Law and policy on gender in Bangladesh

EDEN BUILDING TO STOCK EXCHANGE Published: 12:20 AM, 18 March 2019

https://dailyasianage.com/news/168519/law-and-policy-on-gender-in-bangladesh

Law and policy on gender in Bangladesh M S Siddiqui

Bangladesh constitution has mandated that "all citizens are equal before law and are entitled to equal protection of law" (article 27). The article 28(1) says, "the State shall not discriminate against any citizen on grounds religion, race, caste, sex and place of birth" and the article 28(2) says, "women shall have equal rights with men in all spheres of the state and public life."

The article 28(3) has categorically mentioned that "no citizen shall, on grounds only of religion, race, caste, sex or place of birth be subjected to any disability, liability, restriction or condition with regard to access to any place of public entertainment or resort, or admission to any educational institution." Article 28(4) says, "Nothing in this article shall prevent the state from making special provision in favor of women or children or for the advancement of any backward section of citizens."

Article 29(1) contains, `` there shall be equality of opportunity for all citizens in respect of employment or office in the service of the republic." Article 29(2) has it that `` no citizen shall, on grounds only of religion, race, caste, sex or place of birth, be ineligible for, or discriminated against in respect of, any employment or office in the service of the republic." In the article 65(3) there are 50 seats (leatewst amendment) reserved for women and under article 9 the representation of women in the development of local government institutions.

Bangladesh has a pluralistic legal system with a uniform and non-religious legal system that applies to all, and religious personal laws established under the tenets of Muslim, Hindu and Christian communities that govern significant aspects of family life. These personal laws are officially recognized laws (Article 152). These laws are: Legislation for Muslim Community:

* The Muslim Personal Law (Shariat) Application Act,1937 (Act XXVI of 1937). * The Dissolution of Muslim Marriage Act,1939 (Act No. VIII of 1939). * The Muslim Family Laws Ordinance, 1961(Act No. VIII of 1961). * The Muslim Family Laws Rules, 1961.

* The Muslim Marriages and Divorces (Registration) Act, 1974.

* The Muslim Marriage and Divorce (Registration) Rules, 1975.

Legislation for Hindu Community:

* The Hindu Marriage Disabilities Removal Act, 1946 (Act No. VIII of 1946).

* The Hindu Married Women's Right to separate Residence and Maintenance Act, 1946 (Act No. XIX of 1946). * The Hindu Women's Right to Property Act, 1937 (Act No. XIIX of 1937). * The Hindu Disposition of Property Act, 1937 (Act No. XIIX of 1937).

* The Hindu Inheritance (Removal of Disabilities) Act, 1928, (Act XII of 1928). * The Hindu Widow's Re-marriages Act, 1856 (Act No. XI, XV of 1856). * The Hindu Validity Act, 1949.

Legislation for Chirstain Community: * The Christian Marriage Act, 1872 (Act No. XV of 1872).

* The Christian Married Women's Property Act, 1874 (Act No. XV of * The Divorce Act, 1869 (Act No. IV of 1869).

1872).

* The Succession Act, 1925 (Act No. 39of 1925)

Bangladesh Parliament has amended a number of existing laws and new legislations made to prevent woman and female child abuse in the society. Some notables among these legislations are: dowry prevention act, prevention of marriage of minor girls, Women and Children Repression Prevention Act, 2000 etc. Bangladesh also established Women Abuse Prevention Cell and rehabilitation centers for abused women to give legal assistance and counseling for prevention of women and children abuse. Over and above, the District and Sessions Judge has fund to defray the cost as legal fee and other costs.

The Domestic Violence (Prevention and Protection) Act, 2010 was passed as a signatory state to the UN Charter on Prevention of All Forms of Discrimination to Women, 1979 and the Child Rights Charter 1989. These law and charter for establishing equal rights of women and children as prescribed in the constitution of Bangladesh for ensuring protection of women and children from family violence.

The Domestic Violence Rules, 2013 were framed and approved as complementary to the Domestic Violence (Prevention and Protection) Act, 2010 which applies for all victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual

orientation, and which must be applied consistently with all nondiscrimination and fair housing requirements.. Previously, the domestic violence related incidences were filed under the Women and Children Repression Act.

A Pornography Control Act, 2012 has been enacted to prevent deterioration of moral and ethical values of the society and to prevent the use of information with criminal intention. The law has restricted publishing of pictures of victims of rape and the perpetrators (section 8). A National Broadcasting Policy 2014 has been promulgated with the objectives of prevent under mining any people.

Child marriage has been illegal in Bangladesh since the adoption of the Child Marriage Restraint Act of 1929. However, the law is poorly enforced and the punishment - up to one month in jail and/or a fine of up to 1,000 Taka (US$13) - rarely acts as a deterrent. allowing marriage under 18 in "special cases" would be a step backwards for Bangladesh. The law has been amended in 2017 allowing marriage under 18 in "special cases" (such as pregnancy) would be a step backwards for Bangladesh.

The new law also does not specify a minimum age of marriage. The new law increases the punishment for committing or assisting in child marriage. If the accused is an adult, he would be punished with imprisonment up to 2 years and/ or a fine up to BDT 1 lakh. Similar punishment will be applicable to the guardians, relatives or marriage registrar who directly get involved in child marriage. The license of the registrar could also be cancelled.

The Citizenship Act (amended), 2009 has provision to change the previous anomaly that children of any Bangladeshi woman marrying a foreigner would not be Bangladeshi citizens. Now a child by will get citizenship from mother as well.

The Mobile Court Act 2009 is a controversial law due to judicial authority given to administrative officials. The law is for on spot trial of certain offences and under the law, the executive magistrate was given power to take steps by linking Section 509 of the Bangladesh Penal Code in the schedule of Mobile Court Act to resist and prevent eve teasing and sexual harassment of the girls and women.

The Labour Code, 2006 and its revision in 2013 recognized the issue of sexual harassment in the work place. The Judiciary is also concerned and framed some law and rules. In 2011, the Appellate Division of the Supreme Court of Bangladesh declared that fatwa or Islamic religious edicts could be issued on "religious matters". Any extra judicial punishment in the name of Fatwa has been declared illegal.

On 12th of April 2018 the Hon'ble High Court delivered a judgment in writ petition clearly banning the "two-finger test" on rape survivors. The Court also pronounced following 8 (eight) directions.

Physicians/ forensic experts shall issue medical certificates about examination of rape, they shall not use the degrading word "habituated to sexual intercourse" and shall not ask any questions of her previous sexual experience.

May 13, 2009, the High Court Division of the Supreme Court issued a set of guidelines defining sexual delinquency to prevent any kind of physical, mental or sexual harassment of women, girls

and children at their workplaces, educational institutions and other public places including roads across the country. The HC directed the government to make a law on the basis of the guidelines, and ruled that the guidelines will be treated as a law until the law is made.

The court also directed the concerned authorities to form a five-member harassment complaint committee headed by a woman at every workplace and institution to investigate allegations of harassment of women. According to this rule, majority of the committee members must be women.

The committee will examine complaints from girls or women if they are subjected to any mental, physical or sexual harassment, and recommend to the authorities to take action against the accused persons.

The HC has defined sexual harassment include: disturbing women and children through letters, emails, SMS, posters, writings on walls, benches, chairs, tables, notice boards and threatening or pressing them to make sexual relations are sexual harassment and torture etc.

Rape, sexual provocation, envious or intentional propaganda against women and children, and showing such films, digital images, paintings, cartoons, leaflets, posters and still photographs are also considered as indirect sexual harassment and torture.

According to the guidelines, nobody can touch or hurt with any bad intention any part of the body of a girl or woman. Any indecent word or comment cannot be used about them, and any unknown adult girl or any woman cannot be addressed as a beautiful one with any bad intention.

A National Action Plan to Prevent Violence Against Women and Children (2013-2025) has been approved by the government. The plan is for preventing violence against women and children through coordination among government machineries, non-government organizations, development partners and civil society organizations.

It is for creating public awareness for changing the negative attitudes, beliefs and values towards women and children and developing a comprehensive social institution for overcoming the consequences and preventing violence against women and children.

The writer is a legal economist. Email: mssiddiqui2035@gmail.com