Proper implementation of law is needed
NETZ Partnership for Development and Justice, along with it partner organisations We Can and DASCOH Foundation jointly organised a Policy Dialogue with relevant public authorities on the progress and obstacles of the implementation of law on 08 December at CIRDAP Auditorium, Dhaka under the project titled Strengthened Civil Society Protects and Promotes Women's Rights supported by the European Union. Representatives from the relevant government ministries, local governments and academicians and regional and local CSO members joined the policy dialogue.
The meeting shared the findings and recommendations of a study entitled 'Domestic Violence and Child Marriage: An Inter-locked Tragedy in Women and Girl's Life in Bangladesh' conducted by Rabeya Rawshan, Senior Consultant and Mohammad Golam Sarwar, Lecturer, Department of Law, University of Dhaka. The study consulted local and regional civil society organizations (CSOs) and documented their policy inputs in relation to implementation of Domestic Violence (Prevention and Protection) Act (DVA) 2010 and Child Marriages Restraint Act (CMRA) 2017 and existing gaps in the implementation process.
The study shows that the societal structure influenced by embedded traditions and culture creates impediments towards the implementation of CMRA. The malpractice by lawyers facilitates child marriages through affidavits that have been treated as an accepted norm though they have no legal effect. These irregularities not only bypass the actual implementation of law but also create an extra-legal culture which seriously hampers the social fabric. The in-depth analysis of the CMRA shows that considering the social context of Bangladesh where the awareness against child marriage is still under-developed, the special provision under CMRA may be used to justify child marriage.)
Researchers also presented the frustrating findings regarding the DVA. The study reveals that the Act is rarely exercised by the common people.
Dr. Abul Hossain, Project Director, Multi-Sectoral Programme of Violence Against Women of Ministry of Women and Children Affairs;Laila Jesmin Banu, Programme Manager of European Union (Bangladesh); Irfat Ara Iva, Programme Analyst of UN Women; Zobaida Nasreen, Associate Professor, Department of Anthropology, University of Dhaka; Sabina Sultana, Senior Program Officer, Multi-Sectoral Programme of Violence Against Women of Ministry of Women and Children Affairs; Akramul Haque, CEO, DASCOH shared their valuable insights. The following recommendations were made:
The implementing stakeholders should be made accountable.
The provision of keeping separate register for domestic violence cases must be implemented.
The provision on effectuating the penalty within two years of child marriage should be brought within the jurisdiction of the mobile courts.
The government should direct the District Bar Associations to cancel the registration of notary advocates who are engaged with the commission of child marriage.
The Union and Upazila Women Affairs Officer must take proper steps for the establishment of Child Marriage Prevention Committees.
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