Gender Discrimination in Bangladesh

INTRODUCTION
Gender issue generates forever in the world and all societies. Patriarchy dominates over the
female all over the societies for all the times. Gender discrimination to women is a common
discussale thing that means factually it a!!ears on female" ut actually it a!!ears male and
female e#ually. $emale always suffering y gender discrimination it is not true" male also
suffering y it. It is unavoidale that" genders are discriminated y !hysical or mental fertility.
Gender refers to socially constructed roles of and relations etween man and women" while se%
means& the iological characteristics which define humans as female or male. These iological
characteristics are not mutually e%clusive and there are individuals who !ossess oth 'i(se%ual)
Gender Relation * Gender Norms+(
Gender relation is characteri,ed y une#ual !ower" while gender norms assign+
'-).!ecific entitlements to men and women
*
'/) .!ecific res!onsiilities to them.
0%am!le+ ( 1omen might e e%!ected to ta2e on earning or domestic duties and remain close to
home.
On the other hand" men may e e%!ected to e the main readwinner" wor2ing outside the home"
with great freedom to move around on !ulic !laces.
Gender issue in wider conte%t+(
3Gender issue is not limited to women concern only& rather it should comine and fully engage
men as well as women.
3Gender e#uality im!lies that the needs" interest and o!!ortunities of oth men and women are to
e ta2en into consideration.
3e#uality to e men and women are seen oth as a human rights issue and as !re(condition for
suitale !eo!le entered develo!ment.
.o the full and e#ual !artici!ation of women in !olitical& economic" social and cultural(life" at
the national regional and international levels and the eradication of all forms of discrimination on
the ground of se% are the demand of the time for uilding a etter human environment.
-. 4I.TORIC56 75C8GROUND
4istorians who have addressed the early history of 7engal have not included gender in their
analyses of events. 4owever" the names of #ueens and occasionally of royal sisters do find their
way into these accounts ut always in relation to male !ower. $or e%am!le" there is a story that
9ueen :allahadevi" wife of the Pala 8ing dharma!ala" was anished to the forest ecause she
had not !roduced a son. In the forest" according to one legend" she was im!regnated y the ocean
and conceived a son" deva!ala. 5lthough the Palas were 7uddhists" they e%tended their
!atronage to 7rahmanism.
5fter the .enas came to !ower in the -/th century" 7rahman !riests were a fi%ture of the royal
court. 1hile the e%tent to which 7rahmanical in;unctions were followed during this !eriod is not
2nown" they included !re(!uerty marriage of rides with ridegrooms three times their age.
<ost family celerations were associated with fertility+ the girl=s first menstruation" !regnancy"
irth" tonsure" first rice and naming. .ome women" undoutedly from the highest classes" were
literate ut these women had little autonomy.
1omen had no legal or social status other than that derived from their !osition in the family"
could not inherit" e%ce!t for the widow who was allowed to >use= her husand=s !ro!erty if there
were no male heir" and had few o!tions to su!!ort themselves. 1hile women elonging to the
royal court were secluded from view" this was not true of women generally" who did not veil. It
is elieved that widows were regarded as inaus!icious" !rohiited from attending ceremonies"
and encouraged to immolate themselves on their husands= funeral !yres. It is not 2nown how
sacraments were su!!osed to e !erformed and what was considered ideal ehavior. 5ccounts of
how !eo!le lived their lives are hardly availale. 0#ually unattainale is information aout
women=s !artici!ation in economic !roduction and the im!act of changes in cro!s and commerce
on their lives.
During the first three decades of <uslim rule in 7engal the 4indu caste system was defined and
inscried on society. 1ithout a 4indu ruler to enforce social hierarchy" caste councils ecame
ariters of custom. Greater attention to caste !urity undoutedly had an effect on women=s lives
as carriers of the code. <arriage was the 2ey institution for maintaining !urity and would have
een su;ect to greater scrutiny" as would issues of !aternity.
In the -?th century" considered a >golden age= of 7engali literature" women ecome visile as
literary su;ects. The vishnu cult generated narratives" the ramayana and stories of 2rishna" and
devotional songs" with human love as a meta!hor" which featured women as heroines and o;ects
and su;ects of desire. The other ma;or genre was the mangal2avya" !oems that focused on the
worshi! of goddesses and served to connect local goddesses with the wife of shiva and hence to
the dominant tradition. .ri chaitanya initiated oth men and women and some historians have
seen this as a time when the status of women im!roved. 1omen from res!ectale families too2
!art in 2irtan !erformances" some traveled long distances as !ilgrims" and a few women initiated
disci!les. The <angal2avya was a !owerful force for !ro!agating !o!ular goddess cults as they
estalished 8amala" Ganga" shitala" manasa" .asthi and other goddesses in the !o!ular
imagination. 5 rich source for historians studying this !eriod" the <angal2avya also tell us
something aout women=s lives.
7y the late -?th century" 7engal was anne%ed y the <ughal 0m!ire and administered from
Delhi. Under <ughal rule" 7engal e%!erienced an economic oom with rice" cotton and sil2 in
demand on the sucontinent and in international mar2ets. Powerful 4indu chiefs were
incor!orated into the <ughal system with land grants and other inducements. 5t the same time"
the area under cultivation increased significantly and islam gained adherents.
$ar less is 2nown aout women in this !eriod than one would e%!ect. 4indu women who
worshi!!ed .hiva(.ha2ti ecame more involved in ceremonies with the introduction of 2ali !u;a
and durga !u;a" ut it is difficult to analyse the im!ortance and significance of goddess worshi!
for women. There are some who contend that women are em!owered through goddess worshi!
ecause they identify with the !ower of the goddess& others have !ointed out that goddesses
mainly enefit male devotees. <oreover" the dangerous and irrational side of goddesses such as
8ali and .hitala can e rationalised to e%tend control over women.
The :aisnava cult was e#ually amiguous in terms of em!owering women. :ishnu cults initiated
women" recognising their s!iritual e#uality" ut Chaitanya strictly forade his devotees to loo2 at
or tal2 to women. The em!hasis on women=s !otential for religious !iety seemed" in this case" to
e lin2ed to a dee!(seated fear and distrust of their se%uality.
The sources agree that 4indus and <uslims followed different customs ut also remar2 on those
cases where <uslims oserved 4indu customs and 4indus ado!ted <uslim customs. The
<uslim ruling class seldom rought women with them so it seems clear that wives" and certainly
female slaves" were ac#uired from 7engal. $emale slaves served in the households ut details
such as their origins or the roles they !layed in these families is difficult to ascertain. Tales of
aduction and ra!e of 4indu women aound in historical accounts ut are narrated without
detail. :iolence against women has ecome" nevertheless" the set e%!lanation for growing
rigidity in adherence to customs such as child marriage.
5lthough there were some 4indu girls who attended !athshalas and literate women 2nown for
their erudition" formal education for women was rare. The elief that education for girls
contriuted to early widowhood seems to have een wides!read and" along with the em!hasis on
early marriage and concern for female chastity" meant females who learned to read did so in the
home rather than in schools. The !revalence of child marriage meant that among 4indus there
were many child widows and they were re#uired to follow strict rules in terms of dress and diet.
It is not 2nown when 4indu women first egan !ractising !urda or seclusion" ut it was !roaly
in the !eriod etween the -?th and -@th century and lin2ed with fear of aduction and greater
em!hasis on chastity. These customs+ child marriage" com!ulsory widowhood without
remarriage" and restrictions on women=s moility were the hallmar2 of the 4indu u!!er castes"
and not necessarily followed y the lower castes. The sources say less aout <uslim women" ut
mention customs such as !olygamy and seclusion as common. 6ittle is 2nown aout education or
age of marriage.
7ritish rule rought far(reaching changes in the economic" !olitical" social and religious lives of
the !eo!le. 0arly in the -Ath century" the >woman #uestion= ecame central to discussions aout
Indian civilisation and influential 7ritish writers referred to the treatment of women in
condemning Indian religions" culture" and society as inferior.
The two ma;or communities" 4indus and <uslims" were differently affected. 5s <uslims" and
many 4indus" withdrew into defensive !ositions" some memers of the 4indu community
reacted y e%amining their own society and !ro!osing reform. $rom then on" to!ics such as sati"
child marriage" widowhood" !olygamy" and !rohiitions on education dominated the discussion
on women.
Reformers reacted to foreign writers who declared their culture >araric=" ut they were also
ins!ired y 1estern ideas and concerned with !roving Indian traditions were valid and dignified.
rammohun roy o!!osed the custom of sati and argued women=s >ac2wardness= was a
conse#uence of socialisation. Pundit iswar chandra vidyasagar devoted his life to im!roving the
status of 4indu widows and encouraging remarriage" su!!orting female education" and o!!osing
!olygamy. In -@/A" the 7ritish outlawed sati and in -@B?" the 1idow Remarriage 5ct was
!assed. 4owever" sati continued" even increased in incidence and the -@B? act had little im!act
on women=s lives. The 7ritish were the foreign overlords and their !ronouncements regarding
social customs were insufficient to effect far(reaching changes in society.
One of the ma;or to!ics of discussion among reformers was female education. In his Re!ort on
the .tate of 0ducation in 7engal '-@C?) 1illiam 5dam wrote that while 4indus elieved
education would lead to early widowhood" oth 4indus and <uslims were reluctant to educate
women ecause they feared >female intrigue=. 5t the time" female education was largely informal
and limited to !ractical matters. 1omen from res!ectale families often studied classical or
vernacular literature as >a !ious recreation=" and girls from !ro!ertied families received some
education in 2ee!ing accounts. It is im!ortant to recall that the first autoiogra!hy written in
7engali" 5mar Dian '!ulished in -@EB)" was written y Rashsundari Dei" a housewife who
had taught herself to read. <uslim girls were e%!ected to learn the #uran and some accounting
s2ills. 1hile the numer of women who were literate and ca!ale of handling accounts was
undoutedly higher than the 7ritish estimated" it is im!ossile to arrive at meaningful numers.
<issionaries egan the first girls= schools in 7engal. The 7a!tist <ission formed the $emale
Duvenile .ociety in -@-A and set u! the first girls= school. In -@/-" <iss <ary 5nne Coo2e came
to Calcutta to !reside over CF schools o!ened y the Church <issionary .ociety for >res!ectale=
4indu girls. 7y -@/G there was a Christian female school in Dha2a ut it closed in -@/?. .taffed
y 7rahman !undits" these schools were !atronised y 4indu gentlemen ut failed to attract girls
from the higher castes.
One of the most im!ortant schools for girls was the 4indu 7ali2a :idyalaya o!ened in -@GA in
Calcutta y D0 Drin2water 7ethune. 7ethune !ersuaded several !rominent families to endorse
this e%!eriment and y -@BF the school had @F !u!ils. In -@BG" the Government declared its
intention of su!!orting female education through grants(in(aid. In that year 7engal had a total of
/@@ schools for girls. Those who su!!orted female education wanted their daughters to e good
com!anions to their husands" >scientific= nurturers" and memers of civil society.
7rahma sama; led the movement for female education and e#uality etween the se%es. 7egun
early in the -Ath century y men who wanted to e%amine their religious eliefs" y the -@?FHs the
.ama; s!onsored gatherings" religious instruction" and sewing lessons for women. 1ithin a
decade .ama; memers differed on #uestions of women=s education and reform. In -@E@ it s!lit
over #uestions of >female emanci!ation= and the !rogressive ranch" the .adharan 7rahma
.ama;" estalished ethune college as an affiliate of Calcutta University. In -@@C" 2adamini
ganguly '-@?/(-A/C) and Chandramu2hi 7asu received their 75=s from 7ethune" ecoming the
first women graduates in the 7ritish 0m!ire.
It was late in the -Ath century efore the <uslim community tac2led issues of female education
and social reform. The first men who initiated this reform were memers of the ashraf who
formed the intelligentsia. They were ;oined y memers of the great landed families" ins!ired y
the wor2 of .ayyid 5hmed 8han at 5ligarh" and y memers of a new middle(class who
ac#uired wealth and !osition through usiness and administrative service. Drawing on Urdu
literature from North India" 7engali <uslims instructed their daughters to read manuals aout
ideal female ehavior. One of the est 2nown of these was 5shraf 5li Thanawi=s 7ehesti Iewar
!ulished in Urdu in -AFB and in a 7angla translation in -A/B. This oo2 was designed to guide
the >new <uslim woman= who understood the changing world" assiduously defended and
!reserved traditions" and willingly acce!ted de!endency and her houseound status. These
manuals for women" written y men" advocated education designed to add honor and dignity to
the woman=s family.
The <uslim community was also concerned with other issues that were salient among 4indu
reformers. One of these was child marriage" a to!ic commented on y <uslim reformers of the
late -Ath and early /Fth centuries. 7ut they also focused on issues uni#ue to the community+
mahr" the marriage contract" inheritance" !olygamy" and female seclusion. Increasingly" the
<uslim middle class who es!oused these reforms develo!ed a life style not unli2e that of
reformist 4indus. Nawa fai,unnessa choudhurani" the daughter of a !ros!erous landowner" set
u! the first girls= school in Comilla in -@EC ut it was not until the /Fth century that <uslim girls
studied at such schools. In the -@@Fs the <usalman .uhrd .ammilani" an association of <uslim
men who had graduated from dha2a college" advocated systematic home education for women
and develo!ed a syllaus" !rovided te%too2s and arranged for e%aminations to advance this
movement. It was ro#uiah sa2hawat hossain '-@@F(-AC/) who egan the movement to set u!
schools for the education of <uslim girls. 7orn into a landed family" Ro2eya was educated in
secret with her rother=s hel!. 4er husand continued her education" encouraged her to mi% with
>new women= from other communities" and !rovided her the money necessary to o!en a school
for girls. The .a2hawat <emorial Girls= .chool" estalished in Calcutta in -A--" was the first for
<uslim females in 7engal.
Ro2eya was also convinced of the harmful affects of !urdah and wrote aout it in her essays and
the terrifying and funny" 5arodhasini" !ulished in serial form in -A/A. 4owever much she
disli2ed the e%cesses of veiling" Ro2eya oserved its rules in her school.
7y the eginning of the /Fth century" 7engali women were forming their own organisations to
!romote social reform. saraladevi chaudhurani '-@E/(-AGB)" a memer of the Tagore family"
called for a !ermanent association of Indian women. 4er organisation" the 7harat .tri
<ahamandal" had its first meeting in 5llahaad in lAlF" ut soon develo!ed ranches in 7an2ura"
4a,ariagh" <edini!ur" and Calcutta" as well as other cities in India. One of the organisation=s
main concerns was female education and it s!onsored teachers who taught reading" writing"
music" sewing" and emroidery to women in their homes. In -A-?" Ro2eya egan the 5n;uman(i(
8hawateen(i(Islam to wor2 among disadvantaged <uslim women. 5t the same time .aro; Nalini
Dutt '-@@E(-A/B)" founder of the women=s institute movement in 7engal" organised mahila
samitis in district towns.
The -A/Fs and CFs witnessed the eginning of all(India women=s organisations that were ;oined
y 7engali women. The National Council of 1omen in India and the 5ll(India 1omen=s
Conference oth had ranches in 7engal and 7engali women served on their national councils
and committees
7engali women=s involvement in nationalist !olitics egan in late -Ath century. In -@AF" five
years after the indian national congress was founded" .warna2umari Ghosal '-@B?(-AC/)" a
novelist" and 8adamini 7asu Ganguly" one of the India=s first female medical doctors" attended
as delegates.
In -AFB" the 7ritish !artitioned 7engal Presidency and women ;oined men in !rotesting this
division y oycotting foreign goods and uying only .wadeshi !roducts. Other women too2 a
vow to devote themselves to the motherland and oserved it y every day setting aside a handful
of rice for the cause. .till other women gave their su!!ort to revolutionary organisations.
1hen .ecretary of .tate for India 0dwin <ontagu announced in -A-E the 7ritish government=s
intention of including more Indians in the governing !rocess" .arala Devi Choudhurani a!!lied
for an a!!ointment for memers of 7harat .tri <ahamandal to discuss women=s educational
needs. <emers of the newly formed 1omen=s Indian 5ssociation in <adras also re#uested an
audience. Officials informed oth grou!s that only de!utation on !olitical su;ects would e
heard. In Decemer" .aro;ini Naidu '-@EA(-AGA) from 4yderaad led an all(India delegation of
!rominent women" including .arala Devi" to meet with <ontagu and Chelmsford and re#uest the
vote for women. It was .aro;ini Naidu and .arala Devi Choudhurani who secured the su!!ort of
Congress for women=s franchise. In 0ngland" .aro;ini Naidu s!o2e to the Doint .elect Committee
and said that all Indian women" including orthodo% 4indu and <uslim women" wanted the vote.
In the end" the 4ouse of Commons allowed !rovincial legislative councils to add women to the
list of registered voters. 1omen=s organisations wor2ed for the removal of se% dis#ualification
and in -A/? !ro!ertied women in 7engal won the right to vote. They com!osed C.F J of the total
electorate.
Gandhi !layed a seminal role in ringing women" in 7engal and throughout India" into
agitational !olitics. During the non(coo!eration movement" 7asanti Devi" Urmila Devi" and
.uniti Devi" all memers of Congress leader CR Das= household" too2 to the streets to su!!ort
the oycott against 7ritish goods and were arrested. Their detention graed !ulic attention and
Gandhi urged women all over India to follow the e%am!le of these rave 7engali women.
The <ahila Rastriya .angha" egun in -A/@ y 6ati2a Ghosh ' -AF/)" was the first
formal organisation to moilise women in 7engal for !olitical wor2. That year suhas chandra
ose also as2ed 6ati2a to recruit a com!any of women volunteers to march with men in the
!rocession to inaugurate the annual Congress meetings in Calcutta. .he enlisted CFF women+
students from 7ethune College and :ictoria Institution" and teachers em!loyed y calcutta
cor!oration. The following year Calcutta women formed the Nari .atyagraha .amiti in -A/A in
res!onse to the Congress call for women to e ready to serve the nation. During the civil
disoedience movement women made and sold salt" !ic2eted cloth and li#uor sho!s" !reached
the value of 2haddar" and ;oined !rocessions.
<uslims were generally sus!icious of Congress at this time. 4owever" on the eve of the Civil
Disoedience movement" 4indus and <uslim in Calcutta ;oined to su!!ort the Carters= stri2e.
On the first day of the stri2e seven cart(!ullers were 2illed and the ne%t day" 4indus and <uslims
mourned together" while women showed their su!!ort y throwing flowers from their houses.
7ut solidarity was the e%ce!tion rather than the rule and riots" generally targeting sho!s and
mar2ets" ro2e out in a numer of cities.
5t this time revolutionary organisations were recruiting women" mostly students" to their ran2s.
There are four revolutionary women whose deeds have een valourised y nationalist historians.
.hanti Ghosh '-A-?(-A@A) and .uniti Chowdhury '-A-E(-A@@)" two schoolgirls from Comilla"
shot <agistrate .tevens to death on -G Decemer -AC-. In $eruary of the ne%t year" 7ina Das
'-A--(-A@?) attem!ted to shoot the Governor of 7engal at the Calcutta University Convocation
ceremonies. 5nd" in .e!temer" !ritilata waddedar '-A--(-AC/)" too2 !art in a raid on the
Chittagong Clu.
In district towns and villages women ;oined !rocessions" wore 2haddar" and hid fleeing
revolutionaries. 1omen from <edini!ur" /G(Parganas" 8hulna" 7a2ergan;" Noa2hali" and
Chittagong ro2e the salt laws and ravely endured !olice violence against them. It was in this
tumultuous environment that .arala Devi Choudhurani tried to organise a se!arate 1omen=s
Congress. 1omen from all over 7engal met in <ay -AC- to discuss this issue" ut in the end
stayed with the Indian National Congress.
7y -AC/ o!!osition to the government had decreased in the cities ut increased in rural areas and
among women. <uslim weavers and individuals trained in Deoandi <adrasas ;oined the
movement at this time. The Communal 5ward and Poona Pact changed the nature of the deate
since it was now clear there would e se!arate electorates for <uslims and reserved seats for the
de!ressed castes. The 4indu <ahasaha" worried aout the electoral future of 4indus" !rotested
this decision and fomented !ro!aganda aout <uslim assaults on 4indu women.
It is only in the /Fth century that detailed records of women=s wor2 are found. On the one hand"
the growth of factories o!ened the door of em!loyment for women" ut on the other"
mechanisation re!laced avenues women had for earning money. In the ;ute mills of 7engal
women were aout /FJ of the total wor2force" ut many of them were not 7engalis. 4indu and
<uslim 7engali women were hindered y !urdah restrictions and accounted for only -FJ of the
female ;ute wor2ers. The decline of female em!loyment in the ;ute mills" related to increased
mechanisation and the im!osition of laour legislation" was discernile from -ACF. 5lthough
their numers were small" women !layed a significant role in stri2es and laour disturances" as
stri2e rea2ers" and as laour leaders.
Other women found wor2 in the unorganised sector where they earned a living as maidservants"
coolies" and !rostitutes. These unregulated occu!ations flourished and continued to flourish in
the modernising uran sectors. 7eginning in the late -Ath century" educated women were trained
in the new !rofessions o!en to them+ teaching and medicine. In -@@G 8adamini Ganguly
ecame the first woman admitted to Calcutta<edicalCollege ut 7idhumu2hi 7ose and :irginia
<ary <itter were the first Indian women to graduate" com!leting their degrees in -@@A.
Cam!ell<edical.chool" offering a vernacular medical degree" o!ened its doors to women in
-@@@. <usammat Idennessa" the first <uslim woman to study medicine in 7engal" entered the
!rogramme in -@A-. .he graduated in -@AG and went on to serve as a medical doctor in
<ymensingh.
1omen were !rominent in the #uit india movement that egan in -AG/. 1hen the movement
s!read to the countryside" large numer of !easant women ;oined men in !rotesting ta%es" land
tenure" and landholder=s rights. 5t the end of .e!temer -AG/" !easants attac2ed !olice stations
and destroyed telegra!h lines in four su(divisions of <edini!ur district. 1hen !eo!le of
Tamlu2 su(division marched on the town" matangini ha,ra" a EC(year old widow" ste!!ed
forward" lifted the Congress flag" and gave her first !ulic s!eech. .he was shot first in the hand
holding the flag and then in the head.
Two 7engali women" 5runa Ganguli 5saf 5li '-AFA(-AA?) and .ucheta <a,umdar 8ri!alani
'-AF@(-AEG)" oth domiciled in other !arts of the country" ecame all(India leaders in this
movement. In -AG/ 5runa 5saf 5li went underground to organise the resistance and hinder the
war effort. .ucheta 8ri!alani also went into hiding in -AG/" ut she wor2ed to co(ordinate non(
violent activity to ring the government to a standstill.
The 7engal $amine of -AGC(-AGG caused the death of at least C.B million !eo!le and the
im!overishment and dislocation of millions more. 1omen who !reviously earned a living y
hus2ing !addy or trading in the local mar2et were de!rived of their incomes. In addition to food
shortages" women faced se%ual harassment when they sought em!loyment or hel! from relief
centres. During the famine years" women were visile oth as victims and activists. .tarving
women egged for food in !ulic !laces" while middle(class women wor2ed to !rovide relief.
India was at war against Germany and its allies" ut had not consented to this war. .uhas
Chandra 7ose esca!ed from Calcutta in Danuary -AG- and y -AGC was in .inga!ore organising
the Indian National 5rmy. In addition to uilding a conventional army" he wanted to organise a
unit of women to e called the Rani of Dhansi rigade. 7efore long he had -"FFF women recruits
and among them were a numer of 7engali women" ready to fight to death to lierate the
motherland.
The tehaga movement of -AG? fully involved women. 5mong the young Communists who went
to the countryside to organise the !easants were Rani <itra Dasgu!ta" <ani2untala .en" and
Renu Cha2ravartty '-A-E(-AAG). Rural women readily ;oined the movement" at first in susidiary
roles" and then as leaders and fighters. One of the est 2nown of these women was 7imala <a;i"
a widow from <edini!ur district" who ecame a successful organiser of women.
5ugust -AG? cata!ulted sectarian !olitics into a new !hase. 4indus and <uslims who had lived
side y side now turned on each other with vicious intent. The Calcutta riots were followed y
riots in Noa2hali" Comilla" and Ti!!erah
In the !eriod following -AGE" an account of 7engali women must e told as two stories as new
national identities sha!ed what they could do as women. KGeraldine $oresL
1omen have some rights recogni,ed y the 7angladesh constitution. 5rticle -B'd)" under the
heading of $undamental Princi!les of .tate Policy" states that where the state acce!ts a
fundamental res!onsiility towards raising the standard of living of the !eo!le" it s!ecifically
underta2es res!onsiility for !roviding social security to inter alia" widows. 5rticle -E'a)
!rovided for e#ual access of oys and girls to free and com!ulsory education u! to the level to e
decided y law. 5rticle -@ '/) !rovides that the state shall ta2e effective measures to !revent
!rostitution. 0#ual o!!ortunity for all citi,ens was ensured y 5rticle -A'-). .u(section / of the
same 5rticle re#uired the state to ta2e effective measures to remove socio(economic
discrimination.
The Third section of the 7angladesh Constitution contained !rovisions for fundamental rights.
Rights and o!!ortunities for women 'or rights relevant to them) are the following+
5rticle /E+ e#uality of all citi,ens efore law and e#ual !rotection under law.
5rticle /@'-)+ no discrimination on grounds only of religion" race" caste" se% or !lace of irth.
5rticle /@'/)+ e#ual o!!ortunity for men and women in all s!heres of state and !ulic live.
5rticle /@'C)+ no discrimination on grounds only of religion race" caste" se% or !lace of irth in
!roviding access to any !lace of !ulic entertainment or resort" or admission to any educational
institution.
5rticle /'A-)+ e#ual o!!ortunity for all citi,ens in res!ect of em!loyment or office in the service
of the Re!ulic.
5rticle ?B'C)+ 1omen are free to contest election from any constituency. 7ut originally -B seats
were reserved for women& the numer has een raised to CF.
These !rovisions in the constitution are elieved to have !rovided ade#uate guarantee for
women=s rights in 7angladesh. In reality" however" des!ite the constitutional !rovisions"
women=s rights have little !ractical a!!lication. The government did not ta2e any !ositive ste! to
rescind the old laws antagonistic to women=s rights.
The Constitution of 7angladesh made !rovision for reserved seats for women in the conte%t of
women=s ac2wardness and disadvantageous situation. Originally -B for ten years as !er the
constitution of -AE/" an amendment in -AE@ increased this numer of women=s reserved seats to
CF" and e%tended the !eriod of reservation to fifteen years. The system was however" interru!ted
in Decemer -A@E. Conse#uently" there was no !rovision for reserved women=s seats in the -A@@
!arliamentary election. 7ut" !ressed y the strident demands of some women=s organisations" the
system was reinstated through the tenth 5mendment in -AAF reserving CF seats for -F years from
the date of the first meeting of the ne%t !arliament. This limit has e%!ired in /FFF.
/. G0ND0R 7I5. D0$IN0D
1hen e%amining gender ias" it is im!ortant to define and understand the term. Gender is
defined y the 5merican 4eritage Dictionary as Mclassification of se%.N 5ccording to this same
source" ias is defined as M!reference or inclination that inhiits im!artiality& !re;udiceN
'5merican 4eritage Dictionary" -A@C). Thus gender ias is se!aration of gender in a way which
!refers one se% over the other.
C. G0ND0R 09U56ITO IN 75NG65D0.4
7angladesh is a highly !atriarchal society and gender discrimination is !resent at all community
levels. 1omen are de!endent on men throughout their lives" from father through husands to
sons. 1hile there are constitutional affirmations of gender e#uality" state legislation and
institutions fre#uently overloo2 the rights of women. $or e%am!le" women and young girls are
more disadvantaged than men in their access to education" health care and financial assets.
Traditionally" women were often discouraged from !artici!ating in !ulic life and mainly
recognised only for their re!roductive role. 4owever" due to increased !overty and an increased
demand for laour" female em!loyment has risen since the mid -A@F=s. <ost of the information
elow concerns the <uslim !o!ulation" which ma2es u! over @F !ercent of the total !o!ulation.
1here information is availale for 7angladesh=s 4indu and Christian !o!ulations" this is
mentioned as well.
'I)$amily Code
4alf of all girls etween -B and -A years of age are currently married" divorced or widowed in
7angladesh 'UN" /FFG). This is the highest rate of early marriage in 5sia and among the highest
worldwide. 7y marrying their daughters young" !arents decrease the economic urden on the
household. 5 more encouraging trend" however" is that of increased contrace!tive use and
declining fertility rates.
Polygamy in 7angladesh has decreased over the !ast BF years" !articularly in the cities" ut still
there are over -F !ercent of married men in a !olygamous union. The !ractice" however legal" is
considered y many to e outdated. This was reflected in a law !assed in /FF? in 7angladesh=s
fourth(largest city" Ra;shahi" which introduced a so(called !olygamy ta%& any man ta2ing a
second wife will e as2ed to !ay a one(time amount of -F FFF ta2as '-G/ U. dollars). The ta%
rises to CF FFF ta2as for a third wife and GF FFF ta2as for a fourth wife 'Islamic Re!ulic News
5gency" /FFE).
The issue of !arental authority is treated differently de!ending on religion. 1omen are not
regarded as legal guardians under Islamic law" something that may lead to children eing ta2en
away y in(laws in the case of a father=s death 'in the case of divorce" women can retain custody
of sons until age seven and daughters until !uerty). .imilarly" under 4indu law" fathers are
viewed as the natural" legal guardians of children.
Inheritance !ractices" too" differ etween religions. 5ccording to Islamic law" daughters inherit
half as much as sons and" in the asence of a son" daughters can inherit only as a residuary 'i.e.
only after all dets and other oligations are settled). 5 wife is in !rinci!le entitled to half of the
assets when her husand dies. Under 4indu law" a widow" or all widows in a !olygamous
marriage" inherits the same share as a son. $or Christians" the .uccession 5ct of -A/B !rovides
e#ual inheritance etween sons and daughters.
'ii)Physical Integrity
$emale genital mutilation is not !racticed in 7angladesh.
0arly marriage and dowry customs are ma;or factors in the continuation of domestic violence
against women. 6aws that have een !assed against these !ractices have !roven difficult to
enforce" es!ecially in rural areas where traditions and family laws tend to govern social life. 5
re!ort released y the U.N. Po!ulation $und in /FFF" asserted that GE !ercent of adult women
had re!orted !hysical ause y their male !artner. The government" the media" and women=s
rights organi,ations have fostered a growing awareness of the !rolem of violence against
women.
Gender(ased violence outside the home includes se%ual harassment in the wor2!lace" assaults"
ra!es and acid attac2s. Revenge y a re;ected suitor and land dis!utes are common causes for
acid attac2s against women. Insufficient shelters for victims of ause have led the government to
hold women who file com!laints in safe custody" usually in !rison. This custody fre#uently
results in further auses" hence discouraging the filing of com!laints y other women.
The occurrence of missing women 'including female infants and children) is wides!read in most
.outh 5sian countries and 7angladesh is no e%ce!tion. In fact" 7angladesh is one of the very few
countries in the world where males outnumer females. Census data show that over /.E million
7angladeshi women were missing in /FF- '4udson et al" /FFB). This is !rimarily the result of
son !reference and female se%(selective aortions" or through relative neglect com!ared to oys
in early childhood 'including aandonment).
'iii)Civil 6ierties
1omen can move relatively freely in the vicinity of their home and local neighourhood. To
various degrees 3 much de!ending on the traditions of individual families 3 the Islamic system
of !urdah may im!ose some restrictions on women=s !artici!ation in activities outside the home"
such as education" em!loyment and social activities. To engage in any such activities" a woman
generally needs her husand=s !ermission.
1ith regards to women=s freedom of dress" it is customary for most 7angladeshi women to cover
at least their hair.
'iv)Ownershi! Rights
Des!ite women=s growing role in agriculture" there is evidence that social and customary
!ractices virtually e%clude women from any ho!e of direct access to land.
It is often the demogra!hic com!osition of a woman=s household that determines her
#ualification for and access to an2 loans and other forms of credit. 5 woman=s lac2 of moility"
!articularly in rural areas" forces her to de!end on male relatives for any entre!reneurial
activities. 1hile 7angladesh=s NGO=s !rovide micro(credit to a large numer of women" there is
a growing concern to whether or not these women actually retain control over their loans.
5ccording to the national law" men and women have e#ual rights to !ro!erty" ut in !ractice
women have only very limited access to !ro!erty. Their situation is further im!aired y
discriminating inheritance laws and 7angladeshi women are not li2ely to even claim their share
of the family !ro!erty unless it is given to them.
G. G0ND0R IN 60G56 :I01POINT IN .O<0 R.P0CTI:0 1IT4
R0CO<<0ND5TION.
6aws are many cases gender iased. There is a good amount of legislations in our country
concerning women. Crisis of laws and drawac2s also availale in law for the women. Our
social thin2ing and conce!t also discourageous and negative. .ome cases women are given more
rights than male.
6egal status of women indicates to what e%tent women en;oy e#uality in the socio(economic and
!olitical s!heres of the country. 6aws !rotecting women=s rights !rovide the essential framewor2
for formal e#uality to e transformed into reality. They also !rovide legal !rotection to women=s
rights y critically intervening in health" education and em!loyment sectors to.
The constitution of the Peo!le=s Re!ulic of 7angladesh is the ultimate source of the
fundamental rights en;oyed y men and women. 4owever" the day to day life of the !eo!le is
governed y two sets of laws+ civil and !ersonal. The civil laws cover the rights of women under
the constitution& the !ersonal laws cover the family life.
5n analysis of the relevant te%t of the constitution shows that the guarantees of e#ual rights
etween men and women do not e%tend to the !rivate sector 'i.e." the inheritance of !arental
!ro!erty and matters concerning the family). In ratifying the UNC0D51" the government had
reservation regarding the !rovisions related to e#ual rights within the family. This is a shar!
de!arture from the commitment made y the government to estalish gender e#uality. The civil
laws are su!!osed to maintain non(discrimination etween men and women. 7ut some of these
laws are o!enly discriminatory against women. The Citi,enshi! 5ct of -AB- is an e%am!le of
such discrimination. This act encroaches u!on a woman=s right to en;oy the same legal status as
that of a man.
The criminal laws are not ased on religious laws. .till these laws fail to maintain non(
discrimination etween men and women in some cases. Under the e%isting criminal laws" ra!e is
defined as an act of se%ual violence" ut !roving charges of ra!e has een made very difficult for
a woman as the rules of evidence re#uire that the victim has to medically !rove the act as well as
her lac2 of consent. The victim and the accused have een !ut on the same footing as the law
re#uires that the victim=s testimony must e corroorated.
The constitution guarantees non(discrimination and full a!!lication of the e%isting laor laws in
the industrial sector. 1omen wor2ers hardly get any !rotection from these laws. 1ides!read
disregard of the e%isting laour legislation is a rule rather than an e%ce!tion. 0%isting !ractices in
industrial wor2!laces enale the management to y!ass its statutory oligations. Preferential
recruitment of unmarried women and e%tending the !eriod of !roation of wor2ers eyond the
statutory !eriod de!rives many female wor2ers of their legitimatePlegal rights.
Des!ite a ra!id increase in the numer of women wor2ers in the informal sector" their rights are
not !rotected y law.
5 wide ga! e%ists etween the rights and status of women guaranteed y the Constitution and
those im!osed on her y social norms and !ractices reflected in !ersonal laws. The family laws
are ased on !ersonal laws of the res!ective religious community into which a !erson is orn.
Thus" civil laws and !ersonal laws co(e%ist !er!etuating male(female dis!arities with regard to
marriage" divorce" guardianshi!" custody of children and inheritance.
Under the <uslim law" marriage is a contract etween two individuals and to ma2e it valid the
consent of oth !artners in the !resence of two witnesses is essential. 1ith regard to child
marriage" the law states that should a girl e married off y her !arents during infancy" the
marriage must e endorsed or dissolved y the girl on her attaining !uerty. In a id to restraint
child marriage" the Child <arriage Restraint 5ct -A/A 'amended in -A@G) raised the minimum
age of marriage for oth women and men. The -A@G amendment fi%ed the minimum age at -@ for
women and /- years for men. 7ut wides!read contravention=s of this law !roves that its
enforcement is very wea2" and there is hardly any !rosecution for any reach of this law.
5lthough" the law !rovides for !unishment in cases of contravention" the act has no !rovision to
ma2e such marriages invalid. 6imited !olygamy is !ermitted in Islam where y a man is allowed
to marry u!to four wives at a time on condition that+ 'a) the husand has the means to maintain
the wives according to their status& and ') all the wives e given e#ual share of his love and
affection and e treated y him with com!lete e#uality. 7ut in the asence of any mechanism to
enforce these directives" the senior wives generally ecome victims of the husand=s cruelty and
neglect.
In an attem!t to !rovide !rotection to these wives" the $amily Ordinance -A?- forids a man to
contract a marriage during the susistence of an e%isting marriage without the !rior !ermission in
writing of the 5ritration Council and the wifePwives. The !unishment consists in the immediate
!ayment of the entire dower or mahr 'a fi%ed sum of money agreed to e !aid y the husand to
the wife). Prom!t dower is immediately !ayale on demand to the wife and deferred dower is
!ayale on dissolution of marriage. The !unishment also includes im!risonment u!to one year or
a fine of T2 BFFF.FF or oth. 4owever" the ordinance has no !rovision to ma2e the suse#uent
marriage illegal. Under the <uslim law" divorce can e attained in any of the following ways+ 'a)
mutual consent of the husand and the wife without court intervention& ') a ;udicial decree on
re#uest of the wife on one or more grounds s!ecified in the Dissolution of <uslim <arriage 5ct
-ACA and the <uslim $amily 6aw=s Ordinance -A?-& and 'c) divorce y the husand at will
without assigning any reason.
4owever" the right of tala2 'divorce)" where a marriage is irrevocaly and immediately dissolved
y sim!ly !ronouncing the intention in front of witnesses" has een modified y the <uslim
$amily 6aws Ordinance" -A?-. Under the !rocedure to e followed" tala2 does not ecome
effective immediately. 5 !eriod of AF days would have to intervene etween the date of serving
the notice to the Union Parishad chairman 'the lowest tier of the local government system in
7angladesh) and the date when the divorce ecomes effective.
The right to divorce at will is not en;oyed y a <uslim wife unless her husand confers this right
on her in the marriage deed '2ain) registered y the <uslim <arriage Registrar. 4owever" she
can otain a divorce through a court decree" which is an uncertain" lengthy and costly !rocess
involving com!licated !rocedure. Des!ite the legal reforms" gender discrimination still !ersists
in the s!here of marriage and divorce.
Under the <uslim law" the wife inherits a fi%ed share of one(eighth of the deceased husand=s
estate if he leaves ehind agnatic descendants. If he does not leave ehind any agnatic
descendants" then the wife inherits a #uarter of the husand=s estate.
5 daughter" who is an only child" inherits half the estate of her late father or mother. If there is
more than one daughter and no son" then the daughters ;ointly inherit two(thirds of the estate.
4owever" if there is a son 'or sons)" then the daughter=s or each of the daughters share will e
e#ual to half of the son=s or half of each of the son=s share. In all cases within the family men
inherits more than the women do. Thus" in the area of inheritance also" !ersonal laws continue to
remain grossly gender discriminatory.
Under the <uslim law" the mother is never entitled to guardianshi! of her children. It lies with
the father and after him" with his father and rothers. 4owever" the mother is entitled to the care
and custody of her sons until they are seven years old and of her daughters till !uerty. The laws"
as modified y the Guardian and 1ards 5ct of -@AF"states that the welfare of the children is
more im!ortant than the rights of the !arents. 5 mother may also have her children eyond the
s!ecified ages if the court is satisfied that they would not e well loo2ed after y the father. The
mother may also a!!ly to the court for guardianshi! of the children. 7ut it involves e%!ensive
and time(consuming litigation over a long !eriod. The father may dis!ose of the child=s !ro!erty
under certain circumstances" ut the mother cannot do so without the !rior !ermission of the
court even if she is the a!!ointed guardian of the child. 5 <uslim mother is entitled to
maintenance from her son if he is solvent financially 'The <uslim $amily 6aws Ordinance"
-A?-). The e%isting law re#uires that every <uslim marriage solemnised must e registered.
There has also een an enactment titled ><arriage and Divorce Registration 5ct" -AEG. 7ut even
a casual oservation in the rural areas reveals that a vast ma;ority of the marriages are not
registered.
5gain" des!ite the e%istence of a law to restrain child marriage" the girls are eing married off
well elow the minimum age of -@ years. 4owever" it is difficult to enforce this law due to the
asence of the irth registration !ractice in 7angladesh" !articularly in the rural areas. 5lthough"
religion has made !rovisions for dower 'an amount !ayale to the wife)" the !ayment is rarely
made. The society has made !rovisions for dowry 'money" ;ewelry" and lu%ury items !resented
y the ride=s guardians at marriage)" and it has ecome a tradition. Non(!ayment of dowry"
more often than not" rings disaster to the lives of many women.
In res!onse to the demands voiced y women=s organisations to amend e%isting laws orPand
enacting new ones to im!rove women=s legal status" the government from time to time amended
e%isting laws and enacted new ones. These include+ '-) The <uslim Personal 6aw '.hariah)
5!!lication 5ct -ACE& '/) The Dissolution of <uslim <arriages 5ct -ACA& 'C) The <uslim
$amily 6aws Ordinance -A?- '5mended in -A@?)& 'G) The <uslim$amily 6aws Rules -A?-& 'B)
The <uslim <arriages and Divorces Registration 5ct -AEG& '?) The <uslim <arriages and
Divorces Registration Rules -AEB& 'E) The Dissolution of <uslim <arriages 5ct -ACA& '@) The
$amily Courts Ordinance -A@B& 'A) The $amily Courts Rules -A@B& '-F) The 7angladesh Penal
Code -@?F& '--) The 0vidence 5ct -@E/& '-/) The Civil Procedure Code -AFC& '-C) The
Criminal 6aw 5mendment 5ct -AC@& '-G) The .u!!ression of Immoral 5ct -ACC& '-B) The
Dowry Prohiition 5ct -A@F& '-?) The Cruelty to 1omen 'Deterrent Punishment) 5ct -A@C& '-E)
The 1oman and Child O!!ression '.!ecial Provision) 5ct -AAB& and '-@) <aternity 7enefits
5ct -ACA.
1hile the civil laws are a!!licale to the 4indu community" marriage" divorce" inheritance and
guardianshi!" which relate to the !rivate s!here" are governed y the 4indu Personal 6aws.
These laws have remained unchanged since -AGE 'the year of !artition of the sucontinent).
In the 4indu religion" marriage is a sacrament" not a contract. The foremost duty of a 4indu
father is to marry her daughters off. The girl=s consent in marriage is not re#uired& nor is divorce
!ossile& and unrestricted !olygamy is allowed. The father is always the !referred guardian of
his children" while the mother can e the guardian& her rights are inferior to those of the father.
Not all daughters of a man are e#ually eligile to inherit. In order of !riority" unmarried
daughters and married daughters with sons can inherit. <arried daughters eyond child earing
age and widows without sons cannot inherit. The 4indu laws !ermit ado!tion" ut only of oys.
The laws for the Christian communities in many cases gender iased and controversial to the
constitution" and human rights. Right to divorce" right to alimony" Rights to maintenance are
largely gender discriminatory. It should e overcome y new legislations and ma2e these
effective. There is no !ersonal law for the trial" 7uddhist and some other religious
communities= !eo!le in our country. There is a wide demand in this !ur!ose.
To !rotect women=s rights" to ma2e effective laws relating to women in our country" authority of
the state should find out the drawac2s of the legislations and amend them if necessary or new
legislations shall enact for the s!ecific issues. 7eing the memer of the society we have to
change our traditional negative conce!t and !ractice and encourage the women to !rotect their
rights to ma2e successful the laws of women" as well as men to remit gender discrimination.
B. G0ND0R I..U0 IN .OCI56 CONT0QT
Our human society is male or !atriarchy dominated society. .ociety ruled y the male. <uch
legislation created to !rotect women=s rights ut these may not successful in all cases ecause of
social effect. <ale always get !rivileges from the society or in religious eliefs or in custom.
7asically our society is gender iased. <ale also in adverse !osition in many cases. Our social
thin2ing and !ractice is gender iased" and it is adverse to the female" they are de!rived in many
cases" and discouraged. 1e should change this social norms and !atterns.
CONC6U.ION
If one hand in wea2 of a human ody" it ecomes wea2 and less !erformed ody" similarly" If we
thin2 total human society is a ody and women are half of that ody and half !art is wea2 it
means total society is wea2 and if that half !art is strong total human society it strong and more
active. Develo!ment y this society ecomes easy and it will e sustainale develo!ment.
Gender ias and discrimination should avoid. 1omen are su;ected to gender discrimination in
oth legal and social as!ects. In many cases men also su;ected to different humiliation y this
gender discrimination. 1e have to estalish gender e#uality and e#uity in all as!ects for the
etterment for our society" !ro!er initiative should e ta2en for this concern.