Introduction Women are part and parcel of society. They are the nerve of the society.

We cannot deny their role in the global society. We cannot imagine a body without a heart. Similarly it is not to think a societal improvement without the participation of the women with this view in mind our national poet quoted that the creation of the world whatever great and beneficial for human being are shared fifty by man and fifty percent women. In Bangladesh practical field of present twenty century they cant live independently. We know from Bangladesh bouro us of statistics BBS that almost !" of population are women. So without the development and participation of women equal as men# our national development will be surely hampered. $ight is the power or privilege to which is entitled or a thing to which one has a %ust claim. &any different types of rights have been described. &any of them terns means such kind of right which deal women or females facility to get right proper life and right to get right to deal own economic political etc. 'very women have right to get right to life# right to proper education# freedom of movement it is universal declaration for all women. Something special opinion# women in the village work longer and harder than men folk caring for domestic animals the fields# tending children and cooking. (ll the boiling# drying and husking of paddy is e)clusively womens work. *ouse spent in household activities like caring for elderly relatives and the sick are not seen as since they do not earn money for the family. (s farm labor# women yet roughly +! percent of a men wage# according to reaches. ,r. (tiar $ahman# a research fellow of the Bangladesh intituation of development studies BI,S# has calculated in a reset study that women work -. hours more in a week than men. Similarly the /0 childrens agency# /01234# estimates that boys who not do not go to the school. Spend only .- minutes on housework daily# while girls who have a doped out shoulder five hour off around the work. ..- (im of the study Women are favorite sub%ects of literature# and Bangladeshi women are no e)ception. The beauty and charm of Bangladeshi women are e)tolled in poems# legends and short stories. But the suffering of Bangladeshi women hardly comes out in the literature. Bangladeshi women endure oppression and deprivation in their own family# community or in the society at large. They are also sub%ected to violence and discrimination. In a large country like Bangladesh# with its socio5economic and legal systems biased against the poor and the women# Bangladeshi women are in difficult situation. The discriminatory attitude against women# rooted in the family and e)tends to the State level# should be ended. Because of the constraints from the family# society and the State in general# Bangladeshi women are not aware of their rights. (nd even if some of them become aware of their rights# they still would not assert them due to the 6ingrained une)pected continuity7 8i.e.# the traditional belief of keeping women under the shadow of somebody such as their fathers or husbands9. ..: Importance of Study

'ntitlements of women and girls of all ages are granted. These rights may or may not be institutionali;ed# ignored or suppressed by law# local custom# and behavior in a particular society. These liberties are grouped together and differentiated from broader notions of human rights because they often differ from the freedoms inherently possessed by or recogni;ed for men and boys and because activists for this issue claim an inherent historical and traditional bias against the e)ercise of rights by women and girls. Issues commonly associated with notions of womens rights include# though are not limited to# the right< to bodily integrity and autonomy= to vote 8universal suffrage9= 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# parental and religious rights. Women and their supporters have campaigned and in some places continue to campaign for the same rights as modern men. ..+ Scope and >imitation of Study This section of the report has listed some of ma%or limitation# which the study has undergone. The finding of study should be consumed?utili;ed in light of the following limitations. The study is based on attitude and opinion survey of some teacher# student and lawyer# the questionnaires were developed# and administered by &,. Borhan /ddin. The finding has inherent sampling errors and# therefore# cannot be generali;ed. The evaluation of study have been attempted through opinion of respondents# not from general public and# therefore# mostlikely to reflect response bias. This is another important limitation of the study. The study has very limited scope and encompasses the volunteer and staffs by me. I am use many 0@As which are related with these activate. The study does not take into consideration other parallel government as well as nongovernment organi;ation working at the grass5roots areas with similar ob%ective. .. &ethodology of Study The methodology used in the thesis is Bualitative &ethodology. Aur research works are based on .. *istorical Study# and -. (nalytical Study. .. *istorical Study< Womans $ight is a accepted fact in /niversal ,eclaration of *uman $ight 8/,*$9. It has a historical back ground of womans movement for the establishment of their rights. The womans movement becomes successful. 0ow the modern world# &odern state and /nited 0ations Argani;ation highlighted the woman in their dignity# honor# position# participation social work political activity etc. In Bangladesh the Womans $ight are guaranteed in their constitution# state laws# and social and state activities. Through the historical revolution the womans right has come to this position. The history womans movement started from .CD. after successful victory of the Bangladesh war of Independence. So# to write this thesis we have to use historical study. -. (nalytical Study< In this thesis the formation development and solutions regarding womans right are to be discussed. In this process of analysis the laws related to the sub%ect and solutions from the %udicial process are to be

discussed. The enforcement of womans right is %udicial matter. So in this process of study the analytical study is necessary and important for this thesis. 4or our research works we followed the analytical study. The main ob%ect of the study is to evaluate effects and importance on persons# society and the state. The study is mainly qualitative in nature because# the impact that the study has searched would not be possible to assess without qualitative data. >egal issues# %udicial rulings and administrative management of the government and the public# all are related with the issues. The research work is involved with the legal matter# administrative matter and %udicial decision of the Womans $ight. /nder these circumstances a regulated research work will be suitable to solve the problems after investigating different variables such as laws relating to 6( Thesis on WA&'0S $I@*T7. 0ormally researchers depend on different methodological approaches. $esearch method is an important factor for all kinds of study. There are two kinds of empirical research methods namely
.. -. Bualitative $esearch &ethod# Buantitative $esearch method.

$esearch on 6( ST/,E A WA&'0S $I@*T7 a new admiration has emerged among the %udicial persons# educators# sociologists# psychologists and public interest# lawyers# politicians# scientists and many others. Feaceful# legal# moral# ethical happy life in the society is the vital issue for the man kind. So considering all the above factors this research works utili;es the following methodologies
.. -. :. +. . 2ase study method# 1udicial method# @round theory method. Sociological &ethod# Statistical &ethod.

&ethod used in this thesis< The method is used in this dissertation is action oriented. The study has been conducted on the basis of two principal sources of data collection. These are<
.. -. Frimary Source# Secondary source.

The basic data has been collected from the administrative source# legislative laws and historical events. Ather data has been collected from %udicial rulings and affected persons information. By focusing efforts on critical issues of authority concern# and the victim persons concern are the important sources of data collection. 2*(FT'$5-.. Basic 2oncept &uslim Women e)isting law is concerning womens rights with respect to dower# maintenance and inheritance and the large gap between what is stated in law and what is practiced in Bangladesh. Women in Bangladesh seldom take full advantage of their rights= this is due to the fact that they are mostly ignorant of them. 'ven if they are aware of these rights their lower socio5economic status often prevents them from e)ercising those rights.

This stimulating book e)plores whether women in Bangladesh are deprived of their economic rights. This topic had been analysed in a sociological conte)t. In fact# the topic of womens status automatically demands a sociological approach. The book contains a lot of empirical studies# which are reprinted in order to provide an easy access to the reality of womens problems and issues. This well researched and thought5 provoking book is a most welcome addition to the growing literature on the sub%ect. 2.- In Sharia &uslim Womans $ight &uslim Women are focusing on the Sharia and women in a wider conte)t in the global setting. $eligion to legal reforms and to %udicial activism# the book traces the factors contributing to womens economic empowerment. By investigating the forces that protect and strengthen the position of women# the chapter then focuses on the standing of women in Bangladesh and e)amines a variety of aspects of legislation and %udicial reform. In terms of family laws and the personal law system# the state has retained the previous divisions of personal and general law# although the 2onstitution of Bangladesh 8.CD-9 seems to guarantee se)ual equality. The inconsistency between the religious family law and the constitutional rights is depicted when womens rights under the constitutional framework is analy;ed. (nalysis of the personal law system indicates how the 2onstitution ensures the personal law system to continue to survive although it is not in line with some basic principles of the 2onstitution. -.: ,ower is the &uslim Womans $ight< ,ower is giving the economic empowerment to &uslim Women. In order to provide proper emphasis to this economic right of women# the chapter clarifies the confusion of dowry with dower. In %ustifying the claims on dower the chapter ends by providing evidences from reported and unreported cases. The issue of maintenance highlighting on the recent %udgment on post5divorce maintenance and development of the Bangladeshi law after that. The legal connotations of &uslim wives regarding maintenance have also been reprinted to give a complete picture of the issue. In the end of the chapter evidences from reported and unreported cases on maintenance are provided. -.+ Inheritance is the &uslim Womans $ight Inheritance of &uslim Sharia law and gives special reference to women. The chapter then provides a socio5 legal perspective of the issue by reprinting two studies. The first study# through tapping the resources of inheritable entitlements# searches for security and poverty alleviation of women. The second study deals with economic transformation of women through enforcement of family law. Froviding evidences from reported unreported cases# the chapter ends# %ustifying the claims on inheritance. There is a wide gap between the theory of religious and official family laws# intimately connected with the lives of women# and practical application in society. 4or e)ample# women hardly receive their rights of inheritance# dowers remain unpaid and there is a distinct gap between womens maintenance rights and actual practice. (lso as stated in the book# 6Why should &uslim women# who are supposed to be protected by dower# become victims of dowryG The &uslim Women attempts to highlight these issues and recommend how these gaps in law and practice can be narrowed# although it is not feasible to absolutely close the gap by the law.

(nother aspect highlighted in the book was the consideration of an out5of5court settlement. This is an informal dispute resolution through Shalish as provided by the legal aid centers. In Bangladesh the local arbitration or Shalish on women is recognised by the 4amily 2ourts. There are many voluntary legal aid centres in Bangladesh. These not only give women opportunities to have %udicial redress# but also legal literacy# Shalish and mediation. The drawback of the Shalish# through the legal aid# is that it does not have the same sanction or authority as the 4amily 2ourts. The parties may simply avoid appearing. (lso at times# the alternative of these legal aid services means that women are given considerably lesser remedies than the 4amily 2ourts would grant. The accused may escape punishment. These alternative structures of %ustice could give practical remedies to women. 6The most significant and positive impact of applying mediation as an (,$ mechanism through the 4amily 2ourts is that the monetary claims of dower and maintenance have reimbursed in huge amount through amicable settlement in these recent years in comparison to that of the earlier periods.7 I am tries to convey the message that if the %udiciary is more sensitised about the particular needs of women it will be able to protect women more effectively. It also urges for a better implementation of the e)isting legal rights of women. This carried out at all levels would secure for women# freedom from economic deprivation# which is at this time required. Some %udicial decisions are remarkably enlightened= this is seen as a departure from the patriarchal mould. (s stated in the book# 6These decisions signify concern of the higher courts not only about giving general emphasis on womens rights but also about the need to protect women from cruel treatment and deliberate economic deprivation7. *owever# there are also many %udgments in which the courts are interpreting the legislation only on the basis of orthodo) concepts# failing to give effect to the underlying social purpose of the convention or legislation. CHAPTER-3 :.. >egal status of &uslim Woman The legal status of the &uslim women in Bangladesh is defined by the principles of Sharia through &uslim Fersonal >aw along with the general law which is non5religious and secular in its character. The &uslim personal law covers the field of marriage# divorce# maintenance# guardianship of children and inheritance whereas the general law covers the rights under the 2onstitution# penal codes# the civil and criminal procedure codes# evidence act etc. It is necessary to e)amine the legal status of the &uslim women in Bangladesh in the conte)t of these two sets of law as in both cases women are supposedly fortified with theoretical legal rights# but there is a gulf of difference e)isting between theory and its actual application. &ost important of all# it must be seen that some of these laws though e)cellent in theory prove largely elusive in practice. The main hurdle that lies in the way of the practical application of the legal rights of women in Bangladesh is obviously the inherent contradiction of attitude that permeates the male oriented society considerably supported by religious beliefs. In this discussion# however# I shall mainly refer to those statutes or those provisions of a statute which treat men and women differently.

&atters not covered herein after should be understood to have egalitarian principles giving women the same rights and obligations as the men. >et us discuss the legal rights of &uslim women in Bangladesh Before going onto specific rights we must know that the large ma%ority of people in Bangladesh are &uslims and of these most are *anafi. &uslims while an only small minority of them belongs to any other sects. Thus in general when a point is made about the law relating to &uslims it will be referring to the law which governs the ma%ority. Therefore# we should note that historically the provisions we regard as provisions of pure Islamic >aw are to a large e)tent Buranic utterances which were applied to the reformation of the pre5Islamic (rabian customary law. 8Salma Sobhan# p.!9. (ccording to 4y;ee# 6The Buranic reform came as a super5structure upon the ancient tribal laws< it corrected many of the social and economic inequalities then prevalent.7 4a;lur $ahman also makes the same point# 6Whereas the spirit of the Buranic legislation e)hibits an obvious direction towards the progressive embodiment of the fundamental human valuesHnonetheless the actual legislation of the Buran had partly to accept the then e)isting society as a term of reference.7 We should also note further that these laws in the sub5continent have been modified in many cases not only by Statute and by custom but also by case law. The other important point to remember is that though Buran has immensely improved the status of women in several directions# society as a whole maintained the inequalities that still remained. 0ot only that# though over the course of years some disparities were modified by different laws# custom has sometimes been strong enough to militate against the Buranic rule of law. There is# therefore# no reason to suppose that all the rules that we are going to consider were meant to be definitive for all times. 0ow let us return to the specific :.- Succession and $ight to property. &uslim law of inheritance has two distinct elements# namely# the customs of ancient (rabia and the rules laid down by the Buran and prophet &ohammad. /nder the customary law of pre5Islamic (rabia the women in whatever capacity were e)cluded from inheritance. The Buran made quite a considerable change of the position. (ccording to the &uslim >aw there are three kinds of heirs 8i9 8ii9 6sharers7 who are entitled to a prescribed share of the inheritance# 6residuaries7 who take on prescribed share# but succeed to the residue left after satisfying the laws.

claims of the sharers# and 8iii9 6distant kindreds7 who are blood relations other than the sharers and residuaries# and succeed generally in the absence of sharers and residuaries. In the classification of the heirs# it is important to note that though the sons son and sons daughter have been made residuary and sharer respectively# daughters children have been made distant kindred. The principles of succession among the sharers and residuaries are two5fold <5
.. -. The nearest in blood relationship e)cluded the remote one and Whoever is related to the deceased through any person shall not inherit while the person is living.

/nder the &uslim >aw# the wife 8or wives taken together9 get one5eighth if there is child# and one fourth if there be no child from the estate of her husband# though the husband gets e)actly double. &other gets from the estate of her sons one5si)th when there is child of her son or when there are two or more brothers or sisters or one brother and one sister of her son# and one third when there is no child and not more than one brother or sister of her son. An the other hand# the father gets from the estate of his son one5si)th if there be child of his son and in the absence of any child of his son= he gets the entire residue after satisfying other sharers claim# and so on and so forth. 8I9 It is significant that the Buran has provided that daughter# mother and wife would under all circumstances be entitled to some share in the inheritance and are not liable to e)clusion from inheritance# but they are not treated at par with their male counterparts# i.e. son# father and husband and to this e)tent rules of inheritance are discriminatory. Women in fact were not given parity in the matter of their shares and as a general rule# the female is given one5half the share of the male. Salma Sobhan writes# since 6the 3oran is to be likened to an 6amending act7 rather an e)haustive codeH in the changed society there is little reason to perpetuate this distinction.7 The case of sisters inheritance is equally discriminatory. (ccording to the rule of nearer in relationship e)cluding the remoter in relationship# children of a pre5deceased son or daughter would not inherit if a person died leaving another son. This often rendered the child or child of pre5deceased child destitute. This inequity# however# has been removed by &uslim 4amily >aws ordinance# .CJ.. Which provides that the children of the predeceased child would inherit the share which the pre5deceased children would have inherited had he or she been alive. But the widow of a predeceased son remains as helpless as before as she does not inherit anything of this ordinance. :.: &arriage# divorce and connected matters &arriage in Islam is a contract and every &uslim of sound mind who has attained puberty may enter into a contract of marriage. Fuberty is presumed# in the absence of evidence# when one reaches the age of . years# but this presumption is refutable. /ntil the age of puberty# a minor may be given in marriage by his or her guardian and though this is in fact against the provisions of the 2hild &arriage $estraint (ct# such a marriage even under that (ct would not be void. /nder the Sharia *anafi# a girl given in marriage below the age of puberty can repudiate that marriage after she attained it and up to the age of .I provided the marriage was not consummated. By statute puberty is no longer relevant and girl given in marriage below the age of .J can repudiate the marriage either on the attaining of .J years# or puberty# where she was married before puberty. Since according to the Sharia a girl is free from guardianship at puberty and by the time she is .: this is assumed# the law presents another anomaly in that a girl can give herself in marriage if she wishes below the age of .J# if she has attained puberty and the marriage would be valid though the person officiating and the groom himself where he was over .I would be liable for punishment under the 2hild &arriage $estraint (ct. Though a minor may be given in marriage# no minor may contract herself in marriage during her minority and any such marriage would be held to be void. Where a minor has been given in marriage and marriage has been consummated before puberty such consummation does not operate to deprive the minor of the option to repudiate after puberty. *owever there

appears no provision for e)plaining or informing the minor of this right either at the time of her marriage or when she attains puberty. It would further appear that even in cases where a girl was given in marriage before puberty# she attained puberty or say the age of .+ .?- years and subsequently the marriage was consummated# she should have the right under statute to repudiate the marriage after she was .J provided there were no further acts of consummation between the period of her .Jth or .Ith years. ( &uslim male can contract valid marriage with a &uslim as also with a 3etabi 81ew or 2hristian9. But his marriage with an idolatress will be irregular. An the other hand# ( &uslim woman may not contract a valid marriage with any one else but a &uslim. ( marriage with a 2hristian or a 1ew would be irregular while a marriage with a *indu would be invalid 8that is any children born would be illegitimate9. It simply means that while a man may marry someone who is not his 6social equal7 a woman should be protected against such marriages. ( &uslim male can take four wives at a time# but a &uslim woman cannot take more than one husband. 'ven a male marries having already four wives= the fifth marriage is not void# but only irregular. Though Islamic >aw vastly improved the then status of woman# the idea of woman being a property could not be altogether thrown away as can be found from the permissibility of plurality of wives. *owever# reali;ing the evil effects of and the in%ustice inherent in the polygamy of men &uslim 4amily >aws Ardinance# .CJ.K.L was passed. Sec.J of the Ardinance provides that no man# during the subsistence of e)isting marriage# shall contract another marriage without prior written permission of (rbitration 2ouncil and violation of this provision entails liability of conviction and punishment. The (rbitration 2ouncil while dealing with an application for permission to marry during the subsistence of a marriage would consider whether the e)isting wife consents to such marriage and whether it is necessary and %ust to grant the permission. But this legislation failed to produce the desired result because due to protracted procedure in courts few inclined to bring violations to court and because the (rbitration 2ouncil being manned by males very often were not un5willing to accord permission on the slightest prete)ts. The law did not make adequate provision to control the discretion of the (rbitration council. By Bengal (ct 0M.. of .IDJK-L provision was made for registration of &uslim marriages# but registration under this (ct was optional. &uslim 4amily >aws Ardinance .CJ. made the registration compulsory and en%oined the 3a;iK:L on pain of punishment to report solemni;ation of marriage to marriage registrar so that the marriage may be registered. Similar provisions have been made by &uslim &arriages and ,ivorces (ct# .CD+. Ane of the essential parts of &uslim marriage is 6dower7 paid or promised to be paid by the husband to the wife. ,ower must not# however be confused with 6dowry7 which consists of presents made by father and other relations of the bride and &uslim >aw does not make any provision for payment of dowry. ,ower is the sum of money or other property which the wife is entitled to receive from the husband in consideration of marriage.K+L The amount of dower may be fi)ed either before or at the time of marriage of after marriage. The law does not say anything about the quantum of dower. The amount of dower is generally split into two parts5 6prompt dower7 which is payable immediately on demand by the wife and 6deferred dower7 which is payable only on dissolution of marriage by death or divorce. In view of the provisions of &uslim 4amily >aws

Ardinance# the entire amount is now to be treated as 6prompt7. The claim to dower is not lost even when the marriage is dissolved by 2ourt at the instance of the wife or when the wife e)ercises the right to divorce. It is in the field of divorce that the most flagrant inequality between husband and wife e)ists. The husband has the right of unilateral divorce# for no cause at all. The wife has no such right# and when her husband e)ercises his right# the wife has no redress. The women can have %udicial separation on specified grounds through intervention of 2ourt. The &uslim 4amily >aw Ardinance .CJ. though has already provided for arbiters# the arbitration council cannot prevent the talaq by the husband even if it be highly arbitrary and un%ust and can only delay the action in the hope that some conciliation will result. The most common mode of divorce by man prevalent in Bangladesh is 8Bedai Talak9K L which takes effect immediately without the requirement of communication to the wife for its validity. The husband pronounces three times that he divorces his wife and with the third pronouncement the Talak becomes irrevocable and takes effect on completion of a certain period. This may also be done by writing on a piece of paper. Ance this right was e)ercised the parties could not re5marry without the intervention of another marriage# i.e. unless the wife was married to a third person and then divorced after consummation of the marriageKJL. With the introduction of the &uslim 4amily >aw Ardinance .CJ.# the position has changed. Section D of the Ardinance provides that ,ivorce given by the husband shall not take effect until the husband has given notice of the ,ivorce to the chairman of local administrative unit# /nion Farishad and ninety days have elapsed after issuance of the said notice and within the said period the husband can revoke the ,ivorce. The husband is also to give a copy of the said notice to the wife. The 2hairman on receipt of the notice would constitute (rbitration 2ouncil for effecting a reconciliation which# if successful# would render the divorce ineffective. It is an offence not to notify the 2hairman about e)ercise of ,ivorce by the husband. The provisions of Sec. D of the Ardinance apply mutates mutandis in case of divorce e)ercised by the wife and the divorce does not take effect unless notice thereof is given to the 2hairman and C! days have elapsed thereafter. The husband can delegate his power of divorce to his unconditionally or with condition and that is called Talak5e5Tawfee;. When any condition is stipulated the wife can divorce her husband in the happening of that condition. 0ow the divorced parties can remarry without the formality of the marriage with third party.KDL &uslim marriage can be dissolved by agreement between the husband and wife and it may take the force of 3hula or &ubarrat. In 3hula# the marriage is dissolved by an agreement between the parties for a consideration paid# or to be paid# by the wife to the husband# it being necessary condition that the desire to separate should come from the wife. Where desire to the separation is mutual# it is said to be &ubarat. ( wife is entitled to 3hula as of right or restoration of what she had received in consideration of marriage# if she satisfies the conscience of the court that it will otherwise mean forcing her into a hateful union. (s stated above# a &uslim female does not have the right to divorce in the way a mal5e has# but she could seek %udicial divorce on grounds permitted by &uslim >aw. The ,issolution of &uslim &arriage (ct# .C:C#KIL was passed in order to consolidate and to clarify those grounds and also to add some new grounds. ( wife is entitled to obtain a %udicial divorce on neglect or failure of the husband to provide maintenance for two years. But if the wife refuses herself to her husband without any lawful e)cuse and deserts her

husband# or otherwise willfully fails to perform her marital duties# she has no right to claim maintenance and cannot obtain a decree for dissolution of marriage on the ground of nonpayment of maintenance. The fact that the wife is a woman of means would not be a defence to the claim of %udicial divorce for non5payment of maintenance. ( &uslim woman can obtain %udicial divorce on any ground recognised by &uslim >aw. Thus a wife is entitled to %udicial divorce if the husband brings false charge of adultery against her unless the husband bonafide retracts the charge of adultery. To constitute a valid retraction# it must be made before the commencement of the hearing of the suit# it must be bonafide and there must be an admission by the husband about making the charge and an unconditional acknowledgement by him that the charge is false. Incompatibility of temperament as results in a hateful union has been accepted as a ground for seeking %udicial divorce. Before the ,issolution of &uslim &arriage (ct .C:C apostasy from Islam of either party operated as a complete and immediate dissolution of marriage. (fter passing of the (ct# apostasy from Islam of the wife does not dissolve the marriage 8Sec.+ of the (ct9 while apostasy of the husband dissolves the marriage immediately. 8&ulla.F.:! 9 :.+ &aintenance In accordance with &uslim >aw# the father is bound to maintain his daughter until she is married 8&ulla9. The fact that the mother has the custody of the daughter till the latter attains puberty does not relieve the father of his obligation to maintain the daughter 8&ulla9. If the father is poor# but the mother is in easy circumstances# the mother has the obligation to maintain the daughter 8&ulla9. But a father is not bound to maintain a daughter who is capable of being maintained out of her own property. ( &uslim mother is entitled to maintenance from her son if she is poor or if the son is financially solvent 8&ulla9. ( &uslim husband is bound to maintain his wife so long the wife remains faithful to him and obeys his reasonable orders. If the wife refuses herself to her husband without any lawful e)cuse and deserts her husband or otherwise willfully fails to perform her marital obligations she has no right to claim maintenance from the husband. But if the wife refuses to perform her marital obligations on the failure of the husband to pay the prompt dower the husband will not be absolved of his liability to maintain his wife 8&ulla9. ( &uslim woman in the event of divorce is entitled to maintenance by the husband till the e)piry of the period of IddatKCL. ( &uslim male maintains his daughter as best as his means permit and a husband also maintains his wife to the best of his ability so long the relationship remains good# but if the relationship is estranged# the condition of the wife is very difficult. The social milieu and cumbersome court procedure made it difficult for the wife to have maintenance through 2ourt. &uslim 4amily >aws Ardinance# .CJ. tried to evolve a procedure through which the wife can easily have her remedy# but it has not produced any appreciable improvement. The 4amily 2ourts Ardinance# .CI # however# has been promulgated to deal with divorce and related matters and provisions have been made to dispose the cases of within the shortest time possible. ( &uslim widow is essentially dependent on her son# for# generally even her share in the property of her husband remains in the hands of the son and ironically enough# her fate depends upon the attitude of the daughter5in5law. But if the widow has no son to depend upon the relations of the husband= her condition in most cases is miserable.

:. @uardianship of children In the matter of guardianship of children# a &uslim woman is definitely at odds. /nder &uslim >aw# the mother is entitled only to the custody of the person of her minor child up to a certain age according to the se) of the child. But she is not the natural guardian either of the person or property of the child= the father alone# or if he is dead# his e)ecutor is the legal guardian. Some %urist points out 6In Islam a careful distinction is made between being entitled to the custody of ones children and being their guardian one would be tempted to compare the difference between these two concepts to the difference between possession and ownership. In any event# in &uslim >aw# the mother is never entitled to the guardianship of her children. *owever# a mother is always entitled in the first instance to the care and custody of her young children. *er sons she may keep till they are seven# and her daughters till puberty. The father is responsible for their maintenance during that period. ( mother may lose custody of her children# particularity her daughters# if she re5marries a stranger# someone that is# who is not barred to the children by the rule of consanguinity. These are the basic rules# but they have been modified# not only by the @uardian and Wards (ct# but there is also a fairly substantial amount of case5law on the sub%ect# which on the whole has been very sane. 6 It is laid down by the @uardian and Wards (ct# .IC! that the courts have stated that these provisions are for the benefit and protection of the child# and that it is the courts paramount duty to consider the welfare of the children over the rights of the parents. K.!L (ccording to Some %urists again stated that# 6Thus remarriage of the mother outside the permitted degrees has not been held an absolute reason for depriving her of the custody of her children. The children having been all along in the custody ceased# it was still considered advisable to let them continue in her care and control# as the father had re5married and it was felt that the childrens interests would not be so well looked after by their stepmother. The father is only free from the burden of maintaining his children where they are being withheld from him illegally. The mothers poverty is never a sufficient reason to deprive her of her right to the custody of her children.7 K..L /nder the @uardian and Wards (ct# further# a mother can always apply to the court to be appointed the guardian of her children. :.J 4indings An the basis of the above discussion# probably it is a bit too strong to say that the law actively# in all spheres# denigrates women# but it certainly does not elevate them. ,iscussing the law of maintenance of wives under &uslim >aw# 0aimuddin (hmed writes# - In Bangladesh# the law# as it is# cannot probably rescue &uslim wives from# first# being abandoned and then being divorced and left with a life5time of indigence by arbitrary# capricious and whimsical husbands.7K.-L The weakness in the &uslim 4amily >aw Ardinance .CJ. is that not only is the second marriage not made void# but that the right of unilateral divorce is not effectively curbed# so that any woman opposing her husbands remarrying# in a system where there is no alimony for a divorced woman# and where she will rarely have been given an appropriate education to enable her to earn her own living# runs the risk of

destitution. It is true that the social attitude contributes to this dismal state of affaires# but the situation can considerably be improved by reform of law. When the 2onstitution professes equality of women with men# the need to review and revise the law to ensure fundamental rights to equality hardly requires any emphasis. 0ot only that he law should be revised# but its enforcement should be made easy# speedy and similar so that the women can get some benefit out of whatever the law is offering. /nless the law itself along with the procedure for its enforcement is changed# the position of &uslim women in Bangladesh will continue to remain sub%ect to such humiliating condition because of erroneous concept of law# of womens position in society and also of humanity as a whole. It may be mentioned here that the various womens organisations# namely the &ahila Farishad# Womens >awyers (ssociation and the 2ommittee for $esistance to Niolence to Women and Social In%ustices are working seriously towards reformation of >aw as well as speedy ad%udication of the same. Ane of the results of long struggles of women in Bangladesh is the promulgation of the 4amily 2ourts Ardinance# .CI # the 2ruelty to Women 8,eterrent Funishment9 Ardinance .CI: and the ,owry Frohibition (ct# .CI!. Women are being more and more conscious about their religious# social# economic# political as well as legal position and are showing quite a considerable interest in working towards a more egalitarian and %ust situation. 2*(FT'$5+ +.. Its affect on the empowerment of muslim women The &ahr?,ower 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 e)ercise by the husband of his unlimited power of divorce. ,owry is a new phenomenon for the &uslim communities in Bangladesh# with enlarged effects after independence. 4or the *indu 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 %amai ador or special affection shown to the bridegroom has been transformed to the shape of daabi or demand by the bridegrooms. 'ven poor men are taking this chance of e)ploiting the brides 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. +.- The right of ,ower8&ahorana9 (llah says in the Quran< 6Wa aatoo an5nisaaa saduqaatihinna nihlatanH (nd give the women their dower with a good heartH 6 This verse is addressed to the husband because it is their responsibility to pay the dower. This verse shows that the dower must be given to the wife and should not be given to the guardians. There are other verse which shows the obligation to pay dower to the wife.

$egarding dower there are : different views. Ane is that in its incidents it is similar to ,onatio propter 0upteas of the $omans. Second that it is given by the husband to the wife as a mark of respect= and Third that it is a device to control the unfettered power of the husband to divorce his wife. (ccording Islamic law where there is a marriage there is a dower. It is a bridal gift. It is a token of respect to the bride. +.: >aws on ,ower Frompt ,ower becomes payable immediately after the marriage and must be paid on demand. The wife claiming the prompt dower stands as an unsecured creditor. If the prompt dower is not paid she could refuse to stay with her husband and also can take legal action. In 0uruddin (hmed v. &asuda 3hanam it was held that prompt dower may be considered a debt always due and able to be demanded and payable upon demand. The wife is under the &uslim law entitled to refuse herself to her husband until and unless the prompt dower is paid. Where the wife felt that possible way to win or retain the affection of her husband was to act on his suggestion and to remit the dower. It was held that she did not act as a free agent and it would be inequities to hold that a woman who remits dower in such circumstances is bound by it. It was held in the case of $ahim 1an v. &d. that the wife can refuse to live with her husband if dower is not paid on her demand and consummation does not affect this right of the wife. But after cohabitation# the proper course for the court is to pass a decree for restitution of con%ugal rights conditional on payment of prompt dower this was held in the leading case of (nis Begum v. &d. Istafa Wali 3han. In $abia 3hatoon v. &uktar (hmad It was held that the right of refusing herself is lost on consummation. Thus if the husband files a suit for restitution of con%ugal rights before consummation nonpayment of prompt dower is a complete defence. ,eferred ,ower becomes payable at the termination on dissolution or marriage either by death or divorce. If by divorce than dower can be recovered by compromise or suing in the family court. If by death than dower can be recovered from her husbands estate ? compromise ? suing. Islamic law does not fi) any ma)imum amount of dower# but makes it obligatory for the husband to pay whatever amount has been specified and whatever amount is assessed if not specified. 4i)ing of e)cessive amounts of dower is being used in South (sia as a means to control and check the husbands unilateral and unlimited power of divorce# as he has to pay the full amount of dower at the time of divorce. But it also acts as a status matter# in which case there is not intention to pay the stipulated amount in full. (ttempts have been made to curb the fi)ation of e)cessive amounts of dower in India which go against the interests of &uslim women# but no similar provision has been made in Fakistan or later in Bangladesh. There has been some confusion over dower and dowry after the ,owry and Briadal @ifts 8$estriction9 (ct of .CDJ in Fakistan# but this has now been clarified. +.+ The real scenario It was found in a study of the metropolitan city of ,haka that II" of &uslim wives did not receive any dower at all. If this is the situation in the capital city# one can anticipate an alarming situation in the rural remote areas. Why are women not receiving their legal right of dowerG To inquire into this one has to probe into the causes for not giving dower. *ere the same causes for which the women in Bangladesh are being

subordinated come in# as women are dominated in the patriarchal family and in the wider socio5religious arena. What needs to be ascertained here# in particular# seems to be whether the womens right to dower is being enlarged or reduced by local customary conventions. +. ,efining dowry There is considerable debate what constitutes dowry in its various forms. The confusion is more acute as in the societal conte)t dowry is differently defined than in anti5dowry law. In a patriarchally dominated social conte)t dowry refers to property given to the bridegroom and his family but the anti5dowry law regards it as the e)clusive property of the bride. The modern phenomenon of dowry# property given or agreed to be given to the bridegroom or his relatives# does not tally with the earlier concepts of bride5price and with the customary concepts of giving property to the bride herself. ,owry and bride price have received substantial attention in the anthropological literature. In fact# there is now a large volume of ethnographic and theoretical literature on dowry and bride5price. &uch of this literature concerns the problems of the wide5spread switch from bride5price to dowry as marriage pre5 stations. +.J Autgrowth of dowry The modern phenomenon of dowry in South (sia is its abuse as an inducement for a man to marry a woman or# with the same effect# demands of dowry payments by a man or his family. The result is a tendency to regard it as a groom5price# which is distinguished from the traditional kanyadan 8gift of the virgin9 or bride5wealth. This modern feature of dowry means the transmission of large sums of money# %ewellery# cash# and other goods from the brides family to the grooms family. The emergence of dowry and the switch from brideprice have been e)plained by some authors as the cause of the decline of the earning capabilities and productivity of women. (ccording to this view the system of dowry is closely linked with womens role in productive activities. Where women are regarded as an unproductive burden# a dowry is given to the bridegrooms side to compensate them. *owever# the present spread of dowry cannot be e)plained only with variables like non5participation of women in economic activity. +.D The confusions The dowry system is not recognised in the religion or the law of the &uslim societies but has spread into it. 2onversely# Islamic law provides dower to enhance the status of women. Why should &uslim women# who are supposed to be protected by dower# become victims of dowryG It is important to note that until now authors confuse dower with dowry. Ferhaps the aspect of womens property or stridhanam in *indu law and dower as the e)clusive property of the wife are seen as synonymous. When dowry is regarded as stridhanam or pre5mortem inheritance for women# contradictions arise and the equation of dowry with stridhanam has been disputed by several authors. They argue that the situation is absolutely reverse# as dowry is not a gift to the wife or her e)clusive property but the property of her in5laws. The anti5dowry law stated that property given as dowry belongs to the wife but later on amended the law. *owever# the misconceptions still lingers on that she has been paid dowry than why should she be a part and parcel of the successionG Thus# the recent emergence of dowry among Bangladeshi &uslims is more due to simple greed and comer

canali;ation of marriage than the impact of traditional culture# the urge of hypergamy and the undermining of the womens productive role. The impact of men coming into contact with a wider cash economy by going abroad has also been shown to be a significant variable for their raised e)pectations in marriage. +.I 2urse of dowry ,owry deaths are a common phenomenon in South (sia. These deaths of women are usually caused by the same persons who are legally and socially supposed to protect them# i.e. their husband or in5laws. It has been rightly pointed out that dowry deaths are gruesome reminder of the authoritativeness of patriarchy. In one study# dowry demands have been identified as one of the ma%or causes of murder of women in Bangladesh. The authors have established their finding by a table gathered from different media sources# showing that almost !" of all murders of women in Bangladesh in the years .CI:5.CI+ were for dowry causes. +.C >aws on dowry India was first in South (sia to make an attempt to control the dowry problem by passing the ,owry Frohibition (ct of .CJ.. Subsequently# Fakistan made relevant legislative enactments# which significantly were only applicable for the Western wing of the country. (fter independence in Bangladesh the problems of dowry became so horrendous that activist women and some enlightened males were demanding legislation to stamp out this social evil. It was not considered right to treat women as a commodity to be transferred in marriage for consideration of property and money when the religious and official family laws did not regard women as chattels. &oreover# the 2onstitution of Bangladesh apparently provides se)ual equality. The commodisation of women was seen as neo5patriarchy# which should not be tolerated any longer. /nder such pressure# the government passed the ,owry Frohibition (ct of .CI!. The real need of women in Bangladesh is to be protected from violence and economic deprivation. ,owry problems involve both aspects of the need# i.e. freedom from economic deprivation and violence. ,emands for reforms to control these problems were already made earlier and the ,owry Frohibition (ct# .CI! and the 2ruelty to Women 8,eterrent Funishment9 Ardinance# .CI: were enacted in response to growing evidence of cruelty against women. $ecently a more comprehensive enactment 8the $epression (gainst Women and 2hildren 8Special 'nactment9 (ct )viii of .CC has repealed the 2ruelty to Women 8,eterrent Funishment9 Ardinance# .CI: and enhanced the punishment. &ore recently The Women and 2hildren $epression Frevention 8Special Frovision9 (ct -!!! e)aggerated punishments in most cases upto death penalty for crime against women and children. We need to assess whether these legislation has been beneficial to women and seek to find out whether women are actually able to use the legal remedies available under these new statutes. +..! 2oncluding remarks ,owry deaths are a common phenomenon in South (sia. These deaths of women are caused by the same persons who are legally and socially en%oined to protect them# i.e. their husbands or in5 laws. It has been rightly pointed out that the dowry deaths are a gruesome reminder of the authoritativeness of patriarchy. >egislation and other 0@A intervention cannot stamp out this social evil unless there is a shift in the attitude of the people of South (sia.

(s the roots of the problem of dowry appear to be social# remedies can only be achieved by changes of attitude in society= this can be attempted by legislation# but will need to be supported by education and legal awareness. The parents of a bride should understand that by giving dowry they may not be giving their daughter any happiness= it has been claimed that it is only increasing her misfortune. The parents of the bride are not in fact giving the dowry to their daughter but to their son5in5law and his family= this increases greed for more dowry. Farents should rather safeguard their daughters from economic deprivation and violence by educating them about their rights within marriage as the dower right. 2*(FT'$5 .. ,evelopment of women rights in Bangladesh Bangladesh is a parliament democracy# with broad powers e)ercised by the Frime &inister Sheikh *asina# leader of the (wami >eague# was Frime &inister until parliaments term of office e)pired in mid51uly. ( caretaker government was installed in accordance with constitution procedures and overview the national elections. Frime &inister 3halada Oia# the leader of the Bangladesh 0ational Farty 8B0F9# came to power in election on october. deemed to be free and fair by international observer. Folitical campaigns and the Actober election took place in a climate of sporadic violence and isolated irregularities. (ll of the ma%or 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 %udicial officers full under the e)ecutive# and are reluctant to challenge government decisions. The official secrets (ct of .C-: can protect corruption government officials from public scrutiny# hindering the transparency and accountability of the government at all levels. The *ome affairs ministry controls the police and paramilitary forces# which have primary responsibility for internal security. Frimarily due to the polices accountability to the e)ecutive# 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. Folice 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. (nnual per capita income among the population of appro)imately .C.- million is appro)imately P:I!= the economic growth rate during the last fiscal year was appro)imately J percent. Slightly more than half of all children are chronically malnourished. (ppro)imately J percent of the work force is involved in agriculture# which accounts for for one5fourth 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. 4oreign investment has increased significantly in the gas sector and in electrical power generation facilities. Bangladeshs estimated over . ! million inhabitants are C! percent &uslim. The country has a secular legal system# though on issues of inheritance and marriage# &uslims follow Sharia law.

6To bring changes to the narrow political culture# :: percent womens representation must be ensured by any means#7 said (yesha 3hanam# president of the 0ational Womens (ssociation# 7the government will initiate a process to abolish all laws that discriminate against women7 (ccording to Sultana 3amal# a former adviser to the government and now head of the 2entre for >aw and (rbitration# a legal aid non5governmental organisation 80@A9# the 0W,F failed to mention anything about the /0 2onvention on the 'limination of all 4orms of ,iscrimination (gainst Women# the uniform family code# or the equal right of women to inherit property.Women in different religions get different shares of properties Q equal in some religions and less in others. Aur demand was to formulate a uniform family code giving women equal rights. The issue was not made clear in the policy. .- Folitics Women have been more politically stable in the last two decades. ( quota has ensured womens presence in the local government and 0ational Farliament. (mong women politicians# the older group entered politics through social work# while some among them and the new generation of have emerged from student politics. ,espite many odds# statistics and analyses reveal a slowly growing trend towards womens political participation. *owever# 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 influence. This acts as a further constraint on womens 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. .: Folitical Farties Farty affiliation depends on membership drives and on the organi;ational and electoral needs of each party. The actual number of women members in different political parties# however# cannot be determined# since gender5specific records are not maintained. 0evertheless# a slow trend towards womens greater participation has emerged over the decade. (s party workers# women render valuable contributions in the mobili;ation of voters# especially among other women. (lthough 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. *owever# 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. Ance placed in the position of leadership# they were able to generate their own dynamics and momentum to lead their parties through difficult times. 0evertheless# their close and inner circle of advisors mostly consists of men. In occupying the role of a leader in public life# they have perhaps contributed to liberali;ing values in a predominantly &uslim culture where traditionally men had e)clusive prerogative in politics. They played a crucial role toward democrati;ation 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.

5.4 Electoral process

(lthough women do not hold key positions during the electoral process# they render significant contributions during election campaigns by taking part in organi;ing public meetings# processions# and rallies. Women leaders and party workers engage in the task of mobili;ing 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. ,uring the general elections of .CC. and .CCJ# and local level elections in .CC: and .CCD# the level of enthusiasm among women to e)ercise their voting rights was very encouraging. Because of the special arrangements and security measures taken by the @overnment# there were few disturbances and the presence of women in polling centers was significant. . >ocal @overnment Women were first elected to local bodies in .CD:. The /nion Farishad 'lection of .CCD is a milestone in the history of political empowerment of women in Bangladesh. The @overnment of Bangladesh enacted a law for direct elections to reserve seats for women in local level elections. In .CCD through an (ct# the @overnment reserved three seats for women in the union parishad where women members are elected from each of the three respective wards. (part from the reserved seats women can also contest for any of the general seats. Freviously# the process of selection of the women representatives was on the basis of nominations and?or indirect election. (round .-#I-I women were elected as members in the .CCD local level elections. ( total of -! and ..! women were elected as chairpersons and members# respectively# for general seats. The @overnment has already issued different e)ecutive orders to ensure women members participation in various decision5making committees. The ma%ority 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# immuni;ation# handicrafts# relief activity# and shalish 8mediation in the village court9. The women representatives have the potentials to become change agents for rural women and various 0@As. ( few government institutions such as the 0ational Institute of >ocal @overnment are training women on various development5related issues# legal aid# and organi;ational structure of local bodies and their roles and functions to enable them play their role effectively.

5.6 Cabinet and Public Ser ices

(lthough two women Frime &inisters have headed the @overnment during the last si) years and the leaders of the opposition in Farliament were also women# this does not reflect the gender composition of participation and decision making at the highest policy level. (t the ministerial level# womens representation has never risen above : percent. Before .CCJ# women were never given full responsibility over any important ministry. (part from being Frime &inister# others were state or deputy ministers responsible for insignificant ministries such as 2ulture# Social Welfare# and Women. 2urrently one woman &inister# who had become a &ember of Farliament in

.CC. and .CCJ through direct elections# is responsible for a ministry# i.e.# (griculture. (nother woman minister is responsible for the &inistry of 4orest and 'nvironment.

5.! "iolence $o%en

women.

a#ainst

Niolence against women is difficult to quantify because of unreliable statistics# but recent reports indicated that domestic violence is widespread. ( report released by the /.0. Fopulation 4und in September asserted that +D percent of adult women report physical abuse by their male partner. The @overnment# the media# and womens rights organi;ations have fostered a growing awareness of the problem of violence against &uch of the violence against women is related to disputes over dowries. (ccording to a human rights group# there were I. dowry5related killings during the year. *uman rights groups and press reports indicate that incidents of vigilantism against womenQsometimes led by religious leadersQat times occur# particularly in rural areas. These include humiliating# painful punishments# such as the whipping of women accused of moral offenses. (ssailants who fling acid in their faces disfigured numerous women. Ane human rights organi;ation reported that .I. women suffered acid attacks during the year. The most common motivation for acid5throwing attacks against women is revenge by a re%ected suitor= land disputes are another leading cause of the acid attacks. 4ew perpetrators of the acid attacks are prosecuted. Aften the perpetrator flings the acid in through an open window during the night# making cases difficult to prove. Some arrests have been made# and one person has been given the death sentence. The law prohibits rape and physical spousal abuse# but it makes no specific provision for spousal rape as a crime. ( total of :# .J rapes and :# -: incidents of spousal abuses were officially reported during the year. Af the spousal abuse cases# -#I.+ were related to disputes over dowry. Af the -#.:! alleged rapists that were prosecuted# J: persons were convicted. The @overnment reports that other rape cases are under trial. ,uring the year# the @overnment acceded to the /.0. Aptional Frotocol to the 2onvention on the 'limination of (ll 4orms of ,iscrimination (gainst Women. The @overnment also has enacted laws specifically prohibiting certain forms of discrimination against women# including the (nti5,owry Frohibition (ct of .CI!# the 2ruelty to Women >aw of .CI:# and the Women and 2hildren $epression Frevention (ct of .CC # which was replaced by the Women and 2hildren $epression Frevention (ct of -!!!. *owever# enforcement of these laws is weak# especially in rural areas# and the @overnment seldom prosecutes those cases that are filed. (ccording to a human rights organi;ation# there are D government5run and .: privately run large shelter homes available for use by women who are victims of violence. Some smaller homes also are available for victims of violence. *owever# these are insufficient to meet victims shelter needs. (s a result# the @overnment often holds women who file rape complaints in safe custody# usually in prison. Safe custody frequently results in further abuses against victims# discouraging the filing of complaints by other women# and often continues for e)tended periods during which women often are unable to gain release.

There is e)tensive trafficking in women for the purpose of forced prostitution within the country and to other countries in (sia.

5.& Education and E%plo'%ent

4or the most part# women remain in a subordinate position in society# and the @overnment has not acted effectively to protect their basic freedoms. >iteracy rates are appro)imately -J percent for women# compared with +C percent for men. In recent years# female school enrollment has improved. (ppro)imately ! 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. &any 0@As operate programs to raise womens awareness of their rights# and to encourage and assist them in e)ercising those rights. /nder the .CJ. &uslim 4amily Ardinance# female heirs inherit less than male relatives do# and wives have fewer divorce rights than husbands. &en are permitted to have up to four wives# although this right rarely is e)ercised. >aws provide some protection for women against arbitrary divorce and the taking of additional wives by husbands without the first wifes consent# but the protections generally apply only to registered marriages. &arriages in rural areas often are not registered because of ignorance of the law. /nder the law# a &uslim husband is required to pay his e)5wife alimony for only : months# but this rarely is enforced. 'mployment opportunities have been stronger for women than for men in the last decade# which largely is due to the growth of the e)port garment industry in ,haka and 2hittagong. 'ighty percent of the ..+ million garment sector workers are women. Frograms e)tending micro5credit to large numbers of rural women also have contributed to greater economic power for them. *owever# women still fill only a small fraction of other wage5earning %obs. (ccording to a report by the Fublic (dministration $eforms 2ommission publici;ed in Actober# women hold only .- percent of government %obs# and only - percent of senior positions. The @overnments policy to include more women in government %obs only has had limited effect. In recent years# about . percent of all recruits into government service have been women. The garment and shrimp processing industries are the highest employers of female laborers. 4orty5three percent of women work in the agriculture# fisheries# and livestock sectors# but D! percent of them are unpaid family laborers. &any women work as manual laborers on construction pro%ects as well# and constitute nearly - percent of all manufacturing workers. Women also are found in the electronics# food processing# and beverage and handicraft industries. C(apter-6 J.. Aver view in 0epal (ccording to 0epal governmental thrives to bring positive changes to the present social structure and thereby improve the status of women in 0epal. Fersonalities dedicated to *uman $ights# social %ustice and development initiatives for more than a decade have consolidated human resource and synergy in the organi;ation. 0epal governmental organi;ation that aims to nurture marginali;ed groups and especially for the reali;ation of womens rights# gender equality through advocacy# pressure and partnership and

assistance. 0epal intends to raise awareness for womens empowerment through sustainable peace# good governance and human rights to encourage women to enter into the institutional development to establish an equitable society in 0epal. @overnment of 0epal proclaims its purpose with strong commitment to empower women in order to stand on equal footing with men in society. It has embarked on programs on Womens Social# 'conomic and 2ultural $ights Fromotion# Womens 2ivil and Folitical $ights Fromotion# SolidarityBuilding among *uman?Women $ights Argani;ations and (ctivists# Fro5Women Folicy# Feace R $econciliation and Institutional ,evelopment to shape a balance in the society from the grassroots to the national and international level through an incessant implementation of such programs in 0epal. )oals*

.. -. :. +. . J. D. I. C.

Institutionali;ation of the advocacy process for ensuring the womens rights. Fromotion of peace and good governance to strengthen democracy. Institutionali;ation of 1agaranK.:L0epal as a national resource organi;ation for womens rights.

+b,ecti es*
To enhance the capacity of people and to ensure socio5 economic civil and political rights. To build solidarity among human rights organi;ation and activists for lobby and advocacy in ensuring womens economic# social # cultural and political rights. To promote pro5e)cluded group# class# community 8especially women9 policy?planning at local?central governance political parties and civil society organi;ation. To promote culture of peace from local to national level. To built image of 0epal as a womens rights organi;ation. Strengthen 0epal enough to become a self reliant institution. To address emerging women issues through women perspective.

-a,or Pro#ra%s o. +r#ani/ation*

Womens Social# 'conomic and 2ultural $ights Fromotion Frogram Womens 2ivil and Folitical $ights Fromotion Frogram Feace R $econciliation Frogram Fro5 Women Folicy R @overnance Frogram Solidarity?0etwork Building among *uman? Women $ights Argani;ations and (ctivists Institutional ,evelopment Frogram (dvocacy and >obby ,evelop I'2 &aterials and Its ,issemination (ddress emerging women issues as aid effectiveness# global warming# poverty# food security# environmental degradation# trade debt etc. from women perspective.

-a,or Ac(ie e%ents o. t(e +r#ani/ation* @overnment of 0epal has been continuously putting in the ma)imum effort for women perspective?gender equality social transformation since its inception. In course of such continuous endeavor in its work# the following ma%or achievements are highlighted< Frogram<

Success in reaching its activities in all the five development regions - districts along with formation of its organi;ational structure. They are working in . districts in the field of political women leaders enhancement and more than !! women political leaders have been benefited.

Working in the field of *IN?(I,S and Niolence against Women. (bility to work during the conflict situation and playing an important role in 1anaandolan5II. Working in undeveloped# poor and geographically challenged areas. $eali;ation of work on current issues relating to women rights as aid effectiveness# global warming# poverty# food security# environmental degradation# trade debt etc. (round -!!! women have directly and around :!!! women have indirectly benefited from women rights awareness programs initiated in .! different districts. The women groups are being able to collect the deposit of $s .# !!#!!!5+# !!#!!! through the economic empowerment program. In girl child education program# conflict affected children and deprived class girls benefited and more than . ! girl child got chance to study in the schools. To give pressure to the concerned authorities in ensuring at least ::" women representation at all state mechanisms# we manage to organi;e a signature campaign and more than collected from .+ districts. ! thousand signatures were

0esson 0earned*

Folitical

Instability

hampers

all

development

work

in

commencement.

Argani;ational Infrastructure is the key to initiate the program effectively. Skilled human resource is to be developed for initiating any endeavors meaningfully. Folitical parties leaders are to be updated on international treaties# provisions and laws to work for women rights issues and gender issues. The governance of any organi;ations should be maintained effectively. Fatriarchal social structure is still pravailing in our society which hampers to ensure women rights. 0eutrality should be maintained for broader perspective.

Hi#(li#(ts

o.

So%e

E%er#in#

Pro#ra%s*

$elying on the vision# mission# goal and ob%ectives of the organi;ation# 0epal works for contemporary issues arising nationally and internationally. The emerging issues are=

Women issues and constituent assembly process (id effectiveness and its effect on womens social# economic# political and cultural development. @lobal warming and its effect on women Foverty# food security and environmental degradation and its effect on women Trade debt and its impact on women

J.- Averview in Fakistan The women in Fakistan have been constantly complaining of having being isolated from the mainstream of society. Women feel disillusioned on being maltreated by the male5oriented set up in Fakistan. They strongly claim that if they are given a chance# they can contribute more positively towards the development of all social aspects. *owever the Fakistani society usually adopts a hostile attitude towards the women. Their development in society is hindered due to many factors. Farticularly the rural woman has to sustain# sometimes# unbearable dominance by the other sections of society. 0umerically the women in Fakistan are almost equal to men. They are equal in potential as the men. The Fakistani women live in the most diversified location of the tribal# feudal or urban environments. She can be a highly qualified and self5confident professional or a diffident peasant toiling along with her men5folk.

Women in Fakistan observe SFardha while coming out of domestic environs or mi)ing up with other sections of society. SFardha# or veil# is meant to segregate the women5folk from the male section of the society. The women are not prohibited from working but at the same time are supposed to observe strictly the rules of morality. ,ue to pardha system# most of women 8particularly of low education9 have to take up work at home. They involve themselves in knitting# dressmaking# embroidery# etc. In the areas like 0W4F and Balochistan# life is governed and regulated by strict beliefs and behavioral patterns. ( woman has no say in any aspect of her life# including her marriage. In the populated provinces of Sindh and Fun%ab# a woman may keep her connections with her family after marriage. She e)pect support from her brothers and father in case of separation and divorce from her husband. In Fun%ab and Sindh# women are seen working in the fields with their men5folk collecting fuels and in some cases working on the construction sites shifting material from one place to another. &ost of women in rural areas have to bear double burden of domestic and outside work. They are the first to rise and last to bed. They lit the fire to prepare breakfast# wash the utensils and clean the house before setting out on their outside work. When every member has ridden the bed after completing days work# they are engaged in working. (lthough the conditions of women in urban areas are better than those of the rural women# yet the old traditions and religious restraints have hindered the independent and free movement of the women. Fakistan is the first country in the &uslim world that has elected a woman as its prime minister twice. J.: Averview in India India# with a population of CIC million# is the second most population country of that number= .-! million are women who live in poverty. India has .J percent of Indias population currently derive their live hood from land resources# which includes I+ percent of the economically5active women. India is one of the few countries where males significantly outnumber females# and this imbalance has increased over time. Indians maternal mortality between ages one and five and high maternal morality rates result in a deficit of demands in the population. 2hatter%ee8.CC!9 estimates that deaths of young girls in India e)ceed those of young boys by over :!!#!!! each year# and every si)ty infant death is specifically due to gender discrimination# of the . million baby in India each year# nearly - percent will not live to see their .
th

birthday.

6(lthough India was the first country to announce an official family planning programe in .C -# its population grew from million in .C . to I++ million in .CC.. Indias total fertility rate of :.I births per women can be considered moderate by world standards. But the shreer magnitude of population increase has resultin such a felling of urgency that containment of population is growth is listed as one of the si) most important ob%ectives in the 'ights five5year plan. Since .CD!# the use of modern contraception methods has risen from .! percent to +! percent# with great variance between northern and southern India. The most sticking aspect of contraceptive use in India is the

predominance of sterili;ation# which accounts for more than I percent of total modern contraception use# with female sterili;ation accounting for C! percent of all sterili;ations. The Indian constitution grants women equal rights with men# but strong patriarchal traditions persist# with womens lives shaped by customs those centuries old. In most Indian families# a daughter is views as liability# and she is conditioned to believe that she is inferior and subordinate to men. Sons are idoli;ed and celebrated. &ay you be the mother of a hundred sons is a common *indu wedding blessing. The origin of the Indian idea of appropriate female behavior can be traced to the rules laid down by &anu in -!! B.2< 6by young girls# to young women# or even by an aged one# nothing must be done independently# even in her own house7. In childhood a female must be sub%ect to her father# in youth to her husband# when her lord is dead to her sons# women must never be independent.7 ( study of women in Swayam Shikshan Froyog8SSA9# based in -! villages in four district in &aharashara state was introduced in this way. C(apter-! D.. 2ritical discussion ,iscrimination against women is a common phenomenon throughout the world and Bangladesh is no e)ception in this regard. The society has been advanced# womens society has been advanced as well# yet the women are remaining deprived. (ccording to the 2onstitution of Bangladesh 8.CD-9# both men and women are supposed to en%oy equal freedom and rights. Eet# the government has not followed the constitution. We are fighting for the establishment of democracy and democratic practices since long. We want to form a transparent# democratic and parliamentary state where the active participation of women should be ensured in case of running the state. &oreover# womens participation needs to be ensured in every level of policy making process and in all elections as well. (nd for doing so# womens participation in every type of activities of the political parties should be ensured also. (ccording to 1ustice @olam $abbani said# religious obligations always keep the women aloof from the society. In the political arena# religion is being used as a tool to put obstacle in the way of womens political empowerment. *e e)plained about different articles of different laws of the country which are related to discrimination against women# marriage# divorce# polygamy etc. *e added his personal e)perience in this regard and said that he recommended banning 4atwa while he himself was a 1udge# but it could not become effective due to resistance from the fundamentalist. *e said that the fundamentalists include religion into politics and try to use religion as a weapon# which is totally against religious ideas. Supporting B&Fs demand about enacting the /niform 4amily 2ode# 1ustice $abbani said# this law will be a unique step towards ensuring gender equality as there is the provision for equal opportunities for all in the proposed law. D.- $ecommendations Niolation of woman rights and dignity is a common feature throughout the world and as well as Bangladesh. In the era of modern civili;ation women are depriving from their equitable honor and position in the society. ,eaths of women for the cause of dowry are the common phenomenon in our country by the same persons who are legally and socially en%oined to protect them# i.e. their husbands or in5 laws.

,iscrimination against woman in respect of service# salary# position# dignity is widely practicing in the society. There should be an end of this status of the women. 4or this we like to propose the following recommendations for the protection of the women rights. It has to be acknowledged first that women are contributing to development and economic growth of a country until and unless participation of women in public spheres and design in such a manner to participate women in development activities of a country. There is discrimination against women everywhere and it is a long term task and it cannot be removed by laws only. The attitude of society towards women needs to be changed. D.: Scope for further study
.. ,ower system is essential part of marriage. The some amount of money the husband is bound to give his wife# but actually most of the woman does not get the dower at the time of marriage or after marriage. So it is an important question to our society for the easy reali;ation of dower. An this point further study need. -. Inheritance R &uslim Womans $ight is not good enough because woman do not get equal property form father. *ere is noted that after death father woman get few property which is against of the natural %ustice. That is why# how the woman can get equal property compared with her brother# about this point need further study.

D.+ Conclusion Women are the part and parcel of the society they are the nerve of the society also. We cannot deny their role in the global society. We cannot deny their role in the global society. We cannot imagine a body without a heart< similarly it is impossible to think a society without women. Aur day to day practice it is impossible to think a society without women. Aur day to day practice observations seen that in every step of people and they cannot en%oy their rights property. Their right were violated in while world not only Bangladesh and there is no settled remedial method. ,iscrimination of women is global problem# not only Bangladesh but all over the world.