SlideShare a Scribd company logo
1 of 32
Download to read offline
Constitutional Provisions on
Gender -BANGLADESH
• Dr. Shahnaz Huda
• (Do not use/quote except for examination
purposes)
GENDER
Gender is the socially, religiously and
culturally constructed roles of men
and women in society
• The Constitution of Bangladesh, passed on the
4th
of November, 1972 (roughly a year after
the declaration of independence), declared
four principles of State—nationalism,
democracy, socialism and secularism.
• In 1977, by virtue of a Proclamation Order,
secularism, one of the ideals in the original
Constitution, was substituted by the phrase
‘absolute trust and faith in Almighty Allah’.
• In 1988, as a further step to the Islamization
process, Article 2A was inserted by virtue of
the Constitution (Eighth Amendment) Act
1988 which states that the ‘State religion is
Islam, but other religions may be practiced in
peace and harmony in the Republic’.
• By the 15th
Amendment of the Constitution we
are now back to the original Constitution in
the sense that secularism is again a principle
of State policy.
Constitution of the People’s Republic of
Bangladesh
• Article 7 of the Constitution declares that any
existing law of the state which is inconsistent
with any provision of the Constitution shall be
void.
• Articles 27, 28 and 29 of the Constitution
declares the principles of non-discrimination.
Part II---Fundamental Principles of
State Policy---non-justiciable
• Like most constitutions, formal equality is
explicitly enshrined in the Bangladeshi
Constitution also and Article 10 of the
Constitution of Bangladesh, 1972 deals with
the participation of women in national life.
Article 19---Equality of Opportunity
• 19(3) states that The State shall endeavor to
ensure equality of opportunity and
participation of women in all spheres of
national life.
Part III---Fundamental Rights---
Justiciable---enforceable in Court
• Article 27.- EQUALITY BEFORE LAW
“All citizens are equal before law and are
entitled to equal protection of law”.
Article 28
• Article 28.- DISCRIMINATION ON GROUNDS
OF RELIGION ETC.
(1) “The State shall not discriminate against any
citizen on the grounds only of religion, race
caste, sex or place of birth.”
(2) “Women shall have equal rights with men in
all spheres of the State and of public life”
Article 28 goes on to add:
• Article 28 (3) deals with non-discrimination on
gender and other grounds not being grounds
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)
• NOTHING IN THIS ARTICLE SHALL PREVENT
THE STATE FROM MAKING SPECIAL
PROVISION IN FAVOUR OF WOMEN OR
CHILDREN OR FOR THE ADVANCEMENT OF
ANY BACKWARD SECTION OF SOCIETY
ARTICLE 29
• Article 29 ensures: ‘Equality of opportunity in public
employment’ and states,
• (1) There shall be equality of opportunity for all citizens
in respect of employment or office in the service of the
Republic.
• (2) 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.
•
• (3) Nothing in this article shall prevent the State from --
• (a) making special provision in favour of any backward section of
citizens for the purpose of securing their adequate representation in the
service of the Republic;
• (b) giving effect to any law which makes provisions for reserving
appointment relating to any religious or denominational institution to
persons of that religion or denomination;
• (c) reserving for members of one sex any class of employment or
office on the ground that it is considered by its nature to be unsuited to
members of the opposite sex.
•
• Article 65(3): There shall be 50 reserved seats
for women and they shall be elected by the
MP’s on the basis of ‘ ‘proportionate
representation in the Parliament’
Enforcement of Fundamental
Rights
• Article 44 confers the right to move to the
High Court for enforcement---under Article
102 a WRIT may be filed.
The Citizenship Act, 1951
• Citizenship could only be transmitted through
the father (Sayeeda Rahman Malkani vs.
Bangladesh)
• The Citizenship (Amendment) Act, 2009 was
passed on the 3rd
of March, 2009—now foreign
children having Bangladeshi mothers will
automatically get Bangladeshi citizenship.
• A Bangladeshi woman married to a foreigner
cannot still transmit citizenship to her foreign
husband
• A Bangladeshi man can transmit Bangladeshi
citizenship to his foreign wife.....
Gender discrimination inconsistent
with the Constitution
• The Appellate Division and the High Court
Division in the cases of
• Dalia Perveen vs Bangladesh Biman 48 DLR
132
Rabia Basri Irene vs. Bangladesh Biman 52 DLR
308
• Discrimination in the matter of fixing the age
of retirement of the Stewards and
Stewardesses.
• Gender based discrimination
• Held by the Courts to be Discriminatory and
violative of Article 28 of the Constitution and
therefore not legal.
Pro-active Judiciary---PIL
• Public Interest Litigation may be defined as
legal action through the Courts that is
intended to promote the interests of the
public or a large portion of the public...and a
person, on behalf of such group, may
approach the Court.
• Bangladeshi Courts have played a pro-active role and in
several cases upheld the gender based anti-discriminatory
clauses of the Constitution…..
• Jatiyo Mahila Ainjibi Samity v Bangladesh and other
(Criminal), 59 DLR, (2007) 447, judgment dated 23
May, 2006:
High Court laid down guidelines which must be
followed in educational institutions and work
places to combat ‘sexual harassment’
Mrs.Salma Ali vs. Secretary, Ministry of Home Affairs and others
WRIT PETITION NO. 212 OF 2000
• The Government Respondents were ordered by the Court to
take several steps to improve the situation of the campus ‘for
improvement of the law and order situation and protection of
the life and liberty of ordinary citizens and women in
particular (italics mine) in the Dhaka City area, particularly,
within the campus of the University of Dhaka and its adjoining
areas’.
Shamima Sultana vs. Bangladesh,
57 DLR (2005) 201
• The petitioners in that case, 10 in number, were
elected as Ward Commissioners of Khulna City
Corporation to seats reserved for women. They sued
the Government on the grounds that by certain
administrative actions which had restricted and
curtailed their powers, they had been discriminated
against.
The Court held:
•  ”In our day-to-day life, in order to forsake
discrimination towards women in real and
practical sense, a mere equal treatment
would not do. The handicaps and
drawbacks inherent in the life of a woman
in our social context must be appreciated.
……As such, a mere equal treatment , in the
juristic sense, would not eradicate the
difficulties and the consequent evils of
inequality faced continuously by a woman
at home and in her daily life, be she a
working lady in an office or a professional ,
her career is always hedged with immense
hurdles
and in order to bring her on equal footing
with man, a further leeway of leverage, in
her favour, in order to balance these
hindrances, is required otherwise, the
constitutional commitments to bring in the
fundamental rights of gender equality, as
enshrined in the Constitution, would be a
mockery”
Religious law and secularism
• Despite the fact that secularism was considered to
be one of the basic pillars of the identity of
Bangladeshi nationalism at the time of
independence, there was no attempt even at that
stage to introduce uniformity as regards family and
personal matters. Each religious community
therefore continued to be governed by their own
personal laws as regards family matters.
Conclusion:
• The Constitution in Article 28 (4) states that
the State shall not be prevented “from making
special provision in favour of women or
children or for the advancement of any
backward section of citizens”.
• Many special laws exist to protect women or
to give them additional rights
• Quota systems have been introduced to
ensure women’s participation in various
professions as well as at various stages of
Government service---judiciary, civil service
etc
• Constitution provides for reserved seats for
women.....
Question : DO you consider these actions
as Affirmative action/positive
discrimination???????

More Related Content

What's hot

Directive principles of state policy
Directive principles of state policyDirective principles of state policy
Directive principles of state policyDVSResearchFoundatio
 
Top 10 Political Problems of Pakistan
Top 10 Political Problems of PakistanTop 10 Political Problems of Pakistan
Top 10 Political Problems of PakistanDaily 10 Minutes
 
Honour killing in india
Honour killing in indiaHonour killing in india
Honour killing in indiaTishaSaini3
 
Chap 02 legislative procedure in pakistan
Chap 02 legislative procedure in pakistanChap 02 legislative procedure in pakistan
Chap 02 legislative procedure in pakistanAsmatullah Kakar
 
Senate and its purpose
Senate and its purposeSenate and its purpose
Senate and its purposeNitashaMaqsood
 
Constitutional provisions on gender bangladesh
Constitutional provisions on gender  bangladeshConstitutional provisions on gender  bangladesh
Constitutional provisions on gender bangladeshShahjada Zihad
 
Parliamentary system of Pakistan.pptx
Parliamentary system of Pakistan.pptxParliamentary system of Pakistan.pptx
Parliamentary system of Pakistan.pptxAliSher68
 
Salient features of indian constitutions.
Salient features of indian constitutions.Salient features of indian constitutions.
Salient features of indian constitutions.Abrar Khan
 
A brief Review of Women issues in pakistan
A brief  Review of Women issues in pakistanA brief  Review of Women issues in pakistan
A brief Review of Women issues in pakistanIqra254
 
National commission for SCs and National commission for STs
National commission for SCs and National commission for STsNational commission for SCs and National commission for STs
National commission for SCs and National commission for STsRupali Bansal
 
Classification of human rights (md. rezaul hoque razu
Classification of human rights (md. rezaul hoque razuClassification of human rights (md. rezaul hoque razu
Classification of human rights (md. rezaul hoque razuMd.Rezaul Hoque Razu
 

What's hot (20)

Directive principles of state policy
Directive principles of state policyDirective principles of state policy
Directive principles of state policy
 
Top 10 Political Problems of Pakistan
Top 10 Political Problems of PakistanTop 10 Political Problems of Pakistan
Top 10 Political Problems of Pakistan
 
Liberty
Liberty Liberty
Liberty
 
Honour killing in india
Honour killing in indiaHonour killing in india
Honour killing in india
 
Welfare state
Welfare stateWelfare state
Welfare state
 
Chap 02 legislative procedure in pakistan
Chap 02 legislative procedure in pakistanChap 02 legislative procedure in pakistan
Chap 02 legislative procedure in pakistan
 
Senate and its purpose
Senate and its purposeSenate and its purpose
Senate and its purpose
 
The president
The presidentThe president
The president
 
Constitutional provisions on gender bangladesh
Constitutional provisions on gender  bangladeshConstitutional provisions on gender  bangladesh
Constitutional provisions on gender bangladesh
 
Parliamentary system of Pakistan.pptx
Parliamentary system of Pakistan.pptxParliamentary system of Pakistan.pptx
Parliamentary system of Pakistan.pptx
 
Way Forward for PPP
Way Forward for PPPWay Forward for PPP
Way Forward for PPP
 
Salient features of indian constitutions.
Salient features of indian constitutions.Salient features of indian constitutions.
Salient features of indian constitutions.
 
Gender inequlity
Gender inequlityGender inequlity
Gender inequlity
 
Honor killing
Honor  killingHonor  killing
Honor killing
 
A brief Review of Women issues in pakistan
A brief  Review of Women issues in pakistanA brief  Review of Women issues in pakistan
A brief Review of Women issues in pakistan
 
Gender and health ppt
Gender and health pptGender and health ppt
Gender and health ppt
 
National commission for SCs and National commission for STs
National commission for SCs and National commission for STsNational commission for SCs and National commission for STs
National commission for SCs and National commission for STs
 
Pressure Groups
Pressure GroupsPressure Groups
Pressure Groups
 
Final presentation
Final presentationFinal presentation
Final presentation
 
Classification of human rights (md. rezaul hoque razu
Classification of human rights (md. rezaul hoque razuClassification of human rights (md. rezaul hoque razu
Classification of human rights (md. rezaul hoque razu
 

Similar to Constitutional provisions on Gender in Bangladesh

Lecture 6 fundamental rights
Lecture 6   fundamental rightsLecture 6   fundamental rights
Lecture 6 fundamental rightsamanbishla1
 
Constitutional provisions & judicial options print
Constitutional provisions & judicial options printConstitutional provisions & judicial options print
Constitutional provisions & judicial options printkrishna G
 
Constitutional provisions & judicial options copy
Constitutional provisions & judicial options   copyConstitutional provisions & judicial options   copy
Constitutional provisions & judicial options copykrishna G
 
Constitutional provisions & judicial options
Constitutional provisions & judicial optionsConstitutional provisions & judicial options
Constitutional provisions & judicial optionskrishna G
 
Introduction to business law
Introduction to business lawIntroduction to business law
Introduction to business lawBilal's Academy
 
Fundamental Rights and Duties
Fundamental Rights and Duties Fundamental Rights and Duties
Fundamental Rights and Duties Law Laboratory
 
fundamental righr ppt.pdf
fundamental righr ppt.pdffundamental righr ppt.pdf
fundamental righr ppt.pdfmagnum19
 
Fundamental Rights of individual, women and child.pptx, sociology, Bsc Nursin...
Fundamental Rights of individual, women and child.pptx, sociology, Bsc Nursin...Fundamental Rights of individual, women and child.pptx, sociology, Bsc Nursin...
Fundamental Rights of individual, women and child.pptx, sociology, Bsc Nursin...Sumity Arora Tarafdar
 
Violence against refugee women
Violence against refugee womenViolence against refugee women
Violence against refugee womenFazal Abdali
 
Women legal rights
Women  legal rightsWomen  legal rights
Women legal rightsAnjana Mehra
 
GENDER JUSTICE FOR UNIFORM CIVIL CODE ESSAY COMPETITION[1].pdf
GENDER JUSTICE FOR UNIFORM CIVIL CODE ESSAY COMPETITION[1].pdfGENDER JUSTICE FOR UNIFORM CIVIL CODE ESSAY COMPETITION[1].pdf
GENDER JUSTICE FOR UNIFORM CIVIL CODE ESSAY COMPETITION[1].pdfNithyaPrakash21
 
GENDER JUSTICE FOR UNIFORM CIVIL CODE ESSAY COMPETITION[1].pdf
GENDER JUSTICE FOR UNIFORM CIVIL CODE ESSAY COMPETITION[1].pdfGENDER JUSTICE FOR UNIFORM CIVIL CODE ESSAY COMPETITION[1].pdf
GENDER JUSTICE FOR UNIFORM CIVIL CODE ESSAY COMPETITION[1].pdfNithyaPrakash21
 
Canadian human rights and freedoms
Canadian human rights and freedomsCanadian human rights and freedoms
Canadian human rights and freedomsmariachan00000
 
Basic Human Rights - unit 2.pptx
Basic Human Rights - unit 2.pptxBasic Human Rights - unit 2.pptx
Basic Human Rights - unit 2.pptxVasimTamboli11
 
Victimisation of Dalits in India and Indian Legal Framework
Victimisation of Dalits in India and Indian Legal FrameworkVictimisation of Dalits in India and Indian Legal Framework
Victimisation of Dalits in India and Indian Legal FrameworkShashank Shekhar Pandey
 
National Legal Aid Movement in India- Its Development and Present Status
National Legal Aid Movement in India- Its Development and Present Status National Legal Aid Movement in India- Its Development and Present Status
National Legal Aid Movement in India- Its Development and Present Status Sheikhmustafa007
 

Similar to Constitutional provisions on Gender in Bangladesh (20)

Lecture 6 fundamental rights
Lecture 6   fundamental rightsLecture 6   fundamental rights
Lecture 6 fundamental rights
 
Constitutional provisions & judicial options print
Constitutional provisions & judicial options printConstitutional provisions & judicial options print
Constitutional provisions & judicial options print
 
Constitutional provisions & judicial options copy
Constitutional provisions & judicial options   copyConstitutional provisions & judicial options   copy
Constitutional provisions & judicial options copy
 
Constitutional provisions & judicial options
Constitutional provisions & judicial optionsConstitutional provisions & judicial options
Constitutional provisions & judicial options
 
Gender equality
Gender equalityGender equality
Gender equality
 
Introduction to business law
Introduction to business lawIntroduction to business law
Introduction to business law
 
Fundamental Rights and Duties
Fundamental Rights and Duties Fundamental Rights and Duties
Fundamental Rights and Duties
 
rights of women
rights of womenrights of women
rights of women
 
fundamental righr ppt.pdf
fundamental righr ppt.pdffundamental righr ppt.pdf
fundamental righr ppt.pdf
 
Safeguards against crimes
Safeguards against crimesSafeguards against crimes
Safeguards against crimes
 
Fundamental Rights of individual, women and child.pptx, sociology, Bsc Nursin...
Fundamental Rights of individual, women and child.pptx, sociology, Bsc Nursin...Fundamental Rights of individual, women and child.pptx, sociology, Bsc Nursin...
Fundamental Rights of individual, women and child.pptx, sociology, Bsc Nursin...
 
Violence against refugee women
Violence against refugee womenViolence against refugee women
Violence against refugee women
 
Women legal rights
Women  legal rightsWomen  legal rights
Women legal rights
 
GENDER JUSTICE FOR UNIFORM CIVIL CODE ESSAY COMPETITION[1].pdf
GENDER JUSTICE FOR UNIFORM CIVIL CODE ESSAY COMPETITION[1].pdfGENDER JUSTICE FOR UNIFORM CIVIL CODE ESSAY COMPETITION[1].pdf
GENDER JUSTICE FOR UNIFORM CIVIL CODE ESSAY COMPETITION[1].pdf
 
GENDER JUSTICE FOR UNIFORM CIVIL CODE ESSAY COMPETITION[1].pdf
GENDER JUSTICE FOR UNIFORM CIVIL CODE ESSAY COMPETITION[1].pdfGENDER JUSTICE FOR UNIFORM CIVIL CODE ESSAY COMPETITION[1].pdf
GENDER JUSTICE FOR UNIFORM CIVIL CODE ESSAY COMPETITION[1].pdf
 
Canadian human rights and freedoms
Canadian human rights and freedomsCanadian human rights and freedoms
Canadian human rights and freedoms
 
Basic Human Rights - unit 2.pptx
Basic Human Rights - unit 2.pptxBasic Human Rights - unit 2.pptx
Basic Human Rights - unit 2.pptx
 
Victimisation of Dalits in India and Indian Legal Framework
Victimisation of Dalits in India and Indian Legal FrameworkVictimisation of Dalits in India and Indian Legal Framework
Victimisation of Dalits in India and Indian Legal Framework
 
HISTORY PROJECT.pptx
HISTORY PROJECT.pptxHISTORY PROJECT.pptx
HISTORY PROJECT.pptx
 
National Legal Aid Movement in India- Its Development and Present Status
National Legal Aid Movement in India- Its Development and Present Status National Legal Aid Movement in India- Its Development and Present Status
National Legal Aid Movement in India- Its Development and Present Status
 

Recently uploaded

xLran: Open source AI for legal hackers.
xLran: Open source AI for legal hackers.xLran: Open source AI for legal hackers.
xLran: Open source AI for legal hackers.mike689707
 
Classification of Contracts in Business Regulations
Classification of Contracts in Business RegulationsClassification of Contracts in Business Regulations
Classification of Contracts in Business RegulationsSyedaAyeshaTabassum1
 
Women and the World of Climate Change- A Conceptual Foundation by Shraddha Pa...
Women and the World of Climate Change- A Conceptual Foundation by Shraddha Pa...Women and the World of Climate Change- A Conceptual Foundation by Shraddha Pa...
Women and the World of Climate Change- A Conceptual Foundation by Shraddha Pa...SHRADDHA PANDIT
 
The Ultimate Guide to Drafting Your Separation Agreement with a Template
The Ultimate Guide to Drafting Your Separation Agreement with a TemplateThe Ultimate Guide to Drafting Your Separation Agreement with a Template
The Ultimate Guide to Drafting Your Separation Agreement with a TemplateBTL Law P.C.
 
Patents and AI: Current Tools, Future Solutions
Patents and AI: Current Tools, Future SolutionsPatents and AI: Current Tools, Future Solutions
Patents and AI: Current Tools, Future SolutionsAurora Consulting
 
Islamabad High Court Judges wrote a letter to Supreme Judicial Council.pdf
Islamabad High Court Judges wrote a letter to Supreme Judicial Council.pdfIslamabad High Court Judges wrote a letter to Supreme Judicial Council.pdf
Islamabad High Court Judges wrote a letter to Supreme Judicial Council.pdfNo One
 
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...Dr. Oliver Massmann
 
An introduction to Indian Contract Act, 1872 by Shraddha Pandit
An introduction to Indian Contract Act, 1872 by Shraddha PanditAn introduction to Indian Contract Act, 1872 by Shraddha Pandit
An introduction to Indian Contract Act, 1872 by Shraddha PanditSHRADDHA PANDIT
 
ArtificiaI Intelligence based Cyber Forensic Tools: Relevancy and Admissibili...
ArtificiaI Intelligence based Cyber Forensic Tools: Relevancy and Admissibili...ArtificiaI Intelligence based Cyber Forensic Tools: Relevancy and Admissibili...
ArtificiaI Intelligence based Cyber Forensic Tools: Relevancy and Admissibili...Anadi Tewari
 

Recently uploaded (10)

xLran: Open source AI for legal hackers.
xLran: Open source AI for legal hackers.xLran: Open source AI for legal hackers.
xLran: Open source AI for legal hackers.
 
Classification of Contracts in Business Regulations
Classification of Contracts in Business RegulationsClassification of Contracts in Business Regulations
Classification of Contracts in Business Regulations
 
Women and the World of Climate Change- A Conceptual Foundation by Shraddha Pa...
Women and the World of Climate Change- A Conceptual Foundation by Shraddha Pa...Women and the World of Climate Change- A Conceptual Foundation by Shraddha Pa...
Women and the World of Climate Change- A Conceptual Foundation by Shraddha Pa...
 
The Ultimate Guide to Drafting Your Separation Agreement with a Template
The Ultimate Guide to Drafting Your Separation Agreement with a TemplateThe Ultimate Guide to Drafting Your Separation Agreement with a Template
The Ultimate Guide to Drafting Your Separation Agreement with a Template
 
Criminalizing Disabilities & False Confessions
Criminalizing Disabilities & False ConfessionsCriminalizing Disabilities & False Confessions
Criminalizing Disabilities & False Confessions
 
Patents and AI: Current Tools, Future Solutions
Patents and AI: Current Tools, Future SolutionsPatents and AI: Current Tools, Future Solutions
Patents and AI: Current Tools, Future Solutions
 
Islamabad High Court Judges wrote a letter to Supreme Judicial Council.pdf
Islamabad High Court Judges wrote a letter to Supreme Judicial Council.pdfIslamabad High Court Judges wrote a letter to Supreme Judicial Council.pdf
Islamabad High Court Judges wrote a letter to Supreme Judicial Council.pdf
 
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...
Corporate Sustainability Due Diligence Directive (CSDDD or the EU Supply Chai...
 
An introduction to Indian Contract Act, 1872 by Shraddha Pandit
An introduction to Indian Contract Act, 1872 by Shraddha PanditAn introduction to Indian Contract Act, 1872 by Shraddha Pandit
An introduction to Indian Contract Act, 1872 by Shraddha Pandit
 
ArtificiaI Intelligence based Cyber Forensic Tools: Relevancy and Admissibili...
ArtificiaI Intelligence based Cyber Forensic Tools: Relevancy and Admissibili...ArtificiaI Intelligence based Cyber Forensic Tools: Relevancy and Admissibili...
ArtificiaI Intelligence based Cyber Forensic Tools: Relevancy and Admissibili...
 

Constitutional provisions on Gender in Bangladesh

  • 1. Constitutional Provisions on Gender -BANGLADESH • Dr. Shahnaz Huda • (Do not use/quote except for examination purposes)
  • 2. GENDER Gender is the socially, religiously and culturally constructed roles of men and women in society
  • 3. • The Constitution of Bangladesh, passed on the 4th of November, 1972 (roughly a year after the declaration of independence), declared four principles of State—nationalism, democracy, socialism and secularism.
  • 4. • In 1977, by virtue of a Proclamation Order, secularism, one of the ideals in the original Constitution, was substituted by the phrase ‘absolute trust and faith in Almighty Allah’.
  • 5. • In 1988, as a further step to the Islamization process, Article 2A was inserted by virtue of the Constitution (Eighth Amendment) Act 1988 which states that the ‘State religion is Islam, but other religions may be practiced in peace and harmony in the Republic’.
  • 6. • By the 15th Amendment of the Constitution we are now back to the original Constitution in the sense that secularism is again a principle of State policy.
  • 7. Constitution of the People’s Republic of Bangladesh • Article 7 of the Constitution declares that any existing law of the state which is inconsistent with any provision of the Constitution shall be void. • Articles 27, 28 and 29 of the Constitution declares the principles of non-discrimination.
  • 8. Part II---Fundamental Principles of State Policy---non-justiciable • Like most constitutions, formal equality is explicitly enshrined in the Bangladeshi Constitution also and Article 10 of the Constitution of Bangladesh, 1972 deals with the participation of women in national life.
  • 9. Article 19---Equality of Opportunity • 19(3) states that The State shall endeavor to ensure equality of opportunity and participation of women in all spheres of national life.
  • 10. Part III---Fundamental Rights--- Justiciable---enforceable in Court • Article 27.- EQUALITY BEFORE LAW “All citizens are equal before law and are entitled to equal protection of law”.
  • 11. Article 28 • Article 28.- DISCRIMINATION ON GROUNDS OF RELIGION ETC. (1) “The State shall not discriminate against any citizen on the grounds only of religion, race caste, sex or place of birth.” (2) “Women shall have equal rights with men in all spheres of the State and of public life”
  • 12. Article 28 goes on to add: • Article 28 (3) deals with non-discrimination on gender and other grounds not being grounds 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
  • 13. ARTICLE 28(4) • NOTHING IN THIS ARTICLE SHALL PREVENT THE STATE FROM MAKING SPECIAL PROVISION IN FAVOUR OF WOMEN OR CHILDREN OR FOR THE ADVANCEMENT OF ANY BACKWARD SECTION OF SOCIETY
  • 14. ARTICLE 29 • Article 29 ensures: ‘Equality of opportunity in public employment’ and states, • (1) There shall be equality of opportunity for all citizens in respect of employment or office in the service of the Republic. • (2) 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. •
  • 15. • (3) Nothing in this article shall prevent the State from -- • (a) making special provision in favour of any backward section of citizens for the purpose of securing their adequate representation in the service of the Republic; • (b) giving effect to any law which makes provisions for reserving appointment relating to any religious or denominational institution to persons of that religion or denomination; • (c) reserving for members of one sex any class of employment or office on the ground that it is considered by its nature to be unsuited to members of the opposite sex. •
  • 16. • Article 65(3): There shall be 50 reserved seats for women and they shall be elected by the MP’s on the basis of ‘ ‘proportionate representation in the Parliament’
  • 17. Enforcement of Fundamental Rights • Article 44 confers the right to move to the High Court for enforcement---under Article 102 a WRIT may be filed.
  • 18. The Citizenship Act, 1951 • Citizenship could only be transmitted through the father (Sayeeda Rahman Malkani vs. Bangladesh) • The Citizenship (Amendment) Act, 2009 was passed on the 3rd of March, 2009—now foreign children having Bangladeshi mothers will automatically get Bangladeshi citizenship.
  • 19. • A Bangladeshi woman married to a foreigner cannot still transmit citizenship to her foreign husband • A Bangladeshi man can transmit Bangladeshi citizenship to his foreign wife.....
  • 20. Gender discrimination inconsistent with the Constitution • The Appellate Division and the High Court Division in the cases of • Dalia Perveen vs Bangladesh Biman 48 DLR 132 Rabia Basri Irene vs. Bangladesh Biman 52 DLR 308
  • 21. • Discrimination in the matter of fixing the age of retirement of the Stewards and Stewardesses. • Gender based discrimination • Held by the Courts to be Discriminatory and violative of Article 28 of the Constitution and therefore not legal.
  • 22. Pro-active Judiciary---PIL • Public Interest Litigation may be defined as legal action through the Courts that is intended to promote the interests of the public or a large portion of the public...and a person, on behalf of such group, may approach the Court. • Bangladeshi Courts have played a pro-active role and in several cases upheld the gender based anti-discriminatory clauses of the Constitution…..
  • 23. • Jatiyo Mahila Ainjibi Samity v Bangladesh and other (Criminal), 59 DLR, (2007) 447, judgment dated 23 May, 2006: High Court laid down guidelines which must be followed in educational institutions and work places to combat ‘sexual harassment’
  • 24. Mrs.Salma Ali vs. Secretary, Ministry of Home Affairs and others WRIT PETITION NO. 212 OF 2000 • The Government Respondents were ordered by the Court to take several steps to improve the situation of the campus ‘for improvement of the law and order situation and protection of the life and liberty of ordinary citizens and women in particular (italics mine) in the Dhaka City area, particularly, within the campus of the University of Dhaka and its adjoining areas’.
  • 25. Shamima Sultana vs. Bangladesh, 57 DLR (2005) 201 • The petitioners in that case, 10 in number, were elected as Ward Commissioners of Khulna City Corporation to seats reserved for women. They sued the Government on the grounds that by certain administrative actions which had restricted and curtailed their powers, they had been discriminated against.
  • 26. The Court held: •  ”In our day-to-day life, in order to forsake discrimination towards women in real and practical sense, a mere equal treatment would not do. The handicaps and drawbacks inherent in the life of a woman in our social context must be appreciated.
  • 27. ……As such, a mere equal treatment , in the juristic sense, would not eradicate the difficulties and the consequent evils of inequality faced continuously by a woman at home and in her daily life, be she a working lady in an office or a professional , her career is always hedged with immense hurdles
  • 28. and in order to bring her on equal footing with man, a further leeway of leverage, in her favour, in order to balance these hindrances, is required otherwise, the constitutional commitments to bring in the fundamental rights of gender equality, as enshrined in the Constitution, would be a mockery”
  • 29. Religious law and secularism • Despite the fact that secularism was considered to be one of the basic pillars of the identity of Bangladeshi nationalism at the time of independence, there was no attempt even at that stage to introduce uniformity as regards family and personal matters. Each religious community therefore continued to be governed by their own personal laws as regards family matters.
  • 30. Conclusion: • The Constitution in Article 28 (4) states that the State shall not be prevented “from making special provision in favour of women or children or for the advancement of any backward section of citizens”.
  • 31. • Many special laws exist to protect women or to give them additional rights • Quota systems have been introduced to ensure women’s participation in various professions as well as at various stages of Government service---judiciary, civil service etc • Constitution provides for reserved seats for women.....
  • 32. Question : DO you consider these actions as Affirmative action/positive discrimination???????