http://www.ourtimebd.com/beta/2019/07/31/status-of-woman-in-laws-of-bangladesh/

Status of woman in laws of Bangladesh

Published Time: July 31, 2019, 12:00 am

Updated Time: July 30, 2019 at 5:48 pm

M S Siddiqui, Legal Economist

The Bangladesh constitution has mandated that “all citizens are equal before law and are entitled to equal

protection of law” (article 27). 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:

(1) 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.

(2) 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.

(3) Legislation for Christian Community:

• The Christian Marriage Act, 1872 (Act No. XV of 1872).

• The Christian Married Women’s Property Act, 1874 (Act No. XV of 1872).

• The Divorce Act, 1869 (Act No. IV of 1869).

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

Bangladesh 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. The

Labour Code, 2006 and its revision in 2013 recognized the issue of sexual harassment in the work place. 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. 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.. A Pornography Control Act, 2012 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 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 lac. Similar punishment

will be applicable to the guardians, relatives or marriage registrar who directly gets involved in child

marriage. The license of the registrar could also be cancelled.

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, e-mails,

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.