Status of Women : Law, Constitution and Our Expectation

IT is undeniable that if we want the progress of a nation, then sustainable development or progress of women is must. The condition or status of women shows the future of a particular society or a nation. Status of women balances the total development of a nation because in a social structure they have to play a key role in building that particular nation. The issue of women's development and empowerment of women are at the focal point.

It is evident that women are being discriminated in each and every corner of the world. Establishment of a good nation depends upon the promotion and protection of women's rights. Dignity and status of women should be ensured in this regard.

Legislative organ of a country can ensure women's rights by enacting various laws, rules and regulations. The legislature can quench the thirst of time by amending or reforming these laws which are inoperative or backdated.

There are several provisions in the Constitution of Bangladesh relating to status of women under the constitutional safeguard. Though the Constitution of Bangladesh has given women equal right along with men, albeit women are being underestimated almost in each and every sectors of life and they can't enjoy their rights.

The Constitution of Bangladesh and Women
The Constitution of Bangladesh reflects equal treatment for citizens irrespective of their religion, race, caste, sex or place of birth etc.

According to Article 27 of the Constitution-

All citizens are equal before law and are entitled to equal protection of law.

Article 28 is one of the main features of the Constitution. It reads as follows:

(1) The State shall not discriminate against any citizen on grounds only of - sex -

(2) Women shall have equal rights with men in all spheres of the state and of public life.

(3) No citizen shall, on grounds only of...... sex..... be subject 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.

So, the intention of the authors of the Constitution was clear that they had considered men and women equally in the enjoyment of their rights. But another provision of the same Article of the Constitution is much more important and deliberate. Authors of the Constitution considered the deplorable condition of women. They have considered that advancement of women is utmost required. So they included Article 28(4) in the Constitution. It reads as follows:

Nothing in this article prevent the State from making special provision in favour of women or children or for the advancement of any backward section of citizens.

Most of the women of our country still pass their days in a miserable condition. They are at the back stage. So, in order to bring them at the forefront womens' development has become an integral part of the national development programme.

Art 10 of the Constitution provided that-

Steps shall be taken to ensure participation of women in all spheres of national life

The Constitution also provided that-

The State shall encourage local Government institutions composed of representatives of the areas concerned and in such institutions special representation shall be given as far as possible to.... women. (Art.9).

In every local Government structure (Union Parishad) there are three reserved seats for women. The reason of this provision is to realise the provision mentioned under article 28 (4) i.e., to develop the status of women and their active participation in the rural areas of Bangladesh. Active participation of women in the local government and grassroots level is a prerequisite for an effective social structure.

The rate of participation in the Government as peoples' representatives is very poor in Bangladesh. The United Nations proposed that at least 30% women representatives should be elected in all stages of a country. In the National Parliament of Bangladesh, there are only 9% female representatives. On the other hand there are only 2% female representatives in the Ministry. This trend must be changed and appropriate measures should be taken to fulfill the UN proposal.

Mr. David E Lockwood, UNDP resident representative in Bangladesh, has expressed his view that.....

..... The United Nations believes that no enduring solution to society's most threatening social, economic and political problems can be found without the full participation and the full empowerment of the world's women. Only if women's organisations, NGOs, Governments, development agencies, men and women work together as partners, and learn from each other, then we can reach its goal.

Art. 65(3) of the Constitution provides for 30 reserved seats for women to establish the concept of empowerment of women. The reasons are that women need more assistance and special care for the entire development of the country. It was expected that the thirty reserved seats of the Parliament will bring a good result for women in their development programme. It was also expected that they will take special role for social motivation for a better social structure. Art. 65 (3) states......

Until the dissolution of Parliament, next after the expiration of the period of ten years, beginning from the date of the first meeting of the Parliament, next after the Parliament in existence at the time of commencement of the Constitution (Tenth Amendment) Act, 1990, there shall be reserved thirty seats exclusively for women members, who shall be elected according to law by the members aforesaid (i.e. the elected Parliament members).

It should be kept in mind that the aforementioned provision will not prevent a women from being elected to any of the territorial constituency by direct election. Term of reserved thirty women members of the Parliament will be extinguished on April 2001. So, if we want to continue this process an amendment of the Constitution relating to reserved seats is essential. Various Women Organisations, Social Workers, Feminist Groups and NGOs are expressing their strong views in this regard. Various seminars, meetings are also being held. Main theme of these meetings, seminars and movement is nothing but the further amendment of the constitution regarding the reserved seats of the Parliament. Feminist Groups, Women Organisations and Social Workers are expressing their opinion that the number of reserved seats should be increased. They are demanding for 64 reserved seats in the Parliament. But they do not support the existing election system of these members. From our practical experience, we have seen that these members are not representing properly in the Parliament. They are being treated as 30 pocket votes of the ruling party in the Parliament. They are not direct representatives in the Parliament. So, almost all of the Women Organisations are looking forward to direct election for reserved seats. They express their opinion that this will encourage women, about 50% of our total population, to a social movement. Women will feel interest in expressing their opinion to those elected women members who will be able to take important role in law making procedure for the benefit of women. A large number of village women will get direct touch of democratic culture if they can express their opinion to their representatives. They also argue that it will establish the dignity of women and prove them as equal partners of men in development, with equal roles in policy and decision making in each and every sectors of life. But in case of direct election there are some technical problems also. Political parties can take effective measures in this regard. They can reserve 10-20% of total seats for female candidates during Parliament election. However, a fruitful and more operative decision has to be taken.

In 1997, women member candidates participated in the Union Parishad election. It has brought positive results in democratic culture. Women are much more aware than before. They are enjoying their rights to some extent. But they are not being appreciated or encouraged by their male colleagues. Sometimes, they are not well informed about their activities. The female members of the Union Parishad complain that they are not invited in meetings of the Parishad. They cannot express their opinion. Male members are not co-operative with them. So, only the constitutional or legal safeguard is not enough. Democratic norms must be established and practiced. Women's rights must be established by observing the provisions of the Constitution and laws.

Family Laws and Women

Under the personal Laws of Bangladesh, women do not enjoy equal right. The leaders of the world community committed themselves to take effective measures through the enactment of laws and policies and their enforcement to eliminate all forms of discrimination, exploitation, abuse and violence against women. Bangladesh is a signatory of the Copenhagen declaration. The Declaration was adopted at the conclusion of the week-long UN summit on Social Development in 1995. As a signatory of that Declaration, Bangladesh is responsible for implementing its commitments and Programme of Action. One of the commitments was to achieve equality and equity between women and men. But we have failed to achieve equality and equity between women and men. The existing laws relating to women's rights should be amended and modified in the light of equality and equity principles.

Bangladesh is also a signatory of the Convention on the Elimination of All forms of Discrimination Against Women. The Convention seeks to do away with discrimination, defined as "any distinction, exclusion, or restriction made on the basis of sex." To condemn discrimination against women, the Stated Parties have undertaken the obligation to embody the principle of equality of men and women in their national Constitutions or other appropriate legislation and to adopt laws or measures including sanctions where appropriate, prohibiting all discrimination against women.

Though Bangladesh is a signatory of the CEDAW, she has not ratified all of the provisions of the Convention. As a result, it has become fruitless in one sense. Due to several reservation clauses - Art 2 and 16 (c), CEDAW have failed to give any fruitful result for women of Bangladesh. Women Organisations, Human Rights activists are strongly claiming for withdrawal of reservations. We need a lot of changes in our existing personal laws as there are a great deal of discrimination and inequality between women and men in said laws.

Under the provisions of Muslim Law of Inheritance a son takes the double portion of a daughter. This is one kind of discrimination to women's dignity. Another discriminating provision is that woman enjoys unequal right as a witness. There is a contradiction between Muslim Law and the Evidence Act of 1972 regarding a witness. According to the Evidence Act women have equal status as witnesses with men. There are also some other provisions in Family Laws regarding minimum age of marriage, polygamy, divorce, guardianship and custody, where women have unequal rights.

Women under Hindu law in Bangladesh are deprived from the right to property. According to the law of inheritance a Hindu daughter who is deaf or lame, cannot inherit from her father's property. On the other and a widow cannot inherit her husband's property. She can enjoy only life interest in her husband's property. She cannot transfer the property. Due to such discriminating provisions she has to tolerate many unexpected events from her husband's family members. Even sometime a Hindu widow is forcefully evicted from her husband's house. It should be considered that there is no such provision prohibiting a Hindu woman from inheriting her father's or husband's property in the Holy Veda, Gita or in any other Holy Books. But according to Daybhaga School, a Hindu woman has to tolerate miserable condition due to Hindu Customary Law.

Still, today, daughters are not welcomed by their family members. As the prehistoric view prevails that women cannot earn. Women have no economic solvency. So, people want a son instead of a daughter. We should change this trend.

Cruelty to Women: Existing Law and Reality
Women are mostly the victims of cruel acts. They have to face violations of their rights like trafficking, rape, acid burn, fatwa etc. Our society is not conscious enough to protect their rights though we have enacted the Cruelty to Women (Deterrent Punishment) Ordinance 1983 (now repealed), the oppression of women and children (Special Enactment) Act, 1995 etc. These laws do not give us tangible results in preventing oppression or cruelty to women. The reason is that we have failed to create social awareness about these laws and there is hardly any observance of these laws.

The Oppression of Women and Children (Special Enactment) Act, 1995 was enacted for the protection of women from various forms of violence and social crimes. Section 8 (1) of the Act states -

Whoever imports or exports, or sells, lets to hire or otherwise disposes of any women with intent that such women shall be employed or used for the purpose of prostitution or illicit intercourse or for any unlawful or immoral purpose shall be punishable with imprisonment of life and shall also be liable to fine.

Section 9 of the same Act states -

Whoever kidnaps any woman -

a) with intent that such woman shall be employed or used for the purpose of prostitution or for any unlawful or immoral purpose; or

b) with intent that she will be compelled to marry against her will; or

c) in order that she will be forced or provoked or seduced to illicit intercourse shall be punishable with imprisonment for life or with rigorous imprisonment for ten years and shall not be less than seven years and shall also be liable to fine.

This Act provided capital punishment in cases of rape, dowry and grievous hurt. The law is firmly strict here. But there exists severe lackings in the system of its legal enforcement against criminals.

Role of Women LawyersLawyers are called social engineer. They have important role to ensure a brighter future of the nation. They can contribute to remove all sorts of inequality from the society. Legislators pass laws, rules and regulations in the Parliament. But lawyers can recommend them for a sound and suitable legal framework. They can help to remove inequality and discrimination between men and women by adopting a Uniform Family Code. Our Constitution provided for equality between men and women. But only constitutional safeguard is not enough if we fail to establish its provision in practice. Lawyers can take important measures in this connection. Women lawyers should be more responsible in this regard. They will find out all sorts of discrimination and inequality existing in the society. Social motivation is important to remove darkness from the society. Not all religious norms are discriminating, but their application is not proper. Women lawyers can make people understand relationship between law and religion. Misinterpretation of religious believes cause harm to the society. We have to overcome this problem. Women lawyers can devote themselves to remove all sorts of inequality from the society. As they undoubtedly more empathetic to the sensitised gender. Their active role can present us a better legal system. We can expect that they will have a more constructive role in the society.

We know that there is no equal rights' paradise in the society. It is said that implementation of equal rights between men and women will remain an unfinished agenda like human rights. But the fulfillment of the commitment to establish equal rights to a great extent is not impossible at all. We are optimistic that women will get equal rights in each and every sector of their lives. Let us try our best for it in the search for a better world in the new millennium.

The writer an advocate, is a Human Rights worker, Khan Foundation