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8/13/2019 Woman Rights in Bd Praspective
1/25
Introduction
Women are part and parcel of society. They are the nerve of the society. We cannot deny their role in the
global society. We cannot imagine a body without a heart. Similarly it is not to think a societal improvement
without the participation of the women with this view in mind our national poet quoted that the creation of
the world whatever great and beneficial for human being are shared fifty by man and fifty percent women. InBangladesh practical field of present twenty century they cant live independently.
We know from Bangladesh bouro us of statistics BBS that almost !" of population are women. So without
the development and participation of women equal as men# our national development will be surely
hampered.
$ight is the power or privilege to which is entitled or a thing to which one has a %ust claim. &any different
types of rights have been described. &any of them terns means such kind of right which deal women or
females facility to get right proper life and right to get right to deal own economic political etc. 'very women
have right to get right to life# right to proper education# freedom of movement it is universal declaration for all
women.
Something special opinion# women in the village work longer and harder than men folk caring for domestic
animals the fields# tending children and cooking. (ll the boiling# drying and husking of paddy is e)clusively
womens work.
*ouse spent in household activities like caring for elderly relatives and the sick are not seen as since they
do not earn money for the family. (s farm labor# women yet roughly +! percent of a men wage# according to
reaches. ,r. (tiar $ahman# a research fellow of the Bangladesh intituation of development studies BI,S#
has calculated in a reset study that women work - hours more in a week than men.
Similarly the /0 childrens agency# /01234# estimates that boys who not do not go to the school. Spend
only - minutes on housework daily# while girls who have a doped out shoulder five hour off around the
work.
.- (im of the study
Women are favorite sub%ects of literature# and Bangladeshi women are no e)ception. The beauty and charm
of Bangladeshi women are e)tolled in poems# legends and short stories. But the suffering of Bangladeshi
women hardly comes out in the literature. Bangladeshi women endure oppression and deprivation in their
own family# community or in the society at large. They are also sub%ected to violence and discrimination. In a
large country like Bangladesh# with its socio5economic and legal systems biased against the poor and the
women# Bangladeshi women are in difficult situation.
The discriminatory attitude against women# rooted in the family and e)tends to the State level# should be
ended. Because of the constraints from the family# society and the State in general# Bangladeshi women are
not aware of their rights. (nd even if some of them become aware of their rights# they still would not assert
them due to the 6ingrained une)pected continuity7 8i.e.# the traditional belief of keeping women under the
shadow of somebody such as their fathers or husbands9.
.: Importance of Study
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'ntitlements of women and girls of all ages are granted. These rights may or may not be institutionali;ed#
ignored or suppressed by law# local custom# and behavior in a particular society. These liberties are
grouped together and differentiated from broader notions of human rights because they often differ from the
freedoms inherently possessed by or recogni;ed for men and boys and because activists for this issue
claim an inherent historical and traditional bias against the e)ercise of rights by women and girls.Issues commonly associated with notions of womens rights include# though are not limited to# the right< to
bodily integrity and autonomy= to vote 8universal suffrage9= to hold public office= to work= to fair wages or
equal pay= to own property= to education= to serve in the military or be conscripted= to enter into legal
contracts= and to have marital# parental and religious rights. Women and their supporters have campaigned
and in some places continue to campaign for the same rights as modern men.
.+ Scope and >imitation of Study
This section of the report has listed some of ma%or limitation# which the study has undergone. The finding of
study should be consumed?utili;ed in light of the following limitations.
The study is based on attitude and opinion survey of some teacher# student and lawyer# the questionnaires
were developed# and administered by &,. Borhan /ddin. The finding has inherent sampling errors and#
therefore# cannot be generali;ed.
The evaluation of study have been attempted through opinion of respondents# not from general public and#
therefore# mostlikely to reflect response bias. This is another important limitation of the study.
The study has very limited scope and encompasses the volunteer and staffs by me. I am use many 0@As
which are related with these activate. The study does not take into consideration other parallel government
as well as nongovernment organi;ation working at the grass5roots areas with similar ob%ective.
. ðodology of Study
The methodology used in the thesis is ualitative ðodology. Aur research works are based on
. *istorical Study# and
-. (nalytical Study.
. *istorical Studyaw along with the general law which is non5religious and secular in its character. The &uslim
personal law covers the field of marriage# divorce# maintenance# guardianship of children and inheritance
whereas the general law covers the rights under the 2onstitution# penal codes# the civil and criminal
procedure codes# evidence act etc.
It is necessary to e)amine the legal status of the &uslim women in Bangladesh in the conte)t of these two
sets of law as in both cases women are supposedly fortified with theoretical legal rights# but there is a gulf of
difference e)isting between theory and its actual application. &ost important of all# it must be seen that
some of these laws though e)cellent in theory prove largely elusive in practice. The main hurdle that lies in
the way of the practical application of the legal rights of women in Bangladesh is obviously the inherent
contradiction of attitude that permeates the male oriented society considerably supported by religious
beliefs. In this discussion# however# I shall mainly refer to those statutes or those provisions of a statute
which treat men and women differently.
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&atters not covered herein after should be understood to have egalitarian principles giving women the same
rights and obligations as the men. >et us discuss the legal rights of &uslim women in Bangladesh
Before going onto specific rights we must know that the large ma%ority of people in Bangladesh are &uslims
and of these most are *anafi.
&uslims while an only small minority of them belongs to any other sects. Thus in general when a point ismade about the law relating to &uslims it will be referring to the law which governs the ma%ority. Therefore#
we should note that historically the provisions we regard as provisions of pure Islamic >aw are to a large
e)tent uranic utterances which were applied to the reformation of the pre5Islamic (rabian customary law.
8Salma Sobhan# p!9. (ccording to 4y;ee# 6The uranic reform came as a super5structure upon the
ancient tribal laws< it corrected many of the social and economic inequalities then prevalent.7
4a;lur $ahman also makes the same point# 6Whereas the spirit of the uranic legislation e)hibits an
obvious direction towards the progressive embodiment of the fundamental human valuesHnonetheless the
actual legislation of the uran had partly to accept the then e)isting society as a term of reference.7
We should also note further that these laws in the sub5continent have been modified in many cases not only
by Statute and by custom but also by case law.
The other important point to remember is that though uran has immensely improved the status of women
in several directions# society as a whole maintained the inequalities that still remained. 0ot only that# though
over the course of years some disparities were modified by different laws# custom has sometimes been
strong enough to militate against the uranic rule of law. There is# therefore# no reason to suppose that all
the rules that we are going to consider were meant to be definitive for all times. 0ow let us return to the
specific laws.
:.- Succession and $ight to property.
&uslim law of inheritance has two distinct elements# namely# the customs of ancient (rabia and the rules
laid down by the uran and prophet &ohammad. /nder the customary law of pre5Islamic (rabia the
women in whatever capacity were e)cluded from inheritance. The uran made quite a considerable
change of the position.
(ccording to the &uslim >aw there are three kinds of heirs
8i9 6sharers7 who are entitled to a prescribed share of the inheritance#
8ii9 6residuaries7 who take on prescribed share# but succeed to the residue left after satisfying the
claims of the sharers# and
8iii9 6distant kindreds7 who are blood relations other than the sharers and residuaries# and succeed generally
in the absence of sharers and residuaries. In the classification of the heirs# it is important to note that though
the sons son and sons daughter have been made residuary and sharer respectively# daughters children
have been made distant kindred.
The principles of succession among the sharers and residuaries are two5fold
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/nder the &uslim >aw# the wife 8or wives taken together9 get one5eighth if there is child# and one fourth if
there be no child from the estate of her husband# though the husband gets e)actly double. &other gets from
the estate of her sons one5si)th when there is child of her son or when there are two or more brothers or
sisters or one brother and one sister of her son# and one third when there is no child and not more than one
brother or sister of her son. An the other hand# the father gets from the estate of his son one5si)th if therebe child of his son and in the absence of any child of his son= he gets the entire residue after satisfying other
sharers claim# and so on and so forth. 89 It is significant that the uran has provided that daughter# mother
and wife would under all circumstances be entitled to some share in the inheritance and are not liable to
e)clusion from inheritance# but they are not treated at par with their male counterparts# i.e. son# father and
husband and to this e)tent rules of inheritance are discriminatory. Women in fact were not given parity in the
matter of their shares and as a general rule# the female is given one5half the share of the male. Salma
Sobhan writes# since 6the 3oran is to be likened to an 6amending act7 rather an e)haustive codeH in the
changed society there is little reason to perpetuate this distinction.7
The case of sisters inheritance is equally discriminatory. (ccording to the rule of nearer in relationship
e)cluding the remoter in relationship# children of a pre5deceased son or daughter would not inherit if a
person died leaving another son. This often rendered the child or child of pre5deceased child destitute. This
inequity# however# has been removed by &uslim 4amily >aws ordinance# CJ.
Which provides that the children of the predeceased child would inherit the share which the pre5deceased
children would have inherited had he or she been alive. But the widow of a predeceased son remains as
helpless as before as she does not inherit anything of this ordinance.
:.: &arriage# divorce and connected matters
&arriage in Islam is a contract and every &uslim of sound mind who has attained puberty may enter into a
contract of marriage. Fuberty is presumed# in the absence of evidence# when one reaches the age of
years# but this presumption is refutable.
/ntil the age of puberty# a minor may be given in marriage by his or her guardian and though this is in fact
against the provisions of the 2hild &arriage $estraint (ct# such a marriage even under that (ct would not
be void. /nder the Sharia *anafi# a girl given in marriage below the age of puberty can repudiate that
marriage after she attained it and up to the age of provided the marriage was not consummated. By
statute puberty is no longer relevant and girl given in marriage below the age of J can repudiate the
marriage either on the attaining of J years# or puberty# where she was married before puberty. Since
according to the Sharia a girl is free from guardianship at puberty and by the time she is : this is assumed#
the law presents another anomaly in that a girl can give herself in marriage if she wishes below the age of
J# if she has attained puberty and the marriage would be valid though the person officiating and the groom
himself where he was over would be liable for punishment under the 2hild &arriage $estraint (ct.
Though a minor may be given in marriage# no minor may contract herself in marriage during her minority
and any such marriage would be held to be void.
Where a minor has been given in marriage and marriage has been consummated before puberty such
consummation does not operate to deprive the minor of the option to repudiate after puberty. *owever there
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appears no provision for e)plaining or informing the minor of this right either at the time of her marriage or
when she attains puberty. It would further appear that even in cases where a girl was given in marriage
before puberty# she attained puberty or say the age of + ?- years and subsequently the marriage was
consummated# she should have the right under statute to repudiate the marriage after she was J provided
there were no further acts of consummation between the period of her Jth or th years.( &uslim male can contract valid marriage with a &uslim as also with a 3etabi 81ew or 2hristian9. But his
marriage with an idolatress will be irregular. An the other hand# ( &uslim woman may not contract a valid
marriage with any one else but a &uslim. ( marriage with a 2hristian or a 1ew would be irregular while a
marriage with a *indu would be invalid 8that is any children born would be illegitimate9. It simply means that
while a man may marry someone who is not his 6social equal7 a woman should be protected against such
marriages. ( &uslim male can take four wives at a time# but a &uslim woman cannot take more than one
husband. 'ven a male marries having already four wives= the fifth marriage is not void# but only irregular.
Though Islamic >aw vastly improved the then status of woman# the idea of woman being a property could
not be altogether thrown away as can be found from the permissibility of plurality of wives.
*owever# reali;ing the evil effects of and the in%ustice inherent in the polygamy of men &uslim 4amily >aws
Ardinance# CJKL was passed. Sec.J of the Ardinance provides that no man# during the subsistence of
e)isting marriage# shall contract another marriage without prior written permission of (rbitration 2ouncil and
violation of this provision entails liability of conviction and punishment.
The (rbitration 2ouncil while dealing with an application for permission to marry during the subsistence of a
marriage would consider whether the e)isting wife consents to such marriage and whether it is necessary
and %ust to grant the permission. But this legislation failed to produce the desired result because due to
protracted procedure in courts few inclined to bring violations to court and because the (rbitration 2ouncil
being manned by males very often were not un5willing to accord permission on the slightest prete)ts. The
law did not make adequate provision to control the discretion of the (rbitration council.
By Bengal (ct 0M. of DJK-L provision was made for registration of &uslim marriages# but registration
under this (ct was optional. &uslim 4amily >aws Ardinance CJ made the registration compulsory and
en%oined the 3a;iK:L on pain of punishment to report solemni;ation of marriage to marriage registrar so that
the marriage may be registered. Similar provisions have been made by &uslim &arriages and ,ivorces (ct#
CD+.
Ane of the essential parts of &uslim marriage is 6dower7 paid or promised to be paid by the husband to the
wife. ,ower must not# however be confused with 6dowry7 which consists of presents made by father and
other relations of the bride and &uslim >aw does not make any provision for payment of dowry. ,ower is
the sum of money or other property which the wife is entitled to receive from the husband in consideration of
marriage.K+L The amount of dower may be fi)ed either before or at the time of marriage of after marriage.
The law does not say anything about the quantum of dower. The amount of dower is generally split into two
parts5 6prompt dower7 which is payable immediately on demand by the wife and 6deferred dower7 which is
payable only on dissolution of marriage by death or divorce. In view of the provisions of &uslim 4amily >aws
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Ardinance# the entire amount is now to be treated as 6prompt7. The claim to dower is not lost even when the
marriage is dissolved by 2ourt at the instance of the wife or when the wife e)ercises the right to divorce.
It is in the field of divorce that the most flagrant inequality between husband and wife e)ists. The husband
has the right of unilateral divorce# for no cause at all. The wife has no such right# and when her husband
e)ercises his right# the wife has no redress. The women can have %udicial separation on specified groundsthrough intervention of 2ourt. The &uslim 4amily >aw Ardinance CJ though has already provided for
arbiters# the arbitration council cannot prevent the talaq by the husband even if it be highly arbitrary and
un%ust and can only delay the action in the hope that some conciliation will result.
The most common mode of divorce by man prevalent in Bangladesh is 8Bedai Talak9KL which takes effect
immediately without the requirement of communication to the wife for its validity. The husband pronounces
three times that he divorces his wife and with the third pronouncement the Talak becomes irrevocable and
takes effect on completion of a certain period. This may also be done by writing on a piece of paper. Ance
this right was e)ercised the parties could not re5marry without the intervention of another marriage# i.e.
unless the wife was married to a third person and then divorced after consummation of the marriageKJL. With
the introduction of the &uslim 4amily >aw Ardinance CJ# the position has changed. Section D of the
Ardinance provides that ,ivorce given by the husband shall not take effect until the husband has given
notice of the ,ivorce to the chairman of local administrative unit# /nion Farishad and ninety days have
elapsed after issuance of the said notice and within the said period the husband can revoke the ,ivorce.
The husband is also to give a copy of the said notice to the wife.
The 2hairman on receipt of the notice would constitute (rbitration 2ouncil for effecting a reconciliation
which# if successful# would render the divorce ineffective. It is an offence not to notify the 2hairman about
e)ercise of ,ivorce by the husband. The provisions of Sec. D of the Ardinance apply mutates mutandis in
case of divorce e)ercised by the wife and the divorce does not take effect unless notice thereof is given to
the 2hairman and C! days have elapsed thereafter.
The husband can delegate his power of divorce to his unconditionally or with condition and that is called
Talak5e5Tawfee;. When any condition is stipulated the wife can divorce her husband in the happening of
that condition. 0ow the divorced parties can remarry without the formality of the marriage with third party.KDL
&uslim marriage can be dissolved by agreement between the husband and wife and it may take the force of
3hula or &ubarrat. In 3hula# the marriage is dissolved by an agreement between the parties for a
consideration paid# or to be paid# by the wife to the husband# it being necessary condition that the desire to
separate should come from the wife. Where desire to the separation is mutual# it is said to be &ubarat. (
wife is entitled to 3hula as of right or restoration of what she had received in consideration of marriage# if
she satisfies the conscience of the court that it will otherwise mean forcing her into a hateful union. (s
stated above# a &uslim female does not have the right to divorce in the way a mal5e has# but she could seek
%udicial divorce on grounds permitted by &uslim >aw. The ,issolution of &uslim &arriage (ct# C:C#KL was
passed in order to consolidate and to clarify those grounds and also to add some new grounds.
( wife is entitled to obtain a %udicial divorce on neglect or failure of the husband to provide maintenance for
two years. But if the wife refuses herself to her husband without any lawful e)cuse and deserts her
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husband# or otherwise willfully fails to perform her marital duties# she has no right to claim maintenance and
cannot obtain a decree for dissolution of marriage on the ground of nonpayment of maintenance. The fact
that the wife is a woman of means would not be a defence to the claim of %udicial divorce for non5payment of
maintenance. ( &uslim woman can obtain %udicial divorce on any ground recognised by &uslim >aw. Thus
a wife is entitled to %udicial divorce if the husband brings false charge of adultery against her unless thehusband bonafide retracts the charge of adultery. To constitute a valid retraction# it must be made before
the commencement of the hearing of the suit# it must be bonafide and there must be an admission by the
husband about making the charge and an unconditional acknowledgement by him that the charge is false.
Incompatibility of temperament as results in a hateful union has been accepted as a ground for seeking
%udicial divorce. Before the ,issolution of &uslim &arriage (ct C:C apostasy from Islam of either party
operated as a complete and immediate dissolution of marriage. (fter passing of the (ct# apostasy from
Islam of the wife does not dissolve the marriage 8Sec.+ of the (ct9 while apostasy of the husband dissolves
the marriage immediately. 8&ulla.F.:!9
:.+ &aintenance
In accordance with &uslim >aw# the father is bound to maintain his daughter until she is married 8&ulla9.
The fact that the mother has the custody of the daughter till the latter attains puberty does not relieve the
father of his obligation to maintain the daughter 8&ulla9. If the father is poor# but the mother is in easy
circumstances# the mother has the obligation to maintain the daughter 8&ulla9. But a father is not bound to
maintain a daughter who is capable of being maintained out of her own property.
( &uslim mother is entitled to maintenance from her son if she is poor or if the son is financially solvent
8&ulla9. ( &uslim husband is bound to maintain his wife so long the wife remains faithful to him and obeys
his reasonable orders. If the wife refuses herself to her husband without any lawful e)cuse and deserts her
husband or otherwise willfully fails to perform her marital obligations she has no right to claim maintenance
from the husband. But if the wife refuses to perform her marital obligations on the failure of the husband to
pay the prompt dower the husband will not be absolved of his liability to maintain his wife 8&ulla9.
( &uslim woman in the event of divorce is entitled to maintenance by the husband till the e)piry of the
period of IddatKCL. ( &uslim male maintains his daughter as best as his means permit and a husband also
maintains his wife to the best of his ability so long the relationship remains good# but if the relationship is
estranged# the condition of the wife is very difficult. The social milieu and cumbersome court procedure
made it difficult for the wife to have maintenance through 2ourt. &uslim 4amily >aws Ardinance# CJ tried
to evolve a procedure through which the wife can easily have her remedy# but it has not produced any
appreciable improvement. The 4amily 2ourts Ardinance# C# however# has been promulgated to deal with
divorce and related matters and provisions have been made to dispose the cases of within the shortest time
possible.
( &uslim widow is essentially dependent on her son# for# generally even her share in the property of her
husband remains in the hands of the son and ironically enough# her fate depends upon the attitude of the
daughter5in5law. But if the widow has no son to depend upon the relations of the husband= her condition in
most cases is miserable.
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:. @uardianship of children
In the matter of guardianship of children# a &uslim woman is definitely at odds. /nder &uslim >aw# the
mother is entitled only to the custody of the person of her minor child up to a certain age according to the
se) of the child. But she is not the natural guardian either of the person or property of the child= the father
alone# or if he is dead# his e)ecutor is the legal guardian. Some %urist points out 6In Islam a carefuldistinction is made between being entitled to the custody of ones children and being their guardian one
would be tempted to compare the difference between these two concepts to the difference between
possession and ownership. In any event# in &uslim >aw# the mother is never entitled to the guardianship of
her children.
*owever# a mother is always entitled in the first instance to the care and custody of her young children. *er
sons she may keep till they are seven# and her daughters till puberty. The father is responsible for their
maintenance during that period. ( mother may lose custody of her children# particularity her daughters# if
she re5marries a stranger# someone that is# who is not barred to the children by the rule of consanguinity.
These are the basic rules# but they have been modified# not only by the @uardian and Wards (ct# but there
is also a fairly substantial amount of case5law on the sub%ect# which on the whole has been very sane. 6
It is laid down by the @uardian and Wards (ct# C! that the courts have stated that these provisions are for
the benefit and protection of the child# and that it is the courts paramount duty to consider the welfare of the
children over the rights of the parents. K!L
(ccording to Some %urists again stated that# 6Thus remarriage of the mother outside the permitted degrees
has not been held an absolute reason for depriving her of the custody of her children. The children having
been all along in the custody ceased# it was still considered advisable to let them continue in her care and
control# as the father had re5married and it was felt that the childrens interests would not be so well looked
after by their stepmother. The father is only free from the burden of maintaining his children where they are
being withheld from him illegally. The mothers poverty is never a sufficient reason to deprive her of her right
to the custody of her children.7 KL
/nder the @uardian and Wards (ct# further# a mother can always apply to the court to be appointed the
guardian of her children.
:.J 4indings
An the basis of the above discussion# probably it is a bit too strong to say that the law actively# in all
spheres# denigrates women# but it certainly does not elevate them. ,iscussing the law of maintenance of
wives under &uslim >aw# 0aimuddin (hmed writes# - In Bangladesh# the law# as it is# cannot probably
rescue &uslim wives from# first# being abandoned and then being divorced and left with a life5time of
indigence by arbitrary# capricious and whimsical husbands.7K-L
The weakness in the &uslim 4amily >aw Ardinance CJ is that not only is the second marriage not made
void# but that the right of unilateral divorce is not effectively curbed# so that any woman opposing her
husbands remarrying# in a system where there is no alimony for a divorced woman# and where she will
rarely have been given an appropriate education to enable her to earn her own living# runs the risk of
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destitution. It is true that the social attitude contributes to this dismal state of affaires# but the situation can
considerably be improved by reform of law.
When the 2onstitution professes equality of women with men# the need to review and revise the law to
ensure fundamental rights to equality hardly requires any emphasis. 0ot only that he law should be revised#
but its enforcement should be made easy# speedy and similar so that the women can get some benefit outof whatever the law is offering. /nless the law itself along with the procedure for its enforcement is changed#
the position of &uslim women in Bangladesh will continue to remain sub%ect to such humiliating condition
because of erroneous concept of law# of womens position in society and also of humanity as a whole.
It may be mentioned here that the various womens organisations# namely the &ahila Farishad# Womens
>awyers (ssociation and the 2ommittee for $esistance to Niolence to Women and Social In%ustices are
working seriously towards reformation of >aw as well as speedy ad%udication of the same. Ane of the results
of long struggles of women in Bangladesh is the promulgation of the 4amily 2ourts Ardinance# C# the
2ruelty to Women 8,eterrent Funishment9 Ardinance C: and the ,owry Frohibition (ct# C!.
Women are being more and more conscious about their religious# social# economic# political as well as legal
position and are showing quite a considerable interest in working towards a more egalitarian and %ust
situation.
2*(FT'$5+
+. Its affect on the empowerment of muslim women
The &ahr?,ower is something that is paid by the husband to his wife. It is paid to the wife only as an honour
and respect and to show that he has a serious desire to marry her and is not simply entering into the
marriage contract without any sense of responsibility and obligation or effort on his part. It is also a provision
for her rainy days and socially it became a check on the capricious e)ercise by the husband of his unlimited
power of divorce. ,owry is a new phenomenon for the &uslim communities in Bangladesh# with enlarged
effects after independence. 4or the *indu community also# its impact was not so widespread before
liberation.
Some authors in Bangladesh are claiming that dowry has become an essential criterion for marriage in
every community and is near universal in Bangladeshi society. The simple gesture of %amai ador or special
affection shown to the bridegroom has been transformed to the shape of daabi or demand by the
bridegrooms. 'ven poor men are taking this chance of e)ploiting the brides family to improve their fate from
poverty and unemployment. This is making marriage a commercial transaction# giving more value to
property and money than the bride herself.
+.- The right of ,ower8&ahorana9
(llah says in the Quranaws on ,owerFrompt ,ower becomes payable immediately after the marriage and must be paid on demand. The wife
claiming the prompt dower stands as an unsecured creditor. If the prompt dower is not paid she could
refuse to stay with her husband and also can take legal action. In 0uruddin (hmed v. &asuda 3hanam it
was held that prompt dower may be considered a debt always due and able to be demanded and payable
upon demand. The wife is under the &uslim law entitled to refuse herself to her husband until and unless
the prompt dower is paid.
Where the wife felt that possible way to win or retain the affection of her husband was to act on his
suggestion and to remit the dower. It was held that she did not act as a free agent and it would be inequities
to hold that a woman who remits dower in such circumstances is bound by it.
It was held in the case of $ahim 1an v. &d. that the wife can refuse to live with her husband if dower is not
paid on her demand and consummation does not affect this right of the wife. But after cohabitation# the
proper course for the court is to pass a decree for restitution of con%ugal rights conditional on payment of
prompt dower this was held in the leading case of (nis Begum v. &d. Istafa Wali 3han.
In $abia 3hatoon v. &uktar (hmad It was held that the right of refusing herself is lost on consummation.
Thus if the husband files a suit for restitution of con%ugal rights before consummation nonpayment of prompt
dower is a complete defence.
,eferred ,ower becomes payable at the termination on dissolution or marriage either by death or divorce. If
by divorce than dower can be recovered by compromise or suing in the family court. If by death than dower
can be recovered from her husbands estate ? compromise ? suing.
Islamic law does not fi) any ma)imum amount of dower# but makes it obligatory for the husband to pay
whatever amount has been specified and whatever amount is assessed if not specified. 4i)ing of e)cessive
amounts of dower is being used in South (sia as a means to control and check the husbands unilateral and
unlimited power of divorce# as he has to pay the full amount of dower at the time of divorce. But it also acts
as a status matter# in which case there is not intention to pay the stipulated amount in full. (ttempts have
been made to curb the fi)ation of e)cessive amounts of dower in India which go against the interests of
&uslim women# but no similar provision has been made in Fakistan or later in Bangladesh. There has been
some confusion over dower and dowry after the ,owry and Briadal @ifts 8$estriction9 (ct of CDJ in
Fakistan# but this has now been clarified.
+.+ The real scenario
It was found in a study of the metropolitan city of ,haka that " of &uslim wives did not receive any dower
at all. If this is the situation in the capital city# one can anticipate an alarming situation in the rural remote
areas. Why are women not receiving their legal right of dowerG To inquire into this one has to probe into the
causes for not giving dower. *ere the same causes for which the women in Bangladesh are being
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subordinated come in# as women are dominated in the patriarchal family and in the wider socio5religious
arena. What needs to be ascertained here# in particular# seems to be whether the womens right to dower is
being enlarged or reduced by local customary conventions.
+. ,efining dowry
There is considerable debate what constitutes dowry in its various forms. The confusion is more acute as inthe societal conte)t dowry is differently defined than in anti5dowry law. In a patriarchally dominated social
conte)t dowry refers to property given to the bridegroom and his family but the anti5dowry law regards it as
the e)clusive property of the bride. The modern phenomenon of dowry# property given or agreed to be given
to the bridegroom or his relatives# does not tally with the earlier concepts of bride5price and with the
customary concepts of giving property to the bride herself.
,owry and bride price have received substantial attention in the anthropological literature. In fact# there is
now a large volume of ethnographic and theoretical literature on dowry and bride5price. &uch of this
literature concerns the problems of the wide5spread switch from bride5price to dowry as marriage pre5
stations.
+.J Autgrowth of dowry
The modern phenomenon of dowry in South (sia is its abuse as an inducement for a man to marry a
woman or# with the same effect# demands of dowry payments by a man or his family. The result is a
tendency to regard it as a groom5price# which is distinguished from the traditional kanyadan 8gift of the
virgin9 or bride5wealth. This modern feature of dowry means the transmission of large sums of money#
%ewellery# cash# and other goods from the brides family to the grooms family. The emergence of dowry and
the switch from brideprice have been e)plained by some authors as the cause of the decline of the earning
capabilities and productivity of women. (ccording to this view the system of dowry is closely linked with
womens role in productive activities. Where women are regarded as an unproductive burden# a dowry is
given to the bridegrooms side to compensate them. *owever# the present spread of dowry cannot be
e)plained only with variables like non5participation of women in economic activity.
+.D The confusions
The dowry system is not recognised in the religion or the law of the &uslim societies but has spread into it.
2onversely# Islamic law provides dower to enhance the status of women. Why should &uslim women# who
are supposed to be protected by dower# become victims of dowryG It is important to note that until now
authors confuse dower with dowry. Ferhaps the aspect of womens property or stridhanam in *indu law and
dower as the e)clusive property of the wife are seen as synonymous. When dowry is regarded as
stridhanam or pre5mortem inheritance for women# contradictions arise and the equation of dowry with
stridhanam has been disputed by several authors. They argue that the situation is absolutely reverse# as
dowry is not a gift to the wife or her e)clusive property but the property of her in5laws. The anti5dowry law
stated that property given as dowry belongs to the wife but later on amended the law. *owever# the
misconceptions still lingers on that she has been paid dowry than why should she be a part and parcel of
the successionG
Thus# the recent emergence of dowry among Bangladeshi &uslims is more due to simple greed and comer
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canali;ation of marriage than the impact of traditional culture# the urge of hypergamy and the undermining of
the womens productive role. The impact of men coming into contact with a wider cash economy by going
abroad has also been shown to be a significant variable for their raised e)pectations in marriage.
+. 2urse of dowry
,owry deaths are a common phenomenon in South (sia. These deaths of women are usually caused bythe same persons who are legally and socially supposed to protect them# i.e. their husband or in5laws. It has
been rightly pointed out that dowry deaths are gruesome reminder of the authoritativeness of patriarchy. In
one study# dowry demands have been identified as one of the ma%or causes of murder of women in
Bangladesh. The authors have established their finding by a table gathered from different media sources#
showing that almost !" of all murders of women in Bangladesh in the years C:5C+ were for dowry
causes.
+.C >aws on dowry
India was first in South (sia to make an attempt to control the dowry problem by passing the ,owry
Frohibition (ct of CJ. Subsequently# Fakistan made relevant legislative enactments# which significantly
were only applicable for the Western wing of the country. (fter independence in Bangladesh the problems
of dowry became so horrendous that activist women and some enlightened males were demanding
legislation to stamp out this social evil. It was not considered right to treat women as a commodity to be
transferred in marriage for consideration of property and money when the religious and official family laws
did not regard women as chattels. &oreover# the 2onstitution of Bangladesh apparently provides se)ual
equality. The commodisation of women was seen as neo5patriarchy# which should not be tolerated any
longer. /nder such pressure# the government passed the ,owry Frohibition (ct of C!.
The real need of women in Bangladesh is to be protected from violence and economic deprivation. ,owry
problems involve both aspects of the need# i.e. freedom from economic deprivation and violence. ,emands
for reforms to control these problems were already made earlier and the ,owry Frohibition (ct# C! and
the 2ruelty to Women 8,eterrent Funishment9 Ardinance# C: were enacted in response to growing
evidence of cruelty against women. $ecently a more comprehensive enactment 8the $epression (gainst
Women and 2hildren 8Special 'nactment9 (ct )viii of CC has repealed the 2ruelty to Women 8,eterrent
Funishment9 Ardinance# C: and enhanced the punishment. &ore recently The Women and 2hildren
$epression Frevention 8Special Frovision9 (ct -!!! e)aggerated punishments in most cases upto death
penalty for crime against women and children. We need to assess whether these legislation has been
beneficial to women and seek to find out whether women are actually able to use the legal remedies
available under these new statutes.
+.! 2oncluding remarks
,owry deaths are a common phenomenon in South (sia. These deaths of women are caused by the same
persons who are legally and socially en%oined to protect them# i.e. their husbands or in5 laws. It has been
rightly pointed out that the dowry deaths are a gruesome reminder of the authoritativeness of patriarchy.
>egislation and other 0@A intervention cannot stamp out this social evil unless there is a shift in the attitude
of the people of South (sia.
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(s the roots of the problem of dowry appear to be social# remedies can only be achieved by changes of
attitude in society= this can be attempted by legislation# but will need to be supported by education and legal
awareness. The parents of a bride should understand that by giving dowry they may not be giving their
daughter any happiness= it has been claimed that it is only increasing her misfortune. The parents of the
bride are not in fact giving the dowry to their daughter but to their son5in5law and his family= this increasesgreed for more dowry. Farents should rather safeguard their daughters from economic deprivation and
violence by educating them about their rights within marriage as the dower right.
2*(FT'$5
. ,evelopment of women rights in Bangladesh
Bangladesh is a parliament democracy# with broad powers e)ercised by the Frime &inister Sheikh *asina#
leader of the (wami >eague# was Frime &inister until parliaments term of office e)pired in mid51uly. (
caretaker government was installed in accordance with constitution procedures and overview the national
elections. Frime &inister 3halada Oia# the leader of the Bangladesh 0ational Farty 8B0F9# came to power in
election on october deemed to be free and fair by international observer. Folitical campaigns and the
Actober election took place in a climate of sporadic violence and isolated irregularities. (ll of the ma%or
parties have frequently boycotted parliament while in the opposition# claiming that they had little opportunity
to engage in real debate of legislation and national issues. The higher level of the government= however#
lower %udicial officers full under the e)ecutive# and are reluctant to challenge government decisions. The
official secrets (ct of C-: can protect corruption government officials from public scrutiny# hindering the
transparency and accountability of the government at all levels.
The *ome affairs ministry controls the police and paramilitary forces# which have primary responsibility for
internal security. Frimarily due to the polices accountability to the e)ecutive# police often are reluctant to
pursue investigations against persons affiliated with the ruling party. The government frequently uses the
police for political purposes. There is widespread police corruption and lack of discipline. Folice officers
committed numerous serious human rights abuses and were seldom disciplined# even for the most
egregious actions.
Bangladesh is very poor country# occasionally beset by natural disasters that further hamper development.
(nnual per capita income among the population of appro)imately C.- million is appro)imately P:!= the
economic growth rate during the last fiscal year was appro)imately J percent. Slightly more than half of all
children are chronically malnourished. (ppro)imately J percent of the work force is involved in agriculture#
which accounts for for one5fourth of the gross domestic product. The economic is market based# but the
government owns all utilities# most transport companies# and many large manufacturing and distribution
firms. Small# wealthy elite controls much of the private economy# but there is an emerging middle class.
4oreign investment has increased significantly in the gas sector and in electrical power generation facilities.
Bangladeshs estimated over ! million inhabitants are C! percent &uslim. The country has a secular legal
system# though on issues of inheritance and marriage# &uslims follow Sharia law.
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6To bring changes to the narrow political culture# :: percent womens representation must be ensured by
any means#7 said (yesha 3hanam# president of the 0ational Womens (ssociation# 7the government will
initiate a process to abolish all laws that discriminate against women7
(ccording to Sultana 3amal# a former adviser to the government and now head of the 2entre for >aw and
(rbitration# a legal aid non5governmental organisation 80@A9# the 0W,F failed to mention anything aboutthe /0 2onvention on the 'limination of all 4orms of ,iscrimination (gainst Women# the uniform family
code# or the equal right of women to inherit property.Women in different religions get different shares of
properties Q equal in some religions and less in others. Aur demand was to formulate a uniform family code
giving women equal rights. The issue was not made clear in the policy.
.- Folitics
Women have been more politically stable in the last two decades. ( quota has ensured womens presence
in the local government and 0ational Farliament. (mong women politicians# the older group entered politics
through social work# while some among them and the new generation of have emerged from student
politics. ,espite many odds# statistics and analyses reveal a slowly growing trend towards womens political
participation. *owever# they face an ominous challenge. There has also been a growing influence of money
in Bangladesh politics# particularly in electoral politics and in guarding?promoting spheres of influence. This
acts as a further constraint on womens political participation since fewer women have access to financial
resources. It is very difficult for women to work effectively in this system unless such practices are
eradicated.
.: Folitical Farties
Farty affiliation depends on membership drives and on the organi;ational and electoral needs of each party.
The actual number of women members in different political parties# however# cannot be determined# since
gender5specific records are not maintained. 0evertheless# a slow trend towards womens greater
participation has emerged over the decade. (s party workers# women render valuable contributions in the
mobili;ation of voters# especially among other women. (lthough there are only a few women in leadership
positions# their numbers have increased over the last two decades. There is limited female involvement in
party hierarchical structures. *owever# women occupy the top leadership positions in each of the two
largest parties. They became leaders during crisis periods and have been successful as driving forces and
unifying factors of their respective parties. Significantly# neither of them inherited the mantle of leadership
when their party was in power. Ance placed in the position of leadership# they were able to generate their
own dynamics and momentum to lead their parties through difficult times. 0evertheless# their close and
inner circle of advisors mostly consists of men. In occupying the role of a leader in public life# they have
perhaps contributed to liberali;ing values in a predominantly &uslim culture where traditionally men had
e)clusive prerogative in politics. They played a crucial role toward democrati;ation and brought about a
certain degree of continuity into the political process. They have a strong potential to be positive role models
for women of all ages in Bangladesh# provided they demonstrate a commitment to gender equity by
involving more women in their parties and in government. The election manifestos and constitutions of
different political parties reveal that there is little emphasis on gender equality in party platforms.
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5.4 Electoral process(lthough women do not hold key positions during the electoral process# they render significant contributions
during election campaigns by taking part in organi;ing public meetings# processions# and rallies. Women
leaders and party workers engage in the task of mobili;ing and canvassing voters# particularly women# for
their party candidates. By making special arrangements such as separate election booths for women# and
females presiding as polling officers# the turnout rate of women voters has increased. ,uring the general
elections of CC and CCJ# and local level elections in CC: and CCD# the level of enthusiasm among
women to e)ercise their voting rights was very encouraging. Because of the special arrangements and
security measures taken by the @overnment# there were few disturbances and the presence of women in
polling centers was significant.
. >ocal @overnment
Women were first elected to local bodies in CD:. The /nion Farishad 'lection of CCD is a milestone in the
history of political empowerment of women in Bangladesh. The @overnment of Bangladesh enacted a law
for direct elections to reserve seats for women in local level elections. In CCD through an (ct# the
@overnment reserved three seats for women in the union parishad where women members are elected
from each of the three respective wards. (part from the reserved seats women can also contest for any of
the general seats. Freviously# the process of selection of the women representatives was on the basis of
nominations and?or indirect election. (round -#- women were elected as members in the CCD local
level elections. ( total of -! and ! women were elected as chairpersons and members# respectively# for
general seats. The @overnment has already issued different e)ecutive orders to ensure women members
participation in various decision5making committees.
The ma%ority of women representatives regularly attended parishad meetings# but only a few of them
participated in the deliberations and decisions. The female representatives usually involved themselves with
mass education# family planning# immuni;ation# handicrafts# relief activity# and shalish 8mediation in the
village court9. The women representatives have the potentials to become change agents for rural women
and various 0@As. ( few government institutions such as the 0ational Institute of >ocal @overnment are
training women on various development5related issues# legal aid# and organi;ational structure of local
bodies and their roles and functions to enable them play their role effectively.
5.6 Cabinet and Public Serices(lthough two women Frime &inisters have headed the @overnment during the last si) years and the
leaders of the opposition in Farliament were also women# this does not reflect the gender composition of
participation and decision making at the highest policy level. (t the ministerial level# womens representation
has never risen above : percent.
Before CCJ# women were never given full responsibility over any important ministry. (part from being
Frime &inister# others were state or deputy ministers responsible for insignificant ministries such as 2ulture#
Social Welfare# and Women. 2urrently one woman &inister# who had become a &ember of Farliament in
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CC and CCJ through direct elections# is responsible for a ministry# i.e.# (griculture. (nother woman
minister is responsible for the &inistry of 4orest and 'nvironment.
5.! "iolence a#ainst$o%en
Niolence against women is difficult to quantify because of unreliable statistics# but recent reports indicated
that domestic violence is widespread. ( report released by the /.0. Fopulation 4und in September asserted
that +D percent of adult women report physical abuse by their male partner. The @overnment# the media#
and womens rights organi;ations have fostered a growing awareness of the problem of violence against
women.
&uch of the violence against women is related to disputes over dowries. (ccording to a human rights group#
there were dowry5related killings during the year. *uman rights groups and press reports indicate thatincidents of vigilantism against womenQsometimes led by religious leadersQat times occur# particularly in
rural areas. These include humiliating# painful punishments# such as the whipping of women accused of
moral offenses. (ssailants who fling acid in their faces disfigured numerous women. Ane human rights
organi;ation reported that women suffered acid attacks during the year. The most common motivation
for acid5throwing attacks against women is revenge by a re%ected suitor= land disputes are another leading
cause of the acid attacks. 4ew perpetrators of the acid attacks are prosecuted. Aften the perpetrator flings
the acid in through an open window during the night# making cases difficult to prove. Some arrests have
been made# and one person has been given the death sentence.
The law prohibits rape and physical spousal abuse# but it makes no specific provision for spousal rape as acrime. ( total of :#J rapes and :#-: incidents of spousal abuses were officially reported during the year.
Af the spousal abuse cases# -#+ were related to disputes over dowry. Af the -#:! alleged rapists that
were prosecuted# J: persons were convicted. The @overnment reports that other rape cases are under trial.
,uring the year# the @overnment acceded to the /.0. Aptional Frotocol to the 2onvention on the
'limination of (ll 4orms of ,iscrimination (gainst Women. The @overnment also has enacted laws
specifically prohibiting certain forms of discrimination against women# including the (nti5,owry Frohibition
(ct of C!# the 2ruelty to Women >aw of C:# and the Women and 2hildren $epression Frevention (ct of
CC# which was replaced by the Women and 2hildren $epression Frevention (ct of -!!!. *owever#
enforcement of these laws is weak# especially in rural areas# and the @overnment seldom prosecutes thosecases that are filed. (ccording to a human rights organi;ation# there are D government5run and : privately
run large shelter homes available for use by women who are victims of violence. Some smaller homes also
are available for victims of violence. *owever# these are insufficient to meet victims shelter needs. (s a
result# the @overnment often holds women who file rape complaints in safe custody# usually in prison. Safe
custody frequently results in further abuses against victims# discouraging the filing of complaints by other
women# and often continues for e)tended periods during which women often are unable to gain release.
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There is e)tensive trafficking in women for the purpose of forced prostitution within the country and to other
countries in (sia.
5.& Education and E%plo'%ent4or the most part# women remain in a subordinate position in society# and the @overnment has not acted
effectively to protect their basic freedoms. >iteracy rates are appro)imately -J percent for women#
compared with +C percent for men. In recent years# female school enrollment has improved. (ppro)imately
! percent of primary and secondary school students are female. Women often are ignorant of their rights
because of continued high illiteracy rates and unequal educational opportunities# and strong social stigmas
and lack of economic means to obtain legal assistance frequently keep women from seeking redress in the
courts. &any 0@As operate programs to raise womens awareness of their rights# and to encourage and
assist them in e)ercising those rights.
/nder the CJ &uslim 4amily Ardinance# female heirs inherit less than male relatives do# and wives have
fewer divorce rights than husbands. &en are permitted to have up to four wives# although this right rarely is
e)ercised. >aws provide some protection for women against arbitrary divorce and the taking of additional
wives by husbands without the first wifes consent# but the protections generally apply only to registered
marriages. &arriages in rural areas often are not registered because of ignorance of the law. /nder the law#
a &uslim husband is required to pay his e)5wife alimony for only : months# but this rarely is enforced.
'mployment opportunities have been stronger for women than for men in the last decade# which largely is
due to the growth of the e)port garment industry in ,haka and 2hittagong. 'ighty percent of the .+ million
garment sector workers are women. Frograms e)tending micro5credit to large numbers of rural women also
have contributed to greater economic power for them. *owever# women still fill only a small fraction of other
wage5earning %obs. (ccording to a report by the Fublic (dministration $eforms 2ommission publici;ed in
Actober# women hold only - percent of government %obs# and only - percent of senior positions. The
@overnments policy to include more women in government %obs only has had limited effect. In recent years#
about percent of all recruits into government service have been women.
The garment and shrimp processing industries are the highest employers of female laborers. 4orty5three
percent of women work in the agriculture# fisheries# and livestock sectors# but D! percent of them are unpaid
family laborers. &any women work as manual laborers on construction pro%ects as well# and constitute
nearly - percent of all manufacturing workers. Women also are found in the electronics# food processing#
and beverage and handicraft industries.
C(apter-6
J. Aver view in 0epal
(ccording to 0epal governmental thrives to bring positive changes to the present social structure and
thereby improve the status of women in 0epal. Fersonalities dedicated to *uman $ights# social %ustice and
development initiatives for more than a decade have consolidated human resource and synergy in the
organi;ation. 0epal governmental organi;ation that aims to nurture marginali;ed groups and especially for
the reali;ation of womens rights# gender equality through advocacy# pressure and partnership and
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assistance. 0epal intends to raise awareness for womens empowerment through sustainable peace# good
governance and human rights to encourage women to enter into the institutional development to establish
an equitable society in 0epal.
@overnment of 0epal proclaims its purpose with strong commitment to empower women in order to stand
on equal footing with men in society. It has embarked on programs on Womens Social# 'conomic and2ultural $ights Fromotion# Womens 2ivil and Folitical $ights Fromotion# SolidarityBuilding among
*uman?Women $ights Argani;ations and (ctivists# Fro5Women Folicy# Feace R $econciliation and
Institutional ,evelopment to shape a balance in the society from the grassroots to the national and
international level through an incessant implementation of such programs in 0epal.
)oals*
Institutionali;ation of the advocacy process for ensuring the womens rights.
Fromotion of peace and good governance to strengthen democracy.
Institutionali;ation of 1agaranK:L0epal as a national resource organi;ation for womens rights.
+b,ecties*
To enhance the capacity of people and to ensure socio5 economic civil and political rights.
To build solidarity among human rights organi;ation and activists for lobby and advocacy in ensuring
womens economic# social # cultural and political rights.
To promote pro5e)cluded group# class# community 8especially women9 policy?planning at local?central
governance political parties and civil society organi;ation.
To promote culture of peace from local to national level.
To built image of 0epal as a womens rights organi;ation.
Strengthen 0epal enough to become a self reliant institution.
To address emerging women issues through women perspective.
a,or Pro#ra%s o +r#ani/ation*
. Womens Social# 'conomic and 2ultural $ights Fromotion Frogram
-. Womens 2ivil and Folitical $ights Fromotion Frogram
:. Feace R $econciliation Frogram
+. Fro5 Women Folicy R @overnance Frogram
. Solidarity?0etwork Building among *uman? Women $ights Argani;ations and (ctivists
J. Institutional ,evelopment Frogram
D. (dvocacy and >obby
. ,evelop I'2 &aterials and Its ,issemination
C. (ddress emerging women issues as aid effectiveness# global warming# poverty# food security#
environmental degradation# trade debt etc. from women perspective.
a,or Ac(iee%ents o t(e +r#ani/ation*
@overnment of 0epal has been continuously putting in the ma)imum effort for women perspective?gender
equality social transformation since its inception. In course of such continuous endeavor in its work# the
following ma%or achievements are highlighted