is currently an ASK General Member and
is trained in economics and development studies.
(1)R. Coomeraswamy Ideology and the Constitution, Colombo,
ICES, 1996.
(2)H. Hossain, `Women in Politics' in Ahmad, M (ed.),
1999, Bangladesh Towards 21st Century, Dhaka, Community Development
Library. p. 177-186.
(3)The Constitution of Bangladesh, 1972, Article 65
(3).
(4)Government of Bangladesh, 1978, The Second Proclamation
Order No. IV of 1978.
(5)ASK, 2000, Laws on Women's Participation in Political
Processes: A Bangladesh Perspective, APWLD, Thailand, (mimeo).
(6)Ibid., p.7.
(7)Sangbad, 16 May 1998.
(8)Nari Unnayan Barta, MOWCA, 5 February 2001.
(9)Fact sheets on Utilization of Job Quota Reserved
for Women prepared by PLAGE, Ministry of Women and Children Affairs
for the Workshop on Status of Female Participation in the Public Sector,
September 2001.
(10)Jugantor, 4 March 2001.
(11)Dr. P.P. Majumdar, Jatiyo Budget e Narir Aungsha
(Women’s share in the national budget), Bangladesh Nari Pragati
Sangha, 2001, Dhaka.
(12)Dr. A. Rahman, Dr. P. P. Majumdar, Z. Ali and A.
Rahman, 2001, Increasing Awareness and Knowledge about Gender Analysis
of National Budget: An Analysis from the Perspective of Gender Equality.
PLAGE, Ministry of Women and Children Affairs, Government of Bangladesh.
(13)PLAGE, 2002, Gender Glimpses, Highlights on PLAGE
Researches (Special Issue), MOWCA.
(14)Seminar organised jointly by Centre for Policy
Dialogue, Daily Star and Prothom Alo on 21 August, 2001. Bangladesh
Mohila Porishad organised a mass rally on 13 September, 2001 and Sommilito
Samajik Andolon organised a human chain and procession in Barisal on
26 September, 2001.
(15)Ain o Salish Kendra (ASK) Bulletin, September,
2001, p. 9.
(16)See BNPS 2001, A Report on Election Observation
from Gender Perspective, Eight National Parliament Elections 2001, VOTE
Network, Dhaka.
(17)Ibid.
(18)Jugantor, 19 November 2001.
(19)See Chapter three The Role of the Judiciary in
furthering Human Rights and Justice.
(20)Daily Star, 3 December, 2001.
(21)Ibid., 12 May 1999.
(22)Bangladesh Observer, 12 May 1999.
(23)In Islam, a fatwa is a learned opinion that has
no legal sanction in Bangladesh.
(24)ASK, 2000, Violence against Women and the Legal
System: A Bangladesh Study. Policy Research Report Series, The World
Bank, Washington D.C.
(25)From records maintained by the Documentation Unit
of ASK based on information from ten national daily newspapers.
(26)According to the conventional use of Sharia, a
wife divorced by pronouncement of oral talaq has to go through an intervening
marriage with another man, consummate the marriage and then get a divorce
in order to remarry the previous husband. According to MFLO, however,
pronouncement of oral talaq is not sufficient for the divorce to be
effective as any man wishing to divorce his wife should give the Chairman
of the Union Porishod or municipality a notice in writing of his intention
to divorce and also supply a copy of this to the wife. The Ordinance
further stipulates that nothing should prevent a wife from remarrying
the same husband, without an intervening marriage with a third person,
unless such termination is made effective for the third time. (MFLO
Section 7.) Fatwa in these instances thus violates the existing law
on two accounts, i.e., first by accepting the oral pronouncement of
talaq as legal divorce, and second by insisting on an intervening marriage
following an oral talaq.
(27)Muslim Family Laws Ordinance, Section 7.
(28)Mr. Mohammed Gholam Rabbani J. and Ms. Nazmun Ara
Sultana J. in Writ Petition No. 5897 of 2000 dated 1 January, 2001,
Certified Copy, p. 7.
(29)Nari Unnayan Barta, No. 5, February 2001, MOWCA.
(30)In total, 778 rape and attempted rape were recorded
from media reports, but only 308 cases mentioned age, Documentation
Unit, ASK, Dhaka.
(31)In total, 177 acid attacks were recorded from media
reports, but only 151 cases mentioned age, Documentation Unit, ASK,
Dhaka.
(32)Acid Survivors Foundation was established in May
1999. The Foundation provides treatment including plastic surgery, legal
aid and rehabilitation services to the survivors of acid attacks. It
also conducts an awareness campaign for prevention of this crime.
(33)Janakantha, 2 July, 2001
(34)Sangbad, 1 January 2001.
(35)Jugantor, 'Report on the press conference of Rajdhani
Chemical and Acid', Byaboshayi Bohumukhi Samabay Samiti, 1 July, 2001.
(36)Daily Star, Ittefaq, 2 December 2001.
(37)Janakantha, Daily Star, Jugantor, 25 December 2001.
(38)Though Bangladesh has signed and ratified the Optional
Protocol to CEDAW in 2000, it has not yet withdrawn its reservations
to Articles 2 and 16(c). Under the Optional Protocol, individual and
collective complaints can be made to the CEDAW Committee after the exhaustion
of domestic remedies.
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