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Gender and Family Law
Collected by BdLawSourcecom
4
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 discussable thing that means factually it appears on female,
but actually it appears male and female equally. Female always suffering by gender
discrimination it is not true, male also suffering by it. It is unavoidable that,
genders are discriminated by physical or mental fertility.
Gender refers to socially constructed roles of and relations between man and
women, while sex means; the biological characteristics which define humans as
female or male.
hese biological characteristics are not mutually exclusive and there are individuals
who possess both !bi"sexual#
Gender $elation % Gender &orms'"
Gender relation are characteri(ed by unequal power, while gender norms assign'
!)#*pecific entitlements to men and women
%
!+# *pecific responsibilities to them.
,xample'" -omen might be expected to ta.e on earning or domestic duties and
remain close to home.
/n the other hand, men may be expected to be the main breadwinner, wor.ing
outside the home, with great freedom to move around on public places.
Gender issue in wider context'"
""Gender issue is not limited to women concern only, rather it should combine and
fully engage men as well as women.
""Gender equality implies that the needs, interest and opportunities of both men
and women are to be ta.en into consideration.
""equality to be men and women are seen both as a human rights issue and as
pre"condition for suitable people entered development.
*o the full and equal participation of women in political; economic, social and
cultural"life, at the national regional and international levels and the eradication of
all forms of discrimination on the ground of sex are the demand of the time for
building a better human environment.
1. HISTORICAL BACKGROUND
0istorians who have addressed the early history of 1engal have not included
gender in their analyses of events. 0owever, the names of queens and occasionally
of royal sisters do find their way into these accounts but always in relation to male
power. For example, there is a story that 2ueen 3allabhadevi, wife of the Pala 4ing
506$76P686, was banished to the forest because she had not produced a son. In the
forest, according to one legend, she was impregnated by the ocean and conceived
a son, 5,36P686. 6lthough the Palas were 1uddhists, they extended their patronage
to 1rahmanism.
6fter the *enas came to power in the )+th century, 1rahman priests were
a fixture of the royal court. -hile the extent to which 1rahmanical in9unctions were
followed during this period is not .nown, they included pre"puberty marriage of
brides with bridegrooms three times their age. 7ost family celebrations were
5
associated with fertility' the girl:s first menstruation, pregnancy, birth, tonsure,
first rice and naming. *ome women, undoubtedly from the highest classes, were
literate but these women had little autonomy.
-omen had no legal or social status other than that derived from their position in
the family, could not inherit, except for the widow who was allowed to :use: her
husband:s property if there were no male heir, and had few options to support
themselves. -hile women belonging to the royal court were secluded from view,
this was not true of women generally, who did not veil. It is believed that widows
were regarded as inauspicious, prohibited from attending ceremonies, and
encouraged to immolate themselves on their husbands: funeral pyres. It is not
.nown how sacraments were supposed to be performed and what was considered
ideal behavior. 6ccounts of how people lived their lives are hardly available. ,qually
unattainable is information about women:s participation in economic production
and the impact of changes in crops and commerce on their lives.
5uring the first three decades of 7uslim rule in 1engal the 0indu caste system was
defined and inscribed on society. -ithout a 0indu ruler to enforce social hierarchy,
caste councils became arbiters of custom. Greater attention to caste purity
undoubtedly had an effect on women:s lives as carriers of the code. 7arriage was
the .ey institution for maintaining purity and would have been sub9ect to greater
scrutiny, as would issues of paternity.
In the );th century, considered a :golden age: of 1engali literature, women become
visible as literary sub9ects. he 3I*0&< cult generated narratives, the $676=6&6 and
stories of 4$I*0&6, and devotional songs, with human love as a metaphor, which
featured women as heroines and ob9ects and sub9ects of desire. he other ma9or
genre was the 76&G68463=6, poems that focused on the worship of goddesses and
served to connect local goddesses with the wife of *0I36 and hence to the dominant
tradition. *ri >06I6&=6 initiated both men and women and some historians have
seen this as a time when the status of women improved. -omen from respectable
families too. part in 4I$6& performances, some traveled long distances as pilgrims,
and a few women initiated disciples. he 7angal.avya was a powerful force for
propagating popular goddess cults as they established 4amala, Ganga, *0I686,
76&6*6, *asthi and other goddesses in the popular imagination. 6 rich source for
historians studying this period, the 7angal.avya also tell us something about
women:s lives.
1y the late );th century, 1engal was annexed by the 7ughal ,mpire and
administered from 5elhi. <nder 7ughal rule, 1engal experienced an economic
boom with rice, cotton and sil. in demand on the subcontinent and in international
mar.ets. Powerful 0indu chiefs were incorporated into the 7ughal system with land
grants and other inducements. 6t the same time, the area under cultivation
increased significantly and I*867 gained adherents.
Far less is .nown about women in this period than one would expect. 0indu women
who worshipped *hiva"*ha.ti became more involved in ceremonies with the
introduction of 468I P<?6 and 5<$G6 P<?6, but it is difficult to analyse the importance
and significance of goddess worship for women. here are some who contend that
women are empowered through goddess worship because they identify with the
power of the goddess; others have pointed out that goddesses mainly benefit male
devotees. 7oreover, the dangerous and irrational side of goddesses such as 4ali
and *hitala can be rationalised to extend control over women.
he 3aisnava cult was equally ambiguous in terms of empowering women. 3ishnu
cults initiated women, recognising their spiritual equality, but >haitanya strictly
forbade his devotees to loo. at or tal. to women. he emphasis on women:s
6
potential for religious piety seemed, in this case, to be lin.ed to a deep"seated fear
and distrust of their sexuality.
he sources agree that 0indus and 7uslims followed different customs but also
remar. on those cases where 7uslims observed 0indu customs and 0indus
adopted 7uslim customs. he 7uslim ruling class seldom brought women with
them so it seems clear that wives, and certainly female slaves, were acquired from
1engal. Female slaves served in the households but details such as their origins or
the roles they played in these families is difficult to ascertain. ales of abduction
and rape of 0indu women abound in historical accounts but are narrated without
detail. 3iolence against women has become, nevertheless, the set explanation for
growing rigidity in adherence to customs such as child marriage.
6lthough there were some 0indu girls who attended pathshalas and literate women
.nown for their erudition, formal education for women was rare. he belief that
education for girls contributed to early widowhood seems to have been widespread
and, along with the emphasis on early marriage and concern for female chastity,
meant females who learned to read did so in the home rather than in schools. he
prevalence of child marriage meant that among 0indus there were many child
widows and they were required to follow strict rules in terms of dress and diet. It is
not .nown when 0indu women first began practising P<$56 or seclusion, but it was
probably in the period between the );th and )@th century and lin.ed with fear of
abduction and greater emphasis on chastity. hese customs' child marriage,
compulsory widowhood without remarriage, and restrictions on women:s mobility
were the hallmar. of the 0indu upper castes, and not necessarily followed by the
lower castes. he sources say less about 7uslim women, but mention customs
such as polygamy and seclusion as common. 8ittle is .nown about education or age
of marriage.
1ritish rule brought far"reaching changes in the economic, political, social and
religious lives of the people. ,arly in the )Ath century, the :woman question:
became central to discussions about Indian civilisation and influential 1ritish writers
referred to the treatment of women in condemning Indian religions, culture, and
society as inferior.
he two ma9or communities, 0indus and 7uslims, were differently affected. 6s
7uslims, and many 0indus, withdrew into defensive positions, some members of
the 0indu community reacted by examining their own society and proposing
reform. From then on, topics such as *6I, child marriage, widowhood, polygamy,
and prohibitions on education dominated the discussion on women.
$eformers reacted to foreign writers who declared their culture :barbaric:, but they
were also inspired by -estern ideas and concerned with proving Indian traditions
were valid and dignified. $677/0<& $/= opposed the custom of sati and argued
women:s :bac.wardness: was a consequence of socialisation. Pundit I*-6$ >06&5$6
3I5=6*6G6$ devoted his life to improving the status of 0indu widows and
encouraging remarriage, supporting female education, and opposing polygamy. In
)@+A, the 1ritish outlawed sati and in )@B;, the -idow $emarriage 6ct was
passed. 0owever, sati continued, even increased in incidence and the )@B; act had
little impact on women:s lives. he 1ritish were the foreign overlords and their
pronouncements regarding social customs were insufficient to effect far"reaching
changes in society.
/ne of the ma9or topics of discussion among reformers was female education. In
his $eport on the *tate of ,ducation in 1engal !)@C;# -illiam 6dam wrote that
while 0indus believed education would lead to early widowhood, both 0indus and
7uslims were reluctant to educate women because they feared :female intrigue:. 6t
7
the time, female education was largely informal and limited to practical matters.
-omen from respectable families often studied classical or vernacular literature as
:a pious recreation:, and girls from propertied families received some education in
.eeping accounts. It is important to recall that the first autobiography written in
1engali, Amar Jiban !published in )@DB#, was written by $ashsundari 5ebi, a
housewife who had taught herself to read. 7uslim girls were expected to learn the
2<$6& and some accounting s.ills. -hile the number of women who were literate
and capable of handling accounts was undoubtedly higher than the 1ritish
estimated, it is impossible to arrive at meaningful numbers.
7issionaries began the first girls: schools in 1engal. he 1aptist 7ission formed the
Female ?uvenile *ociety in )@)A and set up the first girls: school. In )@+), 7iss
7ary 6nne >oo.e came to >alcutta to preside over CE schools opened by the
>hurch 7issionary *ociety for :respectable: 0indu girls. 1y )@+F there was a
>hristian female school in 5ha.a but it closed in )@+;. *taffed by 1rahman
pundits, these schools were patronised by 0indu gentlemen but failed to attract
girls from the higher castes.
/ne of the most important schools for girls was the 0indu 1ali.a 3idyalaya opened
in )@FA in >alcutta by ?, 5rin.water 1ethune. 1ethune persuaded several
prominent families to endorse this experiment and by )@BE the school had @E
pupils. In )@BF, the Government declared its intention of supporting female
education through grants"in"aid. In that year 1engal had a total of +@@ schools for
girls. hose who supported female education wanted their daughters to be good
companions to their husbands, :scientific: nurturers, and members of civil society.
1$6076 *676? led the movement for female education and equality between the
sexes. 1egun early in the )Ath century by men who wanted to examine their
religious beliefs, by the )@;E:s the *ama9 sponsored gatherings, religious
instruction, and sewing lessons for women. -ithin a decade *ama9 members
differed on questions of women:s education and reform. In )@D@ it split over
questions of :female emancipation: and the progressive branch, the *adharan
1rahma *ama9, established 1,0<&, >/88,G, as an affiliate of >alcutta <niversity. In
)@@C, 465671I&I G6&G<8= !)@;+")A+C# and >handramu.hi 1asu received their 16:s
from 1ethune, becoming the first women graduates in the 1ritish ,mpire.
It was late in the )Ath century before the 7uslim community tac.led issues of
female education and social reform. he first men who initiated this reform were
members of the ashraf who formed the intelligentsia. hey were 9oined by
members of the great landed families, inspired by the wor. of *ayyid 6hmed 4han
at 6ligarh, and by members of a new middle"class who acquired wealth and
position through business and administrative service. 5rawing on <rdu literature
from &orth India, 1engali 7uslims instructed their daughters to read manuals
about ideal female behavior. /ne of the best .nown of these was 6shraf 6li
hanawi:s Behesti Zewar published in <rdu in )AEB and in a 1angla translation in
)A+B. his boo. was designed to guide the :new 7uslim woman: who understood
the changing world, assiduously defended and preserved traditions, and willingly
accepted dependency and her housebound status. hese manuals for women,
written by men, advocated education designed to add honor and dignity to the
woman:s family.
he 7uslim community was also concerned with other issues that were salient
among 0indu reformers. /ne of these was child marriage, a topic commented on
by 7uslim reformers of the late )Ath and early +Eth centuries. 1ut they also
focused on issues unique to the community' mahr, the marriage contract,
inheritance, polygamy, and female seclusion. Increasingly, the 7uslim middle class
8
who espoused these reforms developed a life style not unli.e that of reformist
0indus.
&6-61 F6IG<&&,**6 >0/<50<$6&I, the daughter of a prosperous landowner, set up
the first girls: school in >omilla in )@DC but it was not until the +Eth century that
7uslim girls studied at such schools. In the )@@Es the Musalman Suhrd Sammilani,
an association of 7uslim men who had graduated from 50646 >/88,G,, advocated
systematic home education for women and developed a syllabus, provided
textboo.s and arranged for examinations to advance this movement. It was
$/2<I60 *6406-6 0/**6I& !)@@E")AC+# who began the movement to set up schools
for the education of 7uslim girls. 1orn into a landed family, $o.eya was educated
in secret with her brother:s help. 0er husband continued her education,
encouraged her to mix with :new women: from other communities, and provided
her the money necessary to open a school for girls. he *a.hawat 7emorial Girls:
*chool, established in >alcutta in )A)), was the first for 7uslim females in 1engal.
$o.eya was also convinced of the harmful affects of purdah and wrote about it in
her essays and the terrifying and funny, Abarodhbasini, published in serial form in
)A+A. 0owever much she disli.ed the excesses of veiling, $o.eya observed its
rules in her school.
1y the beginning of the +Eth century, 1engali women were forming their own
organisations to promote social reform. *6$6865,3I >06<50<$6&I !)@D+")AFB#, a
member of the agore family, called for a permanent association of Indian women.
0er organisation, the Bharat Stri Mahamandal, had its first meeting in 6llahabad in
lAlE, but soon developed branches in 1an.ura, 0a(aribagh, 7edinipur, and
>alcutta, as well as other cities in India. /ne of the organisation:s main concerns
was female education and it sponsored teachers who taught reading, writing,
music, sewing, and embroidery to women in their homes. In )A);, $o.eya began
the Anjuman-i-Khawateen-i-Islam to wor. among disadvantaged 7uslim women.
6t the same time *aro9 &alini 5utt !)@@D")A+B#, founder of the women:s institute
movement in 1engal, organised mahila samitis in district towns.
he )A+Es and CEs witnessed the beginning of all"India women:s organisations that
were 9oined by 1engali women. he &ational >ouncil of -omen in India and the 6ll"
India -omen:s >onference both had branches in 1engal and 1engali women served
on their national councils and committees
1engali women:s involvement in nationalist politics began in late )Ath century. In
)@AE, five years after the I&5I6& &6I/&68 >/&G$,** was founded, *warna.umari
Ghosal !)@B;")AC+#, a novelist, and 4adambini 1asu Ganguly, one of the India:s
first female medical doctors, attended as delegates.
In )AEB, the 1ritish partitioned 1engal Presidency and women 9oined men in
protesting this division by boycotting foreign goods and buying only *wadeshi
products. /ther women too. a vow to devote themselves to the motherland and
observed it by every day setting aside a handful of rice for the cause. *till other
women gave their support to revolutionary organisations.
-hen *ecretary of *tate for India ,dwin 7ontagu announced in )A)D the 1ritish
government:s intention of including more Indians in the governing process, *arala
5evi >houdhurani applied for an appointment for members of 1harat *tri
7ahamandal to discuss women:s educational needs. 7embers of the newly formed
-omen:s Indian 6ssociation in 7adras also requested an audience. /fficials
informed both groups that only deputation on political sub9ects would be heard. In
5ecember, *aro9ini &aidu !)@DA")AFA# from 0yderabad led an all"India delegation
of prominent women, including *arala 5evi, to meet with 7ontagu and >helmsford
and request the vote for women. It was *aro9ini &aidu and *arala 5evi
>houdhurani who secured the support of >ongress for women:s franchise. In
9
,ngland, *aro9ini &aidu spo.e to the ?oint *elect >ommittee and said that all
Indian women, including orthodox 0indu and 7uslim women, wanted the vote. In
the end, the 0ouse of >ommons allowed provincial legislative councils to add
women to the list of registered voters. -omen:s organisations wor.ed for the
removal of sex disqualification and in )A+; propertied women in 1engal won the
right to vote. hey composed C.E H of the total electorate.
Gandhi played a seminal role in bringing women, in 1engal and throughout India,
into agitational politics. 5uring the &/&">//P,$6I/& 7/3,7,&, 1asanti 5evi, <rmila
5evi, and *uniti 5evi, all members of >ongress leader >$ 5as: household, too. to
the streets to support the boycott against 1ritish goods and were arrested. heir
detention grabbed public attention and Gandhi urged women all over India to
follow the example of these brave 1engali women.
he 7ahila $astriya *angha, begun in )A+@ by 8ati.a Ghosh !b )AE+#, was
the first formal organisation to mobilise women in 1engal for political wor.. hat
year *<106* >06&5$6 1/*, also as.ed 8ati.a to recruit a company of women
volunteers to march with men in the procession to inaugurate the annual >ongress
meetings in >alcutta. *he enlisted CEE women' students from 1ethune >ollege and
3ictoria Institution, and teachers employed by >68><6 >/$P/$6I/&. he following
year >alcutta women formed the &ari *atyagraha *amiti in )A+A in response to the
>ongress call for women to be ready to serve the nation. 5uring the >I3I8
5I*/1,5I,&>, 7/3,7,& women made and sold salt, pic.eted cloth and liquor shops,
preached the value of khaddar, and 9oined processions.
7uslims were generally suspicious of >ongress at this time. 0owever, on the eve of
the >ivil 5isobedience movement, 0indus and 7uslim in >alcutta 9oined to support
the >arters: stri.e. /n the first day of the stri.e seven cart"pullers were .illed and
the next day, 0indus and 7uslims mourned together, while women showed their
support by throwing flowers from their houses. 1ut solidarity was the exception
rather than the rule and riots, generally targeting shops and mar.ets, bro.e out in
a number of cities.
6t this time revolutionary organisations were recruiting women, mostly students, to
their ran.s. here are four revolutionary women whose deeds have been valourised
by nationalist historians. *hanti Ghosh !)A);")A@A# and *uniti >howdhury !)A)D"
)A@@#, two schoolgirls from >omilla, shot 7agistrate *tevens to death on )F
5ecember )AC). In February of the next year, 1ina 5as !)A))")A@;# attempted to
shoot the Governor of 1engal at the >alcutta <niversity >onvocation ceremonies.
6nd, in *eptember, P$II866 -655,56$ !)A))")AC+#, too. part in a raid on the
>hittagong >lub.
In district towns and villages women 9oined processions, wore khaddar, and hid
fleeing revolutionaries. -omen from 7edinipur, +F"Parganas, 4hulna, 1a.ergan9,
&oa.hali, and >hittagong bro.e the salt laws and bravely endured police violence
against them. It was in this tumultuous environment that *arala 5evi >houdhurani
tried to organise a separate -omen:s >ongress. -omen from all over 1engal met
in 7ay )AC) to discuss this issue, but in the end stayed with the Indian &ational
>ongress.
1y )AC+ opposition to the government had decreased in the cities but increased in
rural areas and among women. 7uslim weavers and individuals trained in 5eobandi
7adrasas 9oined the movement at this time. he >ommunal 6ward and Poona Pact
changed the nature of the debate since it was now clear there would be separate
electorates for 7uslims and reserved seats for the depressed castes. he 0indu
7ahasabha, worried about the electoral future of 0indus, protested this decision
and fomented propaganda about 7uslim assaults on 0indu women.
10

It is only in the +Eth century that detailed records of women:s wor. are found. /n
the one hand, the growth of factories opened the door of employment for women,
but on the other, mechanisation replaced avenues women had for earning money.
In the 9ute mills of 1engal women were about +EH of the total wor.force, but
many of them were not 1engalis. 0indu and 7uslim 1engali women were hindered
by purdah restrictions and accounted for only )EH of the female 9ute wor.ers. he
decline of female employment in the 9ute mills, related to increased mechanisation
and the imposition of labour legislation, was discernible from )ACE. 6lthough their
numbers were small, women played a significant role in stri.es and labour
disturbances, as stri.e brea.ers, and as labour leaders.
/ther women found wor. in the unorganised sector where they earned a living as
maidservants, coolies, and prostitutes. hese unregulated occupations flourished
and continued to flourish in the modernising urban sectors. 1eginning in the late
)Ath century, educated women were trained in the new professions open to them'
teaching and medicine. In )@@F 4adambini Ganguly became the first woman
admitted to >alcutta 7edical >ollege but 1idhumu.hi 1ose and 3irginia 7ary 7itter
were the first Indian women to graduate, completing their degrees in )@@A.
>ampbell 7edical *chool, offering a vernacular medical degree, opened its doors to
women in )@@@. 7usammat Idennessa, the first 7uslim woman to study medicine
in 1engal, entered the programme in )@A). *he graduated in )@AF and went on to
serve as a medical doctor in 7ymensingh.
-omen were prominent in the 2<I I&5I6 7/3,7,& that began in )AF+. -hen the
movement spread to the countryside, large number of peasant women 9oined men
in protesting taxes, land tenure, and landholder:s rights. 6t the end of *eptember
)AF+, peasants attac.ed police stations and destroyed telegraph lines in four sub"
divisions of 7edinipur district. -hen people of amlu. sub"division marched on the
town, 766&GI&I 06G$6, a DC"year old widow, stepped forward, lifted the >ongress
flag, and gave her first public speech. *he was shot first in the hand holding the
flag and then in the head.
wo 1engali women, 6runa Ganguli 6saf 6li !)AEA")AA;# and *ucheta 7a(umdar
4ripalani !)AE@")ADF#, both domiciled in other parts of the country, became all"
India leaders in this movement. In )AF+ 6runa 6saf 6li went underground to
organise the resistance and hinder the war effort. *ucheta 4ripalani also went into
hiding in )AF+, but she wor.ed to co"ordinate non"violent activity to bring the
government to a standstill.
he 1engal Famine of )AFC")AFF caused the death of at least C.B million people
and the impoverishment and dislocation of millions more. -omen who previously
earned a living by hus.ing paddy or trading in the local mar.et were deprived of
their incomes. In addition to food shortages, women faced sexual harassment
when they sought employment or help from relief centres. 5uring the famine
years, women were visible both as victims and activists. *tarving women begged
for food in public places, while middle"class women wor.ed to provide relief.
India was at war against Germany and its allies, but had not consented to this war.
*ubhas >handra 1ose escaped from >alcutta in ?anuary )AF) and by )AFC was in
*ingapore organising the Indian &ational 6rmy. In addition to building a
conventional army, he wanted to organise a unit of women to be called the $ani of
?hansi brigade. 1efore long he had ),EEE women recruits and among them were a
number of 1engali women, ready to fight to death to liberate the motherland.
he ,106G6 7/3,7,& of )AF; fully involved women. 6mong the young
>ommunists who went to the countryside to organise the peasants were $ani 7itra
11
5asgupta, 7ani.untala *en, and $enu >ha.ravartty !)A)D")AAF#. $ural women
readily 9oined the movement, at first in subsidiary roles, and then as leaders and
fighters. /ne of the best .nown of these women was 1imala 7a9i, a widow from
7edinipur district, who became a successful organiser of women.
6ugust )AF; catapulted sectarian politics into a new phase. 0indus and 7uslims
who had lived side by side now turned on each other with vicious intent. he
>alcutta riots were followed by riots in &oa.hali, >omilla, and ipperah
In the period following )AFD, an account of 1engali women must be told as two
stories as new national identities shaped what they could do as women. IGeraldine
ForbesJ
-omen have some rights recognised by the 1angladesh constitution. 6rticle )B!d#,
under the heading of Fundamental Principles of *tate Policy, states that where the
state accepts a fundamental responsibility towards raising the standard of living of
the people, it specifically underta.es responsibility for providing social security to
inter alia, widows. 6rticle )D!a# provided for equal access of boys and girls to free
and compulsory education up to the level to be decided by law. 6rticle )@ !+#
provides that the state shall ta.e effective measures to prevent prostitution. ,qual
opportunity for all citi(ens was ensured by 6rticle )A!)#. *ub"section + of the same
6rticle required the state to ta.e effective measures to remove socio"economic
discrimination.
he hird section of the 1angladesh >onstitution contained provisions for
fundamental rights. $ights and opportunities for women !or rights relevant to
them# are the following'
6rticle +D' equality of all citi(ens before law and equal protection under law.
6rticle +@!)#' no discrimination on grounds only of religion, race, caste, sex or
place of birth.
6rticle +@!+#' equal opportunity for men and women in all spheres of state and
public live.
6rticle +@!C#' no discrimination on grounds only of religion race, caste, sex or place
of birth in providing access to any place of public entertainment or resort, or
admission to any educational institution.
6rticle +!A)#' equal opportunity for all citi(ens in respect of employment or office in
the service of the $epublic.
6rticle ;B!C#' -omen are free to contest election from any constituency. 1ut
originally )B seats were reserved for women; the number has been raised to CE.
hese provisions in the constitution are believed to have provided adequate
guarantee for women:s rights in 1angladesh. In reality, however, despite the
constitutional provisions, women:s rights have little practical application. he
government did not ta.e any positive step to rescind the old laws antagonistic to
women:s rights.
he >onstitution of 1angladesh made provision for reserved seats for women in the
context of women:s bac.wardness and disadvantageous situation. /riginally )B for
ten years as per the constitution of )AD+, an amendment in )AD@ increased this
number of women:s reserved seats to CE, and extended the period of reservation
to fifteen years. he system was however, interrupted in 5ecember )A@D.
>onsequently, there was no provision for reserved women:s seats in the )A@@
parliamentary election. 1ut, pressed by the strident demands of some women:s
organisations, the system was reinstated through the tenth 6mendment in )AAE
reserving CE seats for )E years from the date of the first meeting of the next
parliament. his limit has expired in +EEE.
12
2. GENDER BIAS DEFINED
-hen examining gender bias, it is important to define and understand the term.
Gender is defined by the 6merican 0eritage 5ictionary as Kclassification of sex.K
6ccording to this same source, bias is defined as Kpreference or inclination that
inhibits impartiality; pre9udiceK !6merican 0eritage 5ictionary, )A@C#. hus gender
bias is separation of gender in a way which prefers one sex over the other.
. GENDER E!UALIT" IN BANGLADESH
1angladesh is a highly patriarchal society and gender discrimination is present at
all community levels. -omen are dependent on men throughout their lives, from
father through husbands to sons. -hile there are constitutional affirmations of
gender equality, state legislation and institutions frequently overloo. the rights of
women. For example, women and young girls are more disadvantaged than men in
their access to education, health care and financial assets. raditionally, women
were often discouraged from participating in public life and mainly recognised only
for their reproductive role. 0owever, due to increased poverty and an increased
demand for labour, female employment has risen since the mid )A@ELs. 7ost of the
information below concerns the 7uslim population, which ma.es up over @E
percent of the total population. -here information is available for 1angladeshLs
0indu and >hristian populations, this is mentioned as well.
#i$ Family C%de
0alf of all girls between )B and )A years of age are currently married, divorced or
widowed in 1angladesh !<&, +EEF#. his is the highest rate of early marriage in
6sia and among the highest worldwide. 1y marrying their daughters young,
parents decrease the economic burden on the household. 6 more encouraging
trend, however, is that of increased contraceptive use and declining fertility rates.
Polygamy in 1angladesh has decreased over the past BE years, particularly in the
cities, but still there are over )E percent of married men in a polygamous union.
he practice, however legal, is considered by many to be outdated. his was
reflected in a law passed in +EE; in 1angladeshLs fourth"largest city, $a9shahi,
which introduced a so"called polygamy tax; any man ta.ing a second wife will be
as.ed to pay a one"time amount of )E EEE ta.as !)F+ <* dollars#. he tax rises to
CE EEE ta.as for a third wife and FE EEE ta.as for a fourth wife !Islamic $epublic
&ews 6gency, +EED#.
he issue of parental authority is treated differently depending on religion. -omen
are not regarded as legal guardians under Islamic law, something that may lead to
children being ta.en away by in"laws in the case of a fatherLs death !in the case of
divorce, women can retain custody of sons until age seven and daughters until
puberty#. *imilarly, under 0indu law, fathers are viewed as the natural, legal
guardians of children.
Inheritance practices, too, differ between religions. 6ccording to Islamic law,
daughters inherit half as much as sons and, in the absence of a son, daughters can
inherit only as a residuary !i.e. only after all debts and other obligations are
settled#. 6 wife is in principle entitled to half of the assets when her husband dies.
<nder 0indu law, a widow, or all widows in a polygamous marriage, inherits the
same share as a son. For >hristians, the *uccession 6ct of )A+B provides equal
inheritance between sons and daughters.
13
#ii$&'y(i)al In*e+ri*y
Female genital mutilation is not practiced in 1angladesh.
,arly marriage and dowry customs are ma9or factors in the continuation of
domestic violence against women. 8aws that have been passed against these
practices have proven difficult to enforce, especially in rural areas where traditions
and family laws tend to govern social life. 6 report released by the <.&. Population
Fund in +EEE, asserted that FD percent of adult women had reported physical
abuse by their male partner. he government, the media, and womenLs rights
organisations have fostered a growing awareness of the problem of violence
against women.
Gender"based violence outside the home includes sexual harassment in the
wor.place, assaults, rapes and acid attac.s. $evenge by a re9ected suitor and land
disputes are common causes for acid attac.s against women. Insufficient shelters
for victims of abuse have led the government to hold women who file complaints in
safe custody, usually in prison. his custody frequently results in further abuses,
hence discouraging the filing of complaints by other women.
he occurrence of missing women !including female infants and children# is
widespread in most *outh 6sian countries and 1angladesh is no exception. In fact,
1angladesh is one of the very few countries in the world where males outnumber
females. >ensus data show that over +.D million 1angladeshi women were missing
in +EE) !0udson et al, +EEB#. his is primarily the result of son preference and
female sex"selective abortions, or through relative neglect compared to boys in
early childhood !including abandonment#.
#iii$Ci,il Li-er*ie(
-omen can move relatively freely in the vicinity of their home and local
neighbourhood. o various degrees " much depending on the traditions of individual
families M the Islamic system of purdah may impose some restrictions on womenLs
participation in activities outside the home, such as education, employment and
social activities. o engage in any such activities, a woman generally needs her
husbandLs permission.
-ith regards to womenLs freedom of dress, it is customary for most 1angladeshi
women to cover at least their hair.
#i,$Owner('i. Ri+'*(
5espite womenLs growing role in agriculture, there is evidence that social and
customary practices virtually exclude women from any hope of direct access to
land.
It is often the demographic composition of a womanLs household that determines
her qualification for and access to ban. loans and other forms of credit. 6 womanLs
lac. of mobility, particularly in rural areas, forces her to depend on male relatives
for any entrepreneurial activities. -hile 1angladeshLs &G/Ls provide micro"credit to
a large number of women, there is a growing concern to whether or not these
women actually retain control over their loans.
14
6ccording to the national law, men and women have equal rights to property, but
in practice women have only very limited access to property. heir situation is
further impaired by discriminating inheritance laws and 1angladeshi women are not
li.ely to even claim their share of the family property unless it is given to them.
/. GENDER IN LEGAL 0IE1&OINT IN SO2E RS&ECTI0E 1ITH
RECO22ENDATIONS
8aws are many cases gender biased. here is a good amount of legislations in our
country concerning women. >risis of laws and drawbac.s also available in law for
the women. /ur social thin.ing and concept also discourageous and negative.
*ome cases women are given more rights than male.
8egal status of women indicates to what extent women en9oy equality in the socio"
economic and political spheres of the country. 8aws protecting women:s rights
provide the essential framewor. for formal equality to be transformed into reality.
hey also provide legal protection to women:s rights by critically intervening in
health, education and employment sectors to.
he constitution of the People:s $epublic of 1angladesh is the ultimate source of
the fundamental rights en9oyed by men and women. 0owever, the day to day life of
the people is governed by two sets of laws' civil and personal. he civil laws cover
the rights of women under the constitution; the personal laws cover the family life.
6n analysis of the relevant text of the constitution shows that the guarantees of
equal rights between men and women do not extend to the private sector !i.e., the
inheritance of parental property and matters concerning the family#. In ratifying
the <&>,56-, the government had reservation regarding the provisions related to
equal rights within the family. his is a sharp departure from the commitment
made by the government to establish gender equality. he civil laws are supposed
to maintain non"discrimination between men and women. 1ut some of these laws
are openly discriminatory against women. he >iti(enship 6ct of )AB) is an
example of such discrimination. his act encroaches upon a woman:s right to en9oy
the same legal status as that of a man.
he criminal laws are not based on religious laws. *till these laws fail to maintain
non"discrimination between men and women in some cases. <nder the existing
criminal laws, rape is defined as an act of sexual violence, but proving charges of
rape has been made very difficult for a woman as the rules of evidence require that
the victim has to medically prove the act as well as her lac. of consent. he victim
and the accused have been put on the same footing as the law requires that the
victim:s testimony must be corroborated.
he constitution guarantees non"discrimination and full application of the existing
labor laws in the industrial sector. -omen wor.ers hardly get any protection from
these laws. -idespread disregard of the existing labour legislation is a rule rather
than an exception. ,xisting practices in industrial wor.places enable the
management to bypass its statutory obligations. Preferential recruitment of
unmarried women and extending the period of probation of wor.ers beyond the
statutory period deprives many female wor.ers of their legitimateNlegal rights.
5espite a rapid increase in the number of women wor.ers in the informal sector,
their rights are not protected by law.
6 wide gap exists between the rights and status of women guaranteed by the
>onstitution and those imposed on her by social norms and practices reflected in
15
personal laws. he family laws are based on personal laws of the respective
religious community into which a person is born. hus, civil laws and personal laws
co"exist perpetuating male"female disparities with regard to marriage, divorce,
guardianship, custody of children and inheritance.
<nder the 7uslim law, marriage is a contract between two individuals and to ma.e
it valid the consent of both partners in the presence of two witnesses is essential.
-ith regard to child marriage, the law states that should a girl be married off by
her parents during infancy, the marriage must be endorsed or dissolved by the girl
on her attaining puberty. In a bid to restraint child marriage, the >hild 7arriage
$estraint 6ct )A+A !amended in )A@F# raised the minimum age of marriage for
both women and men. he )A@F amendment fixed the minimum age at )@ for
women and +) years for men. 1ut widespread contravention:s of this law proves
that its enforcement is very wea., and there is hardly any prosecution for any
breach of this law. 6lthough, the law provides for punishment in cases of
contravention, the act has no provision to ma.e such marriages invalid. 8imited
polygamy is permitted in Islam where by a man is allowed to marry upto four wives
at a time on condition that' !a# the husband has the means to maintain the wives
according to their status; and !b# all the wives be given equal share of his love and
affection and be treated by him with complete equality. 1ut in the absence of any
mechanism to enforce these directives, the senior wives generally become victims
of the husband:s cruelty and neglect.
In an attempt to provide protection to these wives, the Family /rdinance )A;)
forbids a man to contract a marriage during the subsistence of an existing marriage
without the prior permission in writing of the 6rbitration >ouncil and the
wifeNwives. he punishment consists in the immediate payment of the entire dower
or mahr !a fixed sum of money agreed to be paid by the husband to the wife#.
Prompt dower is immediately payable on demand to the wife and deferred dower is
payable on dissolution of marriage. he punishment also includes imprisonment
upto one year or a fine of . BEEE.EE or both. 0owever, the ordinance has no
provision to ma.e the subsequent marriage illegal. <nder the 7uslim law, divorce
can be attained in any of the following ways' !a# mutual consent of the husband
and the wife without court intervention; !b# a 9udicial decree on request of the wife
on one or more grounds specified in the 5issolution of 7uslim 7arriage 6ct )ACA
and the 7uslim Family 8aw:s /rdinance )A;); and !c# divorce by the husband at
will without assigning any reason.
0owever, the right of talak !divorce#, where a marriage is irrevocably and
immediately dissolved by simply pronouncing the intention in front of witnesses,
has been modified by the 7uslim Family 8aws /rdinance, )A;). <nder the
procedure to be followed, talak does not become effective immediately. 6 period of
AE days would have to intervene between the date of serving the notice to the
<nion Parishad chairman !the lowest tier of the local government system in
1angladesh# and the date when the divorce becomes effective.
he right to divorce at will is not en9oyed by a 7uslim wife unless her husband
confers this right on her in the marriage deed !kabin# registered by the 7uslim
7arriage $egistrar. 0owever, she can obtain a divorce through a court decree,
which is an uncertain, lengthy and costly process involving complicated procedure.
5espite the legal reforms, gender discrimination still persists in the sphere of
marriage and divorce.
<nder the 7uslim law, the wife inherits a fixed share of one"eighth of the deceased
husband:s estate if he leaves behind agnatic descendants. If he does not leave
16
behind any agnatic descendants, then the wife inherits a quarter of the husband:s
estate.
6 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 9ointly
inherit two"thirds of the estate. 0owever, if there is a son !or sons#, then the
daughter:s or each of the daughters share will be equal 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. hus, in the area of inheritance also, personal laws continue to
remain grossly gender discriminatory.
<nder the 7uslim law, the mother is never entitled to guardianship of her children.
It lies with the father and after him, with his father and brothers. 0owever, the
mother is entitled to the care and custody of her sons until they are seven years
old and of her daughters till puberty.
he laws, as modified by the Guardian and -ards 6ct of )@AE, states that the
welfare of the children is more important than the rights of the parents. 6 mother
may also have her children beyond the specified ages if the court is satisfied that
they would not be well loo.ed after by the father. he mother may also apply to the
court for guardianship of the children. 1ut it involves expensive and time"
consuming litigation over a long period. he father may dispose of the child:s
property under certain circumstances, but the mother cannot do so without the
prior permission of the court even if she is the appointed guardian of the child. 6
7uslim mother is entitled to maintenance from her son if he is solvent financially
!he 7uslim Family 8aws /rdinance, )A;)#.
he existing law requires that every 7uslim marriage solemnised must be
registered. here has also been an enactment titled :7arriage and 5ivorce
$egistration 6ct, )ADF. 1ut even a casual observation in the rural areas reveals
that a vast ma9ority of the marriages are not registered.
6gain, despite the existence of a law to restrain child marriage, the girls are being
married off well below the minimum age of )@ years. 0owever, it is difficult to
enforce this law due to the absence of the birth registration practice in 1angladesh,
particularly in the rural areas. 6lthough, religion has made provisions for dower !an
amount payable to the wife#, the payment is rarely made. he society has made
provisions for dowry !money, 9ewelry, and luxury items presented by the bride:s
guardians at marriage#, and it has become a tradition. &on"payment of dowry,
more often than not, brings disaster to the lives of many women.
In response to the demands voiced by women:s organisations to amend existing
laws orNand enacting new ones to improve women:s legal status, the government
from time to time amended existing laws and enacted new ones. hese include' !)#
he 7uslim Personal 8aw !*hariah# 6pplication 6ct )ACD; !+# he 5issolution of
7uslim 7arriages 6ct )ACA; !C# he 7uslim Family 8aws /rdinance )A;)
!6mended in )A@;#; !F# he 7uslimFamily 8aws $ules )A;); !B# he 7uslim
7arriages and 5ivorces $egistration 6ct )ADF; !;# he 7uslim 7arriages and
5ivorces $egistration $ules )ADB; !D# he 5issolution of 7uslim 7arriages 6ct
)ACA; !@# he Family >ourts /rdinance )A@B; !A# he Family >ourts $ules )A@B;
!)E# he 1angladesh Penal >ode )@;E; !))# he ,vidence 6ct )@D+; !)+# he >ivil
Procedure >ode )AEC; !)C# he >riminal 8aw 6mendment 6ct )AC@; !)F# he
*uppression of Immoral 6ct )ACC; !)B# he 5owry Prohibition 6ct )A@E; !);# he
>ruelty to -omen !5eterrent Punishment# 6ct )A@C; !)D# he -oman and >hild
/ppression !*pecial Provision# 6ct )AAB; and !)@# 7aternity 1enefits 6ct )ACA.
17
-hile the civil laws are applicable to the 0indu community, marriage, divorce,
inheritance and guardianship, which relate to the private sphere, are governed by
the 0indu Personal 8aws. hese laws have remained unchanged since )AFD !the
year of partition of the subcontinent#.
In the 0indu religion, marriage is a sacrament, not a contract. he foremost duty
of a 0indu father is to marry her daughters off. he girl:s consent in marriage is not
required; nor is divorce possible; and unrestricted polygamy is allowed. he father
is always the preferred guardian of his children, while the mother can be the
guardian; her rights are inferior to those of the father. &ot all daughters of a man
are equally eligible to inherit. In order of priority, unmarried daughters and married
daughters with sons can inherit. 7arried daughters beyond child bearing age and
widows without sons cannot inherit. he 0indu laws permit adoption, but only of
boys.
he laws for the >hristian communities in many cases gender biased and
controversial to the constitution, and human rights. $ight to divorce, right to
alimony, $ights to maintenance are largely gender discriminatory. It should be
overcome by new legislations and ma.e these effective. here is no personal law
for the tribal, 1uddhist and some other religious communitiesL people in our
country. here is a wide demand in this purpose.
o protect womenLs rights, to ma.e effective laws relating to women in our
country, authority of the state should find out the drawbac.s of the legislations and
amend them if necessary or new legislations shall enact for the specific issues.
1eing the member of the society we have to change our traditional negative
concept and practice and encourage the women to protect their rights to ma.e
successful the laws of women, as well as men to remit gender discrimination.
3. GENDER ISSUE IN SOCIAL CONTE4T
/ur human society is male or patriarchy dominated society. *ociety ruled by the
male. 7uch legislation created to protect womenLs rights but these may not
successful in all cases because of social effect. 7ale always get privileges from the
society or in religious beliefs or in custom. 1asically our society is gender biased.
7ale also in adverse position in many cases. /ur social thin.ing and practice is
gender biased, and it is adverse to the female, they are deprived in many cases,
and discouraged. -e should change this social norms and patterns.
CONCLUSION
If one hand in wea. of a human body, it becomes wea. and less performed body,
similarly, If we thin. total human society is a body and women are half of that body
and half part is wea. it means total society is wea. and if that half part is strong
total human society it strong and more active. 5evelopment by this society
becomes easy and it will be sustainable development. Gender bias and
discrimination should avoid. -omen are sub9ected to gender discrimination in both
legal and social aspects. In many cases men also sub9ected to different humiliation
by this gender discrimination. -e have to establish gender equality and equity in
all aspects for the betterment for our society, proper initiative should be ta.en for
this concern.
18
BIBLIOGRA&HICAL INDE4
<sha >ha.raborty, >ondition of 1engal -omen 6round the +nd 0alf of the
&ineteenth >entury, >alcutta, )A;C;
Ghulam 7urshid, he $eluctant 5ebutante' $esponse of 1engali -omen to
7oderni(ation, )@FA")AEB, $a9shahi, )A@C;
7eredith 1orthwic., he >hanging $ole of -omen in 1engal, )@FA")AEB, Princeton,
)A@F;
$o.eya *a.hawat 0ossain, *ultana:s 5ream and *elections from the *ecluded
/nes. ,dited and translated by $oushan ?ahan, &ew =or., )A@@;
ilottama haroor, ed, &aari. >alcutta, )AAE;
*onia &ishat 6min, he -orld of 7uslim -omen in >olonial 1engal, )@D;")ACA,
8eiden, )AA;.
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and >onflict, ,>*P $eport, Issue )), +EEB.
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19